Terms of Service
IMPORTANT NOTE: This service may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
PLEASE READ THIS TERMS AND CONDITIONS OF SERVICE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE INSTALLALL.NET SERVICE. BY USING THE INSTALLALL.NET SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE.
1. General
The service accessible on the installall.net website (herein the "installAll.net service") is licensed, not sold, to You by installAll, Inc. for use only under the terms of this Agreement, and installAll, Inc. reserves all rights not expressly granted to You. The rights granted herein are limited to installAll, Inc.'s and its licensors' intellectual property rights in the installAll.net service and do not include any other patents or intellectual property rights. The terms of this Agreement will govern any service upgrades provided by installAll, Inc. that replace and/or supplement the original installAll.net service, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
Title and intellectual property rights in and to any content displayed by or accessed through the installAll.net Service belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant You any rights to use such content.
2. Permitted Uses and Restrictions
A. This Agreement allows You to create one account with the installAll.net service, except where otherwise advertised or expressly permitted by installAll, Inc. The Agreement does not allow You to create more than one account with the installAll.net service or make available Your account to any other individual, for any reason, within the limits of applicable law.
B. Except as and only to the extent permitted in this Agreement and by applicable law, You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the installAll.net service or any part thereof.
C. In using the installAll.net service, You will:
- obey the law;
- obey any codes of conduct or other notices installAll, Inc. provides;
- keep Your account password secret; and
- promptly notify installAll, Inc. if You learn of a security breach related to the service.
- engage in, facilitate or further unlawful conduct;
- use the service in a way that harms installAll, Inc. or installAll, Inc.'s advertisers, affiliates, resellers, distributors and/or vendors, or any customer of installAll, Inc.'s or installAll, Inc.'s advertisers, affiliates, resellers, distributors and/or vendors;
- use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
- use any unauthorized third party software or service to access the installAll.net service;
- use any automated process or service to access and/or use the installAll.net service (such as a BOT, a spider, periodic caching of information, or "meta-searching");
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the installAll.net service;
- damage, disable, overburden, or impair the installAll.net service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the installAll.net service; or
- resell or redistribute the service, or any part of the installAll.net service.
installAll, Inc. is not responsible for security measures or unauthorized access to Your computer, Your server or the installAll.net Service outside of installAll, Inc.'s control, including, without limitation, malware, spyware, and hackers, which may directly or indirectly interfere with Your computer or Your server's stability. Adequate internet security software is recommended for all users on both their home computer and their website's server.
4. Functionality
Although extensively tested, installAll, Inc. is not responsible nor may be held liable for instabilities regarding BETA or full versions of the installAll.net Service with Your server should another program conflict with the installAll.net Service or otherwise.
5. Expectations
The installAll.net service is focused on automatic web-based script and program installations. In order for the installAll.net service to perform an installation, an active internet connection and a standard supported File Transfer Protocol ("FTP") server on Your remote website server is required. Your server must also be capable of supporting standard internet technologies required by the script, program, modification or template being installed. Without an active internet connection, a supported FTP server or the internet technologies required for the operation of the item being installed, the installAll.net service is unable to guarantee a successful installation. Your remote server information required for installation is always stored in a hashed and/or encrypted format, using the latest in security technologies. Except as permitted when necessary to perform automatic upgrades to scripts, programs, modifications or templates You have installed using the installAll.net service, Your remote server information will be immediately discarded after Your installation is completed or cancelled. installAll, Inc. has no direct access, at any time, to any of Your remote website server login credentials stored in an unencrypted format which may be considered recoverable by an agent, employee, affiliate, or otherwise of installAll, Inc.
6. Legality of Data and Usage
You are responsible for the legality of all data stored on servers owned and/or operated by You. Some scripts, programs, modifications and templates capable of being installed using the installAll.net service are able to be used for unlawful purposes. installAll, Inc. is not responsible nor can be held liable for any illegal activity resulting from the usage of a script, program, modification or template installed using the installAll.net service.
7. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from installAll, Inc. if you fail to comply with any term(s) of this Agreement or fail to keep Your account with the installAll.net Service active and in good standing, as determined at the sole discretion of installAll, Inc. Upon the termination of this Agreement, You must cease all use of the installAll.net service.
8. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE INSTALLALL.NET SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE INSTALLALL.NET SERVICE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND INSTALLALL, INC. AND INSTALLALL, INC.'S LICENSORS (COLLECTIVELY REFERRED TO AS "INSTALLALL, INC." FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE INSTALLALL.NET SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. INSTALLALL, INC. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INSTALLALL.NET SERVICE, THAT THE FUNCTIONS CONTAINED IN THE INSTALLALL.NET SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE INSTALLALL.NET SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE INSTALLALL.NET SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INSTALLALL, INC. OR AN INSTALLALL, INC. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE INSTALLALL.NET SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING RESULTING FROM THE USAGE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. installAll, Inc., its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to You or any other person for the content You receive using the installAll.net service or for any inaccuracies, errors in or omissions from the content.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL INSTALLALL, INC. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE INSTALLALL.NET SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF INSTALLALL, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall installAll, Inc.'s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Controlling Law and Severability
This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, as applied to agreements entered into and to be performed entirely within British Columbia between British Columbia residents. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
11. Complete Agreement; Governing Language
This Agreement constitutes the entire agreement between the parties with respect to the use of the installAll.net service licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by installAll, Inc. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
12. Third Party Acknowledgement
Certain scripts, programs, modifications and templates that can be installed using the installAll.net service are free software and licensed under the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL). Others may have a common open-source (or cost) license required or requested to be attached with its (re)distribution. The installAll.net service automatically assists with Your review of and agreement to any licenses every time You perform an installation. You may obtain a complete machine-readable copy of the source code for free software under the terms of its license, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to installAll, Inc. The free software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
13. Headings
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
