Terms of service
Terms and Conditions
These terms and conditions were revised on May 28, 2001
These are the ProjectLounge Inc, Standard Terms And Conditions for the Supply of the ProjectLounge Application Service ("the Service"). These terms apply to you as a user of the Service ("client"). It is intended to ensure that you know your rights and obligations when using the Service.
Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions.
Please look out for any amendments to these Terms and Conditions that ProjectLounge ("we") might make in the future. From time to time we will make amendments to them by giving you notice of the change and you will then be obliged to comply with these terms and conditions as amended or cease using the Service.
This agreement commences on the date when you first create a site with us or engage our services and continues until either party terminates by 30 days notice in writing to the other party. On termination or expiry of this agreement for any reason, we may delete all of the data from any storage media.
You are given the opportunity to backup and take local copies of the data at any time. 1. Application and Variation of these Terms These terms and conditions are the terms on which we provide the Service to you. These terms constitute the agreement in its entirety and supersede prior agreements. We may modify these terms as applying to any agreement, the pricing structure for any Service or the terms of the operation by general notice on a page of the Internet referred to on the our Home Page, and any use after that publication will constitute an acceptance of that modification.
2.1 We will assign you a logon name and password which will provide you with access to the ProjectLounge.com web site.
2.2 Scheduled Maintenance - We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be off-line for more than 30 minutes we will post details of the scheduled maintenance to the Web Site at least 48 hours in advance of the maintenance.
2.3 Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, we will post details of the event to the Web Site after the maintenance has been completed.
2.4 Archiving of Data - We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recover. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your Web Site. This process requires that you maintain a recent copy of your data at your premises at all times.
3.1 You must pay for the Service as agreed from time to time. In particular you must pay all Service charges.
3.2 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Billing period is on a monthly cycle beginning when you register. If you register after the 28th of each month, your billing date becomes the first of the next month.
3.3. You consent to us obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
4. Warranties and Liabilities
4.1 We do not warrant that: a. the services provided under this agreement will be uninterrupted or error free; or b. the services will meet your requirements, other than as expressly set out in this agreement.
4.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.
4.3 You warrant that a. at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced; b. you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person; c. you will keep secure any passwords used to upload data to the Server;
4.4 You accept responsibility for all information and material you issue over any Service, and indemnifies us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.
4.5 You agree to abide by our Acceptable Use policy.
4.6 You are solely responsible for dealing with persons who access the client data, and must not refer complaints or inquiries in relation to such data to us.
4.7 Except as provided in clause
4.2. We are not liable to you or any other person for:- a. any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; b. the content, context or confidentiality of any communications made using the Service.
5. Suspension of Service
5.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:
- during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable;
- if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
6.1 the client grants to ProjectLounge.com a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement. This does not extend to using your information for other commercial means. We will not sell private information to 3rd parties.
6.2 ProjectLounge is an xSP IBM hosting partner and rents software to the client as part of the service. This software contains its own terms and conditions which the client has to agree to before using the service. The IBM license is available and updated on the IBM web site and http://www.ibm.com/software/sla/. By using the service, you agree to the standard IBM license agreement and that our service is subject to those agreements.
6.3 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
6.4 This agreement and the transactions contemplated by this agreement are governed by the law in force Massachusetts.
6.5 You may not assign its rights and obligations under this agreement without our prior written consent.
ProjectLounge Acceptable Use Policy
This is ProjectLounge's Acceptable Use Policy.
It applies to you if you are a ProjectLounge user ("you"). It is intended to ensure that your use of ProjectLounge's service is trouble free and that you have due regard to the law and the needs of other users. Please read it carefully. It is a condition of your use of our service that you comply with the terms of this Policy.
From time to time ProjectLounge ("we") will make amendments to this Policy. We will give you notice of the change by email and you will then be obliged to comply with the Policy as amended.
1. SOME GENERAL PRINCIPLES
1.1 ProjectLounge.com is not responsible for the content of user originated traffic
- We exercise no direct supervision or control whatsoever over the content of the information passing through our network.
- We do not assume any responsibility for information not sent or authorised by us.
