Terms and Conditions

Terapad.com ("the Service") is owned and operated by SiteJourney Ltd ("SiteJourney Ltd"). The Service is provided to you ("the User") under these Terms and Conditions.

1- ACCEPTANCE OF TERMS AND CONDITIONS

These Terms and Conditions comprise the entire agreement between the User and the Service and supersede all prior agreements between the parties regarding the subject matter contained herein.

Your use of the Service is subject to the Terapad.com Terms and Conditions. BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to these Terms and Conditions.

2- DESCRIPTION OF SERVICE

The Service provides each User with various online publishing services, including but not limited to the capability to post information to a web page hosted on the Service's internet servers. The user must provide all equipment necessary to make a connection to the World Wide Web, including a computer and broadband modem or other broadband access device.

The User agrees not to access the Service by any means other than through the web interface provided by SiteJourney Ltd.

3- MODIFICATIONS TO TERMS AND CONDITIONS

SiteJourney Ltd may change the Terms and Conditions from time to time. SiteJourney Ltd will notify the User of all changes in those terms of conditions by displaying notices or links to notices to the User generally on the Service. The User's continued use of the Service constitutes an affirmative acknowledgment by the User of the Terms and Conditions and its modifications as well as an agreement to be bound by the Terms and Conditions and Terms and Conditions modifications.

4- MODIFICATIONS TO THE SERVICE

SiteJourney Ltd reserves the right to modify or discontinue the Service (or any part thereof) with or without notice to the User.

SiteJourney Ltd shall not be liable to the User or any third party should SiteJourney Ltd exercise Terms and Conditions right to modify or discontinue the Service.

5- REGISTRATION

In order to use the Service, the User must provide SiteJourney Ltd with a full name and other information ("Registration Data"). In consideration of use of the Service, the User agrees to: (a) provide true, accurate, current and complete information as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete, or if SiteJourney Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SiteJourney Ltd has the right to suspend or terminate the User's account and refuse any and all current or future use of the Service (or any portion thereof).

Users under 13 years of age are required to have a parent or guardian review and complete the registration process.

6- PRIVACY POLICY

SiteJourney Ltd partially derives its revenues from advertising. In order to attract and retain advertisers, the aggregated, anonymous information that was gathered (as well as information from third-party market researchers) is used to describe the Service to partners and to assist the advertisers and sponsors to better understand the Service's audience. SiteJourney Ltd does not disclose personally identifying information about the Service's users to these parties.

SiteJourney Ltd may disclose information about its users when believing in good faith that the disclosure is required by law.

Please be aware that SiteJourney Ltd sponsors, advertisers or web sites that have links on the Service web site may collect personally identifiable information about you. The information practices of those parties and web sites linked to the Service's website are not covered by this privacy statement.

The User should also be aware that, when voluntarily disclosing personal information by using the Service publishing tools, or via bulletin boards or forums, that information may be collected by others and may result in unsolicited messages from others.

The safety of children is very important to SiteJourney Ltd. Whilst SiteJourney Ltd will make every reasonable effort to ensure that children's privacy and other rights are not compromised, it is ultimately the responsibility of parents to monitor their children's Internet usage. Children should always ask a parent before sending any transmission over the Internet.

7- CONTENT RESPONSIBILITY

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the User from which such Content originated. The User agrees to evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

By using the Service, the User may be exposed to Content that is offensive, indecent or objectionable.

The User stays entirely responsible for all content that the User makes available via the Service.

SiteJourney Ltd does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SiteJourney Ltd be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

8- CONTENT OWNERSHIP

Unless stated otherwise, the User will retain copyright ownership and all related rights for the Content he or she publishes through the Service.

SiteJourney Ltd may quote or reproduce portions of the User's Content (if the User has made it public) in order to promote the Service, on a fair-use-type basis.

9- SECURITY

It's a feature of the Service to allow the creation of multiple login/password combinations ("Accounts") granting access to the Service. The User stays responsible for maintaining the security of these Accounts and all activity occurring under these Accounts. Under no circumstances will SiteJourney Ltd be liable, in any way, for any acts or omissions occurring under these Accounts.

The User agrees to immediately notify SiteJourney Ltd of any unauthorized use of the User's Account(s) or any other breach of security known to the User.

10- DISCLAIMER OF WARRANTIES

SiteJourney Ltd MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE OR ITS CONTENTS (INCLUDING WITHOUT LIMITATION MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH IS PROVIDED ON AN "AS IS" AND '"AS AVAILABLE" BASIS.

SiteJourney Ltd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE.

SiteJourney Ltd MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES PROVIDED BY THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

SiteJourney Ltd ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT.

11- LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SiteJourney Ltd SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SiteJourney Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

12- EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

13- STORAGE AND OTHER LIMITATIONS

SiteJourney Ltd assumes no responsibility for the deletion or failure to store information entered into the Service.

The Service has a fixed upper limit on the amount of storage space used per account, and a fixed upper limit on the amount of bandwidth used per account per month; however, SiteJourney Ltd retains the right, at its sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of the Terms and Conditions and may terminate the Service if a User's conduct is found to be inconsistent with the Terms and Conditions.

14- USER CONDUCT

The User is solely responsible for the contents of his or her transmissions through the Service. The User's use of the Service is subject to all applicable local, state, national and international laws and regulations.

