h2. 1. Your Agreement with SunSed.
1.1 Your use of the SunSed service is governed by this agreement (the "Terms"). "SunSed" means SunSed LLC, and its subsidiaries or affiliates involved in providing the SunSed Service. The “SunSed Services” means the services SunSed makes available through this website, including this website, the SunSed cloud computing platform, the SunSed API, and any other software or services offered by SunSed in connection to any of those.
1.2 In order to use the SunSed Services, you must first agree to the Terms. You can agree to the Terms by actually using the SunSed Services. You understand and agree that SunSed will treat your use of the SunSed Services as acceptance of the Terms from that point onwards.
1.3 You may not use the SunSed Services if you are a person barred from receiving the SunSed Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the SunSed Services. You affirm that you are over the age of 13, as the SunSed Services are not intended for children under 13.
1.4 You agree your purchases of SunSed Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by SunSed or any of its affiliates regarding future functionality or features.
h2. 2. Your Account and Use of the SunSed Services
2.1 You must provide accurate and complete registration information any time you register to use the SunSed Services. 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 SunSed immediately.
2.2 Your use of the SunSed Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the SunSed Services by any means other than through the interface that is provided by SunSed in connection with the SunSed Services, unless you have been specifically allowed to do so in a separate agreement with SunSed, or (b) engage in any activity that interferes with or disrupts the SunSed Services (or the servers and networks which are connected to the Service).
2.4 Your account has “hard” and “soft” usage limits. The SunSed Services does not permit you to exceed the hard usage limits. SunSed reserves the right to enforce soft usage limits in its sole discretion, which may result in SunSed serving a “quota exceeded” page to you or users to whom you serve web pages via the SunSed Services (“End Users”). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
2.5 You may use the SunSed Services only to develop and run applications on the SunSed infrastructure. You may not access the SunSed Services for the purpose of bringing an intellectual property infringement claim against SunSed or for the purpose of creating a product or service competitive with the SunSed Services.
h2. 3. Service Policies and Privacy
3.1 You agree to comply with the following SunSed Acceptable Use Policy which may be updated from time to time. The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content: Content that infringes a third party's rights (e.g., copyright) according to applicable law; Excessively profane content; Hate-related or violent content; Content advocating racial or ethnic intolerance; Content intended to advocate or advance computer hacking or cracking; Gambling; Other illegal activity, including without limitation illegal export of controlled substances or illegal software; Drug paraphernalia; Phishing; Malicious content; Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
3.3 You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End 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 SunSed.
3.4 You agree that SunSed does not transfer account ownership under no circumstances. Which means no one can treak our support staff into taking control over your account. But, it also means, if you loose access to your Google Account Email Address you will loose access to your SunSed acconut and there is nothing we can do to help.
h2. 4. Fees for Use of the SunSed Services
4.1 The pricing for additional resources and services can be found at SunSed Pricing (or such URL as SunSed may provide).
4.2 For all purchased resources and services, we will charge your credit card on a semi-annual basis or at the interval indicated in SunSed 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 attorney's fees SunSed 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 the SunSed's plan that you have agreed to, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of SunSed. Nothing in these Terms obligates SunSed to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to SunSed may be shared by SunSed with companies who work on SunSed's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to SunSed and servicing your account. SunSed 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. SunSed shall not be liable for any use or disclosure of such information by such third parties. SunSed reserves the right to discontinue the provision of the SunSed Services to you for any late payments.
4.3 SunSed may change its fees and payment policies for the SunSed Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL SunSed may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
4.4 You may not develop multiple Applications to simulate or act as a single Application or otherwise access the SunSed Services in a manner intended to avoid incurring fees.
h2. 5. Content on the SunSed Services 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 SunSed Services 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 web application that you create using the SunSed Services and any source code written by you to be used with the SunSed Services (collectively, "Applications").
5.2 SunSed reserves the right (but shall have no obligation) to remove any or all Content from the SunSed Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from SunSed. In the event that you elect not to comply with a request from SunSed to take down certain Content, SunSed reserves the right to directly take down such Content or to disable Applications.
5.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. SunSed reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
5.4 You agree that you are solely responsible for (and that SunSed 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 SunSed Services and for the consequences of your actions (including any loss or damage which SunSed may suffer) by doing so.
