Terms and Conditions for EasyUtil Web Services

EasyUtil Web Services are provided to you by EasyUtil.com. By using the EasyUtil Web Services, you agree to be bound by the following terms and conditions (the "Terms and Conditions").

"EasyUtil.com" means the owners, affiliates, officers, directors and employees of the web site EasyUtil.com.

"EasyUtil Web Services" means collectively the web services and APIs provided by EasyUtil.com. These services are provided through XML over HTTP.

Legitimate Uses Only

You may not use EasyUtil Web Services in any way that directly or indirectly violates any laws in the United States or in other countries.

Access Key

When you complete the account creation process, you will receive an Access Key from EasyUtil.com. The Access Key is needed for all web service requests to the EasyUtil Web Services. The Access Key uniquely identifies your use of the EasyUtil Web Services. You agree that you will not disclose your Access Key to any other party. You should contact EasyUtil.com immediately if you believe a third party may be using your Access Key.

Privacy and Security

We ask you to submit your email address and other information at sign-up time. We will use your email address to send you the Access Key, as well as the information about changes and updates to the EasyUtil Web Services. We will not sell or disclose your information to any third party.

Your use of EasyUtil Web Services may involve sending your application data to EasyUtil.com. We do not examine this data, nor disclose this data to any third party. However, we have NO security or any other guarantee for your application data. Your application data will be sent to EasyUtil.com in clear (non-encrypted) requests, therefore your application data is not a secret. You should encrypt your application data before sending to EasyUtil.com. Under no circumstances shall EasyUtil.com be liable for any damage or loss of your application data.

Disclaimer of Warranties and Limitation of Liability

EasyUtil Web Services are provided on an "as is" and "as available" basis, with no warranties whatsoever. EasyUtil.com expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties with respect to EasyUtil Web Services, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. EasyUtil.com does not warrant that EasyUtil Web Services will be accessible on a permanent basis or without interruption, or that your data will not be lost or damaged. You expressly acknowledge and agree that your use of EasyUtil Web Services is at your sole risk and you will be solely responsible for any loss of data or damage to your computer systems resulting from the use of EasyUtil Web Services.

Under no circumstances shall EasyUtil.com be liable for damages of any kind as a result of your use of, misuse of, or inability to use EasyUtil Web Services. Such limitation of liability shall apply to, but not limited to direct, indirect, incidental, exemplary, punitive, special, and consequential damages, including, but not limited to, loss of data, business or projected profit. Certain states or jurisdictions do not allow the exclusion or limitation of liability on certain damages, so the above exclusions or limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless EasyUtil.com and its owners, affiliates, officers, directors, agents and employees from and against any and all claims, costs, liabilities, damages and expenses (including reasonable fees of attorneys and other professionals) in connection with any claim arising out of your use of EasyUtil Web Services. 

Beta Testing

You understand that the web services provided by EasyUtil.com that are in beta (each a "beta service") may change over the course of beta testing. We reserve the right to change or cancel any beta service, or release the beta service as a final service at any time in our sole discretion.

Termination

You may terminate this agreement by ceasing to use the EasyUtil Web Services. We reserve the right to terminate the agreement and your account at any time, with or without cause.

General Provisions

We may change these Terms and Conditions in our sole discretion at any time, by posting an update version on the EasyUtil.com website. If the newer version is not acceptable by you, your only option is to terminate your account and stop accessing the EasyUtil Web Services.

By using EasyUtil Web Services, you agree that these Terms and Conditions will be governed by the laws of the State of California, without regard to principles of conflict of laws. Any dispute relating to your use of the EasyUtil Web Services shall be adjudicated in the federal or state courts located in Santa Clara County, California. If any provision or portion of these Terms and Conditions is found to be invalid or unenforceable, the remainder of these Terms and Conditions will remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and EasyUtil.com regarding the subject matter hereof and supercede all prior or contemporaneous understanding, agreement or communication between you and EasyUtil.com, written or oral, regarding such subject matter. No modification of these Terms and Conditions will be binding to EasyUtil.com unless in writing and signed by both parties.