6X6BUILDER.COM USER AGREEMENT
Master Subscription Agreement
As part of the Service, 6x6builder.com will provide you with the use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, and use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the 6x6builder.com website incorporated by reference herein, including but not limited to 6x6builder.com's privacy and security policies.
Privacy and Security; Disclosure
6x6builder.com's privacy and security policies may be viewed at http:/www.6x6builder.com. 6x6builder.com reserves the right to modify its privacy and security policies with reasonable discretion from time to time. Note that because the Service is a hosted, online application, 6x6builder.com occasionally may need to notify all users of important announcements regarding the operation of the service.
License Grant & Restriction
6x6builder.com hereby grants you exclusive, nontransferable, worldwide right to use this Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by 6x6builder.com and its licensors. You may not access the Service if you are a direct competitor of 6x6builder.com, except with 6x6builder.com's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance, functionality, or for any other benchmarking or competitive purposes. You shall not (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (2) modify or make derivative works based upon the Service or the Content (3) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (4)reverse engineer or access the Service in order to (a)build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service, or (c) copy any ideas, features, functions, graphics, of the Service.
You are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (notify 6x6builder.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (2) report to 6x6builder.com immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or your Users; (3) not impersonate another 6x6builder.com user or provide false identity information to gain access to or use the Service.
Account information and data
6x6builder.com is not responsible or liable for any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not 6x6builder.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of all Customer Data, and 6x6builder.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), 6x6builder.com will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. 6x6builder.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including without limitation, your nonpayment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and 6x6builder.com shall have no obligation to maintain or forward any Customer Data.
Intellectual Property Ownership
6x6builder.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the 6x6builder.com Technology, the Content and the Service and any suggestion, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the 6x6builder.com Technology or the Intellectual Property Rights owned by 6x6builder.com. The 6x6builder.com name, the 6x6builder.com logo, and the product names associated with the Service are trademarks of 6x6builder.com.
You shall pay any subscription charges to your account in accordance with the billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User License fee currently in effect. Payments may be made annually, or monthly, consistent with the Initial Term, or as otherwise mutually agreed upon. You are responsible for paying all User licenses ordered for the License Term. 6x6builder.com reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.
6x6builder.com reserves the right to establish or modify its quantity limits relating to storage of Customer Data.
Billing and Renewal
6x6builder.com charges and collects in advance for the use of the Service. 6x6builder.com, via our PayPal account, will securely and automatically renew and bill you every month for monthly licenses, and each year on the subsequent anniversary for annual licenses or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless 6x6builder.com has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, 6x6builder.com reserves the right to terminate your access to the Service.
Unless 6x6builder.com in its discretion determines other wise (1)entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes ("U.S. Customers"); (2)entities with headquarters and a majority of users resident in Canada will be billed in Canadian currency. All other entities will be billed in U.S. dollars, Euros or local currency and will be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of 6x6builder.com.
Non-Payment and Suspension
In addition to any other rights granted to 6x6builder.com herein, 6x6builder.com reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). You agree and acknowledge that 6x6builder.com has no obligation to retain Customer Data and such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
Termination Upon Expiration/Reduction in Number of Licenses
This agreement commences on the effective date. Upon the expiration of the Initial Term this Agreement will automatically renew for successive renewal terms equal in duration to Initial Term (or one year, if the Initial Term is greater than one year) at 6x6builder.com's then current fees. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the current License Term, by notifying the other party by e-mailing firstname.lastname@example.org at least (10) business days prior to the date of the invoice for the following term.
Termination for Cause
Any breach of your payment obligations or unauthorized use of the 6x6builder.com Technology or Service will be deemed a material breach of this agreement. 6x6builder.com, in its sole discretion, may terminate your password, account or use of the service if you breach or otherwise fail to comply with this Agreement. In addition, 6x6builder.com may terminate a free account at any time in its sole discretion. You agree and acknowledge that 6x6builder.com has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this agreement, including but not limited to failure to pay outstanding fees, and such breach has not been resolved within 30 days of notice of such breach.
Representations & Warranties
Each party represents and warrants that it has legal power and authority to enter into this agreement. 6x6builder.com represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online 6x6builder.com help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
6x6builder.com's services may be subject to limitations, delays, and other problems inherent to the use of the internet and electronic communications. 6x6builder.com is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.
Local Laws and Export Control
This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
6x6builder.com and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
Modification to Terms
6x6builder.com reserves the right to modify the terms and conditions of this agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the service after any such changes shall constitute your consent to such changes.
Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of 6x6builder.com but may be assigned without your consent by 6x6builder.com to (a) a parent or subsidiary, (b) an acquirer of assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of 6x6builder.com directly or indirectly owning or controlling 50% or more of you shall entitle 6x6builder.com to terminate this Agreement for cause immediately upon written notice.
"Content" means the audio and visual information, documents services contained or made available to you in the course of using the Service;
"Customer Data" means any data, Information or material provided or submitted by you to the Service in the course of using the service;
"Effective Date" means the earlier of the date this agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service;
"Initial Term" means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process;
"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights.
"License Administrator(s)" means those users designated by you who are authorized to purchase licenses online for the Service;
"License Term(s)" means the periods) during which a specified number of Users are licensed to use the Service. 6x6builder.com's online application allows the License Administrator designated by you to, among other things, add additional Users to the Service;
"6x6builder.com Technology" means all of 6x6builder.com's proprietary technology algorithms, user interfaces, know-how, techniques, designs, and other intangible technical material or information made available to you by 6x6builder.com in providing the Service;
"Service(s)" means the 6x6builder.com's online customer relationship management, billing, data analysis, or other corporate services identified during the ordering process, developed, operated, and maintained by 6x6builder.com, accessible via http://www.6x6builder.com or another designated web site or IP address online, or offline products and services provided to you by 6x6builder.com, to which you are being granted access under this Agreement, including the 6x6builder.com technology and the content;
"User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by 6x6builder.com at your request.)
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send e-mail to email@example.com.