Last Updated: 2008-09-09
1. User's Acknowledgment and Acceptance of Terms.
2. Description of Services.
We make various services available on this Site including, but not limited to, online subscription access to virtual desktop computers. Fees for the various services are set out in the membership and service fees described elsewhere in this Site.
You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and your own Internet access (including payment of service fees associated with such access). We do not provide support for alternative remote access technologies. Registered users who wish to utilize our services through remote access technologies other than those provided by this Site may do so at their own risk and expense.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
You understand and agree that you are solely responsible for all actions performed on or by a virtual machine while you are signed onto that machine.
We reserve the right to directly or indirectly monitor the Site and the machines at all times by the security systems we choose. We may monitor the network and all communications taking place on it. You acknowledged that monitoring systems may record any data that is sent or received through the Site and/or on our machines, including passwords, and authorize any such monitoring activity. Data collected pursuant to any such monitoring activity, if any, shall be used for monitoring acceptable use compliance, and shall be stored under reasonable security protections.
3. Account Holders
4. Registration Data and Privacy.
In order to access some of the services on this Site, you will require a separate account and password that can be obtained through a registered Account Holder or by completing our online registration form, which requests certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
5. Payment of Fees.
If you subscribe to a service on this Site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this Site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within seven (7) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
6. Conduct on Site.
Your use of the Site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Site. You agree that you will not use the Site or any machine to upload, share, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, nationality, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Site.
You agree that the primary billing Account Holder is responsible for all actions performed by users associated with that account, whether or not such users have separate login identities.
You acknowledge that virtual machines made available through the Site may operate in a shared environment. Because of this, machine performance may vary. You agree that you will not, and will not attempt to, access a machine without a current reservation. You shall not access or attempt to access any machine other than the machine on which you are properly registered.
You may not interfere with or disable machine software or otherwise alter functionally related to RBL's management of the machine, its infrastructure or the Site.
You may not rent or resell your access to a machine.
You shall not use the Site to perform long running processes such as bittorrents or other file sharing, 3D rendering, video rendering, or video encoding.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network, machine or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
7. Third Party Software.
Our machines contain and run certain third party software programs, including operating systems (the "Third Party Products"). By using the Site and accessing these machines, you agree to the following:
You will not attempt to download, copy or otherwise retain on your system any portion of the Third Party Products.
You will not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on Third Party Products.
You will not reverse engineer, decompile or disassemble any Third Party Products, except to the extent that such activity is expressly permitted by applicable law.
You acknowledge that the makers of the Third Party Products disclaim, to the extent permitted by applicably law, all warranties associated with the Third Party Products and any other liability the makers may have in connection with the Third Party Products, whether direct, indirect or consequential, arising from the use of the Third Party Products.
You acknowledge that the makers of the Third Party Products will not provide product support or updates to you in connection with your use of the Site.
You acknowledge that RBL may provide certain information concerning you and your use of the Third Party Products to the makers of the Third Party Products.
8. Third-Party Sites and Information.
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
9. Disclaimer of Warranties.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Participation in Promotions.
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
13. Security and Password.
Account Holders are responsible for maintaining the confidentiality of each password associated with their account and for any and all statements made and acts or omissions that occur through the use of such passwords, including any email sent and any charges incurred.
Individual users who do not receive their password and login information from other registered Account Holders are responsible for maintaining the confidentiality of the password(s) associated with their account and for any and all statements made and acts or omissions that occur through the use of such passwords, including any email sent and any charges incurred. Users may not transfer or share their account information or passwords with anyone, except that users who access the Site through passwords provided to them by an Account Holder may transfer or share their account information with that Account Holder.
We reserve the right to immediately terminate an account or password in the event of any unauthorized transfer or sharing of account information or passwords.
14. Export Controls.
Services and software, if any, available on or through this Site are subject to United States Export Controls. This Site may not be used to download or export any software or data (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. International Use.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
16. Termination of Use.
17. Governing Law.
This Site (excluding any linked sites) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Site, you agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. You agree and submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County and the United States District Court for the Northern District of California with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by e-mail, or at Reality Box Labs LLC, 699 Pennsylvania Ave. #9, San Francisco, California, 94107, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.
19. Entire Agreement.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
21. Contact Information.
Except as explicitly noted on this Site, the services available through this Site are offered by Reality Box Labs LLC, a California limited liability company. If you are a California resident, you may have this information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. The Customer Support Team may be contacted in writing at 699 Pennsylvania Ave. #9, San Francisco, California, 94107, or by email at email@example.com.