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Extranetic Inc. (dba com) will provide a hosted solution for
creating and deploying web surveys to you, our Customer, under the following
terms:
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| ACCOUNT, PASSWORD AND SECURITY
The section of com for survey authoring has been optimized and
tested for use on Microsoft Internet Explorer and Firefox. You agree to use
Microsoft Internet Explorer or Firefox to access com.
When you open your com account, you will create a login ID and
password. You are responsible for maintaining the confidentiality of your login
ID and password. You are also responsible for all uses of your account, whether
or not actually or expressly authorized by you.
You agree not to use com in any manner that could damage, disable or
impair any of com’s servers, computer systems or network, or
interfere with any other party’s use and enjoyment of com, or any of
com's software applications or services. You agree not to attempt to
gain unauthorized access to any of com’s software applications or
services, other accounts, servers, computer systems or networks. You agree not
attempt to obtain any materials or information not intentionally made available
through Extranetic Inc. (dba com), or to reverse engineer,
decompile, or disassemble the software code. You may not use anyone else’s
account at any time, without the permission of the account holder.
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| SERVICE PLANS AND PROMOTIONS
The service plans and promotion options are subject to change at ANY TIME at the
sole discretion of Extranetic Inc (dba com). You will be notified by
email when a change that affects your account will occur within 1 month of the
day it will go into effect. You will have the option to cancel your account
prior to the new charges going into effect. If no action is taken on your part
the new rates will go into effect on the day specified.
Pay Per Survey Plan
You retain ownership of all your data, created by you and rightfully belonging
to you, while properly accessing com under your login ID. Extranetic
Inc. (dba com) respects your privacy, and will not use, sell, rent,
trade or otherwise disseminate or disclose your data to itself or any third
party, except as required by law or by your authorized written request or
consent.
Starter - FREE Plan
We are offering you a FREE account in exchange for contributing to the AddSurveys community. Extranetic Inc. (dba com) will retain
ownership of all your surveys and data. Which at the sole
discretion of Extranetic Inc. may be shared with other members of the com community or 3rd parties in the form
of survey templates and public display of survey results. Extranetic
Inc. (dba com) will review surveys considered to be used as templates and reports BEFORE being made available to
other members or 3rd parties. Every attempt will be made to protect your privacy (personal, company, product information)
by blanking out or substituting data in place of "private" information. We are only interested in building our template library and
results database to increase value for the AddSurveys community.
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PAYMENT TERMS
You agree to be billed monthly via your credit card for all recurring and
one-time charges, including late and termination charges, for any of Extranetic
Inc.'s (dba com) services ordered by You and any fees You owe to
Extranetic Inc. (dba com). Monthly Invoice Receipts are sent to You
via email to the administrators address after a successful credit card
submission.
You understand and agree that You are responsible for monitoring and
maintaining your accounts within all plan-specified usage limits. In the event
your usage exceeds these limits for your account, You agree that Extranetic
Inc. (dba com) may charge You, at the then-published price on the
Extranetic Inc. (dba com) web site, for such excess usage. Usage and
associated charges for excess usage shall be determined based solely by the
Extranetic Inc. (dba com)'s statistical information. Unused monthly
allotments shall not accrue or carry over from one month to any other month.
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TAXES
Extranetic Inc. (dba com) shall not be liable for taxes and other
governmental fees and assessments to be paid which are related to purchases
made from You or from Extranetic Inc. (dba com)'s server. You agree
that You shall be solely responsible for all taxes, fees, and assessments of
any nature associated with services sold through the use of or with the aid of
services provided to You by Extranetic Inc. (dba com).
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TERMINATION WITHOUT CAUSE
You may terminate this Agreement at any time, for any reason, by following the
termination procedure located within the Account section of com.
Extranetic Inc. (dba com) SHALL NOT BE REQUIRED TO REFUND TO YOU
AMOUNTS ALREADY PAID FOR THE MONTH IN WHICH YOU TERMINATE THE AGREEMENT.
TERMINATION OF YOUR ACCOUNT WILL NOT CANCEL OR WAIVE ANY FEES OWED TO
Extranetic Inc. (dba com) PRIOR TO OR AT ACCOUNT TERMINATION. YOUR
DATA AND ACCOUNT SETTINGS ARE IRREVOCABLY DELETED AFTER ACCOUNT TERMINATION,
INCLUDING BUT NOT LIMITED TO, SURVEY CONTENT, DATA, REPORTS, USERS AND LISTS.
SECURING ALL NEEDED DATA FROM YOUR ACCOUNT PRIOR TO ACCOUNT TERMINATION SHALL
BE SOLELY YOUR RESPONSIBILITY.
