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Terms of Service

Terms of Service

By using the OmniSharp.com, Socrato.com web sites (“Service”), all services of OmniSharp, Inc. (“OmniSharp”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). OmniSharp reserves the right to update and change the Terms of Service from time to time without notice, effective upon posting of an updated version of this Agreement on the Service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of 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. You can review the most current version of the Terms of Service at any time at: https://www.socrato.com/terms-of-service/ Violation of any of the terms below will result in the termination of your Account. While OmniSharp prohibits such conduct and Content on the Service, you understand and agree that OmniSharp cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. As part of the Service, OmniSharp will provide you with use of the Service, including a browser interface and data transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the OmniSharp.com / Socrato.com website incorporated by reference herein, including but not limited to OmniSharp privacy and security policies. For reference, a Definitions section is included at the end of this Agreement. The Service is offered in several editions which include:

  • Free Edition
  • Paid Editions

 

Privacy & Security; Disclosure

OmniSharp privacy and security policies may be viewed at https://www.socrato.com/privacy OmniSharp reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Individual users (other than Free Edition users), when they initially log in, may be asked whether or not they wish to receive marketing and other non-critical Service-related communications from OmniSharp.com from time to time. If they are asked they may opt out of receiving such communications at that time or at any subsequent time by changing their preference under Personal Setup. Free Edition users will not have the option of opting out unless they terminate their Free Edition account with OmniSharp.com. Note that because the Service is a hosted, online application, OmniSharp.com occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that OmniSharp.com can disclose the fact that you are a paying customer and the edition of the Service that you are using.

 

License Grant & Restrictions

OmniSharp hereby grants you a non-exclusive, non-transferable, worldwide right to use the 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 OmniSharp and its licensors.You may not access the Service if you are a direct competitor of OmniSharp.com, except with OmniSharp’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) 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; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) 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 or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

 

Account Terms — Your Responsibilities

  • You must be 13 years or older to use this Service.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person — a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.
  • If you are using a free account you are not permitted to block advertisements.
  • One person or legal entity may not maintain more than one free account.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You shall: (i) notify OmniSharp.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to OmniSharp.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; and (iii) not impersonate another OmniSharp.com user or provide false identity information to gain access to or use the Service.

 

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. 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.

 

Data Storage, Bandwidth and API Usage Terms

  • If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by OmniSharp) of other OmniSharp customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  • Currently OmniSharp does not limit the storage usage. If your storage usage exceeds the average storage usage (as determined solely by OmniSharp) of other OmniSharp customers, we reserve the right to immediately disable your account of or limit your file hosting and usage until you can reduce your storage consumption. If the amount of disk storage required exceeds these limits, you will be charged the then-current storage fees. OmniSharp.com will use reasonable efforts to notify you when the average storage used per license reaches approximately 90% of the maximum; however, any failure by OmniSharp.com to so notify you shall not affect your responsibility for such additional storage charges. OmniSharp.com reserves the right to establish or modify its general practices and limits relating to storage of Customer Data.

Customers may access their account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses OmniSharp.com, is bound by the terms of this agreement plus the following specific terms:

  • You expressly understand and agree that OmniSharp 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 OmniSharp has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  • Abuse or excessively frequent requests to OmniSharp.com via the API may result in the temporary or permanent suspension of your account’s access to the API. OmniSharp, in its sole discretion, will determine abuse or excessive usage of the API. OmniSharp will make a reasonable attempt via email to warn the account owner prior to suspension.
  • OmniSharp reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Score calculations and reporting

Every effort is made to create good approximation for test scores. The user is responsible for checking the validity of scoring results. If an error is identified in answers or scores, and reported by the user within 30 days of the original score and report creation, the reasonable effort will be made to fix the issue and arrange for recalculation of scores and regeneration of report for the same credit used (for paid service only).

