| |
Terms of Service for 2hho, site, and services
Last Updated: June 10, 2009
Version: 1.2
Thanks for using 2HHO! For the sake of simplicity and consistency, these
Terms of Service apply to all of our users and members, including those
who download our software, those who sign up for a 2HHO Online Web
account and those who use our services through our Web site or via third
parties integrating 2HHO functionality through our application
programmer interfaces ("APIs") or otherwise. Accordingly, there are some
provisions below relating to the use of our software which necessarily
apply only to those of our members who have downloaded the software. All
other terms and provisions apply to all of our users and members.
Important—Read carefully: These Terms of Service for 2HHO, Site and
Services (these "Terms of Service") together constitute a legal
agreement between you (an individual, not an entity) and 2HHO, Inc., a
Nevada corporation, and its suppliers and its licensors (collectively
"2HHO") with respect to 2HHO (together with all prior and subsequent
versions, and all patches and updates thereto, the "Software"), the
www.2HHO.com Web site, including all subpages under the Web site
(collectively, the "Site"), the 2HHO Network™ and all services provided
to you directly or indirectly by 2HHO on or through the Site
(collectively, "2HHO Online") or through the Software, including those
services made available through APIs and services offered through third
parties integrating 2HHO functionality (collectively, all 2HHO Online,
Software services and all other 2HHO services are referred to as the
"Services"). These Terms of Service apply to both Services that are
provided without fees or charges (each a "Free Version") and all
versions of the Services which require you to pay a license or other fee
(each a "Premium Version"). By clicking on the "Accept" button or
otherwise using or accepting the Software, Site and/or Services (the
"2HHO Offerings"), you agree to be bound by the terms of these Terms of
Service. If you do not agree to these terms of service, do not click on
the "Accept" button and do not use the Software, Site or Services. You
agree that your use of the Software, Site and/or Services acknowledges
that you have read these Terms of Service, understand them, and agree to
be bound by these Terms of Service.
The information discussed at this
website is for general informational purposes only. We have personal
experience with HHO, but we are not licensed or certified engineers or
mechanics, and make no claims as to the safety or efficacy of any system
or procedure discussed. The information provided is housed on other web
sites and subject to change or removal at any time. You are completely
responsible for evaluating the information you receive and for the
consequences of any steps you take as a result.
The 2HHO Offerings provided to you under these Terms of Service is (A)
for the Free Version, for your personal and non-commercial use only and
(B) for any Premium Version, for your personal and your commercial use
(other than in connection with a service bureau, application service
provider, or similar business). Click here for more information.
1. Description of Services
2HHO provides you with the capability of updating, maintaining, and
accessing your contact list or address book by downloading the Software
or going to the Site and becoming a registered user of the Services (a
"Member"). When you become a Member, 2HHO will create your personal
account which will contain: certain basic account information such as
your name, e-mail address, password, passwords to third party accounts
that you synchronize with your 2HHO account, and a challenge/response
question for lost passwords ("Your Account Information"); information
about you that you may wish to share with others (professional and
personal data about you that you create and have the option to share
with others through the 2HHO Service) ("Your 2HHO Cards"); your contact
list or address book which includes all fields that you and/or your
contacts provide ("Your Contact List"); and your Notes, Tasks and
Calendar items ("Your PIM Information"). Your Contact List may contain
contacts for both Members and non-Members. You have the option to upload
and store Your Contact List and PIM Information to the 2HHO Servers to
enable Web access of this information.
As a Member, you will be able to easily update and maintain the contacts
in the contact management applications stored on your computer. You also
will be able to access Your 2HHO Cards, Your Contact List and Your PIM
Information using any supported Web browser via 2HHO Online. In
addition, you will have the ability to permission any of your 2HHO Cards
for "Members", "Contacts", or "Private". If you permission a 2HHO Card
for "Members", it will be available to any 2HHO Member who includes one
of your confirmed e-mail addresses in their Contact List (note: a
confirmed e-mail address is one that you entered in a 2HHO Card and has
been verified by 2HHO to be yours). Likewise, you will be able to access
other Members' Cards permissioned for "Members" if you know their e-mail
address (confirmed). If you permission a 2HHO Card "Contacts", it will
be available ONLY to those 2HHO Members who are also in your own address
book. If you permission a 2HHO Card "Private", it will be available ONLY
to those 2HHO Members to whom you give explicit permission.
Once you have downloaded and installed the Software, you will be able to
access the Services through the contact management applications
compatible with the Software, or if you desire, through 2HHO Online. The
2HHO Cards, Contact List, and PIM information you provide 2HHO is stored
locally in system files on your computer and on 2HHO's servers. It is
sent to and from such servers as part of the Software's functionality
(i.e., updating contacts).
Non-members may elect to permanently opt-out from receiving 2HHO Update
Request e-mails sent by Members. When you register for permanent
opt-out, you provide us with a validated e-mail address at which you no
longer wish to receive 2HHO Update Requests. If necessary, we will send
you an opt-opt confirmation e-mail to the address you enter. You must
respond to that e-mail to complete the opt-out process.
