Terms of Service
1. General
This Agreement explains the terms and conditions governing your use of the services made available to you by Young Ventures, LLC., hereinafter called "XML Control" or "We". It represents the whole agreement and understanding between XML Control and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. XML Control may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that XML Control believes is harmful to the business of XML Control or the use of the Service by others or is harmful to any other party.
XML Control reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://www.xmlcontrol.com/terms.html. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
2. Services
XML Control provides a content management system service.
Access to the system is terminated upon expiry of the "Service".
Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason.
3. Content Management System
XML Control's service provides customers with the capability to make updates to their website via the Internet. XML Control retains the right, at our sole discretion, to restrict the volume of bandwidth transmitted or received by you in order to maintain the quality of our services to other Members and to protect our computer systems.
As owner and/or operator of the equipment and other resources utilized to provide services, XML Control has the legal right to block electronic communications from other entities on the Internet.
XMLCONTROL.com is developed and owned by XML Control, and any reproduction, modification, creation of derivative works from or redistribution of the Software is prohibited.
XML Control reserves the right to monitor, modify or disable any published or in-use version of the system, without any notice. XML Control may request Member to adjust account settings or user's permissions as part of XML Control's regular application maintenance routine.
XML Control reserves the right to modify or terminate the XML Control service plan at any time for any reason, and without notice, without liability to you, the users or the application(s) or any third party.
4. Service Fees
XML Control is free to use.
5. Payment / Invoices
Payment is not accepted at this time. There are future plans to provide a paid membership option in addition to the current free plan.
6. Term / Termination
XML Control provides a content management system service.
Your Service may be terminated by XML Control under the following circumstances (non-exclusive list):
- you are in breach of any term or condition of this Agreement
- your use of the Service disrupts XML Control business operations or affects any other party
In such termination(s) all XML Control services are removed from XML Control servers including data contents.
7. Member Responsibility
When you apply to use XML Control services, you will be asked to enter your email address and a password. The email address and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard your email address and password you select from any unauthorized use. IN NO EVENT WILL XML CONTROL BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.
You are responsible for maintaining accurate account information at all times including credit card and contact information. Such information can be updated in the XML Control's Account Settings page.
You are responsible for backing up your site before updates are made using XML Control. This a safety measure in case something does go wrong. You can always resort to your backup copy.
You are responsible for maintaining your hosting server's bandwidth. XML Control does use bandwidth from your hosting server to transfer data back and forth from XML Control's server.
8. Prohibited Conduct
Your use of the Service must be in compliance with US laws and laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.
The following is a non-exclusive list of content and behavior prohibited by the Service:
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise controversial material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any XML Control service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording (or pages contained therein).
9. Notices
You agree that, unless other instructions are posted on XML Control's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by United Parcel Service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for XML Control posted on the XML Control website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
10. Privacy
The XML Control Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting of the modified Agreement to this URL: http://www.xmlcontro.com/terms.html
Email newsletters will only be sent directly from XML Control and Member information is not disclosed or sold to any third parties.
11. Reservation of Rights
XML Control reserves the right and sole discretion to:
- Censor any usage on its servers that is deemed inappropriate;
- Review any account for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels;
- Terminate an account for non-payment of service fees or providing fraudulent account information or fraudulent payment information;
- Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against XML Control or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
- Terminate any account for illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that XML Control determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
- Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
12. Limitation of Liability
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. XML Control makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. XML Control is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by XML Control.
For greater certainty and without limitation to the generality of the following:
- in no event will XML Control be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
- XML Control, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
- in no event shall XML Control be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
13. Indemnification
You agree to indemnify and hold XML Control harmless from and against, and to reimburse XML Control with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by XML Control by reason of or arising out of or in connection with:
- any breach of this Agreement by you or;
- any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or;
- illegal, pornographic, or discriminatory content on your website.
14. Force Majeure
XML Control will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
15. Unenforceable Provisions
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
16. Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of California and the federal laws of United States.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of San Diego, CA for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
17. Waiver
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
18. Entire Agreement
These Terms and Conditions, as may be updated from time to time and posted at, http://www.xmlcontrol.com/terms.html, represent the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.
Copyright © 2011 Young Ventures, LLC. All Rights Reserved.
| Table of Contents | |
| 1. | General |
| 2. | Services |
| 3. | Content Management System |
| 4. | Service Fees |
| 5. | Payment / Invoices |
| 6. | Term / Termination |
| 7. | Member Responsibility |
| 8. | Prohibited Conduct |
| 9. | Notices |
| 10. | Privacy |
| 11. | Reservation of Rights |
| 12. | Limitation of Liability |
| 13. | Indemnification |
| 14. | Force Majeure |
| 15. | Unenforceable Provisions |
| 16. | Governing Law |
| 17. | Waiver |
| 18. | Entire Agreement |
