Last version: May 26th, 2008
PConRails LLC, editor of Zonbu, provides services (the "Service") and the
web properties, including but not limited to
http://*.zonbu.com (collectively, the "Site"), to our customers ("you" or
"Customer") subject to the following Agreement. By accessing, browsing and/or
using the Site or the Service, you acknowledge that you have read, understood
and agree to be bound by this Agreement (the "Agreement") and the Privacy
Statement published at http://www.zonbu.com/legal/privacy.htm,
which is incorporated herein by this reference.
In order to register for and use the Service, you
must agree to the terms and conditions set forth in this Agreement by clicking
on the "YES" button where indicated to record your agreement to be bound. This
is a legally binding contract formed between you and Zonbu, and you should
read it in its entirety. If you do not agree to each and every term and
condition set forth in this Agreement, do not use the Site or the Service.
Unless expressly stated otherwise, this Agreement shall apply to any use of the
Site, the Service, and any service, application, plug-in, component,
functionality or program created or made available by us or through the Service.
By visiting the Site and/or by completing the registration process for the
Service, you represent and warrant that you have read, understand, have the
legal capacity to, and hereby agree to be legally bound by this Agreement. The
Service is available ONLY TO USERS 18 YEARS OF AGE OR OLDER UNLESS SUCH USE IS
WITH EXPRESS PARENTAL CONSENT. REGISTRANTS BETWEEN THE AGES OF 13 AND 17 MUST
HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
We reserve the right to change the terms of this Agreement from time to time;
provided that no such change will affect the pricing and rate plans described in
the version of the Agreement in effect when you register for the Service. We
will post the most current version of this Agreement on our website. We will
inform you about changes to the terms and conditions, policies and other rights
and obligations by mail, email or any other means. It is your responsability to
provide us with a valid email address or to check our website regularly to
inform yourself about such changes.
A. DESCRIPTION OF THE SERVICE
The Service offers a fully managed Personal Computing experience through
the Zonbu device (the "Device") which provides consumer applications. An
encrypted online storage mechanism with automatic backup is offered as
the storage medium of the Device.
In order to use the Device as intended, you may
need to acquire certain accessories, such as a keyboard, a screen, and a mouse.
None of such accessories are provided with the Device unless separately
purchased from us. A checklist of approved accessories and a price list can be
found at http://www.zonbu.com/device/accessories.htm.
You are responsible for obtaining your own Internet access, such as
maintaining all communication hardware (other than the Device), and
other equipment needed for access to and use of the Service, and all
charges related thereto. We require broadband access such as DSL or cable
which guarantees a minimum download bandwidth of 3 Mbps and a minimum
upload bandwidth of 400kpbs.
We reserve the right at any time to change, modify, add to or discontinue any aspect or feature
of the Service, including without limitation the applications, hours of
availability, equipment needed for access or use (other than the Device),
maximum storage space (subject to the terms of the Plan you select) that will be
allotted on your behalf (either cumulatively or for any particular
aspect of the Service or the availability of the Service on any particular device or
communications service. We have no obligation to provide you with notice of any
We have contracted with a third party to provide
some servers required to operate the Service. Your data will be stored on servers
owned and operated by this third party provider.
To obtain and use the Service, you will be required to register with us by
completing the registration form and designating a Customer ID and password.
When registering with us, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or we have grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we may suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
You may not authorize any third party (other than
those described in Section F) to access or use the Service on your behalf. You
are responsible for maintaining the confidentiality of the Customer ID and
password, and are fully responsible for all activities that occur under your
Customer ID or password. You agree to immediately notify us of any unauthorized
use of your Customer ID or password or any other breach of security. We cannot
and will not be liable for any loss or damage arising from any unauthorized use
of your account.