Internet Delays

OMNISHARP.COM’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OMNISHARP.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

 

Charges and Payment of Fees

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.The initial charges will be equal to the selected services requested during the signup. Payments must be made according to selected plan in advance unless otherwise mutually agreed upon in an Order Form, Statement-of-Work or through the Online Order Center.All payment obligations are noncancelable and all amounts paid are nonrefundable. You are responsible for paying for all services ordered for the entire License Term, whether or not such services are actively used. You must provide OmniSharp.com with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized Administrator may add additional services by executing an additional written Order Form or using the Online Order Center. Added services will be subject to the following: (i) added services will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. OmniSharp.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. All pricing terms are confidential, and you agree not to disclose them to any third party.

 

Billing and Renewal

OmniSharp.com charges and collects in advance for use of the Service. OmniSharp.com will automatically renew and bill your credit card or issue an invoice to you based on selected services terms or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current fee in effect during the prior term, unless OmniSharp.com has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. OmniSharp.com’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on OmniSharp.com’s income.You agree to provide OmniSharp.com with complete and accurate billing and contact information. 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, OmniSharp.com reserves the right to terminate your access to the Service in addition to any other legal remedies. Unless OmniSharp.com in its discretion determines otherwise all entities and customers will be billed in U.S. dollars. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.Downgrading or suspending your Service may cause the loss of Content, features, or capacity of your Account. OmniSharp does not accept any liability for such loss.

 

Non-Payment and Suspension

In addition to any other rights granted to OmniSharp.com herein, OmniSharp.com reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for licenses (minimum usage fee) during any period of suspension. If you or OmniSharp initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section or accordance with the statement-of-work. You agree that OmniSharp.com may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. OmniSharp.com reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that OmniSharp.com has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.

 

Cancellation and Termination upon Expiration/Reduction in Number of Licenses

This Agreement commences on the Effective Date. For OmniSharp Free Edition licenses, the term is indefinite and may be terminated at any time in OmniSharp.com’s sole discretion. For all other editions, the Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in an Order Form. Upon the expiration of the Initial Term. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event this Agreement is terminated (other than by reason of your breach), OmniSharp.com will make available to you a file of the Customer Data (in OmniSharp data file format) within 30 days of termination if you so request at the time of termination. You agree and acknowledge that OmniSharp.com has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination. OmniSharp, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other OmniSharp service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. OmniSharp reserves the right to refuse service to anyone for any reason at any time.

 

Termination for Cause

Any breach of your payment obligations or unauthorized use of the OmniSharp.com Technology or Service will be deemed a material breach of this Agreement. OmniSharp.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, OmniSharp.com may terminate a free account at any time in its sole discretion. You agree and acknowledge that OmniSharp.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 cured within 30 days of notice of such breach.

 

Modifications to the Service and Prices

  • OmniSharp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the OmniSharp Site (www.OmniSharpcom) or the Service itself.
  • OmniSharp shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Account Information, Data Copyright and Content Ownership

OmniSharp.com does not own any data, information or material that you submit to the Service in the course of using the Service (“Customer Data”). You, not OmniSharp.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and OmniSharp.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), OmniSharp.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and OmniSharp.com shall have no obligation to maintain or forward any Customer Data.

  • We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
  • OmniSharp does not pre-screen Content, but OmniSharp and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  • In using the Sites and Services you may submit, upload, post, display, contribute, transmit, otherwise make available on the Sites or publish (collectively, “Publish”) information, text, graphics, sounds, messages, photos, music, video, links, software, data, profiles and content (collectively, “Content”). You understand and agree that when you Publish privately or publicly any Content via the Services, you are solely and entirely responsible for such Content and its origination

