Fuse Labs Docs Beta Service Agreement
Microsoft Service Agreement
Last updated: April 2010
THANK YOU FOR HELPING TEST MICROSOFT SERVICES!
This is a contract between you and Microsoft Corporation. This contract sometimes refers to Microsoft as “we,” “us” or “our.” This contract applies to the Fuse Labs Docs beta web site and services (including research/pre-release services), including all updates, support, and content that display or link to this contract and that you use while this contract is in force. This contract refers to all of these as the “service.” Your use of the service may be subject to posted notices or codes of conduct. All such notices and codes of conduct are incorporated by reference into this contract.
You may use the service only if you agree to these terms. If you do not agree, do not use the service. This contract limits our liability and disclaims warranties for the service to the maximum extent permitted by law. These terms are in sections 12 and 13 of the contract and we urge you to read the terms carefully.
1. How and When You May Use the Services
We provide the service for your personal, non-commercial use to evaluate and provide us feedback on the service. There is no charge to you for testing the service. The service may require you to create an account to use the service. If so, you may start using the service as soon as you have finished the sign–up process. Some parts of the service may not be available right away while we configure them for your use.
In using the service, you must
- obey all applicable laws, rules and regulations,
- obey any codes of conduct or other notices we provide,
- obey the Microsoft Anti-Spam Policy,
- keep any service account password secret, and
- promptly notify us if you learn of a security breach related to the service.
How You May Not Use the Service
In using the service, you may not
- engage in, facilitate, or further unlawful conduct;
- use the service in any way that harms Microsoft or its advertisers, affiliates, resellers, distributors and/or vendors or any customer of ours or customer of our advertisers, affiliates, resellers, distributors or vendors;
- use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful information;
- upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Microsoft or “meta-searching”);
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
- damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone’s use and enjoyment of the service; or
- resell or redistribute the service, or any part of the service.
3. You Are Responsible For Your Service Account
Only you may use your service account. You are responsible for all activity that takes place with your service account. You may not authorize any third party to access and/or use the service on your behalf except where Microsoft provides a mechanism for third parties to access the service on your behalf.
4. How We May Change This Contract
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
5. Changes to the Service; If We Cancel the Service
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops immediately. Once the service is cancelled or suspended, any data you have stored on the service might not be available to you later. You are responsible for taking necessary steps to back up your data.
6. Your Content
You may be able to submit content for use in connection with the service. You understand that Microsoft does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the content you post or provide on the service.
The service may include public areas available to the general public and shared areas available to others you or Microsoft have selected. If you share content with others on the service, in either public or shared areas, then you understand that others with whom you have shared content may use that content.
You understand that Microsoft may need and you hereby authorize Microsoft to use, modify, copy, distribute and display content posted on the service to the extent necessary to provide the service. This includes:
- storing and retrieving the content;
- making the content available to you and to those members of the public who have access;
- conforming to connecting networks' technical requirements; and
- conforming to the limitations and terms of the service.
You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.
7. Links to Third-party Web Sites.
The service may contain links to third-party Web sites. These third-party Web sites are not under Microsoft’s control. If Microsoft has included these links in the service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by Microsoft of any third-party Web site, service or product. Microsoft reserves the right to disable links to any third-party Web site that you or other customers post on the service.
In order to operate and provide the service, we collect certain information about you. As part of the service, we may also automatically upload information about your machine, your use of the service and service performance. We use and protect that information as described in the Fuse Labs Docs Privacy Statement, [http://www.docs.com/main/privacy]. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers or the public.
9. Microsoft Authentication Network
If you give us feedback about the service, you give Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft site, software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this contract.
11. Our Notices to You; Your Notices to Us
This contract is in electronic form. We have the right to send you information about the services in electronic form. There may be information about the services that the law requires us to send to you. We may send this information to you in electronic form.
We may provide required information to you
- by e-mail at the e-mail address you specified when you signed up for the service, or
- by access to a Microsoft web site that will be designated in an e-mail notice sent to you at the time the information is available; or
- by access to a Microsoft web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must stop using the service.
12. No Warranty
We provide the service “as-is,” “with all faults” and “as available.” Microsoft makes no guarantee about the reliability, accuracy or timeliness of information available from the service.
We and our affiliates, resellers, distributors and vendors (collectively, the “Microsoft Parties”) give no express warranties, guarantees or conditions. You bear the risk of using it. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement.
13. Liability Limitation
Microsoft will not be liable to you for any damages related to the services, including direct, consequential, lost profits, special, indirect or incidental damages, to the maximum extent the law permits.
This limitation applies to anything related to:
- the service,
- content (including code) on third party Internet sites, third party programs or third party conduct,
- viruses or other disabling features that affect your access to or use of the service,
- incompatibility between the service and other services, software and hardware,
- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if
- this remedy does not fully compensate you for any losses, or fails of its essential purpose, or
- Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
14. Applicable Law and Place for Resolving Disputes
Washington state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this contract.
15. Contract Interpretation
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract, together with any codes of conduct and other notices we provide, is the entire contract between Microsoft and you regarding the service. It supersedes any other contract or statements related to the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a service). The section titles in the contract do not limit the other terms of this contract.
Microsoft may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
All contents of the service are Copyright © 2010 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.
Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights, have permission from the owner, or such sharing is otherwise legal.
Microsoft is a registered trademark of Microsoft Corporation. Trademark information is available at http://www.microsoft.com/about/legal/intellectualproperty/trademarks/default.mspx. Any rights not expressly granted are reserved.
Notices and Procedures for Making Claims of Copyright Infringement
Under Title 17, United States Code, Section 512 (c ) (2), notifications of claimed copyright infringement should be sent to our Designated Agent. All inquiries not relevant to the following procedure will not receive a response. See Notice and Procedure for Making Claims of Copyright Infringement. See Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm
Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support. Community powered assistance is provided at http://www.getsatisfaction.com/docs/.