Additional features may be added to the 2HHO Offerings and made
available to you from time to time. You understand and agree that 2HHO
may provide updates, patches and/or new versions of the Software from
time to time, with or without notice. You also understand and agree that
the 2HHO Offerings may include advertisements and that these
advertisements are necessary for 2HHO to provide the Services.
2. Personal License
2HHO hereby grants you a non-exclusive, non-transferable license to use
the Software and to use and to access the Site and Services subject to
the terms and conditions in these Terms of Service. Under this license
you may only: (i) use a Free Version for your personal and
non-commercial use; (ii) use a Premium Version for your personal and
your commercial use; and (iii) make one copy of the Software in machine
readable form solely for back-up purposes, provided that you reproduce
all proprietary notices on the copy.
3. Restrictions
a) You may not: (i) prepare derivative works based on the 2HHO
Offerings; (ii) reproduce the 2HHO Offerings except as specifically
provided in these Terms of Service; (iii) sell, assign, transfer,
license, sublicense, publish, disclose, display, or otherwise make
available the 2HHO Offerings or copies thereof in any form whatsoever to
any third parties or use the 2HHO Offerings for any third party's data
processing, computing, or other needs; (iv) modify, translate, reverse
engineer, decompile, or disassemble the 2HHO Offerings, subject to
applicable law to the contrary; or (v) remove any proprietary notices,
labels, or other identifying marks on the Software. These Terms of
Service shall not be interpreted as granting to you any license or right
not expressly granted herein. This license is not a sale. All rights to
the 2HHO Offerings not expressly granted herein are reserved by 2HHO.
b) You agree that you shall only use the 2HHO Offerings in a manner that
complies with all applicable laws and court orders in the jurisdictions
in which you use the 2HHO Offerings, including, but not limited to,
applicable restrictions concerning privacy, copyright and other
intellectual property rights.
c) You may not use the 2HHO Offerings to send unsolicited, promotional
mass electronic email messages or notifications to one or more
recipients or systems (known as "spamming"). Any promotional electronic
messages, which are sent in an unsolicited manner to 10 or more
recipients, or any series of unsolicited promotional electronic messages
to a single user, will be considered as spamming. Spamming also includes
(i) sending messages to distribution lists, newsgroup aliases, or group
aliases, and (ii) sending messages to recipients who do not know you or
who are unlikely to recognize you as a known contact.
d) You may not use the 2HHO Offerings to upload, post, post links to,
e-mail or otherwise transmit or make available: (i) any unsolicited or
unauthorized advertising or promotional materials; or (ii) content which
is harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, pornographic, libelous, invasive of privacy or
publicity rights, hateful, or racially, sexually, ethnically or
otherwise objectionable.
e) You may not use the 2HHO Offerings if you are under the age of 13 or
to solicit or collect any information from children under the age of 13.
4. Limited Warranty
2HHO warrants that for a period of 90 days from the downloading of the
Software hereunder each unmodified copy of the Software will conform
substantially to the user documentation. 2HHO's entire liability and
your exclusive remedy with respect to this warranty shall be 2HHO using
commercially reasonable efforts to correct such non-conformities. Except
for the above express Limited Warranty, 2HHO makes and you receive no
warranties, express, implied, statutory, or otherwise, and 2HHO
specifically disclaims any implied warranties of merchantability,
noninfringement and fitness for a particular purpose with respect to the
2HHO Offerings. 2HHO does not warrant that the 2HHO Offerings will meet
your requirements or that the 2HHO Offerings will be error free. This
limitation or exclusion of warranties may be subject to exceptions in
local jurisdictions.
5. 2HHO's Right to Terminate or Modify Terms of Service and Services
2HHO may modify these Terms of Service upon notice to you at any time.
These modifications may include, without limitation, charging for any
features within the 2HHO Offerings. 2HHO may provide notice to you of
any such modification by e-mail or by publishing the changes on its Web
site. In the event 2HHO modifies these Terms of Service, you may
terminate your use of the 2HHO Offerings. 2HHO may also terminate your
right to use the 2HHO Offerings at any time for any reason. Without
limiting the prior sentence, your right to use the 2HHO Offerings will
automatically terminate if you fail to comply with any term or provision
of these Terms of Service. No notice shall be required from 2HHO to
effect such an automatic termination. Upon any termination of your right
to use the 2HHO Offerings, you shall immediately discontinue use of the
2HHO Offerings.
6. Copyright Complaints
We respect the intellectual property rights of others and we prohibit
users from uploading, posting or otherwise transmitting on the 2HHO
website or service any materials that violate another party's
intellectual property rights. When we receive proper Notification of
Alleged Copyright Infringement as described in our 2HHO Copyright
Policy, we promptly remove or disable access to the allegedly infringing
material and terminate the accounts of repeate infringers as described
herein in accordance with the Digital Millenium Copyright Act. If you
believe that any material on the Site infringes upon any copyright which
you own or control, you may send a written notification of such
infringement to our Designated Agent. Please see our 2HHO Copyright
Policy for more information on how to report infringement of your
copyright.