However, if you using Free Edition and Publish any Content on the Sites you agree unconditionally to grant OmniSharp a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, modify, reproduce, adapt, publish, translate, create derivative works from, distribute, and exercise all copyright and publicity rights with respect to any such work worldwide. Furthermore, you warrant and represent that you are either the original author of the Content or you own, have license to, or otherwise control all of the rights to Publish or make available such Content for all the purposes specified above. In addition, you warrant that such Content is not defamatory and does not infringe any law in any jurisdiction. If you do not agree to above Terms you should not Publish any Content on the Sites. You further agree to indemnify OMNISHARP against all legal fees, damages and other expenses that may be incurred by OMNISHARP as a result of your breach of the above Terms. OMNISHARP shall have the right, but not the obligation, in its sole discretion and for any reason to refuse, remove or delete any Content that violates the TOS or is inconsistent with its letter or spirit.You agree not to Publish on OMNISHARP Sites any copyrighted Content, trademarks or other proprietary information if you do not have the legal authorization of the owner(s) of the proprietary rights of such copyrighted Content or other intellectual property. The Digital Millennium Copyright Act (DMCA) limits the liability of service providers whose users are infringing upon the copyright of others and defines the reporting procedures of such infringement. It is the policy of OMNISHARP to comply with the DMCA and respond to notices of alleged copyright, trademark or other intellectual property infringement. If you believe that someone is infringing upon your trademark(s), copyright or other proprietary rights by using OMNISHARP Sites and Services we ask you to provide us via mail (not e-mail or fax) with the following:

  • Description of the copyrighted Content, trademark(s) or other intellectual property that you claim has been infringed;
  • Description of where exactly the allegedly infringing material is located on the OMNISHARP Site(s);
  • A signed by you statement that you in good faith believe that the material for which you make the claim is not authorized for use in such a manner;
  • A statement by you, made under penalty of perjury, that information given is correct and that you are the intellectual property owner or authorized person to act on behalf of the intellectual property owner’s behalf;
  • Your name, physical address, telephone number, and e-mail address;
  • Physical signature of the person authorized to act on behalf of the owner of the intellectual property for which the claim for infringement is being made.

Any notification of copyright or other intellectual property infringement found on OMNISHARP Sites should be addressed to: info[at]omnisharp[dot]com

 

Code of Conduct

You must be aware that any Content you Publish on OmniSharp Sites, excluding the private messages that are viewable only by the designated addressee, is publicly accessible on the Internet and can be seen by all OmniSharp Visitors and Members, therefore it is up to you to decide what Content to Publish and what not to Publish.By using the Sites and Services, you understand and acknowledge that you bear the sole responsibility for any Content you Publish on the Sites, and specifically you agree NOT to Publish Content that:

  • is illegal, threatening, harmful, abusive, sexually explicit, defamatory, harassing, invasive of another person’s privacy, or otherwise objectionable;
  • is racially, ethnically, religiously, or sexually offensive, or that promotes hatred;
  • is false, misleading, manipulative, misinformative, or is intended to involve Members into activity aimed at harming a third party;
  • that exploits persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • contains other person’s private data, like e-mail addresses, telephone numbers, postal addresses, etc. without his or her prior written consent;
  • is a form of “spam”, “referral marketing”, “affiliate schemes”, “junk mail”, “chain letters”, or similar online activities;
  • contains viruses, spyware, adware, or any other malicious code that could harm, destroy or interrupt the proper functioning of software programs, hardware or telecommunications equipment;
  • infringes copyrights, trade marks, patents or other proprietary rights of OMNISHARP or third parties;
  • encourages breaking any applicable local, state, national or international law or regulation;
  • represents unsolicited commercial activity or an attempt to use the OMNISHARP Sites and Services to promote or advertise goods and services;
  • impersonates any other person or entity or falsely states your involvement in an organization, cause or campaign;
  • is aimed at interrupting the normal flow of communication by flaming (sending harsh messages that abuse another participant in order to provoke his or her negative reaction), flooding (posting messages one after the other, thus making it difficult to answer), trolling (intentional posting of derogatory or inflammatory messages aimed at triggering a response from other participants) or baiting (offering unrealistic or nonexistent bargains to get somebody for entering into another deal or agreement) other participants.

Should any Content be found or Member behavior reported to be in violation with, but not limited to the above Code of Conduct, it will be OMNISHARP’s sole discretion as to what action should be taken.

 

Intellectual Property Ownership

OmniSharp.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the OmniSharp.com Technology, the Content and the Service and any suggestions, 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 OmniSharp.com Technology or the Intellectual Property Rights owned by OmniSharp.com. The OmniSharp.com name, the OmniSharp.com logo, and the product names associated with the Service are marks of OmniSharp.com or third parties, and no right or license is granted to use them.The look and feel of the Service is copyright© OmniSharp, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from OmniSharp.

