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| USER POLICIES |
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| DISCOUNTASP.NET API TERMS AND CONDITIONS |
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By using the DiscountASP.NET API ("DASP API"), you agree to these API Terms and Conditions ("API Terms")
and the DiscountASP.NET Terms and Conditions ("Agreement") located at http://www.DiscountASP.NET/userpolicy_tc.aspx.
If you disagree with any of the API Terms or Agreement, DiscountASP.NET ("DASP") does not grant you a license to use the DASP API.
Description of Service
The DASP API consists of an API library and associated documentation that allows You to display results, obtain specific information and news,
and to manipulate/modify settings and certain aspects of Your DASP web hosting account.
Modifications
DASP reserves the right to update and change and modify, from time to time, these API Terms and all documents
related to the DASP API, and those documents incorporated herein. You can always find the most recent version of the API Terms at http://www.DiscountASP.NET/userpolicy_api.aspx.
DASP may change or modify the API Terms by posting a new version with or without notice on the DASP web site.
Use of the DASP API after such change constitutes acceptance of such changes or modifications.
DASP may change, suspend, or discontinue any aspect of the
DASP API at any time with or without notice, including the availability of any part or all of the DASP API.
DASP may also impose limits on certain features or restrict Your access to parts or all of the DASP API without notice or liability.
You understand that any DASP API changes may require You to modify Your applications that use the DASP API.
Licensed Uses and Restrictions
The DASP API is owned by DASP and are licensed to You on a worldwide (except as limited below), non-exclusive,
non-sublicenseable basis on the terms and conditions set forth herein. All rights not expressly granted to You are
reserved by DASP.
Subject to the restrictions set forth in the API Terms, You may use the DASP API and any updates provided by DASP
(in its sole discretion). Your license to the DASP APIs under the API Terms continue until it is terminated by either party.
You may terminate the license by discontinuing use of the DASP API.
DASP may terminate the license at any time for any reason. The API Terms terminate automatically if:
You violate any term of these API Terms,
DASP publicly posts a written notice of termination of the DASP API program on the DASP web site, or any other DASP online property,
DASP sends a written notice of termination to You,
DASP ceases providing access to the DASP APIs to You, or
Your DASP web hosting account is terminated for any reason.
You understand that DASP may, in the future, require additional approval and registration procedures to access the DASP API.
You agree that You are responsible for your own conduct and content while using the DASP API and for any consequences thereof.
You agree to use the DASP API only for purposes that are legal, proper and in accordance with these API Terms
and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the DASP APIs,
You will not, and will not permit your end users or other third parties to:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright,
trade secret or other proprietary right of any party, unless You (or the end user posting the Content) are the owner of the
Rights or have the permission of the owner to post such Content;
upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or
disruptive commercial messages or advertisements, or anything else prohibited by law, these API Terms or any applicable policies
or guidelines.
distribute any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material;
restrict or inhibit any other user from using and enjoying DASP services;
use DASP services for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on DASP services;
interfere with or disrupt DASP services or servers or networks connected to DASP services, or disobey any requirements, procedures,
policies or regulations of networks connected to DASP services;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of DASP services or
collect information about users for any unauthorized purpose;
submit Content that falsely expresses or implies that such Content is sponsored or endorsed by DASP;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or
individual;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
use the DASP APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage,
or otherwise fails to comply or is inconsistent with any part of the DASP API documentation as determined by DASP
in its sole discretion;
violate any local rules regarding online conduct and acceptable content,
including laws regulating the export of data to and from the United States.
Authentication
To access the DASP API, You must have an active and valid DASP web hosting account.
You must sign up to join the DASP API program.
You must use an alphanumeric key assigned to You by DASP that is uniquely associated with your DASP web hosting account.
You must proactively whitelist client IP addresses that will access the DASP API.
DASP may at its sole descretion block requests to the DASP API from a particular IP address or authentication key,
with or without notice.
Contact and Cooperation
You and the account admin contact, if it's not You, must be reachable at all times for security questions or concerns.
Virus Precautions
All materials, including software and documents, that You provide to DASP or the DASP API user community, must be checked with Internet
industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free.
Any data provided to DASP or the DASP API user community must not contain harmful scripts or code.
Reporting
You must promptly report any security deficiencies in or intrusions to Your Systems that You discover to DASP
in writing via DASP helpdesk. You will work with DASP to immediately correct any security deficiency,
and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion,
You will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission
from DASP in each instance.
Security Reviews
DASP will have the right, at its own expense, to review, or to have an independent third party
that is not Your competitor, to inspect and review Your compliance with these security provisions.
You will (at Your own expense) correct any security flaws detected by such a review as soon as possible.
