Terms Of Service

This Dwel Hosting Agreement is between Loyalsoft and the person/persons who use our Dwel hosting services (Customers). 

Services
Loyalsoft agrees to provide Dwel hosting services, both the free and the paid hosting options, subject to the terms of this Agreement. Please read carefully to ensure you understand our terms before signing up for or purchasing any of our products or services. We do not mislead customers with hidden costs.

Conditions
Both the free and the paid hosting options are offered subject to data storage and bandwidth limitations, as advertised at the time of the sign up. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or move their Dwel to another host. Going over the allotted data storage space or the bandwidth may cause Dwel to malfunction. 
We will take all reasonable steps to help you maintain your Dwel in good working order, however, we are not obligated or contractually bound to do so. Ultimately, your Dwel is your responsibility and we will not be liable for any damages incurred (either directly or indirectly) as a result of your use of our hosting services. 
We reserve the right to ban accounts for continuous problems. If customers sign up for a paid account and cancel it within the first month they will still be charged for the full first month.

Payments
For paid accounts, renewal notices are emailed three days before the actual renew date in your account. All accounts are set up on a pre-paid basis. If payment is not received by the due date a $10 fee will be added. Loyalsoft reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Loyalsoft to request for termination of services. There is no fee for cancelled accounts, however Loyalsoft will not refund any payments already made. Loyalsoft will not refund any payments in the event of account termination due to breach of terms of this Agreement or any applicable Acceptable Usage Policies. 

Server Abuse
Any attack or attempt to undermine or cause harm to our servers or to other customers of Loyalsoft or it's service providers will result in action against you. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
Loyalsoft will strongly react to any use or attempted use of an account for Internet scamming, including tricking other people into releasing their passwords, password theft, security hole scanning, etc. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, uploading malicious scripts, uploading pornographic or any other illegal content.

Customer Information
Customer represents and warrants to Loyalsoft that the information he or she has provided and will provide to Loyalsoft for purposes of establishing and maintaining the service is accurate. Customer represents and warrants to Loyalsoft that he or she is at least 18 years of age. Loyalsoft may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

Indemnification
Customer agrees to indemnify and hold harmless Loyalsoft, Loyalsoft's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or any applicable Acceptable Usage Policies by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Loyalsoft AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Loyalsoft's SERVICES.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Loyalsoft's SERVERS.

Disclaimer of Warranties
Loyalsoft does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Loyalsoft disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.

Request For Customer Information
Customer agrees that Loyalsoft may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any end users that Loyalsoft believes violates applicable law, and (ii) provide any information that it has about Customer or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Loyalsoft notwithstanding any agreement by Loyalsoft to provide back up services.

Changes To Loyalsoft's Network
Upgrades and other changes in Loyalsoft's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Loyalsoft reserves the right to change its network in its commercially reasonable discretion, and Loyalsoft shall not be liable for any resulting harm to Customer.

Notices
Notices to Loyalsoft under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majored
Loyalsoft shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Loyalsoft's control, including, without limitation, any failure of network or hosting services by Loyalsoft's providers, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing/Law Disputes
The Agreement shall be governed by the laws of the State of Victoria, exclusive of its choice of law principles, and the laws of Australia, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

Copyright Files
All files stored on Loyalsoft's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limited to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should any unlicensed and/or illegal files be discovered within your account, it will constitute a breach of terms.

DWEL END USER LICENSE AGREEMENT

In plain language:

1. Loyalsoft, the developer of Dwel, owns all intellectual property and copyrights associated with it
2. Dwel is yours free, to do as you will, as long as you don't do anything illegal 
3. You may not use Dwel or any part of it (including any portion of the source code) for anything other than personal and/or family use.
4. You may not make money, or profit in any other way, from Dwel or any part of it (including any portion of the source code), outside of its intended functionality.
5. Loyalsoft may revoke your right to use Dwel if you breach any of these conditions

The Lawyer version:

1. Definitions
In this Agreement, unless the context otherwise requires,
Product means the cloud-based household and lifestyle management software package known as Dwel;
Licensor means Loyalsoft, the developer of the Product;
Licensee means an individual or a group of individuals engaged in the use of a single instance of the Product.
Agreement means this agreement, made between the Licensor and the Licensee;
Terms means the terms and conditions of this Agreement;

2. License Grant
The license under this agreement entitles the Licensee to use and/or modify the Product for personal, non-commercial purposes, subject to Limitations on Use and Limitations on Derived Works.

3. Limitations on Use
3.1 The Product may not be used for any unlawful act, as defined by the laws and statutes of any state, territory or country affected by the act.
3.2 The Product may not be used to develop any other product, commercial or otherwise, unless it falls under the intended functionality of the Product.

4. Limitations on Derived Works
The Licensee may not create any derivative works based upon the Product for use by any third party, including other individuals and organisations of any kind.

5. Ownership
Licensor or its subsidiaries retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Product.

6. Warranties and exclusions
6.1 Unless otherwise explicitly agreed to in writing by the Licensor, all representations, guarantees, conditions and warranties of any nature are expressly excluded.
6.2 The Licensor, its directors, officers, employees, or agents will not be liable to the Licensee or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind.

7. Licensee indemnity
The Licensee will indemnify the Licensor, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with the use of the Product, including but not limited to, any modification of the Product which causes the Product to infringe the intellectual property rights of a third party.

8. Variation of Terms
The Licensor reserves the right to amend the terms of this agreement from time to time without the Licensee's explicit agreement. While all reasonable attempts will be made to notify the Licensee, The Licensee agrees to be subject to the amended terms whether or not made aware of any changes.

9. Termination
Without prejudice to any other rights, the Licensor may terminate this Agreement immediately and without further notice, if the Licensee fails to comply with the Terms of this Agreement. In such event, the Licensee must immediately cease any and all use of the Product.