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October 08

CodeRun - Terms of Use:

Dear User : Welcome to CodeRun! CodeRun is an online rich integrated development environment developed and produced by CodStore Inc., a Delaware corporation. This License Agreement (“Agreement”) describes the legal framework in which You participate on CodeRun’s Service, what Your rights and responsibilities are and what You can expect from us. CodeRun requires that all persons visiting and using codeRun’s site read and agree to abide the following terms and conditions. Underneath these Terms of Use please find Our Privacy Policy.
Terms and definitions:

“Service” as defined at article 1 hereunder.
"User Work" as defined at article 12 hereunder.

“You” or “Your” or “Users” refers to all the people using the Service users, including legal entities of any kind, sort or origin, and will include all types of the Service usage online and offline.
“We”, “Our” and “Us” refers to CodStore Inc., a Delaware corporation.

By clicking the “I Accept” button at the user application form You agree the following terms and conditions stipulated in this Agreement, and they shall constitutes a binding Agreement between You and us. This agreement along with Our privacy statement (which is part of this agreement) constitute the entire agreement, and supersedes any other agreements or understandings (oral or written), between You and Us with respect to their subject matters. You may print and keep a copy of these Terms. They are a legal agreement between You and Us and can only be modified with Our consent in accordance to article 4 .

1. The Services. We offer You a unique, online, rich integrated development environment that enables You to create, write, manage, deploy, compile, debug and administrate code, using CodStore’s Intellectual property (“Service”).

2. Using the Service.

2.1. While using the Service, it is forbidden to: (i) use the Service if You are not able to form legally binding contracts or You are under the age of 18; (ii) upload, publish, store or transmit unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material especially while encountering and interacting with and among other users of the Service; (iii) send spam, unauthorized advertising or otherwise duplicative or unsolicited messages in violation of applicable laws; (iv) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (v) use Our Service in an illegal way and for illegal purposes that is opposed to any applicable law; (vi) hack or break any security mechanism on the Service or use the Service in a manner that causes a security risk to Us, to any user of Our service, to any third party or to any of Our or their customers or may subject us or any third party to liability, damages or danger.

2.2. We reserve the right to access your account in any case of malfunction at your account, that could influence and harm the Service or other User’s accounts, in order to minimize damages.

2.3. Even though We are making extensive efforts in order to prevent this kind of behavior and conduct detailed in sub-article 2.1 above, We are not responsible for the actions of and content uploaded, created or transmitted by, users of Our Service.

3. User’s rights and responsibility. (i) All material, data and source code uploaded, created and stored on Your Service account is Your personal intellectual property. CodeRun shall not have any ownership claim regarding Your personal material, data and source codes; (ii) Your IP account imposes You full responsibility on all operation taking place in Your account; (iii) You shall maintain Your account’s details, e.g. Your user name and password, unreachable to unauthorized use and You shall notify us upon knowledge of disapproved usage of Your account and any account abuse ; (iv) You are obliged to use Your account in accordance to all provisions stipulated in the Agreement and all applicable law, local and of the US.

4. Changes.

4.1. We reserve the right, at Our sole discretion, to modify, add, update or remove any portion of this Agreement or the fee plans, in whole or in part, at any time. You will be notified 14 days in advance in any case of change of the terms of the Agreement or fee plans. Your use of the Service after such notification shall be deemed to constitute Your acceptance of the changes and Your agreement to be bound by the revised terms.

4.2. We may, at Our own discretion change, terminate, suspend or discontinue any aspect of the Service, including the availability of any features of the Service, at any time. We may also impose limits on certain features and services or restrict Your access to parts or all of the Service upon infringement of this Agreement, without notice or liability. The abovementioned changes shall be published on the Service’s site and You shall receive a written notice regarding the changes and their extent.

5. Links. The Service contains links to external sites. The following conditions shall apply to the use of these links, without derogating from the other conditions in this License Agreement:
The links are solely for the convenience of the User. Unless otherwise stipulated by the Service, no legal or commercial relationship exists between the external sites and us, and We have no control over the content of said third party sites. We are not responsible for the content, accuracy, opinions expressed at any third party sites and the usage of them is at Your own risk. Links to third party sites shall not be construed as an endorsement, recommendation or favoring by us, including documents and other materials to be found therein, of the operators of said sites or of products offered on said sites.

6. Term and Termination. The term of this Agreement will commence, and You may begin using the Service, once You agree to the terms and conditions of this Agreement by clicking the “I Accept” button and complete the registration process for Your Service account (“Term”). The Agreement will be automatically renewed upon payment of the monthly fee, under the same contract terms and conditions. You may terminate Your account, at Your own discretion, at any time. The termination request shall be effective 2 working days after the submission of a termination notice at our support desk (service@codeRun.com).

6.1. Termination of Cause. We reserve the right to terminate or suspend Your account without prior notification upon using the Service in a forbidden way, as detailed on articles 2 above, or in an Agreement infringing manner. We will erase any violating accounts, unless We receive a written request within 7 business days as of the Agreement's infringement, requesting to withdraw content from Your account. We reserve the right to erase and remove any data or content that might harm and/or damage Our Service or the Our Customers.

6.2. Termination without cause. We reserve the right to terminate and suspend Your non-paying, free Service account, at Our sole discretion, upon a 7 business day notice. During this term we will not take any actions to intentionally erase or damage any of the data created and stored by You.