C. PAYMENT, PRICING AND FEES
During the registration process, you will provide us with information regarding
a valid credit card account. We will charge this credit card account with all
amounts payable to us with respect to the Service or otherwise as set forth in
this Agreement. By registering for the Service and providing the required credit
card information, you authorize us to charge all such amounts against your
credit card. The use of your credit card for payments as described in this
Agreement is subject to the terms and conditions established for such use by
our third-party payment service provider, as set forth in their Agreement. You
will, at all times during the term of this Agreement, maintain the credit card
account in good standing, with available credit sufficient to make all payments
required under this Agreement. You will notify us in writing at least 10
business days in advance of the termination, suspension or insufficiency of the
referenced credit card account and will provide required information regarding a
suitable and valid alternate credit card account against which we can charge all
payments required under this Agreement. Failure to do so could result in the
termination of your use of the Service.
Upon your registration as a Customer of the Service, your credit card will be charged with the monthly usage fee. The standard Plan provides the Service for $14.95 a month including support, software updates and a storage space of 50 gigabytes, which
will be charged in advance to your credit card on the first day of the
We reserve the right to change the amount of the monthly fee at any time.
After the expiration of any period you have paid for, we will
automatically renew your usage fee on a month-to-month basis. If the price differs, you will be notified 10 days before.
Unless you terminate your use of the
Service as set forth below, you agree to pay the then-applicable usage
fee, which we will charge in advance to your credit card on the first day of the
applicable period. The person registering for the Service will be
responsible for all amounts payable to us pursuant to this Agreement with
respect to any access of the Service using such person's Customer ID and
You will be responsible for and pay any tax imposed upon your payment for the
Device or the Service.
D. TERMINATION AND EARLY TERMINATION
You may terminate your use of the Service and this contract by notice to us by email to email@example.com. Upon your termination prior to the expiration of the Initial Term, we will charge your credit card for the current month. Such termination will be effective on the date on which we receive such notice or at the end of the Initial Term (i.e. the current month), at your option.
We do not provide any money-back guarantee policy for the Device after 30 days. In no event will any payment to us required by this Agreement for the Device be refundable, even if your use of the Service is terminated by you or by us prior to the expiration of the applicable period. Monthly fees paid in advance for use of the Service are nonrefundable, even if your use of the Service is terminated by you or by us prior to the expiration of the applicable month.
E. TERMINATION OF SERVICE
Without prejudice to any other rights and remedies we might have, we may
terminate or suspend your access to and right to use the Service at any time, in
our sole discretion, if we reasonably believe that you have breached any of the
provisions of this Agreement, including without limitation the acceptable use
policy set forth below, for nonpayment of any amount required to be paid
pursuant to this Agreement, or otherwise as specifically set forth in this
Agreement. Such termination will be effective on the date on which we terminate
your use of the Service. We will use commercially reasonable efforts to notify
you within 10 business days of any such termination. In the event of such termination prior to the expiration of a Service Contract period, we will charge your credit card with an early termination fee as described in section D.
Upon termination, your right to use the Service stops immediately, and you
agree to cease all use of and attempts to access the Service upon and after
receiving the notice of termination, except as set forth in the following
ONCE YOUR USE OF THE SERVICE IS TERMINATED, EITHER BY YOU OR BY US, THE DATA YOU
HAVE STORED ON THE SYSTEM MAY BE ACCESSED BY YOU ONLY IN READ-ONLY MODE AND
RETRIEVED FOR A PERIOD OF 90 DAYS. After the expiration of such 90-day period,
your access to the Service and the data stored on the Service will terminate,
and we will delete all such data.
F. TERMS OF USAGE OF THE SERVICE
Your use of the Service will be limited to (a) members of your household and (b)
up to three persons with whom you are involved in a business enterprise, and is
limited in any event to a maximum of 10 persons. If you want to allow more than
three persons to use the Service in connection with a business enterprise, please
contact us at
this Agreement, the term "you" will include all such persons; however, the
individual who completes the registration form and supplies the credit card
account information will be ultimately and directly liable for any and all
payments to us required by this Agreement, and the consequences of all use of
the Service by any such person who uses the registering person's Customer ID and
password, regardless of the knowledge or lack of same by the registering person
of such payments and use.
