Trial Website Agreement Terms         

You (the "User"), by using, or accessing the trial FoxSuite website and software (collectively the “Services”), agree to be bound and abide by the terms and conditions of this Agreement with DCASoft.

1.  OVERVIEW:

You agree that the trial FoxSuite website, which includes all software and documentation, contains copyrighted materials that are the proprietary property of DCASoft.. These materials may only be used or accessed as specifically provided for in this Agreement.

You agree that you will only use the Services if you are a person over 18 years of age. You agree that the Services will be used only by you and/or members of the Organization named in your application.  

You agree that you will not copy, modify, rent, lease, loan, sell, distribute, reverse engineer, or otherwise attempt to discover any programming code used in or with the Services. You may not sell, assign, sublicense, or otherwise attempt to transfer any right in the Services, create derivative works based on or in any manner commercially exploit the Services, in whole or in part.

You agree that violations by you, or any other person or entity, of these copyrights, or the terms of this Agreement can be prosecuted to the fullest extent of the law.

The Services are offered on an "as is" basis, and used by the User solely at his or her own risk.

2.  TRIAL WEBSITE USAGE:

  1. The User is granted a non-exclusive, non-transferable temporary license, subject to the terms and conditions of this Agreement, to use the Services only on a computer that temporarily accesses the Services directly from the DCASoft web site.
  2. Usage of the trial website may only be maintained by a User who fully provides truthful  information on the sign-up application, and the User must always comply with the terms of this Agreement.
  3. The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any other computer or other device, or to copy or otherwise use such information to create derivative works.

3.   SERVICES:

  1. Trial Websites are granted for a period not to exceed 7 calendar days.  At the end of the 7 day trial period, DCASoft may offer the User a continuation agreement (for fee) or remove the website completely at its sole discretion.
  2. The User may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.
  3. The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or otherwise use the Services except as explicitly provided for in this agreement.
  4. The User may not store, publish, or give the Services to others, or otherwise enable its use by others.
  5. All users shall not attempt to undermine the security or integrity of computing systems or networks of DCASoft or its website provider, and must not attempt to gain unauthorized access.
  6. Trial websites are limited in total size to 100Mb of storage space including the FoxSuite software application (~20Mb).  DCASoft will monitor webspace usage, and can delete data and documents from websites which exceed storage limitations.
  7. Trial websites are limited to 5Gb total monthly transfer rate.  DCASoft will monitor total transfer usage, and will attempt to notify users where bandwidth transfer rates exceed limitations.  If necessary, DCASoft can remove websites which violate transfer rate limitations.

4. LAWFUL PURPOSE

  1. Services provided to or used by the User must only be for lawful purposes.
  2. Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited.
    1. This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
    2. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
  3. Users are prohibited from using DCASoft's services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which DCASoft deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials.
  4. The User agrees to indemnify and hold harmless and defend DCASoft from any claims resulting from the User's use or User's allowed use by others of the Services which damages either DCASoft, or another party or parties.

5.   LIMITED LIABILITY:

  1. User shall defend, indemnify, save and hold DCASoft harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided by or to User.
  2. User shall defend, indemnify and hold harmless DCASoft against any and all Liabilities caused directly or indirectly by the User or any person who User allows to access the Services.
  3. Under no circumstances, including negligence, shall DCASoft, or any one else involved in creating, producing or distributing DCASoft services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the DCASoft service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to DCASoft records, programs or services. This paragraph shall apply to all content and functionality of DCASoft's Service.

6.   TRADEMARKS & COPYRIGHTS:

  1. User warrants that it has the right to use any trademarks, processes, or other materials it uses with the Services.
  2. User warrants that its content does not infringe any third party copyrights or patents.

7.   SERVICE RELIABILITY AND WARRANTIES:

  1. DCASoft makes no warranties or representations of any kind, whether expressed or implied for the Services.
  2. Users, use of services are at Users sole risk. DCASoft does not warrant that any service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the DCASoft Service.
  3. DCASoft also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of DCASoft is at the User's own risk, and DCASoft specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  4. Under no circumstances will DCASoft bear any responsibility for any damages arising as a consequence of such unavailability.
  5. This Agreement constitutes the entire understanding of the parties.

8.   TERMINATION

  1. DCASoft may terminate Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
  2. Normal termination of this agreement will occur 7 days following initiation.  This 7 day period constitutes the trial.  No notice is required by DCASoft to terminate the trial period and remove trial website materials.

12/12/06