Terms of Service

Last updated: 22nd August 2021

 

 

These Terms of Service are a contract between you and Radical Solutions and Technologies LLC (referred to in these Terms of Service as “Radical Solutions and Technologies”, “Radstec”, “radstec.com”, “curowebs”, “curowebs.com”, “us”, “we” or “our”), the provider of the curowebs.com website and the services accessible from the curowebs.com or its sub-domain websites (which are collectively referred to in these Terms of Service as the “CuroWebs Service”, “Service” or “Site”).

You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the CuroWebs Service. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

 

 

Your Account

  • Eligibility: Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 18 years of age or older.

  • Registration Information: You must provide a valid permanent email address, along with any other information required by CuroWebs during the registration process.

  • Password: You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy.

  • Restrictions: You may not use the CuroWebs Service for any illegal or unauthorized purpose. You must not, in the use of the CuroWebs Service, violate any laws in your jurisdiction. You also agree not to:

    • Systematically retrieve data or other content from the Service to a compile database or directory without written permission from us

    • Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

    • Use the Service to advertise or sell goods and services

    • Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

    • Engage in unauthorized framing of or linking to the Service

    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

    • Make improper use of our support services, or submit false reports of abuse or misconduct

    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

    • Interfere with, disrupt, or create an undue burden on the Service or the networks and services connected to the Service

    • Attempt to impersonate another user or person, or use the username of another user

    • Sell or otherwise transfer your profile

    • Use any information obtained from the Service in order to harass, abuse, or harm another person

    • Use the Service or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise

    • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service

    • Attempt to access any portions of the Service that you are restricted from accessing

    • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

    • Delete the copyright or other proprietary rights notice from any of the content

    • Copy or adapt the Service software, including but not limited to HTML, JavaScript, or other code

    • Upload or publish any materials protected under copyright, trademark, or trade secret laws unless with the express authorization of the owner; or any material likely to defame or invade the privacy of any individual or organization

    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Service, or any material that acts as a passive or active information collection or transmission mechanism

    • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service

    • Use the Service in a manner inconsistent with any applicable laws or regulations

    • Threaten users with negative feedback or offering services solely to give positive feedback to users

    • Misrepresent experience, skills, or information about a User

    • Advertise products or services not intended by us

    • Falsely imply a relationship with us or another company with whom you do not have a relationship

 

 

Your Content

By posting or publishing your content or comments or transmitting your data (“Content”) using CuroWebs Service, you give CuroWebs permission to display and distribute your Content in order to provide the features, functionality and services.

By posting and publishing your Content, you represent and warrant that your Content does not infringe, violate or misappropriate any third-party right, including any trademark, copyright, trade secret, patent, privacy right, right of publicity, or any other intellectual property or proprietary right. You retain ownership of your User Content.

You agree not to publish, or incorporate into any products you create on the Website and/or publish using the Service: (i) Content with the purpose of causing harm or inciting hate, or content that could be reasonably considered as harmful, libelous or defamatory; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort;

CuroWebs reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. You understand that publishing your User Content using the Service is not a substitute for registering it with the U.S. Copyright Office, or any other rights organization.

 

 

Trial Services

If you are using a free trial, a proof of concept version of the SaaS Products, a beta version of the SaaS Products, or using the SaaS Products on any other free-of-charge basis including any related support services to the extent provided by CuroWebs in its sole discretion (collectively, “Trial Services”), CuroWebs makes such Trial Services available to you until the earlier of: (i) the end of the free trial or proof of concept period or beta testing period as communicated by CuroWebs; (ii) the start date of any purchased version of such SaaS Products; or (iii) written notice of termination from CuroWebs (“Trial Services Period”). CuroWebs grants you, during the Trial Services Period, a non-exclusive, non-transferable right to access and use the Trial Services for your internal evaluation purposes. You are authorized to use Trial Services only for evaluation and not for any business or productive purposes, unless otherwise authorized by CuroWebs in writing. Any data you enter into the Trial Services and any configurations made to the Trial Services during the term of such Trial Services will be permanently lost unless: (a) You purchased a subscription to the same SaaS Products as covered by the Trial Services; or (b) exports such data or configurations before the end of such free period. There is no guarantee that features or functions of the Trial Services will be available, or if available will be the same, in the general release version of the SaaS Products, and you should review the SaaS Products features and functions before making a purchase. CuroWebs will be under no obligation to provide you any maintenance or support services with respect to the Trial Services.

 

 

Fees

Unless otherwise provided in the applicable Form; (i) the Service is purchased as a subscription; (ii) you may switch the subscription package during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added; (iii) any added subscriptions will terminate on the same date as the underlying subscriptions; and (iv) where applicable additional users can be added for an agreed price.

