AmqpHosting Terms of Service


1. Your Agreement with AmqpHosting
1.1. Your use of the AmqpHosting service (the "Service") is governed by this agreement (the "Terms").

1.2. In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that AmqpHosting will treat your use of the Service as acceptance of the Terms from that point onwards.

1.3. You may not use the Service if you are a person barred from receiving the Service under the laws of the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.

2. Your Account and Use of the Service
2.1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify AmqpHosting immediately.

2.2. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You agree not to use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons.

2.3. You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by AmqpHosting in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with AmqpHosting, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

3. Service Policies and Privacy
3.1. The Service shall be subject to the privacy policy for the Service available at Privacy Policy (or such URL as AmqpHosting may provide). You agree to the use of your data in accordance with AmqpHosting's privacy policies.

3.2. You agree that you will protect the privacy and legal rights of the users of your application. You must provide legally adequate privacy notice and protection for those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to AmqpHosting.

4. Fees for Use of the Service

4.1. Subject to the Terms, usage of the Service requires your purchase of resources or services. The pricing for resources and services can be found here (or such URL as AmqpHosting may provide).

4.2. For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in the Fees and Payment Policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees AmqpHosting incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on AmqpHosting's measurements of your use of the Service, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of AmqpHosting and only in the form of credit for the Service. Nothing in these Terms obligates AmqpHosting to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to AmqpHosting may be shared by AmqpHosting with companies who work on AmqpHosting's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to AmqpHosting and servicing your account. AmqpHosting may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. AmqpHosting shall not be liable for any use or disclosure of such information by such third parties. AmqpHosting reserves the right to discontinue the provision of the Service to you for any late payments.

4.3. AmqpHosting may change its fees and payment policies for the Service by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

4.4. You may not create multiple accounts to simulate or act as a single account or otherwise access the Service in a manner intended to avoid incurring fees.

5. Content in the Service and Take Down Obligations
5.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the application that you create using the Service and any source code written by you to be used with the Service (collectively, the "Application").

5.2. AmqpHosting reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. You agree to immediately take down any Content that violates the Program Policies, including pursuant to a take down request from AmqpHosting. In the event that you elect not to comply with a request from AmqpHosting to take down certain Content, AmqpHosting reserves the right to directly take down such Content or to disable the Application.

5.3. In the event that you become aware of any violation of the Program Policies by an end user of the Application, you shall immediately terminate such end user's account on your Application. AmqpHosting reserves the right to terminate end user AmqpHosting accounts or disable the Application in response to a violation or suspected violation of the Program Policies.

5.4. You agree that you are solely responsible for (and that AmqpHosting has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which AmqpHosting may suffer) by doing so.

5.5. You agree that AmqpHosting has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application and any Content.

6. Proprietary Rights
6.1. You acknowledge and agree that AmqpHosting (or AmqpHosting's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6.2. Unless you have agreed otherwise in writing with AmqpHosting, nothing in the Terms gives you a right to use any of AmqpHosting's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

6.3. Except as provided in Section 8, AmqpHosting acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or the Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with AmqpHosting, you agree that you are responsible for protecting and enforcing those rights and that AmqpHosting has no obligation to do so on your behalf.

7. License from AmqpHosting and Restrictions
7.1. AmqpHosting gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by AmqpHosting as part of the Service as provided to you by AmqpHosting (referred to as the "AmqpHosting Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by AmqpHosting, in the manner permitted by the Terms.

7.2. You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the AmqpHosting Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by AmqpHosting, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the Service or any Application; (c) use the Service to create an Application that performs a malicious activity, including but not limited to spamming users, harvesting usernames and passwords, performing unauthorized scans of machines or ports or creating DoS attacks; or (d) upload or otherwise process any malicious content to or through the Service.

7.3. Unless AmqpHosting has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) your rights to use the AmqpHosting Software, grant a security interest in or over your rights to use the AmqpHosting Software, or otherwise transfer any part of your rights to use the Software.

7.4. Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with AmqpHosting for the use of the components of the Service released under an open source license.

8. License from You
8.1. AmqpHosting claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Service you give AmqpHosting a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling AmqpHosting to provide you with the Service in accordance with its privacy policy. Furthermore, by creating an Application through use of the Service, you give AmqpHosting a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling AmqpHosting to provide you with the Service in accordance with its privacy policy.

8.2. You agree that AmqpHosting, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.

9. Recommendations
9.1 AmqpHosting may, and you grant us permission to, make recommendations via the Service for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the Service. We will never make recommendations directly to your End Users.

10. Modification and Termination of the Service
10.1 AmqpHosting is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which AmqpHosting provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Service will be effective with respect to all versions of the Service; examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

10.2 You may terminate these Terms at any time by canceling your account on the Service. You will not receive any refunds if you cancel your account.

10.3 You agree that AmqpHosting, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Service may be without prior notice, and you agree that AmqpHosting will not be liable to you or any third party for such termination.

10.4 You are solely responsible for exporting your Content and Application(s) from the Service prior to termination of your account for any reason, provided that if we terminate your account, we will make reasonable efforts to permit you to retrieve your Content and Application(s) for a reasonable period of time.

10.5 Upon any termination of the Service or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 17 shall continue to be effective after these Terms are terminated.

11. EXCLUSION OF WARRANTIES
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT AMQPHOSTING'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

AMQPHOSTING, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AMQPHOSTING, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.

12. LIMITATION OF LIABILITY
12.1. SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMQPHOSTING, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

12.2. THE LIMITATIONS ON FLIGHTCATER'S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT FLIGHTCATER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Indemnification
13.1 You agree to hold harmless and indemnify AmqpHosting, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "AmqpHosting and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, AmqpHosting will provide you with written notice of such claim, suit or action.

14. Copyright Policy
14.1. You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is AmqpHosting's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.

15. Other Content
15.1. The Services may include hyperlinks to other web sites or content or resources or email content. AmqpHosting may have no control over any web sites or resources which are provided by companies or persons other than AmqpHosting.

15.2 You acknowledge and agree that AmqpHosting is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

15.3. You acknowledge and agree that AmqpHosting is not liable for any loss or damage which may be incurred by you or users of your Application as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

16. Changes to the Terms
16.1. AmqpHosting may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

16.2 You understand and agree that if you use the Service after the date on which the Terms have changed, AmqpHosting will treat your use as acceptance of the updated Terms.

17. General Legal Terms
17.1. The Terms constitute the whole legal agreement between you and AmqpHosting and govern your use of the Service (but excluding any services which AmqpHosting may provide to you under a separate written agreement), and completely replace any prior agreements between you and AmqpHosting in relation to the Service.

17.2. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

17.3. If AmqpHosting provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

17.4. You agree that AmqpHosting may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

17.5. You agree that if AmqpHosting does not exercise or enforce any legal right or remedy which is contained in the Terms (or which AmqpHosting has the benefit of under any applicable law), this will not be taken to be a formal waiver of AmqpHosting's rights and that those rights or remedies will still be available to AmqpHosting.

17.6. AmqpHosting shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

17.7. You agree that AmqpHosting shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

This document is an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License.
Google, Inc. is not connected with and does not sponsor or endorse AmqpHosting or its use of the work.
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"Advanced Message Queueing Protocol (AMQP 0-9-1)" are trademarks of The AMQP Working Group.
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