Hosting Agreement and Acceptable Use Policy
This license permits you (LICENSEE) to use the software (Connect
) and hosting services under the specific terms of this agreement.
Ownership of the software including the programs, documentation, and any other
materials provided with the program, and any components thereof ("LICENSED
SOFTWARE") remains with MH Software, Inc. ("LICENSOR").
- Prohibited Activities
- The following items are examples of prohibited activities and not an
exhaustive list. LICENSEES who engage in prohibited activities will have their
host agreement immediately terminated and forfeit any amounts pre-paid for
- Attempting to use the system to break into, degrade the capability, check
for vulnerability, or otherwise interfere with the operation of the host
computer or any other computer.
- Attempting to access the data or information of any other user on the system.
- Sending Unsolicited Commercial EMail, posting advertisements in News groups,
forging Email headers, or any other activity related to Unsolicited Commercial
- Posting unlawful, threatening, abusive, harassing, libelous, defamatory,
obscene, deceptive, fraudulent, invasive of another's privacy, tortuous,
indecent, pornographic, or inaccurate information.
- Posting material that harasses, degrades, or intimidates an individual or
group of individuals on the basis of race, religion, gender, sexual orientation,
ethnicity, or any other reason.
- Using the software or service in support of activities that are considered
illegal in your jurisdiction.
- Infringing on the copyright, trademark, or other intellectual property right
of another person or organization.
- Sharing host login (as opposed to calendar login) information with persons
not directly associated with your company or organization.
- You may not provide individual calendars to others outside your organization
in exchange for consideration. This applies whether the consideration is given
by the immediate user or a third party.
- Any other activity, which in the sole opinion of the Licensor is equivalent
in spirit or fact to items listed above.
- Administration and Payment
- In addition to the prohibited activities, this agreement may be terminated
for the following reasons:
- You fail to pay your hosting fee within 30 days of the due date.
- You fail to provide and maintain accurate contact information to Licensor.
- An administrative fee of $75.00 may be charged for any of the following
- Restoring files or data where the loss was directly caused by the customer
or authorized users.
- Re-activating an account that was terminated for non-payment.
- Licensor employs reasonable technology for information protection, including
off-site backup and appropriate security practices, but makes no warranty that
data is totally secure or can never be revealed or lost.
- This Agreement is effective until terminated. You may terminate this
Agreement at any time by notifying MH Software in writing that you wish to
terminate your hosting service. This Agreement will terminate immediately with
written notice to registered contact from Licensor if you fail to comply with
any provision of this Agreement.
- Modifications to Terms
- LICENSOR may alter these terms and conditions at any time. LICENSEE
understands and agrees to be bound by these new terms. LICENSEE's sole recourse
should they choose to discontinue service under the new terms is a pro-rated
refund of any pre-paid hosting fees.
- Limits of Liability
- LICENSOR makes no warranty of any kind, expressed or implied, with regard to
the program or documentation contained in this product. EXCEPT AS EXPRESSLY SET
FORTH HEREIN, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND
WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE, INCLUDING THE CONDITION, THE
CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY ERRORS OR
OTHER LATENT OR PATENT DEFECT, ANY INFRINGEMENT OF ANYONE ELSE'S INTELLECTUAL
PROPERTY RIGHTS, ANY NEGLIGENCE, THE MERCHANTABILITY OF THE LICENSED SOFTWARE,
AND FITNESS FOR ANY PARTICULAR USE. LICENSOR SHALL NOT BE LIABLE IN ANY EVENT
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) IN
CONNECTION WITH OR ARISING OUT OF THE USE OF THIS PROGRAM. UNDER NO
CIRCUMSTANCES SHALL LICENSOR'S LIABILITY EXCEED THE COST PAID FOR THE SOFTWARE,
EVEN IF LICENSOR HAS BEEN ADVISED OF THIS POSSIBILITY.
ADDITIONALLY, LICENSOR MAKES NO EXPRESS CLAIMS REGARDING SYSTEM AVAILABILITY AND
IS NOT LIABLE FOR ANY LOSS THAT CUSTOMER SUFFERS BECAUSE THE SYSTEM WAS NOT
- Force Majeure
- Either party shall be excused from any delay or failure in performance
hereunder caused by any occurrence or contingency beyond its reasonable control,
including without limitation acts of God, war, riot, earthquake, labor disputes,
and government requirements.
- Governing Law
- Any action related to this Agreement will be governed by Colorado law and
controlling U.S. federal law. Any action or proceeding brought by either party
against the other arising out of or related to the Agreement shall be brought
only in a State or Federal Court of competent jurisdiction located in the City
and County of Denver, Colorado. The parties hereto agree to in personam
jurisdiction of said courts.
- If any provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision omitted, unless omission
would frustrate the intent of the parties, in which case this Agreement will
- This Agreement is the entire agreement between you and Licensor relating to
its subject matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties and prevails over any
conflicting or additional terms of any quote, order, acknowledgment, or other
communication between the parties relating to its subject matter during the term
of this Agreement. No modification of this Agreement will be binding, unless in
writing and signed by an authorized representative of each party.