Terms and Conditions of Use
IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO
REKATA, ("REKATA Inc."), AND "YOU" AND "YOUR" REFER TO YOU. Before
using REKATA.com or REKATAForge.org ("REKATA Websites"), please read
this agreement relating to your use of this website carefully.
1. ACCEPTANCE OF TERMS
By using the REKATA websites, you agree to be bound by these terms and
conditions of use ("Terms"). If you do not agree to these Terms, please
do not use the REKATA Websites. REKATA provides the information and
services on the REKATA Websites to you, the user, conditioned upon your
acceptance, without modification, of the Terms contained herein. Your
use the REKATA Websites constitutes your agreement with such Terms.
We reserve the right, at our discretion, to change, modify, add or
remove portions of these Terms periodically. Such modifications shall
be effective immediately upon posting of the modified Terms to the
REKATA Websites. Your continued use of the REKATA Websites following
the posting of changes to these Terms will mean that you accept those
changes.
In addition, each user's use of a particular REKATA Website service
("Service") may be subject to specific guidelines or rules
("Service-specific Rules") posted from time to time and incorporated by
this reference into the Terms. Use of the REKATA Websites and/or its
Services constitutes full acceptance of and agreement to the Terms; if
a user does not accept our Terms, he or she is not granted rights to
use the REKATA Websites or any of its Services, as defined herein, and
should refrain from accessing the REKATA Websites and its Services.
To update the Terms, we will post the changed version and its effective date on this
Terms and Conditions of Use
page. If we change any Service-specific Rules, we will post the changed
version on the location where those Service-specific Rules normally
appear, reference the change on the primary page for that Service and
include a link to the previous version of the terms or rules. REKATA
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the REKATA Websites or any
Service thereon (or any part thereof). REKATA shall not be liable to
any user or other third party for any such modification, suspension or
discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the REKATA Websites, you warrant to REKATA that you will not
use the REKATA Websites, or any of the content obtained from the REKATA
Websites, for any purpose that is unlawful or prohibited by these
Terms. If you violate any of these Terms, your permission to use the
REKATA Websites automatically terminates.
3. DESCRIPTION OF SERVICE AND LICENSE GRANTS
The REKATA Websites are owned and operated by REKATA for the purpose of
fostering information related to Data Center Management (the
"Purpose"). The REKATA Websites also promote and distributes software
related to (and including) the REKATA Server line.
Your rights to access, download, and use any software made available
for download from the REKATA Websites will be subject to the terms and
conditions of the software license agreement identified on the site
and/or in the software as applicable to each particular software
package, and you agree to comply with those terms and conditions.
Your rights to access and use of all information, data, text, graphics,
or other materials appearing on the REKATA.com site other than software
made available for download (the “Content") is subject to the terms and
conditions of one of two separate licenses, depending on the nature of
the Content, as follows:
(a) You may access, view, and print a single copy of any information
about REKATA REKATA software, products, services, support, or marketing
and sales materials, and related Content provided at the REKATA
Websites (collectively, “REKATA Websites Content"), solely for your
personal and non-commercial purposes, and subject to the restrictions
set forth in these Terms of Use.
(b) Your rights to access, use, copy and distribute any user and
community-generated information (Community Content) about sample data,
event types, tags, comments and other information related to the REKATA
Base, is subject to the terms and conditions in this terms.
If you post any information, sample data, event types, tags, comments,
or other REKATA Base content (your "Contributions") to the REKATA
Websites or otherwise provide any Contributions to REKATA you hereby
grant to REKATA a perpetual, irrevocable, world-wide, royalty free
license to use, make, have made, offer for sale, sell, copy,
distribute, perform, display, and transmit such Contributions, and to
grant to others rights to do any of the foregoing.
4. REGISTRATION OBLIGATIONS
If required by REKATA, each user must: (a) provide true, accurate,
current and complete information on the Service's registration form
(collectively, the "Registration Data") and (b) maintain and promptly
update the Registration Data as necessary. If, after investigation, we
have reasonable grounds to suspect that any user's information is
untrue, inaccurate, not current or incomplete, we may suspend or
terminate that user's account and prohibit any and all current or
future use of the Services (or any portion thereof) by that user other
than as expressly provided herein.
Each user will receive a password and account designation upon
completing REKATA.com registration process and is wholly responsible
for maintaining the confidentiality thereof and wholly liable for all
activities occurring there under. REKATA cannot and will not be liable
for any loss or damage arising from a user's failure to comply with
this Section, including any loss or damage arising from any user's
failure to (a) immediately notify REKATA of any unauthorized use of his
or her password or account or any other breach of security and (b)
ensure that he or she exits from his or her account at the end of each
session.
5. CONTENT
REKATA will not pre-screen or review Content, but REKATA reserves the
right to refuse or delete any Content of which it becomes aware that it
reasonably deems not to fulfill the Purpose. In addition, REKATA shall
have the right (but not the obligation) in its sole discretion to
refuse or delete any Content that it reasonably considers to violate
the Terms or be otherwise illegal.
