Legal Information


On this page you will find legal notices that all our clients agree to before using our services or products:

ACCEPTABLE USES POLICY
WEB HOSTING TERMS AND CONDITIONS
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
DOMAIN REGISTRATION AGREEMENT
SITE-IN-A-BOX® LICENSE AND HOSTING AGREEMENT
PILOTCART® LICENSE AND HOSTING AGREEMENT
SOLOFLIGHT® LICENSE AND HOSTING AGREEMENT


ACCEPTABLE USES POLICY

As a provider of Internet access, web site hosting, and other Internet-related services, Project A Inc offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Project A Inc respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Project A Inc reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Project A Inc has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Project A Inc's services. This AUP will be revised from time to time. A customer's use of Project A Inc's services after changes to the AUP are posted on Project A Inc's web site, www.projecta.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Project A Inc cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Project A Inc cannot monitor or censor the Internet, and will not attempt to do so, Project A Inc cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal internet information.

When subscribers disseminate information through the Internet, they also must keep in mind that Project A Inc does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Project A Inc's network and may reach a large number of people, including both subscribers and nonsubscribers of Project A Inc, subscribers' postings to the Internet may affect other subscribers and may harm Project A Inc's goodwill, business reputation, and operations. For these reasons, subscribers violate Project A Inc policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Project A Inc, but also because it can overload Project A Inc's network and disrupt service to Project A Inc subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Project A Inc has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Project A Inc is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Project A Inc's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Project A Inc's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Project A Inc is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Project A Inc's network.

Defamatory or Abusive Language -- Using Project A Inc's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- Project A Inc reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Project A Inc determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As stated, responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Project A Inc will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Project A Inc policy or applicable law. When Project A Inc becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Project A Inc also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Project A Inc's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Project A Inc does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Project A Inc has the right to directly take action against a customer of a subscriber. Also, Project A Inc may take action against the Project A Inc subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Project A Inc anticipates that subscribers who offer Internet services will cooperate with Project A Inc in any corrective or preventive action that Project A Inc deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Project A Inc policy.

Project A Inc also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Project A Inc urges its subscribers to assume that all of their on-line communications are insecure. Project A Inc cannot take any responsibility for the security of information transmitted over Project A Inc's facilities.

Project A Inc will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Project A Inc may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Project A Inc may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Project A Inc assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Project A Inc may disclose subscriber information or information transmitted over its network where necessary to protect Project A Inc and others from harm, or where such disclosure is necessary to the proper operation of the system.

Project A Inc expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Project A Inc policy. Finally, in agreeing to the service agreement, subscribers indemnify Project A Inc for any violation of the service agreement, law, or Project A Inc policy, that results in loss to Project A Inc or the bringing of any claim against Project A Inc by any third-party. This means that if Project A Inc is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Project A Inc, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Project A Inc and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to info@projecta.com


WEB HOSTING TERMS AND CONDITIONS

1. Project A Inc. exercises no control what so ever over the content of the information passing through its network. Project A Inc. makes no warranties of any kind, whether express or implied, for service it is providing. Project A Inc. will not be responsible for any damage Customers suffers. This includes loss of data resulting for delays, nondeliveries. misdeliveries, or service interruptions. Use of any information obtained via Project A Inc. network is at Customer's own risk. Project A Inc. specifically denies any responsibilities for any accuracy or quality of information obtained through its services.

2. Customers use of Project A Inc. host computers and points of presence (Project A Inc. Network) may only be for lawful purposes. Transmission of any material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: transmitting data which is threatening, obscene, or defamatory, which belongs to a third party and is protected by copyright, trade secret, patent, or other intellectual property laws, or violates export control laws. Customer agrees to indemnify and hold harmless Project A Inc. from any claims resulting from Customer's use of the service or the use of the service by anyone authorized by Customer which damages Project A Inc. or any third party.

3. Any access to other networks connected to Project A Inc. must comply with the rules appropriate for that other network.

4. Payment is due on receipt. Accounts are in default if payment is not received within 30 days after date of invoice. If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of $25 from Project A Inc. Accounts unpaid 45 days after date of invoice may have their service interrupted. Account paying by electronic payment shall be in default if funds are not paid with in 15 days of the 1st of the month and may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of the lesser of 1.5% per month, or the maximum rate permitted by law, on the outstanding balance. Customer agrees to pay Project A Inc. its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

5. Service is invoiced monthly in advance. You may cancel service purchased on a month-to-month basis without penalty by giving 30 days notice, in writing. You may cancel contracted service by giving 30 days notice, in writing, but you will be subject to an early termination charge of all waived setup fees. Refund if any will be base on the monthly list price for service. Project A Inc. reserves the right to change the rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of the change.