- The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic.
1.2 You are responsible for use of your account
- If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.
1.3 You are responsible for complying with conditions of use of other networks
- If we provide you with access to a network outside our service you must comply with any acceptable use conditions which apply to that network.
2. ACCEPTABLE USES
2.1 You have responsibilities. It is your responsibility to:
- use our service and services in a manner which does not violate any applicable laws or regulations;
- respect the conventions of the newsgroups, lists and networks that you use;
- respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;
- respect the privacy of others;
- use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
- refrain from acts that waste resources or prevent other users from receiving the full benefit of our services.
2.2 Use must be ethical
- Your use of our services should be ethical and in accordance with accepted community standards.
3. UNACCEPTABLE USES
3.1 You must comply with the Law
- It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws.
3.2 Specific kinds of use are not allowed
It is not acceptable to use our service to, amongst other things:
- violate copyright or other intellectual property rights;
- illegally store, use or distribute software; to transmit threatening, obscene or offensive materials;
- engage in electronic `stalking' or other forms of harassment such as using abusive or aggressive language;
- misrepresent or defame others;
- commit fraud;
- gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
- damage, modify or destroy the files, data, passwords, devices or resources of ProjectLounge.com, other users or third parties;
- engage in misleading or deceptive on-line marketing practices;
- conduct any business or activity or solicit the performance of any activity that is prohibited by law;
- make an unauthorised transmission of confidential information or material protected by trade secrets; or
- attempt to do any of these things.
3.3 Disruption of the network is not allowed
You may not use the service to interfere with or disrupt other network users, services or equipment. In particular, for example, you must not:
- distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (`spamming');
- send unsolicited commercial messages;
- propagate computer worms, viruses and other types of malicious programs;
- make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers; and
- harass or impersonate ProjectLounge.com or other users.
3.4 Soliciting subscribers to other services is not allowed
It is also not acceptable to use our service to solicit subscribers to become subscribers of other competitive information services.
3.5 Resale of our services is not allowed
Resale of our services to others is strictly forbidden under all circumstances. The Partner program provides for the resale of services.
4. WHAT WE MAY DO TO ENSURE THAT THIS POLICY IS BEING FOLLOWED
4.1 We may monitor your account but will respect your privacy
- We may monitor the conduct of your account to determine whether this policy is being followed.
- If we monitor the conduct of your account we will safeguard your privacy unless to do so would involve us in concealment of a criminal offence or inhibit the enforcement of this policy.
4.2 We will make an effort to contact you If we become concerned that your use of our service may break the law or that you have not complied with this policy we will attempt to contact you before taking action.
4.3 We may terminate your account and/or notify the authorities If we believe that your use of the service may break the law or that you have not complied with this policy we may:
- warn you by email;
- suspend your access to the service;
- terminate your account without notice; and/or
- notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
4.4 In the event of taking action under
4.3 We reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.
We respect your privacy! Any and all information collected at this site will be kept strictly confidential and will not be sold, reused, rented, loaned, or otherwise disclosed. Any information you give to ProjectLounge.com, Inc. will be held with the utmost care, and will not be used in ways that you have not consented to. A more detailed explanation about how we safeguard your personal information is described below. If you have any questions, please don't hesitate to contact us ().
Resale or disclosure of information to third parties:
ProjectLounge.com, Inc. does not sell, rent, loan, trade, or lease any personal information collected at our site, including membership forms or email lists.
Browser information collected on the website:
ProjectLounge.com, Inc. analyzes our website logs to constantly improve the value of the materials available on our website. Our website logs are not personally identifiable, and we make no attempt to link them with the individuals that browse the site. Where you have authenticated, we only analyze the logs for server performance monitoring.
Privacy of our email lists:
ProjectLounge.com, Inc. maintains several email lists to keep ProjectLounge.com members informed. We do not sell, rent, loan, trade, or lease the addresses on our list to anyone. In addition, we configure our list server software to refuse to divulge the email addresses of our list subscribers to anyone but authorized ProjectLounge.com staff, including other list subscribers.