5.5 You agree that SunSed 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 Applications and any Content.
h2. 6. Proprietary Rights
6.1 You acknowledge and agree that SunSed (or SunSed's licensors) own all legal right, title and interest in and to the SunSed Services, including any intellectual property rights which subsist in the SunSed Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Except as provided in Section 8, SunSed 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 Applications that you create, submit, post, transmit or display on, or through, the SunSed Services, 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 SunSed, you agree that you are responsible for protecting and enforcing those rights and that SunSed has no obligation to do so on your behalf.
h2. 7. License from SunSed and Restrictions
7.1 SunSed gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by SunSed as part of the SunSed Services as provided to you by SunSed. This license is for the sole purpose of enabling you to use and enjoy the benefit of the SunSed Services as provided by SunSed, 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 SunSed Services 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 SunSed, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the SunSed Services or any applications running on the SunSed Services. (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 SunSed 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 SunSed Software, grant a security interest in or over your rights to use the SunSed 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 SunSed for the use of the components of the Service released under an open source license.
h2. 8. License from You
8.1 SunSed 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 SunSed Services you give SunSed 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 SunSed to provide you with the SunSed Services. Furthermore, by creating an Application through use of the SunSed Services, you give SunSed 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 SunSed to provide you with the SunSed Services.
8.2 By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant SunSed Services functionality or features for the sole purpose of collaborating on development of the Application(s).
8.3 You may choose to or we may invite you to submit comments or ideas about the SunSed Services, including without limitation about how to improve the SunSed Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SunSed under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.4 You agree that SunSed, 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 SunSed Services.
h2. 9. Software Updates
9.1 9.1. The Software which you use may automatically download and install updates from time to time from SunSed. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit SunSed to deliver these to you) as part of your use of the Service.
h2. 10. Modification and Termination of the SunSed Services
10.1 SunSed 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 SunSed Services which SunSed 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 SunSed Services will be effective with respect to all versions of the SunSed Services; examples of changes to the form and nature of the SunSed Services 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 SunSed Services. You may not receive any refunds if you cancel your account.
10.3 You agree that SunSed, 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 SunSed Services may be without prior notice, and you agree that SunSed 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 SunSed Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
10.5 Upon any termination of the SunSed Services or your account these Terms will also terminate, but Sections 6.1, 10, 11, 12, 13, and 17 shall continue to be effective after these Terms are terminated.
h2. 11. EXCLUSION OF WARRANTIES
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT SUNSED'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 SunSed SERVICE IS AT YOUR SOLE RISK AND THAT THE SUNSED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
11.3 SUNSED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SUNSED SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUNSED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SUNSED SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SUNSED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SUNSED SERVICES WILL BE ACCURATE.
h2. 12. LIMITATION OF LIABILITY
12.1 SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUNSED, 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 SUNSED'S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT SUNSED HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
h2. 13. Indemnification
13.1 You agree to hold harmless and indemnify SunSed, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "SunSed 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 SunSed Services, (c) your violation of applicable laws, rules or regulations in connection with the SunSed Services, 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 attorney's' fees, of every kind and nature. In such a case, SunSed will provide you with written notice of such claim, suit or action.
h2. 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 SunSed'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.
h2. 15. Other Content
15.1 The SunSed Services may include hyperlinks to other web sites or content or resources or email content. SunSed may have no control over any web sites or resources which are provided by companies or persons other than SunSed.
15.2 You acknowledge and agree that SunSed 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 SunSed is not liable for any loss or damage which may be incurred by you or your End Users 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.
h2. 16. Changes to the Terms
16.1 SunSed 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 SunSed Services after the date on which the Terms have changed, SunSed will treat your use as acceptance of the updated Terms.
h2. 17. General Legal Terms
17.1 The Terms constitute the whole legal agreement between you and SunSed and govern your use of the SunSed Services (but excluding any services which SunSed may provide to you under a separate written agreement), and completely replace any prior agreements between you and SunSed in relation to the SunSed Services.
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 SunSed 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 SunSed may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the SunSed Services. By providing SunSed your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
17.5 You agree that if SunSed does not exercise or enforce any legal right or remedy which is contained in the Terms (or which SunSed has the benefit of under any applicable law), this will not be taken to be a formal waiver of SunSed's rights and that those rights or remedies will still be available to SunSed.
17.6 SunSed 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 The Terms, and your relationship with SunSed under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and SunSed agree to submit to the exclusive jurisdiction of the courts located within the county of Orange County, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SunSed 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. Google, Inc. is not connected with and does not sponsor or endorse SunSed or its use of the work.