6. Project A Inc. shall not insure or be responsible for any loss or damage to property of any kind owned or leased by Customer or its employees, contractors, and agents placed at Project A Inc point of presence. Any policy of insurance covering the Equipment owned or leased by Customer against loss or physical damage shall waive their rights against Project A Inc and Landlord and each of their directors, officers, employees, contractor and agents.

7. Account use must comply with the current Acceptable Uses Policy.

8. This agreement takes effect when accepted by Project A in Oregon. It is to be governed by and construed under the laws of the State of Oregon and the United States of America. The federal and state courts of the State of Oregon shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of Oregon and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Project A. Project A will comply with all orders issuing from tribunals having jurisdiction over Project A, and that such compliance could affect the services provided by Project A to Customer.

9. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.


CABLE MODEM SERVICE TERMS AND CONDITIONS

1. A Project A Inc Cable Modem Connection is a digital data telecommunications service that consists of one private virtual connection between a Subscriber’s premise and Project A that utilizes Ashland Fiber Network ("AFN") technology. A Cable Modem Connection provides upstream and downstream maximum throughput rates that range from up to 3Mbps to 5Mbps. The maximum throughput rate depends on such factors as the distance of the Subscribers premise from a node center and the quality of the cable line serving the premise.

2. The minimum initial term for each Subscriber Cable Modem Connection shall be three months from the date of installation of such connection, continuing on a month-to-month basis thereafter (the "Connection Term"). Customer may order a Connection Term with an initial duration longer than three months for any particular Subscriber Cable Modem Connection. Project A represents and warrants that the prices and discounts described in this schedule will be firm for the initial term of each Subscriber Cable Modem Connection. Following each Subscriber Cable Modem Connection initial term, the then prevailing rate will be applied to the Subscriber Cable Modem Connection on a month-to-month basis.

3. Customer will notify Project A Inc of all cancelations in writing (the "notice of cancelation"). Upon receipt of a notice of cancelation, Project A Inc will cancel the Subscriber’s Cable Modem Connection within two business days. Project A Inc will bill and Customer will pay, the connection charges to the end of the Connection Term in addition to other charges specified hereunder.

4. If Project A Inc receives a notice of cancelation of a Subscriber’s Cable Modem Connection or Project A Inc terminates a Subscriber’s Cable Modem Connection prior to the Connection Term, Customer will pay Project A Inc the Early Cancelation Fee of $50.00.

5. Billing will start on the date that a Service is successfully installed or started and will be pro-rated to the first day of the month.

6. Interest shall be payable at the rate of one and one half percent (1.5%) per month or at the maximum rate permitted by law, whichever is less, on all overdue, undisputed in good faith and unpaid invoices until paid in full, provided however, Customer shall owe no interest unless invoiced therefore.

7. Project A Inc shall operate and monitor its network and provide Services twenty-four (24) hours per day, seven (7) days per week.

8. Account use must comply with the current Acceptable Uses Policy.

9. PROJECT A INC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES OR THE SOFTWARE, WHETHER EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW. PROJECT A EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROJECT A DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES OR SOFTWARE OR INTERNET ACCESS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE.

10. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT. NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

11. Either party shall have the right to terminate this agreement at any time, effective upon written notice of termination to the other party, in the event of a breach of this agreement that is un-remedied for a period of thirty (30) days after written notice.

12. No party shall be liable to the other party for any costs or damages of any kind, including incidental or consequential damages, or for indemnification, solely on account of the lawful termination of this agreement, even if informed of such damages.

13. Neither Project A Inc nor Customer shall be deemed in default of this agreement if it’s performance or obligations under this agreement are delayed or become impossible or impractical by reason of any act of God, war, civil disobedience or any other cause beyond the control of such party. Notwithstanding the foregoing, a change in economic conditions or technology shall not be deemed a force majeure event.

14. Project A Inc may terminate this agreement effective immediately in the event of: i) Customer’s insolvency, bankruptcy, receivership or dissolution; ii) Customer’s actual or attempted assignment of this agreement or any of its duties under this agreement to another party; iii) Customer’s breach or threatened breach of any provision of this agreement; iv) Customer’s death or incapacity if Customer is a natural person.

