1.1 General. This Agreement applies to your use of the Service Offerings and Software. You may access and use the Service Offerings and Software during the term of the Master Agreement in accordance with the terms of this Agreement and the Master Agreement.
1.2 Third Party Content and Open Source Software. Third Party Content may be made available directly to you by other companies or individuals under separate terms and conditions, including separate fees and charges. Because we may not have tested or screened the Third Party Content, your use of any Third Party Content is at your sole risk. Furthermore, we may use Open Source Software in the Service Offerings, including the Software. All Open Source Software is licensed to you under the open source license applicable to each module of Open Source Software. If we are required to provide you with a copy of the source code for any Open Source Software, we will do so within a reasonable time after your written request and subject to a reasonable fee.
2. Software License Grant and Restrictions.
2.1 License Grant. Your license to the Software from the Service Provider is set forth in the Master Agreement.
2.2 License Restrictions. You shall not, and you shall not permit any third party or End User to: (a) sell, resell, rent, lease, loan, license, sub-license, distribute or otherwise provide the Software to any third party; (b) reverse engineer, decompile or disassemble the Software or apply any other process or procedure to derive the source code of the Software except to the extent the foregoing restriction is expressly prohibited by applicable law; (c) modify, alter, tamper with, repair, create derivative works of or otherwise access the Software; (d) use the Software for any purpose other than expressly permitted under the Master Agreement without our prior written consent; or (d) copy or distribute the Software without our prior written consent. You represent and warrant that you will comply with all Policies, and all applicable laws, rules, and regulations applicable to your use of the Software. You may only use the Omnibond Marks in accordance with the Trademark Use Guidelines.
3. Your Use of the Service Offerings
3.1 Your Use of the Service. When you use this Service, you represent and warrant that: (a) the information you and End Users submit is truthful and accurate; (b) your and End Users’ use of this Service does not violate any Policy or any applicable law, rule. policy or regulation; (c) you and each End User is 18 years of age or older; (d) you have obtained all consents and permissions and posted all notices required under all applicable laws, rules and regulations (including privacy and data security laws) to provide us with Content for the Service; (e) you have since the Effective Date and will at all times during the term of this Agreement and the Master Agreement have accurate and legally sufficient privacy and data security policies which include your use of the Service Offerings; (f) you will comply with all Policies, and all applicable laws, rules, and regulations applicable to your use of the Service Offerings, including without limitation the rules for using the Service Offerings (as described in Section 3.2 below); and (g) you will not access or use the Service Offerings in a way intended to avoid incurring fees or exceeding usage limits or quotas.
(a) own or have sufficient rights to submit your Content, on or through the Service Offerings, and shall only provide content that is accurate and complete;
(b) will not submit Content that violates our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights, and all applicable Policies, laws, rules, and regulations;
(c) will not submit Content that: (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; or (ii) incites, encourages or threatens immediate physical harm against another, including but not limited to, Contents that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual;;
(e) will not use the Service Offerings for any commercial purpose, business-related or unauthorized purpose;
(g) will not interfere with, disrupt, or create an undue burden on the Service Offerings or the networks or services connected to the Service Offerings, including without limitation, hacking into the Service Offerings, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(j) will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(k) will not circumvent or disable any content protection system or digital rights management technology used with the Service Offerings; decompile, reverse engineer, disassemble or otherwise reduce the Service Offerings to a human-readable form; remove identification, copyright or other proprietary notices; or access or use the Service Offerings in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands; and
(l) will not use the Service Offerings in violation of United States export control and economic sanctions requirements.
3.3 Your Content. You are solely responsible for the development, content, operation, maintenance, and use of your Content. For example, you are solely responsible for: (a) the technical operation of your Content, including ensuring that calls you make to any Service Offerings are compatible with then-current APIs for the Service Offering; (b) any claims relating to Your Content; and (c) properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that your Content violate such person’s rights.
