IMPORTANT. PLEASE READ CAREFULLY.
The document that follows this paragraph represent the Terms of Service for use of the Omni Sync Server. We think you will find it quite reasonable. Obviously, if you disagree, don't create an account. Please don't just stop there, though. Let us know. Send some email to <firstname.lastname@example.org> telling us what you find unacceptable. We can't promise to change anything, but we will read and consider your concerns, and we will respond to your email.
TERMS AND CONDITIONS OF USE
THIS TERMS AND CONDITIONS OF USE AGREEMENT (“Agreement”) IS A LEGAL AGREEMENT between you (either an individual or an entity) and Omni Development, Inc. (“the Omni Group”). By using or benefiting from the Omni Sync Server (the “Service”), you are agreeing to be bound by the terms and conditions of this Agreement, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, do not use the Service in any manner.
1. Use License; Conditions.
Any license granted to you herein is conditioned on your compliance with the terms and conditions contained in this Agreement. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Omni Group at any time for any reason.
The Omni Group grants to you a non-exclusive, limited right to use and access the Server, solely for your own internal business purposes.
The Service is provided “as is.” You are responsible for maintaining your own backups of any data you store on the Service. The Omni Group makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Omni Group does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Service or otherwise relating to such materials or on any sites linked to this site.
In no event shall the Omni Group be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Service, even if the Omni Group or an Omni Group authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. Terms of Service; Security; Availability.
(b) The Omni Group reserves the right to refuse service to any person or organization for any reason, and reserves the right to terminate the service of any existing client for any reason.
You may terminate this Agreement at any time by sending email to email@example.com. Upon termination or expiration of any subscription, The Omni Group will endeavor to keep your existing data and data files of yours available for you to retrieve for a period not to exceed sixty (60) days from such termination or expiration. Following such period, you agree that the Omni Group may permanently dispose of or delete such data and data files without notice or any obligation or liability to you.
6. Venue; Miscellaneous.
In any suit or other action to enforce any right or remedy under or arising out of this Agreement, the prevailing party shall be entitled reasonable attorneys' fees together with expenses and costs that such prevailing party incurs. Venue for any action under this Agreement shall be limited to the federal and state courts located in Seattle, Washington. The failure by the Omni Group to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.