15. This agreement constitutes the entire understanding and agreement, and supersedes any and all prior or contemporaneous representations, understandings, statements, negotiations, proposals, undertakings and agreements, oral or written, between the parties with respect to the subject matter of this agreement. Any amendment or supplement this agreement shall be in writing.

16. This agreement takes effect when accepted by Project A in Oregon. It is to be governed by and construed under the laws of the State of Oregon and the United States of America. The federal and state courts of the State of Oregon shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of Oregon and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Project A. Project A will comply with all orders issuing from tribunals having jurisdiction over Project A, and that such compliance could affect the services provided by Project A to Customer.

17. In the event any litigation or other proceeding is brought by either party in connection with this agreement, the prevailing party in such litigation or other proceeding shall be entitled to recover from the other party all costs, attorney fees and other expenses incurred by such prevailing party in litigation.

18. In the event that any provision of this agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable according to its terms.


NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this server ("Software") is the copyrighted work of Project A, Inc. and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). An end user will be unable to install any software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PROJECT A, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RESTRICTED RIGHTS LEGEND. Any software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. (4) Any copyright of the author of the document is included. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the projecta.com website or any other Project A, Inc. owned, operated, licensed or controlled site. Elements of Project A, Inc. websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Project A, Inc. website may be copied or retransmitted unless expressly permitted by Project A, Inc.

PROJECT A, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROJECT A, INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PROJECT A, INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROJECT A, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS, AND SERVICES AVAILABLE ON THIS WEBSITE.
IN NO EVENT SHALL PROJECT A, INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.

LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE PROJECT A, INC. SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PROJECT A, INC. AND PROJECT A, INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. PROJECT A, INC. IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PROJECT A, INC. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PROJECT A, INC. OF THE SITE.

COPYRIGHT NOTICE. Copyright © 2003-2017 Project A, Inc., 5350 Hwy. 66, Ashland, Oregon 97520 U.S.A. All rights reserved.

TRADEMARKS. Microsoft, Windows, Windows NT, Windows2000, Windows95, Windows98, MSN, Outlook, Outlook Express, and FrontPage are either trademarks or registered trademarks of Microsoft.

Apple, the Apple logo, Mac, Mac logo, Macintosh, Newton, OpenDoc, Power Macintosh, PowerBook, QuickTake, QuickTime, and QuickTime logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries.

AtmDirector, the Cisco logo, GigaStack, TrafficDirector, Catalyst, Cisco, Cisco IOS, the Cisco IOS logo, Cisco Systems, the Cisco Systems logo, EtherChannel, EtherSwitch, FastHub, FastLink, FastSwitch, IOS are registered trademarks® of Cisco Systems, Inc. in the U.S. and certain other countries.

Red Hat, the Red Hat "Shadow Man" logo, RPM, Maximum RPM, the RPM logo, Linux Library, PowerTools,  and all Red Hat-based trademarks and logos are trademarks or registered trademarks of Red Hat Software, Inc. in the United States and other countries.

Linux is a registered trademark of Linus Torvalds.

All other trademarks mentioned in this document are the property of their respective owners.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.


DOMAIN REGISTRATION AGREEMENT

1. AGREEMENT. In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Project A Inc and "Services" refers to the services provide by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.

2. SELECTION OF A DOMAIN NAME. We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.

3. FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose. In the event the payment goes unpaid Project A Inc shall have all rights to the domain and may sell it for the payment plus costs. Customer agrees to pay Project A Inc. its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

4. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 20. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement, Section 20. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

5. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must notify us in writing and provide an authorized signature.

6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by our current Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at the web site: http://www.icann.org/udrp/. Please take the time to familiarize yourself with such policy.

7. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the courts of Oregon USA.

8. AGENTS. You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

9. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

10. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

11. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

12. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

13. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

14. DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. we expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. REVOCATION. You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time.

16. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services, or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Services.

17. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

18. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

19. NON-WAIVER. Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of breach of any provision hereof be taken or held to be a waiver of the provision itself.

20. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to nic-admin@projecta.com or, in the case of notice to you, at the e-mail address provided by you in your Affiliate Program application or as updated from time to time. Mail shall be sent to Project A Inc, Domain Admin, 5350 Hwy. 66, Ashland, OR 97520 US and to you at the mailing address provided in your Affiliate application or as updated from time to time. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. PST and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.

