Terms & SLA

Last updated: February 1, 2011

By using Docuter (www.docuter.com), a service of Accusoft, you are agreeing to the following Terms of Use, which may be updated by us from time to time without notice to you. Throughout the following agreement, please refer to the following definitions:

• Content - All information or data that you provide to Accusoft, or that you upload or store on Accusoft's servers.
• Service - The Docuter SAAS product services according to your purchase or to your free use.
• Account - Your rights to access Service and Content according to these Terms of Use and including accounts you have assigned under your account.

Description of Service

Docuter (www.docuter.com) is a Software as a service (SaaS) that helps individuals, entrepreneurs, self employed, small business owners and professionals to perform online document sharing, document collaboration, project management and calendar sharing. With Docuter you can increase efficiency, increase profitability while having the ownership and access to your content anytime and anywhere. You are responsible for gaining access to the Service and that access may involve third party fees (such as Internet service provider). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Unless explicitly stated otherwise, any new features or modifications to the current Docuter operated by Accusoft, shall be subject to these Terms of Use.

-         You must be 13 years or older to use this Service

-         Accounts registered by automated methods are not permitted.

-        You understand and accept that use of this Service is at your own risk.

-         You must provide your legal full name, billing address, 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 are responsible for maintaining the security of your account and password. Accusoft cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

-         You agree not to share your username and password with other people.

-         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 agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity or a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services.

-         You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law.
 
 

Trial Version

New Docuter users are provided unlimited access to a Docuter for 30 Days ("Trial Version") to evaluate, test and use the Service. The Trial Version of the Service is provided at no cost to the user. While using the Free Trial Version, Docuter may restrict the length of time, number of days, storage limits, page views, number of participating members and the number of Workspaces created and owned by the user. Within the initial 30 day period of the Free Trial Version, user may choose to upgrade to a paid account resulting in end of your free trial period. You will be billed for your first month immediately upon upgrading. Docuter reserves the right to change the terms of the Free Trial Version at any time. All of your Content will be immediately deleted after end of free trial period, unless you upgrade to a paid account before the end of free trial period. The deleted information cannot be recovered.

 

Fees and payment

-         You agree to cover the relevant charges for purchases from Accusoft. Unless we state otherwise, all charges are not refundable. On your every purchase from Accusoft, you affirm that you will be responsible for such charges, even if your membership is canceled or terminated. In case of Charge-back Request from our Merchant bank, we reserve the right to immediately interrupt Customer's Account until the Charge-back Request has been formally settled between Accusoft and the Merchant Service Authority.

-         If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. All of your content, data, information, text, files, documents, images and feeds will be immediately deleted from the Service.

-          There will be no pro-rate refunds upon cancellation of service. All payments rendered are non-refundable. You may cancel at anytime, by simply logging into your account and processing online. Refunds and/or credits cannot be issued for partial months or periods pre-paid in advance.

-         Services are billed in advance and in accordance with the payment schedule you select: monthly, quarterly or annually. Accusoft will continue to bill your credit card or invoice you automatically on the monthly, quarterly or annual billing cycle in accordance with the payment schedule you select.

-         All fees are exclusive of all taxes or duties imposed by taxing authorities.

-         Accusoft has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Accusoft 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.

No resale of service

You agree not to reproduce, duplicate, copy, sell, or resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

 

Copyright and Content Ownership

-         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 documents to be shared publicly, you agree to allow others to view and share your Content.

-         Accusoft does not pre-screen Content, but Accusoft have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

 

General Conditions

-         You agree to receive administrative and legal notices about the Service electronically via email.

-         Technical support is only provided to paying account holders and is available via phone and email.

-         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, Accusoft, or any other Accusoft service.

-         You agree not to "reverse engineer," change, modify, hack, make derivative works, exploit, or crack any portion of the Service for the purposes of storing, licensing, sublicensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party. You agree not "crawl" or "spider" or release any automated software or service to obtain information stored, saved or contained on any web page as part of the Service.

-         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 Use.

-         Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Accusoft customer, employee, member, or officer will result in immediate account termination.

-         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 for some products.

-         You agree not to upload, post, email or transmit otherwise any other unlawful unsolicited email including "spam" to Docuter or any users of the Service.You agree not to knowingly upload, post, email or transmit otherwise any material that contains, software viruses, trojan horses, worms, files or programs intended to interrupt, destroy, deface or limit the use, access or functionality of the Service.

-         You agree not to upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive or obscene. Docuter, in its sole discretion, may remove content and block user access to any content that it determines to be illegal, threatening, pornographic, abusive, obscene or in violation of another party's intellectual property.

-         If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Accusoft) of other Docuter customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. Docuter reserves the right to limit the file download and/or bandwidth capacity of any or all sites in its sole discretion if it deems such limitation to be in the best interests of the operating performance across all sites. In addition, Docuter reserves the right to limit the number of e-mails transmitted from its servers for any individual site or group of related sites on a daily basis in its sole discretion. For continued use, additional charges may apply.

-         Accusoft does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

-         You acknowledge, understand and agree that Docuter cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. We strive to protect your personal information but Docuter cannot ensure or warrant the security of any information you transmit to our website or services. Any data transmissions you make over the internet are done so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.

-         In the event of an interruption of service, user agrees to hold Docuter harmless and not liable for any minor, material or consequential loss to the user's business, practice or services.

-         You agree to defend, indemnify, and hold harmless Docuter, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.

-         You expressly understand and agree that Accusoft 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 Accusoft 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.

 

 

 

Our Ultra Simple Service Level Agreement

Except for Free Trial Customers, We guaranty that Docuter Service will be available 99% of the time in any given monthly billing period, excluding scheduled maintenance. If we fail to meet this guaranty, you will be eligible to receive a credit to your account. The credit will be calculated as a percentage of your last billed fee for the Docuter service. Credits will be based on the duration of the unavailability that exceeds the 99% threshold from the minute you open an incident report with our support team.

Unavailability means complete Docuter site is down and returns a server error response to a valid user request during two or more consecutive 2 minute intervals. Unavailability does not mean parts or certain pages of Docuter site are not responding.

You are not entitled to a credit if you are in breach of your services agreement with Accusoft (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if the unavailability would not have occurred but for your breach of your agreement with Accusoft or your misuse of Accusoft service.

To receive a credit, you must contact Accusoft Docuter Support Team within thirty (30) days following the end of the unavailability.

This Service Level Guaranty is your sole and exclusive remedy for Accusoft Docuter Service unavailability.

 

Modifications to the Service and Prices

-         Accusoft 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 Docuter website (www.docuter.com) or the Service itself.

-         Accusoft shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

The failure of Accusoft to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Accusoft LLC and govern your use of the Service, superceding any prior agreements between you and Accusoft (including, but not limited to, any prior versions of the Terms of Use). Please report any violations of the Terms of Use to Accusoft.