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Terms of service

The exceptional.io Terms of Service are between Exceptional Cloud Services, LLC ("we" or "Exceptional") and the customer who orders the exceptional.io services ("you" or "Customer"). By using the exceptional.io web site or any service of Exceptional (collectively, "Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Violation of any of the terms below will result in the termination of your Account.  Exceptional prohibits certain conduct on the Service as described below. You understand and agree that Exceptional cannot be responsible for conduct or activity on the Service or for "Content" transmitted, posted, or stored using the Service. You agree to use the Service at your own risk. For the purposes of this agreement "Content" means information, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images to which you may have access as part of, or through your use of, the Service.

Terms of Account ownership

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you like.
  5. You are responsible for maintaining the security of your account and password. Exceptional cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. If you are using a free account you are not permitted to block any advertising that is used within the application.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. If you initially sign up for a Mini, Medium, or Mega account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only the Republic of Ireland for VAT.
  5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Exceptional does not accept any liability for such loss.

Canceling & Closing your account

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Exceptional, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Exceptional service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the  forfeiture and relinquishment of all Content in your Account. Exceptional reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Exceptional reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Exceptional Site (www.exceptional.io/signup) or the Service itself.
  3. Exceptional shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your exceptions to be public, you agree to allow others to view and share those stated exceptions.
  2. Exceptional does not pre-screen Content, but Exceptional and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright © 2007-2010 Exceptional Cloud Service, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS/JS or visual design elements without express written permission from Exceptional Cloud Services, LLC.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that Exceptional uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Exceptional, or any other Exceptional service or application.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Exceptional.
  6. You may not access the Service for the purpose of bringing an intellectual property infringement claim against Exceptional or for the purpose of creating a product or service competitive with the Exceptional Service.
  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Exceptional customer, client, employee, member, or officer will result in immediate account termination.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Exceptional) of other customers, we reserve the right to immediately disable your account or throttle your use until you can reduce your bandwidth consumption.
  11. Exceptional does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that Exceptional shall not be liable for any  indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Exceptional has been advised of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages.
  13. .Except for liability based on willful misconduct or fraudulent misrepresentation, and liability for death or personal injury resulting from Exceptional’s negligence, the maximum aggregate monetary liability of Exceptional and any of its employees, agents, suppliers, or affiliates in connection with the services, the Terms of Service, and any act or omission related to the Services or Terms of Service, under any theory of law (including breach of contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of (i) the amount of fees you paid for the Services for the six months prior to the occurrence of the event giving rise to the claim, or (ii) Five Hundred Dollars ($ 500.00).
  14. If Exceptional, its affiliates, or any of the employees, agents, or suppliers of Exceptional (the "Exceptional Indemnitees") are faced with a legal claim by a third party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet your obligations under the Terms of Service, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine, or other amount that is imposed on the Exceptional Indemnitees as a result of the claim. Your obligations under this Section include claims arising out of the acts or omissions of your employees, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to meet your security obligations in the Terms of Service, even if the acts or omissions of such persons were not authorized by you. Exceptional will choose legal counsel to defend the claim, provide that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. Exceptional may not settle the claim without your consent, although such consent may not be unreasonably withheld. You must pay expenses due under this Section as Exceptional incurs them.
  15. The failure of Exceptional to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Exceptional and govern your use of the Service, superseding any prior agreements between you and Exceptional (including, but not limited to, any prior versions of the Terms of Service).
  16. Neither of us will be in violation of these Terms of Service if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
  17. The Terms of Service are governed by the laws of the State of Texas, exclusive of any choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America, as applicable. The Terms of Service shall not be governed by the United Nations Convention on the International Sale of Goods. Each of us agrees that any dispute or claim, including without limitation, statutory, contract or tort claims, relating to or arising out of the Terms of Service or the alleged breach of the Terms of Service, shall, upon timely written request of either of us, be submitted to binding arbitration. The party asserting the claim may elect to have the arbitration be in-person, telephonic or decided based on written submissions. The arbitration shall be conducted in the city in which you reside. The arbitration shall proceed in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA") in effect at the time the claim or dispute arose. The arbitration shall be conducted by one arbitrator from AAA or a comparable arbitration service, and who is selected pursuant to the applicable rules of the AAA. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either you or Exceptional may bring an action in any court of competent jurisdiction to compel arbitration under the Terms of Service, or to enforce or vacate an arbitration award. Exceptional will pay the fee for the arbitrator and your filing fee, to the extent that it is more than a court filing fee. Exceptional agrees that it will not seek reimbursement of our fees and expenses if the arbitrator rules in our favor. Each of us waives any right to a trial by jury, and agrees that disputes will be resolved through arbitration. No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant. Each of us agrees that we will not bring a claim under the Terms of Service more than two years after the time that the claim accrued. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
  18. You may not assign these Terms of Service without Exceptional’s prior written consent. Exceptional may assign the Terms of Service in whole or in part to an affiliate with sufficient financial standing in order to meet its obligations under the Terms of Service or as part of a corporate reorganization or a sale of its business, and we may transfer your information as part of any such transaction.
  19. Exceptional reserves the right to update and change the Terms of Service from time to time. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the amended Terms of Service as follows: Amended Terms of Service will become effective the earlier of either your acceptance of the amended Terms of Service, your continued use of the Services after written notice of the amended Terms of Service, or thirty days after the date Exceptional posts such amended Terms of Service on the Exceptional website. In addition, if over time you sign multiple orders for a single account, then the Terms of Service incorporated in the latest order posted on the effective date of the latest order will govern the entire account.
  20. Questions about the Terms of Service should be sent to hello@exceptional.io.

Last updated: 11 April 2013.