21. ENTIRETY. You agree that this Agreement, the rules and policies published us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

22. GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the State of Oregon and the FEDERAL LAWS OF United States applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Jackson County courts located in Oregon US and you irrevocably consent to the jurisdiction of such courts.

23. INFANCY. You attest that you are of legal age to enter into this Agreement.

24. Acceptance of Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.


SITE-IN-A-BOX® LICENSE AND HOSTING AGREEMENT

IMPORTANT - BY UTILIZING SITE-IN-A-BOX SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THE FOLLOWING CAREFULLY BEFORE PROCEEDING. This Agreement is a legal agreement between you and Project A, Inc, the licensor of Site-in-a-Box software and associated on-line documentation that you access using this internet website (together referred in this Agreement as "Site-in-a-Box").

I. Site-in-a-Box License

1. License Grant. Subject to the terms of this Agreement, Project A, Inc grants you a non-exclusive, non-transferable license to access Site-in-a-Box remotely via browser on the server used by Project A, Inc to operate this website (the "Server") solely for purposes of creating and maintaining on the Server any interactive website developed using this website and with respect to which all required fees payable under this Agreement have been paid by you (each, a "Website").

2. Restrictions. You may not download or otherwise copy all or any portion of Site-in-a-Box. You may not sell, rent, license, lend, transfer or otherwise grant access to Site-in-a-Box to any other person or entity except as contemplated by the license granted to you above. You must comply with all applicable laws and regulations in your use of Site-in-a-Box. You may not modify, translate, reverse engineer, decompile disassemble or otherwise attempt to obtain or derive source code from all or any portion of Site-in-a-Box.

3. Proprietary Rights. Project A, Inc and its suppliers reserve all rights to Site-in-a-Box not expressly granted in this Agreement. Project A, Inc and its suppliers own Site-in-a-Box and all associated patent, copyright, trade secrets and other proprietary rights in Site-in-a-Box. No title or ownership of Site-in-a-Box or any associated proprietary rights are transferred to you or any other person by this Agreement.

4. Limited Warranty. Project A, Inc warrants that, for thirty (30) days from the date you first registered to use Site-in-a-Box, Site-in-a-Box will perform substantially according to the documentation included with Site-in-a-Box. Project A, Inc's and its suppliers' entire liability and your exclusive remedy for failure of Site-in-a-Box to comply with the foregoing warranty will be repair or replacement of Site-in-a-Box or, at Project A, Inc's option, return of any portion of the license fee paid to Project A, Inc by you for Site-in-a-Box. To receive this remedy, you must cease use of Site-in-a-Box and give Project A, Inc a written notice and description of the noncompliance within the warrantied period. This warranty applies only to you and is void if the failure of Site-in-a-Box has resulted from accident, abuse or misuse.

5. Third Party Suppliers. You expressly acknowledge that Site-in-a-Box contains, uses and accesses applications, programs and data licensed or provided to Project A, Inc by third party suppliers, and that such suppliers have disclaimed all warranties, express, implied or statutory, with respect to such applications, programs and data.

II. Website Hosting

1. Hosting Services. Project A, Inc grants you the right to develop and operate the Website on the Server, subject to and in accordance with the terms of this Agreement and such hosting policies, guidelines and specifications as Project A, Inc may, by notice to you, establish from time to time (the "WEB HOSTING TERMS AND CONDITIONS"). The WEB HOSTING TERMS AND CONDITIONS, if any, are incorporated in this Agreement or at www.projecta.com/legal.asp their entirety.

2. Prohibited Uses. You shall not use, nor permit any third party to use, the Website or the website or any part thereof: (i) to violate any federal, state or local law, (ii) to transmit or post any obscene, indecent, or pornographic communication or material, (iii) to promote any illegal activities, (iv) to violate any intellectual property rights, (v) attempt to overcome or penetrate any security measures on the Server, or (vi) to upload or transmit any virus or harmful agent. You acknowledge that you may be subject to civil or criminal liability under the laws of various governmental jurisdictions as a result of any failure to abide by the provisions of this paragraph.

3. Control. You will be solely responsible for the development, operation and maintenance of the Website and all content and materials appearing in the Website, including without limitation (i) the technical operation of the Website, (ii) the accuracy and appropriateness of content and materials appearing in the Website, (iii) ensuring that the content and materials appearing in the Website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights), and (iv) ensuring that the content and materials appearing in the Website are not libelous or otherwise illegal. You also will be solely responsible for accepting, processing and filling any customer orders generated through the Website, and for handling any customer inquiries and complaints arising therefrom. You shall inspect and monitor the Website as frequently and extensively as necessary to ensure its proper operation and compliance with the provisions of this Agreement, and to uncover any problems with the Website. To the fullest extent permitted by law, the Website will be deemed to be exclusively "under the control" of you and not "under the control" of Project A, Inc.

