ClockIt-Online - EULA

1. ACCEPTANCE OF TERMS
ES-Software.net provides the ClockIt-Online service to you, subject
to the following Terms of Service ("TOS"), which may be updated by
us from time to time without notice to you. You can review the most current
version of the TOS at any time at: http://www.es-software.net/employee-scheduling/content/clockit-online-eula/

2. DESCRIPTION OF SERVICE
ES-Software currently provides users with paid access to on-line resources,
including various online scheduling abilities, (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance the current
Service, including the release of new ES-Software.net properties, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS"
and that ES-Software.net assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications, data entry or personalization
settings.
In order to use the Service, you must obtain access to the World Wide Web,
and pay any service fees associated with such access. In addition, you must
provide all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or ES-Software.net has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
ES-Software.net has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).

4. ES-SOFTWARE.NET PRIVACY POLICY
ES-Software.net will not sell or rent your personally identifiable information
to anyone.
ES-Software.net gives you the ability to edit your ClockIt-Online account information
and preferences at any time.
Your ClockIt-Online account information is password-protected for your privacy
and security.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon registering you receive your password and username to use to communicate
with ClockIt-Online. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify ES-Software.net
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. ES-Software.net
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.

6. MEMBER CONDUCT
You understand that all information, data, text, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not ES-Software.net are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service.
ES-Software.net does not control the content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such content.
You understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will ES-Software.net
be liable in any way for any Content, including, but not limited to, 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, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real
time exchanges;
j. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national
or international law,
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users

You acknowledge and agree that ES-Software.net may preserve Content and may
also disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of ES-Software.net, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.

8. INDEMNITY
You agree to indemnify and hold ES-Software.net, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.

10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ES-Software.net may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that messages, schedules or other uploaded Content will be retained
by the Service, the maximum number of messages that may be sent from or received
by an account on the Service, the maximum size of any message that may be sent
from or received by an account on the Service, the maximum disk space that will
be allotted on ES-Software.net's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in
a given period of time. You agree that ES-Software.net has no responsibility
or liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge that
ES-Software.net reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SERVICE
ES-Software.net reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that ES-Software.net shall not be liable to
you or to any third party for any modification, suspension or discontinuance
of the Service.

12. TERMINATION
You agree that ES-Software.net, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without limitation,
if ES-Software.net believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. ES-Software.net may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and acknowledge
and agree that ES-Software.net may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that ES-Software.net
shall not be liable to you or any third-party for any termination of your access
to the Service.

13. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contains proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content presented to
you through the Service is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized
by ES-Software.net or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
ES-Software.net grants members a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other
than through the interface that is provided by ES-Software.net for use in accessing
the Service.

14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. ES-SOFTWARE.NET 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.
b. ES-SOFTWARE.NET MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ES-SOFTWARE.NET
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.

15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ES-SOFTWARE.NET 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 ES-SOFTWARE.NET HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.

16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

17. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.

TOS last updated December 1, 2006