The use of the Service is only for you
(as defined above) and is not for resale. You will be permitted to store a given amount of data with the Service depending on the
plan you would have chosen, for instance 50GB.
G. LICENSE AND RESTRICTIONS ON USE
We and our vendors grant you a limited, non-exclusive, non-transferable limited
license to use the software provided by us in connection with the Service,
together with each revised or updated version thereof and any documentation
provided therewith (the "Software") in object code form only for the sole and
exclusive purpose of connecting to and using the Service in accordance with this
Agreement. You may not sublicense, or charge others to use the Software or the
The Software may contain open source software, and your
use of the Software may be subject to the terms and conditions of the General
Public License, which may be found on the GNU website (http://www.gnu.org/licences/).
For Software not covered by a GPL, you may not sell, assign, grant a security interest in or otherwise transfer any
right in the Software or incorporate it (or any portion of it) into another
product. You may not copy the Software. No license is granted to you by this
Agreement in the human readable code, known as the source code, of the Software.
You may not translate, reverse-engineer or reverse-compile or decompile,
disassemble, make derivative works from, or otherwise attempt to discover any
source code in the Software. You may not modify the Software or use it in any
way not expressly authorized by this Agreement. You may not obtain the
communications protocol for accessing the Service or the Software. Finally, you
may not authorize or assist any third party to do any of the things described in
You may access the Service only through the interfaces and protocols provided or
authorized by us. You agree that you will not access the Service through
unauthorized means, such as unlicensed software clients.
license will terminate upon termination of your right to use the Service, either
by you or by us. At that time, you must stoop using the Software, except for the
limited purpose of retrieving your data as described in Section E.
This license grant shall not be deemed to apply to any software that is licensed
to you by third parties and that is made available through the Service. Such
other software is subject to the terms and conditions of the license agreement,
if any, between you and the developer or licensor of such other software.
H. INTELLECTUAL PROPERTY RIGHTS AND NOTICES
You acknowledge that you must respect the intellectual property rights of Zonbu, our third-party content and application providers, and any other owner of
intellectual property whose protected property may be accessed through the
All contents of the Site and Service, including but not
limited to design, text, software, technical drawings, configurations, graphics,
other files, and their selection and arrangement ("Content") are copyrights of Zonbu and/or the proprietary property of
our suppliers, affiliates, or
licensors. Content may not be reproduced, modified, displayed, performed,
published, distributed, disseminated, broadcast or circulated to any third party
(including, without limitation, the display and distribution of the material via
a third-party website or other networked computer environment), and no
derivative work may be created from any Content, without the express prior
written consent of Zonbu and/or our suppliers, affiliates, or licensors.
No license to any intellectual property is granted to you by this Agreement,
except as specifically stated herein. All rights are reserved.
Zonbu, zonbu.com and the Zonbu logo are, without limitation,
either trademarks, service marks or registered trademarks of PConRails, LLC. Other
product and company names present on the Site or the Service may be trademarks,
service marks or registered trademarks of our suppliers or licensors. None of
the foregoing may be copied, imitated, or used, in whole or in part, without our
prior written permission or that of our suppliers or licensors.
We might have patents, patent applications, trademarks, copyrights, or other
intellectual property rights covering the material in the Site or the Service.
Unless we have granted you licenses to our intellectual property in this
Agreement, our providing you with such material does not give you any license to
our intellectual property. Any rights not expressly granted in this Agreement
You acknowledge the Software and the Content are
proprietary and confidential to us or our suppliers, affiliates or licensors.
This Agreement does not convey any rights of ownership to you; title to and
ownership of all rights in trademarks, service marks, registered trademarks,
patents, copyrights, trade secrets and other intellectual property in the
Software and the Content shall remain with us or other third-party owners.