III. Payment

1. Amount. You will pay all applicable license, hosting and other fees relative to your use of Site-in-a-Box and the website in the amounts, in the manner and at the times specified on the website's fee schedule screen, as the same may be amended by Project A, Inc from time to time. The fee schedule is hereby incorporated in this Agreement in its entirety.

2. Taxes. The fees and other amounts payable under this Agreement do not include any sales, use, value-added or other taxes. All such taxes will be paid or reimbursed by you.

IV. General Terms

1. Termination. This Agreement may be terminated by any party to this Agreement at any time, with or without cause. Upon the effective date of any such termination, all rights granted to you will terminate, but Sections 1(b), 1(c), 2(d), 3 and 4 and all other provisions of this Agreement which may reasonably be construed as surviving such termination will survive the termination of this Agreement.

2. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROJECT A, INC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO SITE-IN-A-BOX, SITE, SERVER OR YOUR USE OF OR INABILITY TO USE SITE-IN-A-BOX, SITE OR SERVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTY THAT SITE-IN-A-BOX, SITE OR SERVER IS FREE FROM VIRUSES, BUGS, ERRORS OR OMISSIONS; AND (III) ANY WARRANTY OF NON-INFRINGEMENT.

3. LIMITATION OF LIABILITY. IN NO EVENT WILL PROJECT A, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF SITE-IN-A-BOX, SITE OR SERVER, EVEN IF PROJECT A, INC. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF PROJECT A, INC. OR ITS SUPPLIERS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF SITE-IN-A-BOX, SITE OR SERVER EXCEED THE RESPECTIVE AMOUNTS PAID TO THEM BY YOU HEREUNDER.

4. Indemnity. You will indemnify and hold harmless Project A, Inc and its suppliers from any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (i) any content or materials appearing in, or products or services sold or offered by you through the website, or (ii) the development, use, operation or other activities with respect to the website (including, without limitation, any breach of the provisions of Section 2(b)). To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Project A, Inc or its suppliers.

5. Attorney Fees. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.

6. Excused Performance. Project A, Inc will not be liable for, or be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as a result of any cause or condition beyond its reasonable control, including the failure or interruption of any internet service.

7. Independent Contractors. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party.

8. U.S. Government Restricted Rights. If Site-in-a-Box is accessed or used by any agency or other part of the U.S. Government, the U.S. Government acknowledges that (i) Site-in-a-Box and accompanying materials constitute "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable, and (ii) the U.S. Government's rights relating to Site-in-a-Box and accompanying materials are limited to those specifically granted in this Agreement.

9. Miscellaneous. This Agreement constitutes the entire agreement between you and Project A, Inc regarding Site-in-a-Box, the hosting of the Website and your use of the website. Project A, Inc will not be bound by any provision in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise (other than terms contained therein identifying the products and quantities ordered), unless Project A, Inc specifically agrees in writing to such provision. This Agreement is governed by the laws of the State of California without reference to its choice of law principles.

10. INDEPENDENT REVIEW. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.


PILOTCART® LICENSE AND HOSTING AGREEMENT

IMPORTANT - BY UTILIZING PILOTCART SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THE FOLLOWING CAREFULLY BEFORE PROCEEDING. This Agreement is a legal agreement between you and Project A, Inc, the licensor of PilotCart software and associated on-line documentation that you access using this internet website (together referred in this Agreement as "PilotCart").

I. PilotCart License

1. License Grant. Subject to the terms of this Agreement, Project A, Inc grants you a non-exclusive, non-transferable license to access PilotCart remotely via browser on the server used by Project A, Inc to operate this website (the "Server") solely for purposes of creating and maintaining on the Server any interactive website developed using this website and with respect to which all required fees payable under this Agreement have been paid by you (each, a "Website").

2. Restrictions. You may not download or otherwise copy all or any portion of PilotCart. You may not sell, rent, license, lend, transfer or otherwise grant access to PilotCart to any other person or entity except as contemplated by the license granted to you above. You must comply with all applicable laws and regulations in your use of PilotCart. You may not modify, translate, reverse engineer, decompile disassemble or otherwise attempt to obtain or derive source code from all or any portion of PilotCart.