 

Disclaimer of Warranties

OMNISHARP AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. OMNISHARP.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY OMNISHARP.COM AND ITS LICENSORS.

 

Limitation of Liability

You expressly understand and agree that OmniSharp and/or its licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenue, profits, goodwill, use, data or other intangible losses (even if OmniSharp 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; (v) or any other matter relating to the service.

 

Indemnity

You agree to indemnify and to hold harmless OMNISHARP, specifically its officers, directors, employees, representatives, agents, subsidiaries, affiliates, and partners from and against any and all claims, causes or action, losses, damages, suits and liabilities of every kind whatsoever, including all expenses of litigation, court costs and attorneys’ fees (including, but not limited to, all expenses of litigation and attorneys’ fees incurred by the OMNISHARP in enforcing the provisions of this Agreement), arising out of or from, incident to, or resulting from the use of the OMNISHARP Sites, and Services or any transaction related thereto. OMNISHARP, in its sole discretion, shall select counsel to defend any action pursuant to this Agreement.

 

Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of OmniSharp but may be assigned without your consent by OmniSharp to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) 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 OmniSharp directly or indirectly owning or controlling 50% or more of you shall entitle OmniSharp to terminate this Agreement for cause immediately upon written notice.

 

Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. OmniSharp.com and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. OmniSharp.com does not endorse any sites on the Internet that are linked through the Service. OmniSharp.com provides these links to you only as a matter of convenience, and in no event shall OmniSharp.com or its licensors be responsible for any content, products, or other materials on or available from such sites. OmniSharp.com provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

 

General Conditions

  • Technical support is only provided to paying account holders and is only available via email.
  • You understand that OmniSharp uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, OmniSharp, or any other OmniSharp service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by OmniSharp.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OmniSharp customer, employee, member, or officer will result in immediate account termination.
  • No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form or Statement-of-Work, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and OmniSharp.com as a result of this agreement or use of the Service. The failure of OmniSharp.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OmniSharp.com in writing. This Agreement, together with any applicable Order Form or Statement-of-work, comprises the entire agreement between you and OmniSharp.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

 

Definitions

As used in this Agreement and in any Order Forms, statement-of-work now or hereafter associated herewith: “Agreement” means these online terms of use, any Order Forms, statement-of-work, whether written or submitted online via the Online Order Center, and any materials available on the OmniSharp.com website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by OmniSharp.com from time to time in its sole discretion; “Content” means the audio and visual information, documents, software, products and 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 either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen on the user registration page or the date you begin using the Service; “Initial Term” means the contract term, beginning on the contract start date and ending on the contract end date, specified on the applicable Order Form or statement-of-work; “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; “License Administrator(s)” means those Users designated by you who are authorized to purchase services online using the Online Order Center or by executing written Order Forms or statement-of-work and to create User accounts and otherwise administer your use of the Service; “License Term(s)” means the period(s) during which a specified services are available for use pursuant to the Order Form(s), Statement-of-work; “Order Form(s) or Statement-of-work” means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “Online Order Center” means OmniSharp.com’s online application that allows the License Administrator designated by you to, among other things, add additional Services; “OmniSharp.com” means collectively OmniSharp.com, inc., a Delaware corporation, having its principal place of business at 5 Peterson Road, North Andover, MA 01845; “OmniSharp.com Technology” means all of OmniSharp.com’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by OmniSharp.com in providing the Service; “Service(s)” means the specific edition of OmniSharp.com’s online content management, learning assessment and analytics tool, or other services identified during the ordering process, developed, operated, and maintained by OmniSharp, accessible via http://www.OmniSharp.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by OmniSharp, to which you are being granted access under this Agreement, including the OmniSharp.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 OmniSharp.com at your request).

 

How to Contact OmniSharp

Should you have questions or concerns about the Terms of Service (TOS), please contact us at: info[at]socrato[dot]com