REKATA does not control the Content posted via the Services and, as
such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will REKATA be liable in any way for
any Content, including, but not limited to, liability for any errors or
omissions in any Content or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed or otherwise
transmitted via the REKATA Websites or any Services thereon.
Each user, by using the REKATA Websites or any Services, may be exposed
to Content that is offensive, indecent or objectionable. Each user must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content.
6. TERMINATION
We may terminate a REKATA Website user's account in our absolute
discretion and for any reason. We are especially likely to terminate
for reasons that include, but are not limited to, the following: 1.)
violation of these Terms; 2.) abuse of site resources or attempt to
gain unauthorized entry to the site or site resources; 3.) use the
REKATA Websites Services in a manner inconsistent with the Purpose; 4.)
a user's request for such termination; and 5.) requirement of
applicable law, regulation, court or governing agency order.
Our termination of any user's access to the REKATA Websites or any
Services hereunder may be effected without notice and, on such
termination, we may immediately deactivate or delete user's account
and/or bar any further access to such files. REKATA shall not be liable
to any REKATA Website user or other third party for any termination of
that user's REKATA Website access or account hereunder.
7. LINKS
REKATA any Service or a third party may provide links to other
websites. REKATA exercises no control whatsoever over such other
non-REKATA websites and web-based resources and is not responsible or
liable for the availability thereof or the content, advertising,
products or other materials thereon. REKATA shall not be responsible or
liable, directly or indirectly, for any damage or loss incurred or
suffered by any user in connection therewith. Your access and use of
websites linked to the REKATA Websites, including information,
material, products and services therein, is solely at your own risk.
The REKATA Websites privacy statement is applicable only when you are
on the REKATA Websites. Once you choose to link to another website, you
should read that website's privacy statement before disclosing any
personal information.
8. INDEMNITY
Each user shall indemnify, defend and hold harmless REKATA Inc.,
subsidiaries and affiliates and their respective officers, employees
and agents, and each of REKATA’s website partners from any and all
claims, demands, damages, costs and liabilities, including reasonable
attorneys' fees, made by any third party due to or arising out of that
user's acts or omissions, including claims arising out of that user's
use of the REKATA Websites; his or her submission, posting or
transmission of Content or his or her violation of the Terms.
9. DISCLAIMER OF WARRANTIES
EACH USER'S USE OF THE REKATA WEBSITES AND THE REKATA WEBSITES SERVICES
IS AT HIS OR HER SOLE RISK. REKATA AND THE REKATA WEBSITE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND REKATA INC. ASSUMES
NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE
TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH
REKATA WEBSITE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR
HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. REKATA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. SPECIFICALLY, REKATA MAKES NO WARRANTY THAT (I)
THE REKATA WEBSITES OR ANY REKATA SERVICE WILL MEET YOUR REQUIREMENTS,
(II) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER
EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
EXCLUDING ONLY DAMAGES ARISING OUT OF REKATA ‘S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, REKATA SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REKATA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR
INABILITY TO USE THE REKATA WEBSITES OR ANY SERVICE; THE COST OF
PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE REKATA WEBSITES OR ANY SERVICE; OR ANY OTHER MATTER
RELATING TO THE REKATA WEBSITES OR ANY SERVICE. NOTHING HEREIN SHALL BE
DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE,
EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND
BETWEEN REKATA AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE
TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE,
REKATA DOES NOT AND CANNOT CONTROL THE ACTIONS OF REKATA WEBSITE USERS,
VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY
MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.
WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE
REKATA WEBSITES OR ANY SERVICES. OPERATION OF THE REKATA WEBSITE MAY BE
SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL.
FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND
EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS
TO THE WEBSITES. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF
LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY
THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF
CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION
BY REKATA.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL REKATA INC., SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE REKATA WEBSITES, OUR SERVICES OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO $1000. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. RELEASE
In the event that you have a dispute with one or more REKATA Website
users, you release REKATA Inc. (and our officers, directors, agents,
subsidiaries, parent corporation, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
12. FRAUD
Without limiting any other remedies, REKATA Inc. may suspend or
terminate your REKATA Website account if we suspect that you have
engaged in fraudulent activity in connection with the REKATA Websites
or any REKATA Service.
13. Legal Compliance
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the REKATA
Websites and all of its Services.
14. NO AGENCY
You and REKATA Inc. are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
15. TRADEMARK INFORMATION
REKATA.com, REKATAForge.org, the REKATA logo and other REKATA
trademarks, service marks, and product and service names are trademarks
of REKATA Inc.
16. COPYRIGHTS
REKATA respects the intellectual property rights of others, and
requires that the people who use the REKATA Websites do the same. It is
our policy to respond promptly to claims of intellectual property
misuse.
If you believe that your work has been copied and is accessible on this
site in a way that constitutes copyright infringement, you may notify
us by providing our copyright agent with the following information in
writing:
1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. identification of the copyrighted work that you claim has been infringed;
3. identification of the material that is claimed to be infringing and
information reasonably sufficient to permit REKATA to locate the
material;
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;
6. a statement, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or are authorized to act on the copyright owner's behalf.