3. Proprietary Rights. Project A, Inc and its suppliers reserve all rights to PilotCart not expressly granted in this Agreement. Project A, Inc and its suppliers own PilotCart and all associated patent, copyright, trade secrets and other proprietary rights in PilotCart. No title or ownership of PilotCart or any associated proprietary rights are transferred to you or any other person by this Agreement.

4. Limited Warranty. Project A, Inc warrants that, for thirty (30) days from the date you first registered to use PilotCart, PilotCart will perform substantially according to the documentation included with PilotCart. Project A, Inc's and its suppliers' entire liability and your exclusive remedy for failure of PilotCart to comply with the foregoing warranty will be repair or replacement of PilotCart or, at Project A, Inc's option, return of any portion of the license fee paid to Project A, Inc by you for PilotCart. To receive this remedy, you must cease use of PilotCart and give Project A, Inc a written notice and description of the noncompliance within the warrantied period. This warranty applies only to you and is void if the failure of PilotCart has resulted from accident, abuse or misuse.

5. Third Party Suppliers. You expressly acknowledge that PilotCart contains, uses and accesses applications, programs and data licensed or provided to Project A, Inc by third party suppliers, and that such suppliers have disclaimed all warranties, express, implied or statutory, with respect to such applications, programs and data.

II. Website Hosting

1. Hosting Services. Project A, Inc grants you the right to develop and operate the Website on the Server, subject to and in accordance with the terms of this Agreement and such hosting policies, guidelines and specifications as Project A, Inc may, by notice to you, establish from time to time (the "WEB HOSTING TERMS AND CONDITIONS"). The WEB HOSTING TERMS AND CONDITIONS, if any, are incorporated in this Agreement or at www.projecta.com/legal.asp their entirety.

2. Prohibited Uses. You shall not use, nor permit any third party to use, the Website or the website or any part thereof: (i) to violate any federal, state or local law, (ii) to transmit or post any obscene, indecent, or pornographic communication or material, (iii) to promote any illegal activities, (iv) to violate any intellectual property rights, (v) attempt to overcome or penetrate any security measures on the Server, or (vi) to upload or transmit any virus or harmful agent. You acknowledge that you may be subject to civil or criminal liability under the laws of various governmental jurisdictions as a result of any failure to abide by the provisions of this paragraph.

3. Control. You will be solely responsible for the development, operation and maintenance of the Website and all content and materials appearing in the Website, including without limitation (i) the technical operation of the Website, (ii) the accuracy and appropriateness of content and materials appearing in the Website, (iii) ensuring that the content and materials appearing in the Website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights), and (iv) ensuring that the content and materials appearing in the Website are not libelous or otherwise illegal. You also will be solely responsible for accepting, processing and filling any customer orders generated through the Website, and for handling any customer inquiries and complaints arising therefrom. You shall inspect and monitor the Website as frequently and extensively as necessary to ensure its proper operation and compliance with the provisions of this Agreement, and to uncover any problems with the Website. To the fullest extent permitted by law, the Website will be deemed to be exclusively "under the control" of you and not "under the control" of Project A, Inc.

III. Payment

1. Amount. You will pay all applicable license, hosting and other fees relative to your use of PilotCart and the website in the amounts, in the manner and at the times specified on the website's fee schedule screen, as the same may be amended by Project A, Inc from time to time. The fee schedule is hereby incorporated in this Agreement in its entirety.

2. Taxes. The fees and other amounts payable under this Agreement do not include any sales, use, value-added or other taxes. All such taxes will be paid or reimbursed by you.

IV. General Terms

1. Termination. This Agreement may be terminated by any party to this Agreement at any time, with or without cause. Upon the effective date of any such termination, all rights granted to you will terminate, but Sections 1(b), 1(c), 2(d), 3 and 4 and all other provisions of this Agreement which may reasonably be construed as surviving such termination will survive the termination of this Agreement.

2. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROJECT A, INC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO PILOTCART, SITE, SERVER OR YOUR USE OF OR INABILITY TO USE PILOTCART, SITE OR SERVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTY THAT PILOTCART, SITE OR SERVER IS FREE FROM VIRUSES, BUGS, ERRORS OR OMISSIONS; AND (III) ANY WARRANTY OF NON-INFRINGEMENT.

