TERMS OF USE

This UseMyApps.com Client Agreement (Client Agreement, Agreement or Terms of Use) is a legal agreement between you (Client, Customer or User) and UseMyApps.com (UseMyApps.com or RAM Computer Consulting) for the UseMyApps.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By subscribing to, installing, or using the Software Application Services, you agree to be bound by the terms of this Client Agreement. If you do not agree to the terms of this Client Agreement, you are not authorized to use the Software Application Services.

Copyright

The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.

All title and copyrights in and to the Software are owned by UseMyApps.com or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

Grant of License

This Client Agreement grants you the right to use the Software Application Services that you subscribe to. You agree to use a secure and standard web browser such as Microsoft Internet Explorer or Netscape Navigator to access the Software Application Services. You may not make copies of any Software Application Services for any reason, or reverse engineer, decompile, or disassemble the Software, without express written permission from UseMyApps.com. You must comply with all applicable laws regarding the use of the Software.

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. Customers alone are responsible for the content you create, publish and/or communicate when using our services as well as the consequences of any such content or communication. You agree that you will not use our services to engage in illegal activities. You further agree not to use our services to send any message or material that is unlawful or gives rise to civil liability.

In order to ensure that UseMyApps.com is able to provide high quality services, which are responsive to customer needs, you must consent to UseMyApps.com's employees being able to access your account and records on a case-by-case basis to investigate complaints. UseMyApps.com shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of terms of service may result in immediate suspension of a user's account.

Customer retains ownership of all Customer's data, created by Customer and rightfully belonging to Customer, while properly accessing the Software Application Services under Customer's login ID. UseMyApps.com is committed to protecting your privacy (see UseMyApps.com Privacy Statement). UseMyApps.com will not use, sell, rent, trade or otherwise disseminate or disclose Customer's data to itself or any third party, except as required by law or by Customer's authorized written request or consent.

Packages and Prices

"Packages" means UseMyApps.com proposals for offering use of the Software Application Services. Packages are typically measured in terms of number of responses, transactions or components. All prices for Packages provided by UseMyApps.com are in US dollars. Customer shall be responsible for paying all taxes of any nature which become due with regard to UseMyApps.com’s Software Application Services, except for taxes on UseMyApps.com’s income, irrespective of which party may be responsible for reporting or collecting such taxes.

UseMyApps.com will invoice and/or debit Customer's account at the time of the initial order, and upon the purchase of upgrades or additional packages.

UseMyApps.com promises to deliver according to the terms of our Service Level Agreement, and offers a satisfaction guarantee.

Customer's data is accessible at all times, as defined in the Service Level Agreement, from your standard web browser, and from any location with a proper connection to the Internet. UseMyApps.com will provide Customer with reasonable mechanisms for viewing, reporting on and downloading Customer's data, as applicable, into reasonably popular standard format of UseMyApps.com's choosing (e.g., .txt, .csv, tab delimited, Microsoft Excel, etc.). These mechanisms are included as part of the standard service, at no additional charge.

Customer retains control of Customer's data, as specified above, and can delete (erase) it at will. UseMyApps.com keeps for its permanent record only the transactional information necessary to track and document usage.

Order Acceptance and Payment

All orders are subject to acceptance by UseMyApps.com. Payments are due generally within 30 days upon presentation of UseMyApps.com's invoice. Customer is invoiced upon account activation, renewal, monthly usage, project commencement and project completion, or as otherwise negotiated with Customer. In some cases advance payment, or a deposit, may be required. Should payment in full of any invoice not be received by UseMyApps.com within sixty (60) days after the invoice date, UseMyApps.com may impose a debt service charge amounting to one percent (1%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In the event that any amount remains unpaid sixty (60) days after presentation of invoice, UseMyApps.com may discontinue, withhold, or suspend services to Customer. A $25.00 fee may be charged to Customer for returned checks and/or rejected credit card payments.

Limitation of UseMyApps.com’s Obligations and Liability

UseMyApps.com will utilize its commercially reasonable efforts to maintain acceptable performance of the Software Application Services it provides (see Service Level Agreement). But UseMyApps.com makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. UseMyApps.com will utilize its commercially reasonable efforts to maintain backups of the system and databases for disaster recovery purposes. UseMyApps.com will utilize its commercially reasonable efforts to secure the applications and databases using proper and standard security methods and protocols. Customer has control over their data, and can delete (erase) it at will. UseMyApps.com will not be liable for the inadvertent erasure, corruption or disclosure of data by Customer.

UseMyApps.com shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions, whether or not caused by the fault or negligence of UseMyApps.com.

UseMyApps.com's liability to Customer, and any end user of any plan or other UseMyApps.com service, is limited to the amount paid to and received by UseMyApps.com for services. In no event shall UseMyApps.com be liable to customer, or any end-user, or any other entity, for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if UseMyApps.com has been advised of the possibility of such damage.

Customer will take all necessary measures to preclude UseMyApps.com from being made a party to any lawsuit or claim regarding UseMyApps.com services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless UseMyApps.com from any and all claims of whatever nature brought by any of Customer's customers against UseMyApps.com in excess of the amount paid to and received by UseMyApps.com for services not accepted.

Property Rights

UseMyApps.com owns all right, title and interest in UseMyApps.com's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of plans and the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This Client Agreement does not constitute a license to Customer to use UseMyApps.com's trade names of service marks.

Confidentiality

Customer acknowledges that by reason of its relationship with UseMyApps.com hereunder, it may have access to certain information and materials related to UseMyApps.com's business, plans, customers, software technology, and marketing strategies that is confidential and of substantial value to UseMyApps.com, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by UseMyApps.com, without express written permission from UseMyApps.com.

Reciprocally, UseMyApps.com acknowledges that by reason of its relationship with Customer hereunder, it may have access to certain information and materials related to Customer's business, plans, customers and marketing strategies that is confidential and of substantial value to Customer, which value would be impaired if such information were disclosed to third parties. UseMyApps.com agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Customer, without express written permission from Customer.

The provisions of this section shall survive the termination of the agreement for any reason.

Jurisdiction, Partial Invalidity, Entire Agreement

You agree to indemnify, defend and hold harmless UseMyApps.com  , its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will waive to the benefit of UseMyApps.com's successors, assigns and licensees.

These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to its conflict of laws or your actual state or country of residence.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by UseMyApps.com .