PLEASE READ THIS AGREEMENT CAREFULLY!
BY PRESSING AGREE, CUSTOMER (THE INDIVIDUAL, ENTITY, OR ENTITY THAT RECEIVES THE BENEFIT OF OR USES THESE SERVICES) IS AGREEING TO BE BOUND BY THE AGREEMENT BELOW.
IF CUSTOMER DOES NOT AGREE, CLICK DISAGREE. IF CUSTOMER CLICKS DISAGREE, CUSTOMER MAY NOT ACCESS OR USE THE SERVICE.
This agreement is between InfoStreet, Inc., a California corporation (InfoStreet), and customer (Customer). It is effective on the date Customer agrees to it.

 

1. Web-based Software as a Service.
This agreement provides Customer access to a web-based software service as ordered by Customer. InfoStreet will provide its SkyOne (Formerly SkyDesktop) functionality through the web under the terms below (SkyOne). This agreement contemplates one or more orders for SkyOne, which orders are governed by the terms of this agreement.

 

2. Use of Services.
a. Trial Version. If Customer has registered for a trial use of SkyOne, Customer may access SkyOne for the limited time period specified on the trial site time period (unless extended by InfoStreet). SkyOne is provided AS IS, with no warranty during this time period. All Customer data will be deleted after the trial period, unless Customer converts its account to a paid account.
b. Free Version. If Customer has registered for a no-charge use of SkyOne, Customer may access SkyOne until it is cancelled by InfoStreet (without cause) upon notice sent via email (using its email address in SkyOne), or by the Customer. SkyOne is provided AS IS, with no warranty. All Customer information will be deleted after the no-charge period ends, unless Customer converts its account to a paid account.
c. Customer Responsibilities. Customer is solely responsible for Customer Data and all activity in its account in SkyOne, must use commercially reasonable efforts to prevent unauthorized access to its account, and notify InfoStreet promptly of any such unauthorized access, and may use SkyOne only in accordance with the SkyOne technical documentation and applicable law.
d. Restrictions. Customer may not sell, resell, rent, or lease SkyOne; use SkyOne to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable or unlawful material, or to store or transmit material in violation of third-party rights; interfere with or disrupt the integrity or performance of SkyOne; attempt to gain unauthorized access to SkyOne or its related systems or networks; or attempt to access SkyOne by any means other than through the interface that is provided by SkyOne.
e. Support. InfoStreet’s online technical support services are included with SkyOne, as more detailed at www.infostreet.com. Additional, phone-based support can be purchased.
f. Privacy Policy. Customer’s information submitted online is governed by the terms of the SkyOne privacy policy. This privacy policy may change, so Customer should review it regularly.

 

3. Payment Terms.
Customer must pay all fees as specified on the order, or if not specified, then upon receipt of an invoice. Customer is responsible for all taxes except those based on InfoStreet’s net income.
a. Credit Card Payments. If a credit card account is used, InfoStreet may obtain pre approval for an amount up to the order total. Customer must pay online, and InfoStreet may charge the card for all purchases and additional amounts owed. Customer is responsible for timely payment and maintaining a valid credit card. Failure to do so may result in suspension or termination.
b. Bank Account (eCheck) Payments. If a bank account is used, InfoStreet may debit the account for all purchases and additional amounts owed. Customer is responsible for maintaining a valid account.

 

4. Warranty Disclaimer.
INFOSTREET DISCLAIMS ALL WARRANTIES, AS SKYONE IS PROVIDED “AS IS,” INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

 

5. Mutual Confidentiality.
a. Definition of Confidential Information. Confidential Information means all confidential information disclosed by a party that is designated as confidential or should reasonably be understood to be confidential.
b. Protection. Each party must use reasonable care to protect the other’s Confidential Information and may not disclose it outside the scope of this agreement.
c. Exclusions. Confidential Information excludes information that is public, already known, received from a third party without breach, or independently developed.
d. Disclosure Required by Law. The Recipient may disclose Confidential Information if required by law, after giving notice to the Discloser.

 

6. Proprietary Rights.
a. Reservation of Rights. All rights in SkyOne and related materials remain with InfoStreet.
b. Restrictions. Customer may not reverse engineer, remove proprietary markings, or use SkyOne to build a competing service.
c. Customer Owned Data. All data uploaded by Customer remains its property.
d. Licensed Software and Documentation. InfoStreet grants Customer a non-exclusive license to use the provided software and materials solely with SkyOne.

 

7. Exclusion of Damages and Limitation of Liability.
a. InfoStreet is not liable for any indirect, special, incidental, or consequential damages.
b. InfoStreet’s total liability does not exceed the amount paid by Customer in the 12 months prior to the event giving rise to the claim.

 

8. Term, Termination, and Return of Data.
a. This agreement continues for the specified duration and auto-renews unless canceled.
b. Either party may terminate for material breach after 30 days’ notice if not cured.
c. Upon termination, Customer must pay amounts owed and destroy or return all InfoStreet property.

 

9. Governing Law and Forum.
This agreement is governed by California law. Disputes must be brought in Los Angeles County, California.

 

10. Customer Indemnity.
Customer must indemnify and hold InfoStreet harmless against any third-party claims arising from Customer’s use of SkyOne.

 

11. Miscellaneous.
a. Any breach may cause irreparable harm; either party may seek injunctive relief.
b. This is the entire agreement and supersedes all prior agreements.
c. Neither party may assign the agreement except in a merger or sale.
d. The parties are independent contractors.
e. If any term is invalid, others remain effective.
f. Additional or conflicting terms are rejected.
g. Order terms prevail in case of inconsistency.
h. Terms that by nature survive termination will survive.
i. The CISG does not apply.
j. Neither party is liable for force majeure events.