Effective Date: May 15, 2017
Your use of the BoltOps Services is governed by this agreement (the "Terms"). "The Services" or "the BoltOps Services" means the services BoltOps provides including this website. "BoltOps" means the owner and operator of the BoltOps Services who distributes the software and services.
You must agree to the Terms in order to use the Services. Your use of the BoltOps service means the acceptance and agreement to the Terms. BoltOps will treat your use of any part of the service as acceptance and agreement of the Terms from that point on.
BoltOps may make changes to the Terms from time to time. BoltOps reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You agree to use the Service at your own risk.
Use of Services
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Responsibility and Conduct
You are solely responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using BoltOps. You will not engage in any activity that interferes with or disrupts the BoltOps's Services or networks connected to BoltOps.
You must provide accurate and complete registration information any time you register to use the Services. You are responsible for the security of your passwords and authtokens and for any use of your account.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that BoltOps will impose fees; and/or pursue civil remedies without providing advance notice.
The BoltOps Services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. The Services may not be used to facilitate infringement of these laws in any way.
BoltOps reserves the right (but shall have no obligation) to remove any or all content from the Services. You agree to immediately take down any content that violates the Terms, including pursuant to a take down request from BoltOps. In the event that you elect not to comply with a request from BoltOps to take down certain content, BoltOps reserves the right to directly take down such BoltOps or to block access to it.
You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is BoltOps's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to, if necessary, disable your tunnels upon receipt of a valid DMCA notice.
Exclusion Of Warranties
You expressly understand and agree that your use of the service is at your sole risk and that the services are provided "AS IS" and "AS AVAILABLE."
Nothing in these terms, shall exclude or limit BoltOps's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
BoltOps makes no express warranties and disclaims all implied warranties regarding the services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. without limiting the generality of the foregoing, BoltOps does not represent or warrant to you that: (a) your use of the services will meet your requirements, (b) your use of the services will be uninterrupted, timely, secure or free from error.
Links to Third Party Sites
The Site may contain links to other Sites ("Linked Sites"). The Linked Sites are not under the control of BoltOps and BoltOps is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BoltOps is not responsible for webcasting or any other form of transmission received from any Linked Site. BoltOps is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BoltOps of the Linked Site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to BoltOps that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Materials provided to BoltOps
By inputting, providing, or submitting content on or to the Site, you are giving BoltOps the right to display or publish such content on the Site (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and this Agreement; and (2) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by us and this Agreement. In furtherance of the foregoing, you agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (2) publish falsehoods or misrepresentations that could damage us or any third party; or (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. We reserve the right to remove or not publish Submissions without prior notice.
Limitation Of Liability
You expressly understand and agree that BoltOps shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
You acknowledges that BoltOps's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. in no event shall BoltOps be liable for any special or consequential damages, loss or injury. BoltOps is not responsible for any damages your business may suffer. BoltOps does not make implied or written warranties for any of our services.
The limitations on BoltOps's liability to you in shall apply whether or not BoltOps has been advised of or should have been aware of the possibility of any such losses arising.
You agree to hold harmless and indemnify BoltOps, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the terms, (b) your use of the services, (c) your violation of applicable laws, rules or regulations in connection with the services, or (d) content made available over your tunnels, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. in such a case, BoltOps will provide you with written notice of such claim, suit or action.
You agree that BoltOps may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the BoltOps website.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and BoltOps and govern your use of the BoltOps Services, superceding any prior agreements between you and BoltOps for the use of the BoltOps Services.
Waiver and Severability of Terms
The failure of BoltOps to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. 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 party's intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.