3. LIMITATION OF LIABILITY. IN NO EVENT WILL PROJECT A, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF PILOTCART, SITE OR SERVER, EVEN IF PROJECT A, INC. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF PROJECT A, INC. OR ITS SUPPLIERS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF PILOTCART, SITE OR SERVER EXCEED THE RESPECTIVE AMOUNTS PAID TO THEM BY YOU HEREUNDER.

4. Indemnity. You will indemnify and hold harmless Project A, Inc and its suppliers from any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (i) any content or materials appearing in, or products or services sold or offered by you through the website, or (ii) the development, use, operation or other activities with respect to the website (including, without limitation, any breach of the provisions of Section 2(b)). To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Project A, Inc or its suppliers.

5. Attorney Fees. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.

6. Excused Performance. Project A, Inc will not be liable for, or be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as a result of any cause or condition beyond its reasonable control, including the failure or interruption of any internet service.

7. Independent Contractors. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party.

8. U.S. Government Restricted Rights. If PilotCart is accessed or used by any agency or other part of the U.S. Government, the U.S. Government acknowledges that (i) PilotCart and accompanying materials constitute "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable, and (ii) the U.S. Government's rights relating to PilotCart and accompanying materials are limited to those specifically granted in this Agreement.

9. Miscellaneous. This Agreement constitutes the entire agreement between you and Project A, Inc regarding PilotCart, the hosting of the Website and your use of the website. Project A, Inc will not be bound by any provision in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise (other than terms contained therein identifying the products and quantities ordered), unless Project A, Inc specifically agrees in writing to such provision. This Agreement is governed by the laws of the State of California without reference to its choice of law principles.

10. INDEPENDENT REVIEW. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

 


SOLOFLIGHT® LICENSE AND HOSTING AGREEMENT

IMPORTANT - BY UTILIZING SOLOFLIGHT SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THE FOLLOWING CAREFULLY BEFORE PROCEEDING. This Agreement is a legal agreement between you and Project A, Inc, the licensor of SoloFlight software and associated on-line documentation that you access using this internet website (together referred in this Agreement as "SoloFlight").

I. SoloFlight License

1. License Grant. Subject to the terms of this Agreement, Project A, Inc grants you a non-exclusive, non-transferable license to access SoloFlight remotely via browser on the server used by Project A, Inc to operate this website (the "Server") solely for purposes of creating and maintaining on the Server any interactive website developed using this website and with respect to which all required fees payable under this Agreement have been paid by you (each, a "Website").

2. Restrictions. You may not download or otherwise copy all or any portion of SoloFlight. You may not sell, rent, license, lend, transfer or otherwise grant access to SoloFlight to any other person or entity except as contemplated by the license granted to you above. You must comply with all applicable laws and regulations in your use of SoloFlight. You may not modify, translate, reverse engineer, decompile disassemble or otherwise attempt to obtain or derive source code from all or any portion of SoloFlight.

3. Proprietary Rights. Project A, Inc and its suppliers reserve all rights to SoloFlight not expressly granted in this Agreement. Project A, Inc and its suppliers own SoloFlight and all associated patent, copyright, trade secrets and other proprietary rights in SoloFlight. No title or ownership of SoloFlight or any associated proprietary rights are transferred to you or any other person by this Agreement.

4. Limited Warranty. Project A, Inc warrants that, for thirty (30) days from the date you first registered to use SoloFlight, SoloFlight will perform substantially according to the documentation included with SoloFlight. Project A, Inc's and its suppliers' entire liability and your exclusive remedy for failure of SoloFlight to comply with the foregoing warranty will be repair or replacement of SoloFlight or, at Project A, Inc's option, return of any portion of the license fee paid to Project A, Inc by you for SoloFlight. To receive this remedy, you must cease use of SoloFlight and give Project A, Inc a written notice and description of the noncompliance within the warrantied period. This warranty applies only to you and is void if the failure of SoloFlight has resulted from accident, abuse or misuse.

5. Third Party Suppliers. You expressly acknowledge that SoloFlight contains, uses and accesses applications, programs and data licensed or provided to Project A, Inc by third party suppliers, and that such suppliers have disclaimed all warranties, express, implied or statutory, with respect to such applications, programs and data.

II. Website Hosting

1. Hosting Services. Project A, Inc grants you the right to develop and operate the Website on the Server, subject to and in accordance with the terms of this Agreement and such hosting policies, guidelines and specifications as Project A, Inc may, by notice to you, establish from time to time (the "WEB HOSTING TERMS AND CONDITIONS"). The WEB HOSTING TERMS AND CONDITIONS, if any, are incorporated in this Agreement or at www.projecta.com/legal.asp their entirety.

