SocketXP Terms of Service

Agreement

These Terms of Service (the "Terms") cover your use of the services SocketXP provides, including the SocketXP.com website (the "Site"), the SocketXP API, the SocketXP tunneling service, the SocketXP client software, and any other software or services offered by SocketXP in connection with any of the above services (the "SocketXP Services" or the "Services"). "SocketXP" means the owner and operator of the SocketXP Services which distributes the SocketXP software and services.

You must agree to the Terms in order to use the Services. Your use of the SocketXP Services means your acceptance of and agreement to the Terms. SocketXP will treat your use of any portion of the Services as acceptance of, and agreement to, the Terms from that point on.

SocketXP may make changes to the Terms from time to time. We will provide notice on the dashboard of the SocketXP service if the Terms change in any substantive way. We will provide at least seven (7) days' notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

We may terminate or suspend access to the Services immediately, without prior notice or liability (other than refunding pre-paid fees to the extent we terminate based on no action or omission on your part), for any reason whatsoever, including, but not limited to, if you breach any of the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.

Use of Services

You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. The SocketXP Services are not directed to children under the age of 14.

Registration and Your SocketXP Account

Some SocketXP Services are available only if you register and create an account with SocketXP. If you create an SocketXP account, you must provide full and accurate information for such registration and account; you are responsible for maintaining the security of your account, your passwords and authtokens; and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify SocketXP of any unauthorized uses of your account or any other breaches of security. SocketXP will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The personal information you provide to SocketXP for the purpose of creating and maintaining your account is governed by the SocketXP Privacy Policy.

Responsibility and Conduct

You are solely responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted through your account while using SocketXP. You will not engage in any activity that interferes with or disrupts the Services or networks connected to SocketXP.

Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site and accessible through the Service, including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of SocketXP or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and the SocketXP Site Materials solely in connection with the Services. Such license is subject to this Agreement and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials except in connection with your authorized use of the Site and the Services; (c) modifying or otherwise making any derivative uses of the Site and/or the Site Materials, or any portion thereof; (d) use of any data mining, robots, page scraping or similar data gathering or extraction methods; (e) reverse engineering or attempting to reverse-engineer any functionality provided on the Site or Site Materials or (f) any use of the Site or the Site Materials other than for its intended purpose

Trademarks

SocketXP, and any other product or service name or slogan contained in the Site are trademarks of SocketXP and its suppliers or licensors (unless otherwise indicated), and may not be copied, imitated or used, in whole or in part, without the prior written permission of SocketXP or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SocketXP and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Third Party Content

SocketXP may use data provided by third parties in the content on the Site and in the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. SocketXP does not monitor or have any control over any Third Party Content or third party websites. SocketXP does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. To the extent you are allowed to post Third Party content on the Site, you agree to abide by all terms of service and/or end-user license agreements of said Third Parties, and you further warrant that you have the right to post the Third Party content on the site and you indemnify and will hold SocketXP harmless for any damages resulting from posting said Third Party content on the site.

Acceptable Use.

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that SocketXP will impose fees; and/or pursue civil remedies without providing advance notice.

The SocketXP Services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. The Services may not be used to facilitate infringement of these laws in any way.

Copyright Policy

SocketXP respects the intellectual property rights of others, and requests that users of the SocketXP website and Service do the same. All content, including copyrightable works, trademarks, service marks, and patentable inventions, on the SocketXP website are the property of SocketXP or SocketXP licensors unless explicitly stated otherwise. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser (i.e., ordinary web browsing). Any other uses, including making copies of any content, are strictly prohibited.

If you believe that your work has been copied on the SocketXP Site in a way that constitutes copyright infringement, please provide SocketXP's Copyright Agent with a “Notification of Alleged Infringement.” Details and requirements for a Notification of Alleged Infringement are available at the U.S. Copyright Office Website at http://www.copyright.gov. It is SocketXP's policy to respond to clear Notifications of Alleged Infringement.

The address for SocketXP's registered Copyright Agent is: [email protected]

Fees and Payment

Some Services are provided on a fee basis. You agree to pay SocketXP the fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for such Service. You hereby authorize to charge your credit card on a monthly, annual, or other agreed upon basis, as set forth in the pricing and payment terms presented to you for such Service, in advance of providing the Services. The Services may be interrupted on accounts that reach 5 days past due. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. Accounts that are not collectable by SocketXP may be turned over to an outside collection agency for collection. You may cancel your use of the Services at any time as noted on our dashboard. You will receive a pro rata credit of any pre-paid fees.

Subject to the Terms, certain SocketXP Services are provided to you without charge, up to certain specified limits. Usage over these limits requires your purchase of additional resources or services.

You acknowledge that SocketXP may prospectively change the specified rates and charges from time to time.

SocketXP is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SocketXP. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT SOCKETXP's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

SOCKETXP MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOCKETXP DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOCKETXP SHALL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

TO THE EXTENT THAT OUR LIABILITY MAY NOT BE SO LIMITED, YOU ACKNOWLEDGE THAT SOCKETXP'S LIABILITY UNDER ANY LEGAL THEORY MAY NOT IN ANY EVENT EXCEED AN AMOUNT EQUIVALENT TO THE CHARGES ACTUALLY PAID BY YOU FOR SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IN NO EVENT SHALL SOCKETXP BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES.

THE LIMITATIONS ON SOCKETXP'S LIABILITY TO YOU IN SHALL APPLY WHETHER OR NOT SOCKETXP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

General Representation and Warranty

You represent and warrant that your use of the SocketXP website and Services will be in strict accordance with the socketxp.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).

INDEMNIFICATION

YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY SOCKETXP, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SUPPLIERS OR PARTNERS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR BREACH OF THE TERMS, (B) YOUR USE OF THE SERVICES, (C) YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH THE SERVICES, OR (D) CONTENT MADE AVAILABLE OVER YOUR TUNNELS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ANY CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE. IN SUCH A CASE, SocketXP WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

Notice

You agree that SocketXP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the SocketXP website.

Entire Agreement

The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and SocketXP and govern your use of the SocketXP Services, superseding any prior agreements between you and SocketXP for the use of the SocketXP Services.

Waiver and Severability of Terms

The failure of SocketXP to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SocketXP Services or the Terms must be filed within one (1) year after such claim or cause of action arises or be forever barred.