7. Personal Information and Privacy
You are required to have a 2HHO account to use the Services. Personal
information you provide to 2HHO is governed by 2HHO's privacy policy
(the "2HHO Privacy Policy"). Click here to view the 2HHO Privacy Policy.
Your election to use the 2HHO Offerings indicates your acceptance of the
terms of the 2HHO Privacy Policy, so please review it carefully. You are
responsible for maintaining the confidentiality of Your Account
Information. You are responsible for all activities that occur in your
account and you agree to notify 2HHO immediately of any unauthorized
account use. 2HHO is in no way responsible for any loss or damages that
you may incur as a result of any unauthorized use of Your Account
Information.
8. Title
Title, ownership, rights, and intellectual property rights in and to the
2HHO Offerings shall remain in 2HHO. The 2HHO Offerings are protected by
the patent, trademark and copyright laws of the United States and other
countries, and by international patent, trademark and copyright
treaties. Title, ownership rights and intellectual property rights in
and to the content accessed through the Services shall be retained by
the applicable content owner and may be protected by applicable privacy,
copyright or other laws.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall
2HHO or its suppliers be liable for any consequential, incidental,
indirect, special, punitive, or other damages whatsoever or for damages
for loss of business profits, business interruption, computer failure,
loss of business information, or other pecuniary loss arising out of
these Terms of Service or the use of or inability to use the 2HHO
Offerings, even if 2HHO has been advised of the possibility of such
damages. Your sole and exclusive remedy for any dispute with 2HHO
related to these Terms of Service or the 2HHO Offerings shall be
cancellation of the License and termination of use of the services. In
the event a court awards direct damages despite the foregoing, such
damages shall not exceed the lesser of $10.00 or the amount you Paid for
the Software and Services. Because some states/jurisdictions do not
allow the exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to you.
10. Indemnification
You agree to hold harmless, indemnify and defend 2HHO, its officers,
directors and employees, from and against any losses, damages, fines and
expenses (including attorneys' fees and costs) arising out of or
relating to any claims that you have (i) used the 2HHO Offerings in
violation of another party's rights or in violation of any law, or (ii)
violated these Terms of Service.
11. Export Restrictions
You cannot export or re-export the Software in any form without the
appropriate United States and foreign government licenses. You will not,
directly or indirectly, export or transfer the Software to any country
to which transmission is prohibited by applicable statute. Your failure
to comply with this provision is a material breach of these Terms of
Service.
12. U.S. Government Restricted Rights
The Software and accompanying documentation are provided with restricted
rights. Use, duplication or disclosure by the U.S. Government is subject
to the restrictions as set forth in subparagraph(c)(1)(ii) of DFARS
252.227-7013 (The Rights in Technical Data and Computer Software) or
subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer
Software--Restricted Rights), as applicable. Manufacturer is 2HHO, Inc.,
203 Ravendale Drive, Mountain View, CA 94043.
13. User Age Restriction
The 2HHO Offerings are not intended for and may not be used by children
under the age of 13. You may not use the Software or Services or access
the Site unless you are at least such age.
14. Miscellaneous
a) No Assignment. The Software and Services are personal to you, and may
not be transferred or assigned without 2HHO's express written consent.
b) Governing Law; Jurisdiction. These Terms of Service are governed by
the laws of California, excluding its choice of law provisions. You
agree to bring and defend any actions related to these Terms of Service
exclusively in the state of federal courts located in Santa Clara
County, California. These Terms of Service will not be governed by the
United Nations Convention of Contracts for the International Sale of
Goods, the application of which is hereby expressly excluded.
c) Injunctive Relief. To the extent that you have breached or have
indicated your intention to breach these Terms of Service in any manner
which violates or may violate 2HHO's intellectual property rights, or
may cause continuing or irreparable harm to 2HHO (including, but not
limited to, any breach that may impact 2HHO's intellectual property
rights, or a breach by reverse engineering), 2HHO may seek injunctive
relief, or any other appropriate relief, in any court of competent
jurisdiction.
d) Complete Agreement. These Terms of Service shall constitute the
complete and exclusive agreement between us, notwithstanding any other
written instrument submitted by you, whether formally rejected by 2HHO
or not. The terms and conditions contained in these Terms of Service may
not be modified by you except in a writing duly signed by you and an
authorized representative of 2HHO. If any provision of these Terms of
Service is held to be unenforceable for any reason, such provision shall
be reformed only to the extent necessary to make it enforceable, and
such decision shall not affect the enforceability of such provision
under other circumstances, or of the remaining provisions hereof under
all circumstances.
|
|
