<h1>connectDaily Cloud Hosted Calendar</h1><h3>Hosting Agreement and Acceptable
Use Policy</h3>
These terms govern the cloud hosted portion of connectDaily. This license
permits you (LICENSEE) to use the software (<span class="notranslate">Connect
Daily</span>) and hosting services under the specific terms of this agreement.
Ownership of the software including the programs, documentation, and any other
materials provided with the program, and any components thereof ("LICENSED
SOFTWARE") remains with MH Software, Inc. ("LICENSOR").
<dl class=LicenseTerms>
<dt>Prohibited Activities
<dd>The following items are examples of prohibited activities and not an
exhaustive list. LICENSEES who engage in prohibited activities will have
their host agreement immediately terminated and forfeit any amounts pre-paid
for hosting services.
<ul>
<li>Attempting to use the system to break into, degrade the capability,
check for vulnerability, or otherwise interfere with the operation of the
host computer or any other computer.
<li>Attempting to access the data or information of any other user on the
system.
<li>Sending Unsolicited Commercial EMail, posting advertisements in News
groups, forging Email headers, or any other activity related to Unsolicited
Commercial Email.
<li>Posting unlawful, threatening, abusive, harassing, libelous, defamatory,
obscene, deceptive, fraudulent, invasive of another's privacy, tortuous,
indecent, pornographic, or inaccurate information.
<li>Posting material that harasses, degrades, or intimidates an individual
or group of individuals on the basis of race, religion, gender, gender
identity, sexual orientation, ethnicity, or any other reason.
<li>Using the software or service in support of activities that are
considered illegal in your jurisdiction.
<li>Infringing on the copyright, trademark, or other intellectual property
right of another person or organization.
<li>You may not provide individual calendars to others outside your
organization in exchange for consideration. This applies whether the
consideration is given by the immediate user or a third party.
<li>Any other activity, which in the sole opinion of the Licensor is
equivalent in spirit or fact to items listed above.
</ul>
<dt>Administration and Payment
<dd>In addition to the prohibited activities, this agreement may be
terminated for the following reasons:
<br>
<br>
<ul>
<li>120 or more days elapse without login to the cloud calendar.
<li>You fail to provide and maintain accurate contact information to
Licensor.
<li>An administrative fee of $75.00 may be charged for any of the following
activities:
<ul>
<li>Restoring files or data where the loss was directly caused by the
customer or authorized users.
<li>Re-activating an account that was terminated for non-use.
</ul>
</ul>
<dt>Security
<dd>Licensor employs reasonable technology for information protection,
including off-site backup and appropriate security practices, but makes no
warranty that data is totally secure or can never be revealed or lost.
<dt>Termination
<dd>This Agreement is effective until terminated. You may terminate this
Agreement at any time by notifying MH Software in writing that you wish to
terminate your hosting service. This Agreement will terminate immediately
with written notice to registered contact from Licensor if you fail to
comply with any provision of this Agreement.
<dt>Modifications to Terms
<dd>LICENSOR may alter these terms and conditions at any time. LICENSEE
understands and agrees to be bound by these new terms. LICENSEE's sole
recourse should they choose to discontinue service under the new terms is a
pro-rated refund of any pre-paid hosting fees.
<dt>Limits of Liability
<dd>LICENSOR makes no warranty of any kind, expressed or implied, with
regard to the program or documentation contained in this product. EXCEPT AS
EXPRESSLY SET FORTH HEREIN, LICENSOR DISCLAIMS ANY AND ALL PROMISES,
REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE,
INCLUDING THE CONDITION, THE CONFORMITY TO ANY REPRESENTATION OR
DESCRIPTION, THE EXISTENCE OF ANY ERRORS OR OTHER LATENT OR PATENT DEFECT,
ANY INFRINGEMENT OF ANYONE ELSE'S INTELLECTUAL PROPERTY RIGHTS, ANY
NEGLIGENCE, THE MERCHANTABILITY OF THE LICENSED SOFTWARE, AND FITNESS FOR
ANY PARTICULAR USE. LICENSOR SHALL NOT BE LIABLE IN ANY EVENT FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) IN CONNECTION
WITH OR ARISING OUT OF THE USE OF THIS PROGRAM. UNDER NO CIRCUMSTANCES SHALL
LICENSOR'S LIABILITY EXCEED THE COST PAID FOR THE SOFTWARE, EVEN IF LICENSOR
HAS BEEN ADVISED OF THIS POSSIBILITY.
<br>
<br>
ADDITIONALLY, LICENSOR MAKES NO EXPRESS CLAIMS REGARDING SYSTEM AVAILABILITY
AND IS NOT LIABLE FOR ANY LOSS THAT CUSTOMER SUFFERS BECAUSE THE SYSTEM WAS
NOT AVAILABLE.
<dt>Force Majeure
<dd>Either party shall be excused from any delay or failure in performance
hereunder caused by any occurrence or contingency beyond its reasonable
control, including without limitation acts of God, war, riot, earthquake,
labor disputes, and government requirements.
<dt>Governing Law
<dd>Any action related to this Agreement will be governed by Colorado law
and controlling U.S. federal law. Any action or proceeding brought by either
party against the other arising out of or related to the Agreement shall be
brought only in a State or Federal Court of competent jurisdiction located
in the City and County of Denver, Colorado. The parties hereto agree to in
personam jurisdiction of said courts.
<dt>Severability
<dd>If any provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision omitted, unless omission
would frustrate the intent of the parties, in which case this Agreement will
immediately terminate.
<dt>Integration
<dd>This Agreement is the entire agreement between you and Licensor relating
to its subject matter. It supersedes all prior or contemporaneous oral or
written communications, proposals, representations and warranties and
prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to its
subject matter during the term of this Agreement. No modification of this
Agreement will be binding, unless in writing and signed by an authorized
representative of each party.
</dl>