6.3 Upon termination of the Agreement all Your rights under this Agreement shall be immediately terminated. However, in any case of termination other than termination of cause (Article 6.1 above) you shall be entitled to Our assistance in retrieving Your Data and User Work.

7. Fees.

7.1. Free Users. Users of a Free plan or during a free period are not obliged to pay Us any fee. However, all non-paying users are subject to all terms and conditions of the Agreement, Inter Alia.

7.2. Paying Users.

7.2.1. You agree to pay all charges, fees, installation and reconnection fees and any other fees and charges due under this Agreement in accordance to the account plans published on the Service’s site.

7.2.2. Every month, each User shall be charged by credit card, with the monthly User fee and shall be emailed an invoice detailing the amount due. If the account fee is not paid in full within 30 days of delay, the access to Your account shall be suspended, until all outstanding fees are resolved. We keep the right to erase Your account, 45 days after the unpaid-fee due date.

7.2.3. Changes of the Service fees shall be effective only after We provide You with at least 14 days' notice by posting the changes at the Service’s site. However, We may choose to temporarily change the fee plans for promotional events. Such changes are effective when We post the temporary promotional event at the Service. We may, at Our sole discretion, change some or all of Our Service fee plans at any time. In the event We introduce a new pricing plan, the fees for that plan shall be effective at the plan’s launch.

7.2.4. Users of the Service are not charged with sales tax. Unless otherwise stated, all fees are quoted in US Dollars (USD).

7.3 Bandwidth and Disk Usage. We will monitor Your bandwidth and disk usage on a calendar month basis and shall have the right to take corrective actions if your bandwidth or disk usage exceeds the agreed usage in accordance to the payment plan chosen by You. Such corrective action may include the assessment of additional charges as specified at the Service, disconnection or discontinuance of any or all Services, or termination of this Agreement, at Our sole discretion. Please notice that, Unused agreed usage or bandwidth allocations cannot be carried over to future months or applied to other servers.

8. No Representations or Warranties Regarding Content. THE SERVICE’S TECHNOLOGY AND CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED OR STATUTORY REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE TECHNOLOGY AND CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE TECHNOLOGY AND CONTENT.

WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY TECHNOLOGY AND CONTENT AVAILABLE FOR DOWNLOADING FROM THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON THE SERVICE.

9. Limitation of Liability. We shall not be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, goodwill, business interruption, or loss of profits, arising out of or in any way connected with the use of all sort or the inability to use the Service, even if You were advised of the possibility of such damages or losses.

10. Indemnification. To the fullest extent permitted by law, You agree to indemnify and hold Us, Our directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and Users harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of (i) the information or material You submit, including, but not limited to, liability for violations of copyrights, trademark rights, trade secret rights, or any other intellectual property rights, or the privacy or publicity rights of others, or liability for information or material You provide that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, or is fraudulent or deceptive, (ii) Your use or unauthorized Usage of the Service or any of its content, or (iii) Your violation of this License Agreement or any applicable laws or regulations.

11. Intellectual Property Rights. The Service and its materials, including but not limited to its Source Code, content, screens and text, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Service and its materials, violate such laws and the Agreement. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Service, materials or any portions of the Service. In addition, You agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Service.

12. Severability. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

13. Force Majeure. Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.

14. General. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.

October 2008

Privacy Policy

Our Privacy Policy covers all the gathering, usage, preservation and disclosure of information and content that may be collected by Us anytime You are using the Service. This Privacy policy is written with understanding to the significance and importance of Your privacy matters.
Terms and definitions for this Privacy Policy:
"Personal Information" means personally identifiable information such as Your name, user name, passwords, street address, telephone number, billing information (e.g. ,credit card information), domain names, log information and email address.
“User works” means all works and information such as source code, content, and applications that are written, built, created and stored by You, using Our Service.

1. Personal Information. We are making great efforts and precautions to keep Your Personal Information secure. All personally identifiable information is subject to restricted access procedures to prevent unauthorized access, modification or misuse. We will not forward your Personal Information to any 3rd party and under no circumstances, except under a lawful court order. We may use the Personal Information in order to improve the Service, to fit the Service to Your changing needs and to provide You account analysis. In any time, You are free to correct and update Your Personal Information.

2. User Works. All User Works shall remain Your own property.

3. Cookies. Cookies are files or pieces of information that are stored by Your browser on Your computer's hard drive. We may use cookies to collect other information during Your visit to Our web site, such as the particular site areas You visit and the features or services You use through Our Service. We may collect this information to better fit Our Service and features to Your interests and needs. Cookies may also be used to help speed up Your future activities at Our Service.

4. Merger and Acquisitions. In any Case We become involved in a merger, acquisition, or any form of sale of some or all assets with another entity, We will notify all affected users before any Personal Information and User Works are transferred and become subject to a different privacy policy and License. You shall be granted the right to retrieve all Personal Information and User Works.

5. Children Privacy Protection Act. We are committed to protect the online privacy of children and making the Internet safe for Our users. Our service is not meant to serve children under 13 and We do not knowingly collect Personal Information from users under this age. We encourage parents of children under 13 to regularly check and monitor their children's use of e-mail and other activities on line.

6. Changes. We reserve the right to change or remove this Privacy Policy at Our discretion. We will post any new policy at the Service and We encourage You to get frequently updated and stay informed.

Contact us. Please write to us at service@codeRun.com if You have any comments or questions about this Privacy Policy or to report any violations and misuse of Our Privacy Policy. We will respond to You within 48 hours in most cases.