• ShuttleCloud | Terms of Service

    Acceptance of Terms

    The following terms and conditions govern all use of (i) the http://shuttlecloud.com/ website (the Site), (ii) the services and products available at or through the Site, and (iii) the ShuttleCloud data migration service, (taken together, (ii) and (iii) are the Service). The Service is owned and operated by ShuttleCloud Corp. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by ShuttleCloud (collectively, the Terms of Use). PLEASE READ THESE TERMS OF USE

    CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (YOU) AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART THEREOF. SHUTTLECLOUD’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND

    CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY SHUTTLECLOUD, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. If you have entered into a Master Services Agreement with ShuttleCloud, and there is any inconsistency between the terms of the Master Services Agreement and the terms of these Terms of Use, the terms in such Master Services Agreement control your use of the Service instead of the terms of these Terms of Use.

    Modification of Terms of Use

    ShuttleCloud reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. ShuttleCloud will notify you of changes on the Site and we may send an email to registered users to notify them of the change. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

    Terms of Sale

    As part of the Service, ShuttleCloud allows users to copy data between email accounts. Every time you buy a ShuttleCloud license key, ShuttleCloud grants you non-exclusive right to access and use the Service to perform a migration of one email account. The type of license key purchased indicates the number of email accounts that may be migrated with the license key. The license key expires one year after purchase. ShuttleCloud endeavors to perform accurate copies of data. Notwithstanding the foregoing, ShuttleCloud does not guarantee that the Service will always transfer all data successfully. Certain e-mail providers do not comply with the appropriate email standards and therefore it is impossible to guarantee 100% accuracy. However, ShuttleCloud guarantees that at least 99% of the emails will be transferred, or you will be issued a refund. You must notify ShuttleCloud within 30 days after an error.

    New Features

    ShuttleCloud may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Use. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms of Use.

    Electronic Communications

    By using the Site, you consent to receiving electronic communications from ShuttleCloud. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Service. These electronic communications are part of your relationship with ShuttleCloud and you receive them as part of your use of the Site and/or Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

    Privacy and Use of Data

    ShuttleCloud’s current Privacy Policy is available at ShuttleCloud.com, which is incorporated by this reference. The Privacy Policy does not apply to email message contents and other data migrated through the Service (“Data Content”). ShuttleCloud doesn’t store any Data Content permanently. ShuttleCloud only stores migration credentials, such as email account user names and passwords, while the migration is in process. Credentials are deleted 30 days after each individual migration has finished, or within 48 hours if requested by you by filing a support ticket with support@shuttlecloud.com. ShuttleCloud's employees and contractors are prohibited from reading any Data Content in a human-understandable form. In addition, ShuttleCloud will not disclose or provide access to any third party to such data. Notwithstanding the foregoing, from time to time ShuttleCloud may need to assist in a data migration. By requesting ShuttleCloud investigate or assist, you authorize ShuttleCloud's employees and contractors to access the accounts involved in the migration, reading Data Content in a human-understandable form, and creating and editing data in the accounts involved in the migration for testing purposes.

    No Warranties

    THE SERVICE, SITE AND ALL CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SERVICE, SITE AND CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

    SHUTTLECLOUD, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NEITHER SHUTTLECLOUD NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT WHILE SHUTTLECLOUD HAS PERFORMED MANY SUCCESSFUL DATA MIGRATIONS, THE MIGRATION OF DATA, INCLUDING BUT NOT LIMITED TO EMAIL, CONTACTS AND CALENDAR INFORMATION IS INHERENTLY RISKY, AND IS SUBJECT TO DELAY AND IN SOME EVENTS, FULL OR PARTIAL FAILURE. SHUTTLECLOUD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY OF ANY MIGRATED DATA. WHILE SHUTTLECLOUD WILL FOLLOW INDUSTRY-STANDARD BEST PRACTICES AND MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE DATA MIGRATION IS COMPLETED SUCCESSFULLY, FACTORS INCLUDING, BUT NOT LIMITED TO, THE HOSTING COMPANY NETWORK ENVIRONMENT, SERVERS, DATA CORRUPTION, EMAIL PROVIDERS PROTOCOL CHANGES, EMAIL PROVIDERS DATA BLOCKAGES, TELECOMMUNICATIONS FAILURES AND THIRD-PARTY HARDWARE OR SOFTWARE FAILURES MAY PREVENT A SUCCESSFUL MIGRATION.

    Limitations of Liability

    IN NO EVENT SHALL SHUTTLECLOUD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SITE AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE AND SERVICE. IN NO EVENT SHALL SHUTTLECLOUD’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF USE, THE SITE OR THE SERVICE EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT SHUTTLECLOUD SHALL NOT BE LIABLE FOR ANY SUBMISSIONS OR USER CONDUCT.

    Indemnification

    You agree to defend, indemnify, and hold harmless ShuttleCloud, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your (i) use of, or inability to use, or misuse of the Site or the Service; (ii) your access to the Site, use of the Service, violation of the Terms of Use by you; or, (iii) any data you enter, store, upload, download or transmit to or through the Service.

    Dispute Resolution.

    A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and ShuttleCloud agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Service shall be filed only in the state or federal courts located in the County of Kent, Delaware and you further agree

    and submit to the exercise of personal jurisdiction of such courts for the purpose o litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

    Miscellaneous

    ShuttleCloud may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

    Copyright and Trademark Notices

    Unless otherwise indicated, all Content provided by ShuttleCloud is copyright © 2017 ShuttleCloud Corp. All rights reserved. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.