This agreement defines the terms and conditions of using the website located at AcademicPersona.com. The Website is owned and operated by AcademicPersona.com. All pages within the http://AcademicPersona.com Website, and any material made available for download by the Website, are the property of AcademicPersona.com. Please read these Terms of Use carefully. You acknowledge and agree that use of this Website indicates your agreement to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please promptly exit this Website.

The Website includes software services and access to software libraries that assist with the development of personal academic websites and each such User Website is hosted at AcademicPersona.com. The website development and hosting services are sometimes collectively referred to as the “Services”.

1.Use of the Website.

a.The Website is protected by international copyright and trademark laws. Except in connection with the intended operation and function of the Website, no portion of the content or information contained within the Website or content or information delivered as a result of visiting the Website may be reprinted, republished, modified, or distributed in any form without the express written permission of AcademicPersona.com.

b.During the authorized operation and use of the Website, your internet browser software may create one or more copies of the executable code, graphics files, data files, and other information and data transmitted to your computer (the “Cached Information”). The Cached Information must be stored solely on your local disk drive and used solely in support of the authorized operation and use of the Website and for no other purpose.

c.You may not reverse engineer, decompile or otherwise attempt to extract the source code, algorithms, operational flow, data structures, or object structures of the Website, or any portion thereof, unless expressly permitted or required by law, or you have written authorization from AcademicPersona.com to do so.

d.You must not modify or remove any proprietary notices, including copyright notices, contained on the Website or any materials obtained in connection with your use of the Website.

e.All rights not expressly granted by these Terms of Use are reserved by AcademicPersona.com.

2.Developers of Personal Websites.

a.If you develop a User Website to another person using our Services, you are solely responsible for the website and for any harm resulting from the use and execution of that website. You agree to indemnify, defend and hold harmless AcademicPersona.com and its employees from any claim, demand, liability or loss arising out of or related to the development, storage, execution and use of your User Website.

b.You agree not to use AcademicPersona.com for the following prohibited uses:

i.Personal health information (any information subject to HIPAA regulations) may not be stored in the AcademicPersona.com system.

ii.Credit card numbers, or other information subject to PCI regulations, may not be stored in the AcademicPersona.com system.

3.Visitors to User Websites.

Access to each User Website is through a custom domain name (example.com). Regardless of the website address, you acknowledge and agree that AcademicPersona.com is not responsible for the User Website or for any harm resulting from your use and execution of that website. You access, execute and use each User Website in your own discretion and at your own risk.

4.Copyright Infringement.

a.In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, AcademicPersona.com will terminate access to User Websites that infringe the intellectual property rights of any third party.

b.If you believe that any material on the Website or any User Website infringes any copyright that you own or control, you may send a notification of the infringement to the following: admin@AcademicPersona.com

c.AcademicPersona.com will give notice of a claim of copyright infringement by either an email sent to the user’s e-mail address or by a written communication sent by first-class mail to a user’s postal address.

5.Privacy Policy.

AcademicPersona.com’s Privacy Policy is an integral part of, and incorporated into, this Terms of Use. The Privacy Policy can be found at http://AcademicPersona.com/privacy or by contacting AcademicPersona.com to request a copy of the policy.

6.Fees for the Services.

We charge mutually agreed upon service fees only after the successful completion of the project. If you are not satisfied with our final product or services, you do not pay.

7.Termination of the Services.

a.You may terminate or cancel the Services at any time, with or without cause, by providing AcademicPersona.com with an eMail notice. Notice must be sent to admin@AcademicPersona.com with a subject line of “Cancellation of Services”. There is no pro-rata refund of Fees.

b.Each party has the right to immediately terminate the Services if the other party has been provided a minimum of 15 days prior written notice of any breach of these Terms of Use (including non-payment of invoices) but fails to cure each breach identified in the notice. The party terminating these Terms of Use must send written notice to the other party setting forth the date of termination and identifying each breach that has not been cured.

c.On the termination date, you will lose all access to the Services and AcademicPersona.com will terminate access to all of your User Websites. On your request, and for 30 days after the termination date, AcademicPersona.com will use commercially reasonable efforts to export to you any content and data on its servers that is owned by you. Beginning 30 days after the termination date, AcademicPersona.com has the right to delete all source code, data and other information associated with each of your User Websites.

 

8.Limited Warranty and Disclaimer; Limitation of Liability.

Excluding down time for maintenance, AcademicPersona.com warrants and represents the services and user websites will be up and available to you and other Internet users for a minimum of 99.9% of the time during each calendar month (the “minimum service level”). AcademicPersona.com will use commercially reasonable efforts to (i) perform maintenance during a time period beginning at or after 6:00 p.m. through 5:00 a.m. (the next day) and (ii) provide you with notice in advance of any scheduled maintenance expected to last more than 10 minutes. Your sole and exclusive remedy for any month during which AcademicPersona.com does not provide the minimum service level for the services or your user website, you may request a refund of the applicable fees for that calendar month. The refund will be applied as a credit against future fees.

9.Links or Pointers to Other Sites. AcademicPersona.com makes no representations about any other web site that you may access through this Website. You acknowledge and agree that when you access a non-AcademicPersona.com web site, it is independent from AcademicPersona.com and that AcademicPersona.com has no control over that Website including, without limitation, its content, terms of use and privacy policy. It is solely your responsibility to protect against destructive content such as viruses, worms and trojan horses.

10.Proprietary rights.

a.You acknowledge and agree that AcademicPersona.com own all legal right, title and interest in and to all content or information contained within the www.AcademicPersona.com Website and content or information delivered as a result of visiting the Website.

b.You acknowledge and agree that ACADEMICPERSONA.COM and the AcademicPersona.com logo are service marks and trade names of AcademicPersona.com. All other trademarks, service marks, logos and trade names used within the Website are the trademarks, service marks, logos or trade names of their respective owners.

c.AcademicPersona.com acknowledges and agrees that the owner of a User Website owns all legal right, title and interest in and to all content contained within the User Website, to the extent that the content does not infringe on any third-party rights.

11.Entire Agreement.

These Terms of Use constitute the entire agreement between AcademicPersona.com and you pertaining to the subject matter of this Agreement. Your continued use of this Website will indicate your agreement to be bound by the modified Terms of Use.