As between you and Zonbu, all rights to the Software and the Content
remain the property of Zonbu at all times.
I. CUSTOMER CONDUCT/ACCEPTABLE USE POLICY
You may not use the Service in any way that violates applicable federal, state,
local or international law, or for any unlawful purpose.
not use the Service to send, receive, or download messages or materials that are
inappropriate or violate the intellectual property rights of Zonbu or
To the extent that the Service provides Customers an
opportunity to post, store and exchange information, materials, data, files,
programs, ideas and opinions ("Customer Content"), you hereby represent and
warrant that you have all necessary rights in and to all Customer Content you
provide and all information contained therein. We have the right, but not the
obligation, to edit or remove any content or other material that comes to our
attention and that we, in our sole discretion, find to be in violation of the
provisions of this Agreement, or for any other reason. You acknowledge and agree
that we shall not assume or have any liability for any action or inaction by us
with respect to any Customer Content. You shall remain solely responsible for
your Customer Content.
You understand that all information,
data, text, software, music, sound, photographs, graphics, video, messages or
other materials are the sole responsibility of the person from whom such content
We reserve the right to terminate your access to and use of the Service if, in
our view, your conduct fails to meet any of the guidelines for Customer conduct
in the non-exhaustive list that follows:
You may not use the Service for any purpose that is not lawful.
2. You may not use the Service to commit fraud, including
without limitation by offering fraudulent goods, services, schemes or
3. You may not use the Service in any manner that infringes
the intellectual property rights or proprietary rights of any third person.
4. You may not use the Service to download any material that
you know, or reasonably should know, cannot be legally distributed in such
5. You may not use the Service for defaming, abusing,
harassing, stalking, threatening or otherwise violating the legal rights (such
as rights of privacy and publicity) of others.
6. You may not use the Service to store, send or otherwise
make available any material that contains undesirable images of or links or
references to profanity, pornography, violence, or content that is obscene,
lewd, prejudicial, lascivious, filthy, excessively violent, harassing, libelous,
abusive, hateful, or otherwise objectionable, or that encourages unlawful acts
or may be interpreted as violating the civil rights of others.
7. You may not use the Service to send, either directly or
indirectly, any unsolicited bulk email or communications or unsolicited
commercial email or communications, including without limitation advertisements
or informational announcements.
8. You may not use the Service to send, either directly or
indirectly, numerous copies of the same or substantially similar messages, empty
messages, messages which contain no substantive content, or very large messages
or files that disrupt a server, account or the Service.
9. You may not use the Service to participate in pyramid
schemes or chain letters.
10. You may not attempt to charge others to use the Service,
either directly or indirectly.
11. You may not attempt to harm, disrupt, interfere with or
otherwise engage in activity that diminishes or degrades the Site, any computer
system or network, or the Service or our Customers' access to the same.
12. You may not engage in or permit any activity that results
in the over-utilization of the System or power circuits, whether intentional or
13. You may not gain unauthorized access, or attempt to gain
unauthorized access, to our networking, security, management, backup, storage or
monitoring systems, or to any account, computers, systems or networks related to
the Service, without our written authorization.
14. You may not attempt to obtain any data through any means
from the Service, except if we intend to provide or make it available to you,
including without limitation security-relevant information, such as password
files, that may, among other things, be used to gain unauthorized access to
Customer or system accounts.
15. You may not attempt to configure your systems to bypass
security controls or otherwise avoiding any limitations established by us,
including without limitation the installation or use of programs that allow the
systems to be managed or accessed insecurely or through unauthorized means, or
otherwise attempt to compromise the security of the Service, including without
limitation by hacking, monitoring or intercepting data or traffic on the System,
using any computer program designed to conceal the source or routing information
of email messages in a manner that falsifies an internet domain, header
information, date or time stamp, originating email address or other identifier.
You may not install or use software for the purpose of cracking encrypted data,
including without limitation stored passwords.
