TERMS OF SERVICE
Date of Last Revision: 11/25/2012
1. ACCEPTANCE OF TERMS
GotoSSH is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR
USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE,
YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL
THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY
SERVICES IN THE SITE.
2. MODIFICATIONS OF TERMS OF USE
GotoSSH reserves the right, at its sole discretion, to modify or replace the
Terms of Use at any time. You shall be responsible for reviewing and becoming familiar
with any such modifications. Continued use of the Services by you constitutes your
acceptance of the terms and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, GotoSSH may offer to provide certain
services and content, as described more fully on the Site, ("Services"). Services shall
include, but not be limited to, any service and content GotoSSH performs for you, as well
as the offering of any materials displayed, transmitted or performed on the Site or through
the Services (including, but not limited to text, terminal sessions, articles, data, images, also known as the "Content").
GotoSSH may change, suspend or discontinue the
Services including any Content for any reason, at any time, including the
availability of any feature or content. GotoSSH may also impose limits on certain features
and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with GotoSSH and select a
password, username ("GotoSSH Account"), and email address. You shall provide GotoSSH with accurate, complete, and
updated registration information. Failure to do so shall constitute a breach of the Terms of Use,
which may result in immediate termination of your GotoSSH account. You may not (i) select or use
as a GotoSSH Account a name of another person with the intent to impersonate that person;
(ii) use as a GotoSSH Account a name subject to any rights of a person other than you without appropriate
authorization; or (iii) use as a GotoSSH Account a name that is otherwise offensive, vulgar or obscene.
GotoSSH reserves the right to refuse registration of, or cancel a GototSSH Account at its discretion. You
shall be responsible for maintaining the confidentiality of your GotoSSH password.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful
or prohibited by these Terms of Use, or any other purpose not reasonably intended by GotoSSH.
By way of example, and not as a limitation, you agree not to use the Services:
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing,
obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you
agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or
solicitation designed or intended to obtain password, account, or private information from remote systems;
- to violate any laws in your jurisdiction;
- to take any action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure;
- to interfere or attempt to interfere with the
proper working of the Site or any activities conducted on the Site;
- to bypass any measures we may use to prevent or restrict access to the Site;
- to attempt to impersonate another user or person;
GotoSSH may remove any Content and GotoSSH accounts at any time for any reason (including, but not limited to,
upon receipt of claims or allegations from third parties or authorities relating to such Content), or
for no reason at all. To report Terms of Use abuse, please email us at
.
6. CONTENT ACCESSED THROUGH THE SERVICE
By connecting using the Service to connect to remote systems, you represent and warrant
that you are authorized to connect to such system.
When you use the Services of the Site, you authorize and direct us to relay secure copies
of data between our system and remote systems. GotoSSH does not assert any ownership over systems
and data you access via Service; rather, as between us and you, GotoSSH makes every reasonable
effort to secure all relayed data and to never store any such data in the system.
7. GOTOSSH PRIVACY POLICY
GotoSSH's current privacy policy is available at gotossh.com/privacy
(the "Privacy Policy"), which is incorporated by this reference.
8. INDEMNITY
You will indemnify and hold harmless GotoSSH, its parents, subsidiaries, affiliates,
customers, vendors, officers and employees from any liability, damage or cost (including reasonable
attorneys. fees and cost) from (i) any claim or demand made by any third party due
to or arising out of your access to the Site, use of the Services, violation of the
Terms of Use by you, or the infringement by you, or any third party using your account,
of any intellectual property or other right of any person or entity.
9. WARRANTY DISCLAIMERS
You acknowledge that GotoSSH has no control over, and no duty to take any action regarding:
which users gain access to the Site or use the Services; what effects the Content may have on you;
how you may interpret or use the Content; or what actions you may take as a result of having
been exposed to the Content. You release GotoSSH from all liability for you having acquired
or not acquired Content through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
10. LINKS
The Services may provide, or other parties may provide, links to other World Wide Web sites or
resources. Because GotoSSH has no control over such sites and resources, you acknowledge and agree that
GotoSSH is not responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge and agree that GotoSSH
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL GOTOSSH OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE
OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS
OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT.
12. TERMINATION
GotoSSH may terminate or suspend any and all Services and your GotoSSH account immediately,
without prior notice or liability, if you breach any of the terms or conditions of the
Terms of Use. Upon termination of your account, your right to use the Services will
immediately cease. If you wish to terminate your GotoSSH account, you may simply
discontinue using the Services, and cancel any active payment agreement. All provisions of the Terms of Use which by their
nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
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