SHELLSHADOW LLC Terms of Service
From time to time, these Terms may be updated and, if possible, you will be notified of changes. This document was last updated August 25, 2007.
1 - DESCRIPTION OF SERVICE. The Service provided by ShellShadow allows You and another user to remotely access Your server or computer as determined and designated by You.
2 - REGISTRATION. To use the Service, You must submit a complete ShellShadow registration form, which is available at https://www.shellshadow.com/register (the "Registration Form"), on Your behalf. As part of the registration process for the Service, You agree to: provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate). If ShellShadow discovers that any of Your registration data is inaccurate, incomplete, or not current, ShellShadow has the right to terminate Your right to access and receive the Service immediately. ShellShadow may reject or cancel a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. ShellShadow reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. ShellShadow need not provide a reason for its rejection. If ShellShadow rejects Your application, then You may reapply and ShellShadow will reconsider the application. You may not register for this Service if You are under 13 years of age. By registering for this Service You represent to ShellShadow, that You are 13 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with ShellShadow and will become a subscriber to the ShellShadow Service.
3 - SERVICES
3.1 - Description of Service. ShellShadow provides the registered user with the ability (1) to allow and control remote access to the user's server, or (2) to access another user's server with their consent, and under their supervision and control, under a number of different commercial and non-commercial plans. Please confirm that the plan for which You are registering meets Your needs by reviewing the product information pages available on the web site http://www.shellshadow.com. To use the Service you will need to download ShellShadow Software to each machine that you would like to use the Service from. Each machine must also maintain a connection with the Internet in order to make use of the Service.
4 - USER CONDUCT AND PROPRIETARY RIGHTS
4.1 - No Resale or Commercial Use of the Service. Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service, any downloadable Software or other materials or any information obtained by You without the express written consent of ShellShadow.
4.2 - Conduct. You are solely responsible for the content of Your transmissions through the Service. ShellShadow does, however, reserve the right to take any action with respect to the Service that ShellShadow deems necessary or appropriate in ShellShadow's sole discretion if ShellShadow believes You or Your transmissions or use of the Service may create liability for ShellShadow. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Service, through feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Service.
4.3 - Proprietary Rights. In accordance with Your authorized use of the Service, ShellShadow grants You a limited license to use the Software solely in connection with the Service offered by ShellShadow. You acknowledge that the Software downloaded in connection with the Service is proprietary to ShellShadow and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this software as expressly authorized by the Service and these Terms. Further, the ShellShadow logo, and other names, logos, icons and marks identifying ShellShadow's products and services are trademarks of ShellShadow and may not be used without the prior written permission of ShellShadow. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. You may not copy, reproduce, distribute or create derivative works of this software without expressly being authorized to do so by ShellShadow. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the Software. All rights not expressly granted in these Terms are reserved to ShellShadow.
6 - MODIFICATIONS. ShellShadow may modify or amend these Terms at any time by (i) posting a revised Terms of Service document on http://www.shellshadow.com/terms_of_service and/or (ii) sending information regarding the Terms modification to the email address You provide to ShellShadow. You are responsible for regularly reviewing the http://www.shellshadow.com site to obtain timely notice of such modifications. You manifest intent to accept these modified Terms if You continue to use Your membership account after such modified terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, ShellShadow reserves the right to modify or discontinue the Service with or without notice to You. ShellShadow shall not be liable to You or any third party should ShellShadow exercise its right to modify or discontinue the Service.
7 - PASSWORDS AND SECURITY. As part of the registration process, You will use Your email address as Your user login identifier and You will choose Your passwords for access to this account and to Your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify ShellShadow of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.
8 - TERMINATION. ShellShadow may immediately terminate or suspend Your membership and right to use the Service if (a) You breach these Terms; (b) ShellShadow is unable to verify or authenticate any information You provide to ShellShadow; (c) such information is inaccurate; or (d) ShellShadow decides, in its sole discretion, to discontinue offering the Service. ShellShadow shall not be liable to You or any third party for termination of the Service. You may terminate Your Account and end Your use of the Service at any time, for any reason or for no reason. Upon termination of Your account, You shall remain liable for all fees incurred or accrued by You and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, You are no longer authorized to use the Service or Software. When this Agreement is terminated and/or Your Account is canceled or suspended, You will no longer have access to data and other material You have stored on the Site or Service and that material may be deleted by ShellShadow.
9 - MAINTENANCE AND UPDATES. You understand that ShellShadow may update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. To the extent that ShellShadow supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless ShellShadow indicates otherwise. ShellShadow reserves the right to charge fees for any future versions of, or updates to, this Software.
10 - DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. ShellShadow 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. ShellShadow MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES ShellShadow MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE Software WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED INCLUDING Software) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN 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. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ShellShadow OR THROUGH THE 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.
11 - LIMITATION OF LIABILITY. IN NO EVENT SHALL ShellShadow BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF ShellShadow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ShellShadow's LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12 - INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold ShellShadow harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against ShellShadow arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
13 - GENERAL TERMS. These Terms are governed in all respects by the laws of the State of Georgia as such laws are applied. Both parties submit to personal jurisdiction in Georgia and further agree that any cause of action relating to these Terms shall be brought in a court in Laurens County, Georgia. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. ShellShadow's failure to act with respect to a breach by You does not waive ShellShadow's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. ShellShadow shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond ShellShadow's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 13; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing these Terms.