Posted on Dec 11, 2007
These are the Pubget Inc, Standard Terms And Conditions for the Supply of the Pubget Application Service ("the Service"). These terms apply to you as a user of the Service ("client"). It is intended to ensure that you know your rights and obligations when using the Service.
Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions.
Please look out for any amendments to these Terms and Conditions that Pubget ("we") might make in the future. From time to time we will make amendments to them by giving you notice of the change and you will then be obliged to comply with these terms and conditions as amended or cease using the Service.
This Agreement commences on the date when you first search or otheriwse use Pubget's site and continues until either party terminates by 30 days notice in writing to the other party. On termination or expiry of this Agreement for any reason, we may delete all of the data from any storage media.
You are given the opportunity to backup and take local copies of the data at any time.
These terms and conditions are the terms on which we provide the Service to you. These terms constitute the Agreement in its entirety and supersede prior Agreements. We may modify these terms as applying to any Agreement, the pricing structure for any Service or the terms of the operation by general notice on a page of the Internet referred to on the our Home Page, and any use after that publication will constitute an acceptance of that modification.
2.1 We will assign you a logon name and password which will provide you with access to the Pubget web site.
2.2 Scheduled Maintenance. We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the smallest number of customers. If scheduled maintenance requires the service to be off-line for more than 30 minutes we will post details of the scheduled maintenance to the Web Site at least 48 hours in advance of the maintenance.
2.3 Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, we will post details of the event to the Web Site after the maintenance has been completed.
2.4 Archiving of Data. We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data from your own backups. This process requires that you maintain a recent copy of your data at your premises at all times.
3.1 This service is currently free for users.
4.1 We do not warrant that: a. the services provided under this Agreement will be uninterrupted or error free; or b. the services will meet your requirements, other than as expressly set out in this Agreement.
4.2 Except as expressly provided to the contrary in this Agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this Agreement, are excluded. Where any statute implies in this Agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this Agreement. However, our liability for any breach of the term will, if permitted by that statute be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.
4.3 You warrant that a. at the time of entering into this Agreement you are not relying on any representation made by us which has not been stated expressly in this Agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced; b. you will conduct such tests and computer virus scanning as may be necessary to ensure that your computer is not infected in a way that will harm the service c. you will keep secure and non-transferrable any passwords used to conduct searches and ensure any institutional passwords are kept secure in accordance with your Institutions requirements;
4.4 You accept responsibility for all information and material you issue over any Service, and indemnifies us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.
4.5 You agree to abide by our Acceptable Use policy.
4.6 You are solely responsible for dealing with persons who access the client data, and must not refer complaints or inquiries in relation to such data to us.
4.7 Except as provided in clause
4.2. We are not liable to you or any other person for:- a. any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; b. the content, context or confidentiality of any communications made using the Service.
5.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:
during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable;
if the Customer fails to comply with any Agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
6.1 the client grants to Pubget a license to use and reproduce all Client Data in order to fulfil its obligations under this Agreement. This does not extend you institutional access credentials and to using your information for other commercial means. We will not sell private information to 3rd parties.
6.2 A provision of, or a right created under this Agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
6.3 This Agreement and the transactions contemplated by this Agreement are governed by the law in force Massachusetts.
6.4 You may not assign its rights and obligations under this Agreement without our prior written consent.