3.4 Security and Backup. You are responsible for properly configuring and using the Service Offerings and taking your own steps to maintain appropriate security, protection and backup of your Content, which may include the use of encryption technology to protect your Content from unauthorized access. Log-in credentials and private keys generated by the Services are for your internal use only and you shall not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf, provided that you are responsible for their acts or omissions.
3.5 End User Violations. You will be deemed to have taken any action that you permit, assist or facilitate any person, End User or entity to take related to this Agreement, Your Content or use of the Service Offerings. You are responsible for End Users’ use of Your Content and the Service Offerings. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement by an End User, you will immediately terminate such End User’s access to your Content and the Service Offerings.
3.6 End User Support. You are responsible for providing customer service (if any) to End Users. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide support or services.
3.7 Software Licenses. You are responsible for maintaining third party licenses and adhering to the license terms of any third party software you run.
3.8 From time to time, we may offer or apply upgrades, patches, bug fixes or other maintenance to the Service Offerings (“Maintenance”). It is your responsibility to accept our updates and/or apply standard vendor updates to keep pace with any security practices you require.
4. Fees and Payment
4.1. Service Fees. Service Provider calculates and bills fees and charges on our behalf. You will pay Service Provider the applicable fees and charges for use of the Service Offerings and Software as specified in the Master Agreement.
4.2 Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing Service Provider with legally-sufficient tax exemption certificates for each taxing jurisdiction.
5. Temporary Suspension
5.1 Generally. We may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you if we determine: (a) your or an End User’s use of the Service Offerings or Software (i) poses a security risk to the Service Offerings, Software or any third party, (ii) may adversely impact the Service Offerings, Software or the any other Service Offerings customer, (iii) may subject us, our affiliates, or any third party to liability, or (iv) may be fraudulent; (b) you are, or any End User is, in breach of this Agreement, including if you are delinquent on your payment obligations to Service Provider for more than 15 days; or (c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
5.2 Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings or Software: (a) you remain responsible for all fees and charges you have incurred through the date of suspension; (b) you remain responsible for any applicable fees and charges for any Service Offerings or Software to which you continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension; (c) we will not erase any of your Content as a result of your suspension, except as specified elsewhere in this Agreement. Our right to suspend your or any End User’s right to access or use the Service Offerings or Software is in addition to our right to terminate this Agreement pursuant to Section 7.2.
6. Term; Termination
6.1. Term. The term of this Agreement will commence on the Effective Date and, unless terminated earlier pursuant to this Section 7, will remain in effect during the term of the Master Agreement as long as you are current customer of Service Provider in good standing.
6.2 Termination. Notwithstanding anything to the contrary in the Master Agreement, either party may terminate this Agreement for cause upon 30 days advance written notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period. We may also terminate this Agreement immediately upon notice to you: (i) for cause, if any act or omission by you or any End User results in a suspension described in Section 6.1; or (ii) in order to comply with the law or requests of governmental or judicial authorities.
6.3. Effect of Termination. Upon any termination of this Agreement or the Master Agreement: (i) all your rights under this Agreement immediately terminate; (ii) you remain responsible for all fees and charges you have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination pursuant to the Master Agreement and any addenda thereto; (iii) you will immediately return or, if instructed by us, destroy all Omnibond Content including Software in your possession; and (iv) Sections 2.2, 3.1-3.5, and 4-14 will continue to apply in accordance with their terms. Any additional post-termination assistance from us is subject to mutual written agreement by you and us.
7. Proprietary Rights
7.1 Service Offerings License. As between you and us, we or our affiliates or licensors own and reserve all right, title, and interest in and to the Service Offerings and Software and all intellectual property rights embodied in the foregoing. Except as provided in this Agreement and the Master Agreement, you obtain no rights under this Agreement from us or our licensors to the Service Offerings or Software, including any related intellectual property rights. During and after the term, you shall not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings or Software you have used.