Except as otherwise specified; (i) the Fees are based on the subscription purchased; (ii) all Fees are non-cancellable and all fees paid are non-refundable; and (iii) the Subscription Fee cannot be decreased during the relevant Term.

The Fees set out in an order form shall be charged for the Term of the Terms of Service.

All Fees exclude any Value Added Tax (or other sales tax) legally payable on the date of the invoice, which shall be paid by you in addition, where applicable.

CuroWebs may revise fee rates for the Service from time to time and will provide you with email notice of any changes in fees at least thirty (30) days prior to the Service renewal date. Any increase in charges will not apply until the expiry of your then-current billing cycle.

Your account is set to automatic renewal. CuroWebs will automatically charge you for renewal fee according to the subscription plan that you have selected, on or after the renewal date associated with your account, unless you have canceled the Service prior to its renewal date.

After successful renewal, the Service will be made available with the technical and economic conditions existing at the time of renewal of the Service and executing the renewal process.

 

 

Payment

Payments can be made by Credit Card. You authorize CuroWebs to charge such fees using the preferred payment method that you have selected. Payment shall be made in the currency and as specified by CuroWebs in the pricing of the selected plan.

You are responsible for paying all taxes, levies, duties, or similar governmental assessments of any nature assessable by any jurisdiction whatsoever that may be associated with your purchases hereunder. If we are legally obliged to pay or collect any such taxes, levies, or duties for which you are responsible under this clause, CuroWebs will invoice you for this cost and you will pay that amount unless you provide CuroWebs with a valid tax exemption certificate authorized by the appropriate taxing authority.

 

 

Violation of these Terms of Service

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that CuroWebs has no obligation to prescreen or monitor your access to or use of the CuroWebs Service or any information, materials or other content provided or made available through the CuroWebs Service, but has the right to do so. You hereby agree that CuroWebs may exercise at our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

 

 

Cancellation

You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from the “Billing” page. The Account Admins are the only Users with access to this page.

Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Admin to CuroWebs for a 14-day period. Cancelled accounts cannot be recovered or restored from CuroWebs following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

 

 

Termination

CuroWebs reserves the right to terminate any free trial accounts 14 days after the trial period ends.

CuroWebs, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

 

 

Modifications to the CuroWebs Service and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CuroWebs Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.

Prices of all CuroWebs Service plans are subject to change. If CuroWebs does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least six (6) months notice via email.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the CuroWebs Service.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice provided, however, we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the CuroWebs Service. Your continued use of the CuroWebs Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current CuroWebs Service, including the release of new tools and resources, will be subject to these Terms of Service.

 

 

Intellectual Property and Content Ownership

We claim no ownership rights over the content submitted or created exclusively by you in your CuroWebs Service account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the CuroWebs Service to you.

Similarly, any reporting data we collect from your use of the CuroWebs Service remains yours. By using the CuroWebs Service you agree that we can use this data to provide the CuroWebs Service to you, and you also agree that as long as the data is anonymized and does not identify you, or your end-users, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to otherwise use it to provide the CuroWebs Service.

The contents of the CuroWebs Service, the CuroWebs Software and the CuroWebs SAAS platform are copyrighted under the United States copyright laws (© 2021 - Radical Solutions and Technologies). CuroWebs, curowebs.com, and the CuroWebs logos, are trademarks of Radical Solutions and Technologies LLC and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the CuroWebs Service.

 

 

Account Access

In some cases, it is necessary for CuroWebs employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing CuroWebs employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as such in your communication with our support team and those requests will be honored to the extent possible.

 

 

DMCA Policy

CuroWebs is an Internet “service provider” and respects the legitimate intellectual property rights of others and expects our users to do the same. It is our policy to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others in accordance with the U.S. Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).

You may contact our agent for notice of claimed infringement with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

For notifications of claimed infringement regarding materials posted on CuroWebs, all notices should be addressed to our agent at: dmca@radstec.com

 

 

Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, SOFTWARE AND SERVICES OFFERED THROUGH THE WEBSITE ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND CUROWEBS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUROWEBS DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CUROWEBS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS CONTENT OR THE SERVICES. CUROWEBS HAS NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA, AND CUROWEBS MAKES NO CLAIMS OR WARRANTIES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE CONTENT, SOFTWARE AND SOLUTIONS OFFERED THROUGH THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE’S INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.

 

 

Limitation of Liability

You agree that CuroWebs shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if CuroWebs has been advised of the possibility of such damage. In no event shall CuroWebs entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

 

 

Indemnification

You agree to indemnify and hold harmless CuroWebs, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the CuroWebs Service in violation of another party’s rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the CuroWebs Service, except where such use is authorized by CuroWebs.

 

 

Jurisdiction and Venue

These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of California, USA without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of California and the federal courts situated in California in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.

 

 

End of Terms of Service

If you have any questions about this Agreement, please contact us at support@radstec.com

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