If REKATA receives such a claim, REKATA reserves the right to refuse or
delete Content as described under Section 5 hereto, or to terminate a
user's account in accordance with Section 9.
After receiving a claim of infringement, REKATA will process and
investigate notices of alleged infringement and will take appropriate
actions under the DMCA and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the
DMCA, REKATA will act expeditiously to remove or disable access to any
material claimed to be infringing or claimed to be the subject of
infringing activity, and will act expeditiously to remove or disable
access to any reference or link to material or activity that is claimed
to be infringing. REKATA will take reasonable steps promptly to notify
the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, REKATA
will promptly provide the person who provided the initial notification
of claimed infringement with a copy of the counter notification and
inform that person that it will replace the removed material or cease
disabling access to it in ten business days. Additionally, REKATA will
replace the removed material and cease disabling access to it not less
than 10, nor more than 14 business days following receipt of the
counter notice, unless REKATA's designated agent first receives notice
from the person who submitted the initial notification that such person
has filed an action seeking a court order to restrain the subscriber
from engaging in infringing activity relating to the material on the
REKATA Websites system or network.
You may provide us with a Counter Notification by providing our copyright agent the following information in writing:
1. your physical or electronic signature;
2. identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith
belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled;
4. your name, address, and telephone number, and a statement that you
consent to the jurisdiction of Federal District Court for the judicial
district in which your address is located, or if your address is
outside of the United States, for any judicial district in which REKATA
may be found and that you will accept service of process from the
person who provided the initial notification of infringement.
17. RESOLUTION OF DISPUTES
In the event a dispute arises between you and REKATA, our goal is to
provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and REKATA agree that any claim or
controversy at law or equity that arises out of this Agreement or our
services ("Claims") shall be resolved in accordance with one of the
subsections below or as otherwise mutually agreed upon in writing by
the parties.
1. Amicable resolution. Before resorting to the other alternatives
below, we strongly encourage you to first contact us directly to seek
an amicable resolution through dialog.
2. Alternative Dispute Resolution. Alternatively, REKATA will consider
reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation, as an alternative to
litigation.
3. Binding Arbitration. For any Claim (excluding Claims for injunctive
or other equitable relief) where the total amount of the award sought
is less than $10,000, you or REKATA may elect to resolve the dispute
through binding arbitration conducted by telephone, on-line and/or
based solely upon written submissions where no in-person appearance is
required. If in-person appearance is required, it shall be held in Kuala
Lumpur, Malaysia or another location mutually agreed upon
by the parties. In all such cases, the arbitration shall be
administered by the American Arbitration Association or JAMS in
accordance with their applicable rules, or any other established ADR
provider mutually agreed upon by the parties. Any judgment on the award
rendered by the arbitrator may be entered in any court having
jurisdiction thereof.
4. Court. Alternatively, any Claim may be adjudicated by a court of
competent jurisdiction located in Kuala Lumpur, Malaysia or
where the defendant is located (in our case Kuala Lumpur, Malaysia,
and in your case your home address or principal place of business). You
and REKATA agree to submit to the personal jurisdiction of the courts
located within the county of Kuala Lumpur, Malaysia.
All Claims (excluding requests for injunctive or equitable relief)
between the parties must be resolved using the dispute resolution
mechanism that is selected in accordance with this Section by the first
party to file a Claim. Should either party file an action contrary to
this Section 21, the other party may recover attorneys' fees and costs
up to $1000, provided that the party seeking the award has notified the
other party in writing of the improperly filed Claim, and the other
party has failed to withdraw the Claim.
18. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and REKATA
Inc. and govern each user's use of the REKATA Websites and REKATA
Services, superseding any prior agreements. Each user may be subject to
additional terms and conditions that may apply when that user uses
affiliate services, third party content or third party software. The
Terms and the relationship between each user and REKATA shall be
governed by the laws of the State of Malaysia without regard to its
conflict of law provisions and each party shall submit to the personal
and exclusive jurisdiction of the courts located within the county of
Kuala Lumpur, Malaysia. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect.
19. VIOLATIONS OF TERMS
Please report any violations of the Terms to the REKATA Websites Support Manager at admin@rekata.biz.
20. ADDITIONAL TERMS
The following policies are incorporated into these Terms by reference
and provide additional terms and conditions related to specific
services offered on the REKATA Websites:
* Disclaimer Statement: http://rekatabiz.appspot.com/Disclaimer.htm.
Each of these policies may be changed from time to time and are
effective immediately after we post the changes on REKATA.com, except
for the Privacy Statement for which we will provide you with fifteen
(15) days prior notice. In addition, when using particular services on
the REKATA Websites, you agree that you are subject to any posted
policies or rules applicable to services you use through the REKATA
Websites, which may be posted from time to time. All such posted
policies or rules are hereby incorporated by reference into these
Terms.
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