7.2 Suggestions. If you provide any Suggestions to us or our affiliates, we will own all right, title, and interest in and to the Suggestions, even if you have designated the Suggestions as confidential. We and our affiliates will be entitled to use the Suggestions without restriction. You hereby assign and shall to us all right, title, and interest in and to the Suggestions and all intellectual property rights embodied therein and relating thereto, and you agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.
8.1 General. Where permitted by applicable by law, you will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of the Service Offerings and Software (including any activities under your account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you or any End User; (c) your Content or the combination of your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of a third-party’s rights or privacy by your Content or by the use, development, design, production, advertising or marketing of your Content; or (d) a dispute between you and any End User. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
8.2 Process. We will promptly notify you of any claim subject to Section 9.1, but our failure to promptly notify you will only affect your obligations under Section 9.1 to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.
9. Warranty and Disclaimers.
9.1 Warranty. We warrant that for a period of ninety (90) days from the Service start date that the Software will substantially conform with its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to you as the original licensee. In the event of a breach, your exclusive remedy and the entire liability of us and our suppliers under this limited warranty will be, at our or our service center’s sole option, repair or replacement of the Software. We do not warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. This warranty does not apply if the Software: (a) has been altered, except by us or our service center, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by us, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in hazardous activities.
10.2 DISCLAIMER. EXCEPT AS SPECIFIED IN SECTOIN 10.1, WE DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE RELATING TO THE SOFTWARE AND SERVICE OFFERINGS. IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICE OFFERINGS. In no event shall WE or OUR suppliers' liability to YOU OR END USERS, whether in contract, tort (including negligence), or otherwise, exceed the price SERVICE PROVIDER PAID US FOR YOU TO ACCESS THE SERVICE OFFERINGS. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.
10. Limitations of Liability.
WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
11. Modifications to the Agreement. This Agreement may be modified only upon written consent of both parties.
You shall not, during or subsequent to the term of this Agreement, use or disclose our Confidential Information for any purpose whatsoever other than as permitted under this Agreement and the Master Agreement or disclose our Confidential Information to any third party. Confidential Information and all intellectual property rights embodied therein and relating thereto will remain our sole property. You shall take all reasonable precautions to prevent any unauthorized disclosure of our Confidential Information. Upon the termination of this Agreement, or upon our earlier request, you shall deliver to us all of our property or Confidential Information that you may have in your possession or control. This Agreement supersedes any prior agreement entered into between the parties relating to the confidentiality of any Confidential Information disclosed by Discloser. This Section 12 shall survive termination of this Agreement and the Master Agreement in perpetuity.
13.1 Publicity. Neither party will issue any press release or make any other public communication with respect to this Agreement or the Service Offerings without the prior written consent of the other party.
13.2 Force Majeure. Notwithstanding anything to the contrary in this Agreement or the Master Agreement, we and our affiliates will not be liable for any delay or failure to perform any obligation where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
13.3 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
13.4 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
13.5 Import and Export Compliance. In connection with this Agreement, each party will comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Service Offerings, including your transfer and processing of your Content, the provision of your Content to End Users, and the hosting provider region in which any of the foregoing occur.
13.6 Notice. To give us notice under this Agreement, each party contact the other party at the address provided in the preamble of this Agreement. Either party may update its address from time to time upon written notice to the other party. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
13.7 Language. All communications and notices to be made or given pursuant to this Agreement must be in the English language.
13.8 Assignment. Notwithstanding anything to the contrary in the Master Agreement, you will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.8 will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
13.9 No Waivers. The failure by either party to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor such party’s right to enforce such provision at a later time. All waivers by a party must be in writing to be effective.
13.10 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
13.12 Choice of Law; Forum and Venue. This Agreement shall be governed by the laws of the State of the State of South Carolina excluding its conflicts of law provisions. All disputes arising out of this Agreement will be brought before the state and federal courts in Charleston, South Carolina.
13.13 Changes. We may change the Service Offerings or Software (including the Service Offerings as a whole) or change or remove features or functionality of the Service Offerings or Software from time to time. We will notify you of any material change to the Service Offerings.