Should Content be found or reported to be in violation with, but not limited to, the terms below, it will be in SiteJourney Ltd sole discretion as to what action should be taken. The user shall not:

1. Publish, transmit or other make available content that is unlawful, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, harmful to minors, or otherwise objectionable.
2. Attempt to exceed the scope of the Service by hacking, reverse engineering or otherwise exploiting any documented or undocumented feature of the Service.
3. Hide, alter or conceal in any way the Terapad.com logo, if present.
4. Hide, alter or conceal in any way the Terapad.com ads or any of the third party ads, if present.
5. Use the service as a backup or filesharing service.
6. Impersonate any other person or entity or misrepresent an affiliation to any person or entity.
7. Disrupt or attempt to disrupt the operation of the Service or any other system connected to the Service.
8. Use the service to send chain letters, junk mails or 'spam' emails.
9. Publish, transmit or other make available content that infringes on any patent or copyright.
10. Publish, transmit or other make available content that could interfere with the Service or servers or networks connected to the Service.
11. Publish, transmit or otherwise make available content promoting physical harm or injury against any group, individuals, or promote any act of cruelty to animals.

15- SiteJourney Ltd PROPRIETARY RIGHTS

The User acknowledges that the Content presented to the User by the Service by SiteJourney Ltd or SiteJourney Ltd's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, the User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

16- SERVICE LEVELS RELATING TO THE TERAPAD PRO SERVICE

SiteJourney Ltd shall provide the Terapad Pro Service in accordance with the service levels stated below:

A - Service Level
1. SiteJourney Ltd guarantees that the Terapad Pro Service will be available on a 99% basis All Hours (the "Guaranteed Level").
2. SiteJourney Ltd shall measure the availability of the Terapad Pro service stated in paragraph 1 above by the use of HTTP monitoring from the Network Operations Centre (situated at the SiteJourney Ltd premises) via the Internet to the server (hosted at the SiteJourney Ltd premises) every 2 minutes. If the SiteJourney Ltd Terapad Pro Service does not respond after three consecutive HTTP checks, sent at 2-minute intervals, the service will be deemed unavailable.
3. Unavailability shall be measured from the time at which the connection is deemed to be unavailable pursuant to paragraph 2 above or where the User validly informs SiteJourney Ltd that the service is unavailable.
4. Any unavailability caused by any of the following shall not be included as unavailability under paragraph 1:
(i) hacking, spamming, viruses or other hostile computer programs;
(ii) scheduled maintenance or during a period when the Service is suspended in accordance with the terms of this agreement;
(iii) events or circumstances beyond the reasonable control of SiteJourney Ltd including any events of Force Majeure or any failure of the carrier's network.
5. All unavailability measurements shall be calculated by SiteJourney Ltd. In the event of the service being deemed unavailable then the User may inspect SiteJourney Ltd's records in respect of these measurements at anytime upon reasonable notice to SiteJourney Ltd between 9.00 am and 5.00 pm GMT on a Business Day.

B - Service Credits
6. If the availability of the service in any monthly period shall fall below the Guaranteed Level, SiteJourney Ltd shall credit the User's account with one day's worth of the monthly charges for each hour or fraction thereof that the connection is unavailable (below the Guaranteed Level) during that month. However, the total amount of credit granted in respect of any single 24 hour period shall not exceed one day's worth of the monthly Charges. The maximum amount that will be credited to a User's account for any month will be 100% of the monthly charges.
7. A rebate to the User's account pursuant to paragraph 6 above will only be made where the User makes a claim in writing within fourteen (14) days of the end of the month for which the rebate is claimed.

17- INDEMNIFICATION

The User agrees to indemnify and hold SiteJourney Ltd, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's use of the Service, the violation of these Terms and Conditions by the User, or the infringement by the User, or other user of the Service using the User's computer, of any intellectual property or other right of any person or entity. The User is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

18- TERMINATION

Either the User or SiteJourney Ltd may terminate the Service with or without cause at any time and effective immediately. SiteJourney Ltd shall not be liable to the User or any third party for termination of Service.

Should the User object to any Terms and Conditions, any subsequent modifications thereto or become dissatisfied with the Service in any way, the User's only recourse is to immediately discontinue use of the Service.

Upon termination of the Service, the User's right to use the Service and Software immediately ceases. The User shall have no right and SiteJourney Ltd will have no obligation thereafter to forward any content whatsoever to the User or any third party.

SiteJourney Ltd, in its sole discretion and with or without prior notice, may deactivate or terminate the User password and/or Accounts, and remove and discard any content within the Service for any reason, including, without limitation, if SiteJourney Ltd believes that the User has violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

SiteJourney Ltd shall not be liable to the User or any third-party for any termination of the User access to the Service. SiteJourney Ltd reserves the right to bar any further access to the Service.

18- NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. SiteJourney Ltd may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to the User generally on the Service. Such broadcasts shall constitute notice to the User.

20- LINKS TO OTHER WEB SITES

Links to third party Web sites on the Service are provided solely as a convenience to you. If you use these links, you will leave the Service. SiteJourney Ltd has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, SiteJourney Ltd does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked from the Service, you do this entirely at your own risk.

21- PARTICIPATION IN PROMOTIONS OF ADVERTISERS

The User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the User and the Advertiser. SiteJourney Ltd assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

22- GOVERNING LAW AND SEVERABILITY

These Terms and Conditions will be governed by and construed in accordance with UK law. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

23- VIOLATIONS

Please report any violations of these Terms and Conditions via email at labs@terapad.com