Extranetic Inc. (dba com) may terminate this Agreement without cause
at any time, for any reason, by providing electronic mail notice of termination
to your email contact address no less than five calendar days prior to the
service termination. If the effective date of the termination occurs prior to
the end of the Agreement Term, Extranetic Inc. (dba com) shall
refund or not charge You the monthly fees for the month in which Services
terminate.
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TERMINATION WITH CAUSE
Extranetic Inc. (dba com) may terminate your account for the
violation of the terms of this Agreement or FOR any REASON DEEMED TO HARM OR
CAUSE INJURY TO Extranetic Inc. (dba com). We shall provide to you
in writing the details of the violation. We shall allow you a reasonable time
to cure any such violation prior to termination of your account.
EXTRANTIC INC (dba com) MAY TERMINATE SERVICES IMMEDIATELY AND
WITHOUT PRIOR NOTICE (TERMINATION FOR CAUSE) FOR ANY OR ALL OF THE FOLLOWING
REASONS:
ANY MATERIAL BREACH OF THIS AGREEMENT, WHICH INCLUDES BUT IS NOT LIMITED TO
VIOLATION OF Extranetic Inc. (dba com)'s ACCEPTABLE USE POLICY; OR
ANY NON-MATERIAL BREACH OF THIS AGREEMENT WHICH REMAINS UNCURED BEYOND A
REASONABLE TIME AFTER BREACH NOTIFICATION; OR FOR ANY REASON DEEMED NECESSARY
TO PROTECT COM; AND FAILURE TO PROVIDE AND KEEP CURRENT ALL CONTACT
AND BILLING INFORMATION.
IN THE EVENT OF TERMINATION FOR CAUSE, Extranetic Inc. (dba com)
SHALL NOT REFUND ANY PAID FEES. TERMINATION FOR CAUSE WILL NOT CANCEL OR WAIVE
ANY FEES OWED TO THE COMPANY PRIOR TO ACCOUNT TERMINATION.
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| PATENTS, COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL
AND PROPIETARY RIGHTS
Except for rights expressly granted herein, this Agreement does not transfer any
intellectual or other property or proprietary right to You. You agree that all
right, title, and interest in any product or service provided to You is solely
the property of Extranetic Inc. (dba com). These products and
services are only for Your use in connection with Extranetic Inc. (dba
com)'s services provided to You as outlined in this Agreement.
You acknowledge that Extranetic Inc. (dba com) does not regulate or
take any responsibility for the content of information, files, images, or other
communication transmitted to or by Extranetic Inc. (dba com). You
agree not to publish or transmit any unlawful, harmful, threatening, abusive,
harassing, defamatory, or racially and ethnically derogatory content. You
expressly warrant and represent to Extranetic Inc. (dba com) that
You have the right to use any patented, copyrighted, trademarked or proprietary
material which You use, post, or otherwise transfer to or by way of Extranetic
Inc. (dba com)'s servers.
You agree not to upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
Breach of this warranty shall be a material breach of this Agreement.
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NO WARRANTIES AND INDEMNIFICATION
Extranetic Inc. (dba com) makes no warranties of any kind, whether
express or implied, for the services to be provided hereunder. You agree that
you shall defend, indemnify and hold Extranetic Inc. (dba com)
harmless from any and all demands, liabilities, losses, costs, and claims,
including reasonable attorneys' fess, asserted against Extranetic Inc. (dba
com), its agents, servants, officers, and employees, that may arise
or result from any service provided or performed or agreed to be performed or
any service sold by You, your agents, employees, or assigns.
You, agree that Extranetic Inc. (dba com). shall not be liable for
any losses or damages of any kind to you including, but not limited to, those
that may result from service interruptions, delays, non-deliveries, or
mis-deliveries. Additionally, Extranetic Inc. (dba com) makes no
warranties regarding its ability to recover any lost data, lost files, or other
information, regardless of how or why the data or file was lost.
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LITIGATION AND ATTORNEY'S FEES
In the event of any dispute arising out of or relating to this agreement, such
dispute shall be resolved in the State of Massachusetts, County of Middlesex,
and the prevailing party in any such dispute shall be entitled to reasonable
costs, including collection costs, and attorney's fees.
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ENTIRE AGREEMENT AND SEVERABILITY
This represents the complete agreement and understanding between Extranetic Inc.
(dba com). and You with respect to the subject matter herein. In the
event that any term or provision of this agreement is held by a court to be
unenforceable, then the remaining provisions shall remain in full force and
effect.
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Quickly, effortlessly create a survey....without sacrificing any features or functionality.
Our online reports give you the information you want.
Three different views of the data help you analyze your results from different angles.
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