2. Prohibited Uses. You shall not use, nor permit any third party to use, the Website or the website or any part thereof: (i) to violate any federal, state or local law, (ii) to transmit or post any obscene, indecent, or pornographic communication or material, (iii) to promote any illegal activities, (iv) to violate any intellectual property rights, (v) attempt to overcome or penetrate any security measures on the Server, or (vi) to upload or transmit any virus or harmful agent. You acknowledge that you may be subject to civil or criminal liability under the laws of various governmental jurisdictions as a result of any failure to abide by the provisions of this paragraph.

3. Control. You will be solely responsible for the development, operation and maintenance of the Website and all content and materials appearing in the Website, including without limitation (i) the technical operation of the Website, (ii) the accuracy and appropriateness of content and materials appearing in the Website, (iii) ensuring that the content and materials appearing in the Website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights), and (iv) ensuring that the content and materials appearing in the Website are not libelous or otherwise illegal. You also will be solely responsible for accepting, processing and filling any customer orders generated through the Website, and for handling any customer inquiries and complaints arising therefrom. You shall inspect and monitor the Website as frequently and extensively as necessary to ensure its proper operation and compliance with the provisions of this Agreement, and to uncover any problems with the Website. To the fullest extent permitted by law, the Website will be deemed to be exclusively "under the control" of you and not "under the control" of Project A, Inc.

III. Payment

1. Amount. You will pay all applicable license, hosting and other fees relative to your use of SoloFlight and the website in the amounts, in the manner and at the times specified on the website's fee schedule screen, as the same may be amended by Project A, Inc from time to time. The fee schedule is hereby incorporated in this Agreement in its entirety.

2. Taxes. The fees and other amounts payable under this Agreement do not include any sales, use, value-added or other taxes. All such taxes will be paid or reimbursed by you.

IV. General Terms

1. Termination. This Agreement may be terminated by any party to this Agreement at any time, with or without cause. Upon the effective date of any such termination, all rights granted to you will terminate, but Sections 1(b), 1(c), 2(d), 3 and 4 and all other provisions of this Agreement which may reasonably be construed as surviving such termination will survive the termination of this Agreement.

2. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROJECT A, INC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO SOLOFLIGHT, SITE, SERVER OR YOUR USE OF OR INABILITY TO USE SOLOFLIGHT, SITE OR SERVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTY THAT SOLOFLIGHT, SITE OR SERVER IS FREE FROM VIRUSES, BUGS, ERRORS OR OMISSIONS; AND (III) ANY WARRANTY OF NON-INFRINGEMENT.

3. LIMITATION OF LIABILITY. IN NO EVENT WILL PROJECT A, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF SOLOFLIGHT, SITE OR SERVER, EVEN IF PROJECT A, INC. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF PROJECT A, INC. OR ITS SUPPLIERS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF SOLOFLIGHT, SITE OR SERVER EXCEED THE RESPECTIVE AMOUNTS PAID TO THEM BY YOU HEREUNDER.

4. Indemnity. You will indemnify and hold harmless Project A, Inc and its suppliers from any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (i) any content or materials appearing in, or products or services sold or offered by you through the website, or (ii) the development, use, operation or other activities with respect to the website (including, without limitation, any breach of the provisions of Section 2(b)). To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Project A, Inc or its suppliers.

5. Attorney Fees. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.

6. Excused Performance. Project A, Inc will not be liable for, or be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as a result of any cause or condition beyond its reasonable control, including the failure or interruption of any internet service.

7. Independent Contractors. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party.

8. U.S. Government Restricted Rights. If SoloFlight is accessed or used by any agency or other part of the U.S. Government, the U.S. Government acknowledges that (i) SoloFlight and accompanying materials constitute "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable, and (ii) the U.S. Government's rights relating to SoloFlight and accompanying materials are limited to those specifically granted in this Agreement.

9. Miscellaneous. This Agreement constitutes the entire agreement between you and Project A, Inc regarding SoloFlight, the hosting of the Website and your use of the website. Project A, Inc will not be bound by any provision in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise (other than terms contained therein identifying the products and quantities ordered), unless Project A, Inc specifically agrees in writing to such provision. This Agreement is governed by the laws of the State of California without reference to its choice of law principles.

10. INDEPENDENT REVIEW. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

 

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