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Terms of Use
The terms of use include, but are not limited to the
onProject, Inc. (“ONPROJECT”) website and any hosted solution services
provided by onProject.
ONPROJECT provides hosted solution services for several
products for a monthly fee based on metrics determined by us and
communicated to you.
Currently ONPROJECT offers the following hosted
solutions:
- myonProject, a web based project management and group
collaboration service.
- myonSchedule, a web based home builder scheduling
solution service.
- onProject Share, a web based file sharing solution.
ONPROJECT offers secured hosted solutions. The
services are designed to be private and secure with username and
password protection. Our hosted solutions are maintained by
professionals who are committed to keeping our solutions fast,
reliable, available, and secure. In addition, we backup your data
daily and store off-site for even greater protection and peace of
mind.
Our various solutions provide a set of services such
as: task management, schedule management, file storage,
discussion boards, calendars, contact managers, and other services.
("Services").
onProject Subscriber Agreement
ONPROJECT provides the above services pursuant to the
terms and conditions set forth below. By using the Services, you are
agreeing to use the Services in a manner consistent with the terms and
conditions of this Agreement and with all applicable laws and
regulations. ONPROJECT may modify this Agreement at any time without
notification. Any modifications to its terms of usage will be
included here. Please visit the Web site frequently to check for
changes.
The Services provided by ONPROJECT are privileges and
should not be abused. ONPROJECT has as its goal to make the Services
provided useful and effective to its users, and to provide appropriate
privacy and security as described in the privacy and security
information provided.
1. Indemnification.
You agree to defend, indemnify and hold harmless
ONPROJECT, its employees, directors, officers, agents and their
successors and assigns from and against any and all liabilities,
damages, losses, costs and expenses, including attorney's fees, caused
by or arising out of claims based upon the use of your account,
including any claim of libel, defamation, violation of rights of
privacy or publicity, loss of service by other subscribers and
infringement of intellectual property or other rights.
2. Term.
This Agreement shall continue in full force and effect
for so long as you are using the Services. Either you or ONPROJECT may
terminate the service at any time, with or without cause. The
provisions of Sections 1 and 6 shall survive any such termination.
3. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THE USE OF THE SERVICES IS AT YOUR
SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ONPROJECT 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. ONPROJECT MAKES NO WARRANTY THE SERVICES WILL MEET
YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR INFORMATION STORED WILL BE RETAINED; NOR DOES
ONPROJECT. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WLL BE CORRECTED.
YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, WHICH YOU OBTAIN FROM ONPROJECT OR THROUGH THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
4. Limitation of Liability.
ONPROJECT SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED
COMMUNICATIONS, LOST DATA ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, EVEN IF ONPROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. Some States do not allow the limitation of liability so the
foregoing may not apply to you.
5. Data Storage.
The Services shall include a maximum amount of storage
per subscriber. The amount of storage provided per subscriber shall be
determined by ONPROJECT and is subject to change at any time. Any
individual e-mail message or image larger than the maximum size may or
may not be processed.
6. Billing Policies.
Payment Types
All charges are shown in US Dollars. Payments are to be made in US
dollars. onProject accepts the following types of payment:
* Check or Money Order
* Bank Wire Transfer
Billing Cycle
Usage bills are rendered monthly and due upon receipt. They cover usage
charges for the period ending on the last day of the preceding
month.
Customers agree to make payment of their balance due within thirty (30)
days of receipt of the invoice, unless other terms have been mutually
agreed upon.
Delinquencies
Accounts that are over thirty (30) days past due will be notified of
the delinquency. Accounts that are over sixty (60) days past due
will be automatically suspended. All past due and unpaid balances
are subject to collection. In the event of collection, you will
be liable for costs of collection including attorney's fees, court
costs, and collection agency fees.
Cancellations
Cancellation requests must be received by ONPROJECT a minimum of
fifteen (15) days prior to the end of the month to avoid monthly
charges. Cancellations submitted later than this time will result
in a full months charge. Certain contracts may require a written
cancellation notice on company letterhead from an authorized account
representative.
Closing an account with ONPROJECT can be done by sending notification
to ONPROJECT with requested effective closing date. For any account
past due or delinquent, the balance must be settled before closing of
an account can be possible. All canceled accounts with a balance
are subject to collections.
7. Miscellaneous.
This agreement will be governed by and construed in
accordance with the laws of the State of New Jersey without giving
effect to principles of conflict of laws. 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. ONPROJECT 's
failure to act with respect to a breach by you or others does not waive
its right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between you
and ONPROJECT.
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