You will then promptly certify to DASP in writing that the security flaw has been corrected, along with a description of
the corrective action(s) taken. DASP will give You advanced notice before conducting such a review.
If a review reveals a material breach of any of these security provisions,
You will reimburse DASP for the reasonable costs of the review.
DASP takes end user security very seriously, and You agree to give us all necessary assistance for the
operation of Your application in compliance with these API Terms and any applicable laws.
Ownership and Relationship of Parties
The DASP API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights
and laws of the U.S. and other countries. DASP's rights apply to the DASP API and all output and executables of the DASP API,
excluding any software components developed by You which do not themselves incorporate the DASP API or any output or executables
of the DASP API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional
copyright notices or restrictions contained in these API Terms and in the Agreement. DASP owns all rights, title, and interest in
and to the DASP API. These API Terms grant you no right, title, or interest in any intellectual property owned or
licensed by DASP, including (but not limited to) the DASP API and DASP trademarks.
User Support
Support for the DASP API is only by peer support through the DASP Community Forum located at http://community.discountasp.net.
You understand and agree that DASP is under no obligation to provide You or end users of Your application or site
with user support or any other technical assistance.
User Contributions and Privacy
You understand that in the process of participating in the DASP API user community, You may provide certain comments, suggestions,
data, or other information to the DASP community (collectively "Information"). DASP shall have the right to retain and use any
such Information in current or future products or services, without further compensation to You. To the extent such Information
is protectable under intellectual property laws, You agree to cooperate with DASP as needed to obtain such protection as DASP
may desire and You agree to assign Your rights to such Information to DASP.
DASP's collection and use of personal information is governed by DASP's Privacy Policy, available at
http://www.discountasp.net/userpolicy_privacy.aspx. Furthermore, DASP may share aggregate
(not personally identifiable) Information with its business partners or other third parties. DASP will not, however,
knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any
valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address
an unlawful or harmful activity.
Fees and Payments
DASP reserves the right to charge fees for future use of or access to the DASP API in DASP's sole discretion.
If DASP decides to charge for the DASP API access, such charges will be disclosed to you prior to the policy change.
Disclaimer of Any Warranty
THE DASP APIS ARE EXPERIMENTAL AND HAVE NOT BEEN THOROUGHLY TESTED IN ANY MANNER. DASP DOES NOT REPRESENT OR WARRANT THAT ANY
DASP APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE DASP APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND DASP EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF DASP APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE
USE OF ANY DASP APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
ANY MATERIAL OR APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DASP API USER COMMUNITY IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DASP OR THROUGH OR FROM THE DASP API USER COMMUNITY SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API TERMS.
Limitation of Liability
DASP SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH USE OF THE DASP APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT DASP HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DASP BE LIABLE TO YOU FOR ANY AMOUNT.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against DASP, and its subsidiaries,
affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages
(actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature,
arising from or in any way related to your use of DASP APIs. If you are a California resident, you waive your rights under
California Civil Code ยง 1542, which states, "A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his
settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be
other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition,
you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute
or common law principle of similar effect, to the fullest extent permitted by law.
Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify DASP and its subsidiaries,
affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising
from or in any way related to your use of DASP APIs, including any liability or expense arising from all claims, losses,
damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
DASP shall use good faith efforts to provide you with written notice of such claim, suit or action.
Digital Millennium Copyright Act
It is DASP's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of the API Terms,
You and DASP shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other.
You shall not have any authority to assume or create any obligation for or on behalf of DASP, express or implied,
and you shall not attempt to bind DASP to any contract.
Invalidity of Specific Terms
If any provision of the API Terms is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected
in the provision and the other provisions of such documents remain in full force and effect.
Governing Law, Jurisdiction, and Arbitration
This Agreement shall be governed in all respects by California law without regard to the conflict of law provisions thereof.
Both parties submit to personal jurisdiction in California. Any controversy or claim arising out of, relating to or in connection
with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA")
in accordance with its then existing Commercial Arbitration Rules ("AAA Rules") and judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California, or any other place
selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be
final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the
validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and
enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and
exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the
arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or
the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover
all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees. The
terms of this section shall survive any termination of this Agreement.
No Waiver of Rights by DASP
DASP's failure to exercise or enforce any right or provision of the API Terms shall not
constitute a waiver of such right or provision.
Statute of Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of
DASP API must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous
The section headings and subheadings contained in this agreement are included for convenience only,
and shall not limit or otherwise affect the terms of the API Terms. Any construction or interpretation to be made of the API Terms
shall not be construed against the drafter. The API Terms constitute the entire agreement between DASP and You with respect to the
subject matter hereof.
Last Update: October 12, 2006
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