Terms of Service
Hostedware Corporation will provide online testing software,
test hosting, data storage, and other testing and assessment
related services to you, our Customer, under the following
NO UNLAWFUL OR PROHIBITED USE
You acknowledge that Hostedware does not regulate or take
any responsibility for the content of information, files,
images, or other communication transmitted to or by Hosted
Test. You warrant that you have all rights necessary to lawfully
submit any information or material that is uploaded to Hosted
Test, including all intellectual property rights.
You agree not to publish or transmit any unlawful, harmful,
threatening, abusive, harassing, defamatory, or racially or
ethnically derogatory content, or any content expressing hate
towards any person or groups of persons due to race, religion,
color, creed, national origin or sexual orientation. You agree
not to upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of illegal solicitation (please read our complete
You agree not to upload, post, email, transmit or otherwise
make available any material that contains software viruses
or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment. You
agree to indemnify Hostedware against actions brought by a
third party as a result of such material or information or
transmission, or as a result of your use in any way of Hosted
Test or the services provided by Hostedware.
ACCOUNT, PASSWORD AND SECURITY
You agree to use a secure and standard web browser such as
Microsoft Internet Explorer or Netscape Navigator to access
When you open your Hosted Test account, you will select a
login ID and password. You are responsible for maintaining
the confidentiality of your login ID and password. You are
also responsible for all uses of your account, whether or
not actually or expressly authorized by you.
You agree not to use Hosted Test in any manner that could
damage, disable or impair any of Hostedware's servers, computer
systems or network, or interfere with any other party's use
and enjoyment of Hosted Test, or any of Hostedware software
applications or services. You agree not to attempt to gain
unauthorized access to any of Hostedware's software applications
or services, other accounts, servers, computer systems or
networks. You agree not attempt to obtain any materials or
information not intentionally made available through Hosted
Test, or to reverse engineer, decompile, or disassemble the
software code. You may not use anyone else's account at any
time, without the permission of the account holder.
You retain ownership of all your data, created by you and
rightfully belonging to you, while properly accessing Hosted
Test under your login ID. Hostedware respects your privacy,
and will not use, sell, rent, trade or otherwise disseminate
or disclose your data to itself or any third party, except
as required by law or by your authorized written request or
If, at any time, we, Hostedware, believe you, the Customer,
are in breach of any of the terms and conditions contained
in this agreement, we may immediately terminate this agreement
Hostedware makes no warranties of any kind, whether express
or implied, for the services to be provided hereunder.
You, agree that Hostedware shall not be liable for any losses
or damages of any kind to you including, but not limited to,
those that may result from service interruptions, delays,
non-deliveries, or mis-deliveries. Additionally, Hostedware
makes no warranties regarding its ability to recover any lost
data, lost files, or other information, regardless of how
or why the data or file was lost.
You agree to provide accurate and up-to-date contact information
to Hostedware, at the time you open your account, and as long
as you use your account or it is active. You can update this
information in your account by going to My Account > Edit Information.
Hostedware respects your privacy,
and all your information is kept secure and confidential.
Full or partial invoices will be sent to you in advance of
receiving services and will be in accordance with the billing
policies and service rates as set forth on the Hosted Test
Pricing page, or in custom Service Agreements as negotiated
and agreed to on a per-project basis with you. You agree to
submit payment in US funds for all statements upon receipt.
Accounts 30 days past due are subject to suspension or termination
and a service resumption fee. Cancellation of an account will
result in deletion of all of Customer's files, including email.
You agree that submission of credit card information to Hostedware
constitutes authorization by you to bill the specified credit
card for all fees owed by you to Hostedware.
LITIGATION AND ATTORNEY'S FEES
In the event of any dispute arising out of or relating to
this agreement, such dispute shall be resolved in the State
of California, County of Orange, and the prevailing party
in any such dispute shall be entitled to reasonable costs,
including collection costs, and attorney's fees.
ENTIRE AGREEMENT AND SEVERABILITY
This represents the complete agreement and understanding
between Hostedware and Customer with respect to the subject
matter herein. In the event that any term or provision of
this agreement is held by a court to be unenforceable, then
the remaining provisions shall remain in full force and effect.