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
must be 13 years or older to use this Service.
must be a human. Accounts registered by "bots" or other automated methods are
must provide your legal full name, a valid email address, and any other
information requested in order to complete the signup process.
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
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.
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
you are using a free account you are not permitted to block any advertising
that is used within the application.
person or legal entity may not maintain more than one free account.
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
valid credit card is required for paying accounts. Free accounts are not
required to provide a credit card number.
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.
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.
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.
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.
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
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.
of your Content will be immediately deleted from the Service upon cancellation.
This information can not be recovered once your account is cancelled.
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.
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
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
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.
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
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
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.
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.
use of the Service is at your sole risk. The service is provided on an "as is"
and "as available" basis.
support is only provided to paying account holders and is only available via
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.
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.
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.
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.
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.
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.
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.
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
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.
- 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.
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).
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.
- 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).
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.
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.
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
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
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Last updated: 11 April 2013.