13.14 Entire Agreement. This Agreement includes the Policies and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. To the extent this Agreement conflicts with the terms of the Master Agreement, the terms of this Agreement shall prevail. Notwithstanding any other agreement between you and us, the security and data privacy provisions in Section 3 of this Agreement contain our and our affiliates’ entire obligation regarding the security, privacy and confidentiality of your Content. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control, except that the Service Terms will control over this document.
“Acceptable Use Policy” means the policy currently available at (omnibond.com/acceptable-use-policy), as it may be updated by us from time to time.
“API” means an application program interface.
“Confidential Information” means any information, technical data, trade secrets or know-how disclosed by us, either directly or indirectly in writing, orally or by drawings or inspection of parts or equipment, including, but not limited to, source code, research, algorithms, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information. Confidential Information does not include: (a) information, ideas, and concepts that are, or subsequently may become, within the knowledge of the public generally through no fault of you; (b) information, ideas, and concepts that you can show were previously known to you as a matter of record at the time of receipt; (c) information, ideas, and concepts that may subsequently be obtained lawfully from a third party who has lawfully obtained or created the information through no fault of you; and (d) information, ideas, and concepts that may subsequently be developed as a matter of record, independently of disclosure by you.
“Content” means all data, text, audio, video, images, data or other content provide to Service Provider or us so that we may perform the Service.
“Documentation” means the developer guides, getting started guides, user guides, quick reference guides, and other technical and operations manuals and specifications for the Services located on the Omnibond Sites, as such documentation may be updated by us from time to time.
“End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses your Content; or (b) otherwise accesses or uses the Service Offerings under your account. The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own hosting provider account, rather than your account.
“Master Agreement” means the Equipment Purchase and Services Agreement between end customer and Service Provider.
“Omnibond Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Omnibond Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. Omnibond Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the Omnibond Confidential Information.
“Omnibond Content” means Content we or any of its affiliates make available in connection with the Services or on the Service Offerings to allow access to and use of the Services, including WSDLs; Documentation; sample code; software libraries; command line tools; and other related technology. Omnibond Content does not include the Services or Licensed Software.
“Omnibond Marks” means any trademarks, service marks, service or trade names, logos, and other designations of Omnibond and its affiliates that we may make available to you in connection with this Agreement.
“Omnibond Sites” mean omnibond.com, cloudycluster.com, orangefs.com, trafficvision.com and any successor or related sites owned or designated by us.
“Open Source Software” means third party software that is subject to a license that requires that such software or other software combined and/or distributed with such software be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge.
“Policies” means the Acceptable Use Policy, the Site Terms, the Service Terms, the Trademark Use Guidelines, all restrictions described in the Omnibond Content and on the Omnibond Sites, and any other policy or terms referenced in or incorporated into this Agreement. Policies does not include whitepapers or other marketing materials referenced on Omnibond Sites.
“Service” means each of the services made available by us or our affiliates, including managing data generated by Service Provider’s equipment and related software.
“Service Offerings” means the Services (including associated APIs), the Omnibond Content, the Omnibond Marks, the Omnibond Sites, and any other product or service provided by us under this Agreement. Service Offerings do not include Third Party Content or the Software.
“Service Provider” means reseller, integrator or OEM of BayTracker software.
“Software” has the meaning set forth in Master Agreement.
“Suggestions” means all suggested improvements to the Service Offerings or Software that you provide to us.
“Third Party Content” means Content made available to you by any third party on Omnibond Sites or in conjunction with the Services. Third Party Content does not include Open Source Software.
“Trademark Use Guidelines” means the guidelines and license located at http://www.omnibond.com/omnibond-media/ as they may be updated by us from time to time.
“your Content” means Content you or any End User (a) run on the Services, (b) cause to interface with the Services, or (c) upload to the Services under your account or otherwise transfer, process, use or store in connection with your hosting provider account.
“your Submissions” means Content that you post or otherwise submit to developer forums, sample code repositories, public data repositories, or similar community-focused areas of the Omnibond Sites or the Services.