16. You may not access or attempt to access the account or
data of any other Customer.
17. You may not intentionally omit, forge, delete or
misrepresent transmission information, including but not limited to headers,
return address information, IP addresses, etc., in order to cloak or hide the
identity or source of information transmitted by the System.
18. You may not conduct online security audits or tests
against or through the Site or the Service without coordination with and the
explicit, written consent of our authorized officer.
19. You may not participate in collecting email addresses,
screen names, Customer IDs, passwords or other identifiers of others (a practice
sometimes known as spidering or harvesting), or participate in using software
(including spyware) designed to facilitate such activity.
20. You may not use the Service to store, send or otherwise
make available any material that contains viruses, Trojan horses, worms,
corrupted files, or any other similar software that may damage the operation of
another's computer or property.
21. You may not use the Service to violate any code of
conduct or other guidelines which may be applicable to the Service or the Site.
22. You may not assist or encourage any persons to engage in
any of the activities listed above.
All judgments concerning the
applicability of these guidelines shall be at our sole and exclusive discretion.
Should your access to and use of the Service be terminated, you have the right
to appeal such termination by writing to firstname.lastname@example.org.
All Customers of the Service must adhere to the terms of this Agreement. We have the
right, but not the obligation, to strictly enforce this Agreement through
self-help, active investigation, litigation and prosecution.
If, in our sole discretion, we believe that the Site is being used in an unlawful or
improper manner (whether civil or criminal) or for unlawful or improper
activities, we will fully cooperate with civil and/or criminal enforcement
authorities conducting investigations of such use or activities. We will also
support the investigation of any activities in violation of this Agreement and
any other activities that we believe, in our sole discretion, impact the
operation or security of Zonbu, the Site, the Service or our Customers and
ZONBU MAKES NO WARRANTIES
We intend for the information contained on the Site and the Service to be
accurate and reliable; however, errors (including deletion of data) sometimes
may occur. In addition, we may make changes and improvements to the
information provided herein at any time.
ITS SITE AND SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR
AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, SUPPLIERS, AFFILIATES
AND/OR LICENSORS (EACH, A "ZONBU PARTY," AND COLLECTIVELY, THE "Zonbu PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED. THE Zonbu PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS,
EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS OR
NON-INFRINGEMENT, OR THAT THE SERVICE WILL OPERATE ON AN UNINTERRUPTED OR
ERROR-FREE BASIS, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING
OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE
WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND
BEYOND THE FACE OF THIS CONTRACT.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
L. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY ZONBU PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
OR PUNITIVE DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, PROGRAMS OR OTHER DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT, YOUR USE OF
THE SERVICE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, EVEN IF SUCH ZONBU PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION
OF DAMAGES UNDER THIS SECTION L IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND
SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE
DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO
WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY,
(3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION
AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE
SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER
DISPUTE OR CLAIM WITH OR AGAINST ANY ZONBU PARTY WITH RESPECT TO THIS
CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SERVICE.
IF, NOTWITHSTANDING THE WAIVERS AND
LIMITATIONS OF LIABILITY SET FORTH ABOVE, INCLUDING WITHOUT LIMITATION YOUR
EXCLUSIVE REMEDY, WHICH LIMITATIONS YOU HEREBY ACKNOWLEDGE TO BE REASONABLE,
ZONBU IS FOUND LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, THE ENTIRE
LIABILITY OF ZONBU TO YOU SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE
USE OF THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH
YOU MAKE A CLAIM FOR DAMAGES.
M. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR
ANY OR NO REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS K AND L. THE
ZONBU PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING
WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING,
OFFENSIVE, DEFAMATORY, OR ILLEGAL CONTENT, OR (2) ANY THIRD-PARTY
CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF
SECTIONS K AND L, WE ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY VIRUSES OR OTHER
DISABLING FEATURES THAT AFFECT YOUR COMPUTER SYSTEM OR YOUR ACCESS TO OR USE OF
THE SOFTWARE AND SERVICE, (B) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND
SERVICE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (C) ANY DELAYS OR
FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY
TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICE IN AN
ACCURATE OR TIMELY MANNER, OR (D) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT
OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE OR SERVICES AVAILABLE
FROM THIRD PARTIES THROUGH LINKS.
You agree to indemnify, defend and hold harmless Zonbu, its affiliates,
and their respective officers, directors, employees, agents, licensors,
representatives, and third-party providers, from and against all losses,
expenses, damages and costs, including attorneys' fees, resulting from your use
of the Service, including without limitation (a) any violation of this Agreement
by you (which term as used in this Agreement and in this Section N specifically
includes others accessing the Site or the Service using your Customer ID or
password), (b) any violation of rights of a third party by you, (c) any
violation of applicable law, or (d) information or content that you create,
transmit or store using the Service. We reserve the right to assume the
exclusive defense and control of any matter subject to indemnification by you,
in which event you will fully cooperate with us in asserting any available
O. SERVICE AVAILABILITY
We do not guarantee the availability of the Service or the maintenance of your
data. The Service and data maintenance may be subject to certain equipment and
compatibility limitations, including without limitation memory, storage, network
availability and data conversion limitations. In addition, the availability of
the Service and data could be affected by emergencies, colocation failures,
transmission and equipment limitations maintenance and repair requirements, or
the failure of third-party systems (including our server provider), and could be
interrupted, refused, limited or curtailed. We are not responsible for data or
information that you might lose or to which you do not have access because of
such interruptions or performance issues with the Service or communications
networks generally. You agree that we will have no liability to you for any
restriction or termination of your access to the Service or for any loss of
ZONBU DOES NOT GUARANTEE THE SECURITY OF YOUR USE OF THE SERVICE OR OF
YOUR DATA. Please see the Privacy Statement for a discussion of the security of
The Privacy Statement explains how we collect and use personal information. You
consent to our use of your personal information under the terms of the Privacy
You acknowledge and agree that we may disclose your
personal information if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to comply with
legal process, to enforce this Agreement, or, in our sole discretion, to protect
the rights, property, or personal safety of Zonbu, its employees, users
and third parties, and the public.
R. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with us, you understand that we may send you communications or
data regarding the Service, including but not limited to (a) notices about your
use of the Service, including any notices concerning violations of use, (b)
updates, and (c) promotional information and materials regarding our products
and services, via electronic mail. We give you the opportunity to opt-out of
receiving electronic mail from us by following the opt-out instructions provided
in the Privacy Statement.
We occasionally will provide automatic
upgrades to improve your experience with the Service, although these upgrades
may not be consistent across all platforms and devices. You agree to accept and
to take no action to interfere with such automatic upgrades and related support
Without limitation, we reserve the right to meter
bandwidth or disk usage.
S. YOUR RIGHTS TO CUSTOMER CONTENT
We claim no ownership or control over any Customer Content. You or a third-party
licensor, as appropriate, retain all intellectual property rights to the
Customer Content, and you are responsible for protecting those rights.
You agree that we have no responsibility or liability for the deletion or
failure to store any Customer Content and other communications maintained on or
transmitted by means of the Service.
T. THIRD-PARTY CONTENT, SITES AND SERVICES
The Service contains features and functionalities that may link you or provide
you with certain functionality and access to third-party content, including
websites, directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a
whole. We are not a publisher of third-party information or content and are not
responsible for any opinions, advice, statements or other information, services
or goods provided by third parties. You irrevocably waive any claim against us
with respect to such sites and third-party content. You should make whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties. You are solely
responsible for your dealings with any third party related to the Service,
including the delivery of and payment for goods and services. Any information
you involuntarily or voluntarily provide to third parties is governed by the
policies of such third parties, and we disclaim any responsibility therefore.
U. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect copyright law and expect you to do the same.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Agent for Notice of claims of copyright or
other intellectual property infringement ("Agent") the written information
specified below: (1) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (2) a
description of the copyrighted work that you claim has been infringed upon; (3)
a description of where the material that you claim is infringing is located on
the website; (4) your address, telephone number, and email address; (5) a
statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (6) a statement by
you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Our Agent can be reached at
V. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of
the State of California, excluding its conflicts-of-law principles. Please note
that your use of the Service may be subject to other local, state, national, and
international laws. However, the United Nations Convention on the International
Sale of Goods shall not apply to this Agreement.
You expressly agree that exclusive jurisdiction for any claim or dispute with
any Zonbu Party or relating in any way to your use of the Service resides
in the courts located in Santa Clara County, California, and you further agree
and expressly consent to the exercise of personal jurisdiction in the courts
located in Santa Clara County, California in connection with any such dispute
including any claim involving any Zonbu Party.
W. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time; provided that we will not change
the economic terms set forth in this Agreement except as otherwise provided
herein. You can find the most recent version of this Agreement at
http://www.zonbu.com/legal/terms.htm, with the date of last modification. Such modifications become
effective immediately upon the posting thereof. Therefore, we encourage you to
check the date of this Agreement whenever you visit the Site to check if it has
been updated. You must review this agreement on a regular basis to keep yourself
apprised of any changes. If you do not agree to the revised Agreement, your sole
recourse is to immediately stop all use of the Service. Your continued use of
the Service following the posting of modifications will constitute your
acceptance of the revised Agreement. Should you have any questions regarding the
use of our Site or the Service, please contact us at
You agree to comply with all applicable export and re-export control laws and
regulations, including the Export Administration Regulations, the International
Traffic in Arms Regulations, and country-specific economic sanctions programs
implemented by the Office of Foreign Assets Control in connection with your use
of any Service. Specifically, you acknowledge and understand that Content that
you upload, store, manage, or transfer using the Service, may be subject to U.S.
export control laws and regulations. You hereby certify that you will not --
directly or indirectly -- sell, export, re-export, transfer, divert, or
otherwise dispose of any Content to any country (or national thereof) without
obtaining any required prior authorizations from the appropriate government
You may not use any Service (i) to transfer any item to parties who are in U.S.
sanctioned countries or identified on restricted government lists, including the
Denied Persons List, the List of Specially Designated Nationals, or the Entity
List, or (ii) for any military, nuclear, chemical, or biological weaponry use.
Y. EUROPEAN USERS
By using the Service, Customers in the European Union understand and consent to
the processing of personal information in the United States.
Z. GENERAL TERMS
Severability. If any provision of this Agreement is determined to be
invalid or unenforceable pursuant to applicable law, including without
limitation the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid
enforceable provision that most closely matches the intent of the original
provision, and the remainder of the Agreement shall continue in effect. A
printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
Assignment; Successors. We may assign this
contract, in whole or in part, at any time with or without notice to you. You
may not assign this contract, or any part of it, to any other party. Any attempt
by you to do so is void.
Statute of Limitations.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM RELATED TO THIS
CONTRACT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE WHEN THE
CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED.
THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR
SUCCESSORS AND ASSIGNS. Our failure to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect.
provisions of this Agreement addressing disclaimers of representations and
warranties, limitation of liability, indemnity obligations, intellectual
property and governing law shall survive the termination of this Agreement and
your registration with the Service.
Beneficiaries. You agree that there shall be no third-party beneficiaries to
Entire Agreement. This Agreement (as
amended from time to time, and including any policies or guidelines that may be
presented to you from time to time) constitutes the entire agreement between you
and PConRails and governs your use of the Service, superseding any prior
agreements between you and PConRails for the use of the Service. You also may
be subject to additional terms and conditions that may apply when you use or
purchase services, content or software from third parties.