KommandCore Terms of Service

Last update: June 20, 2010

It’s great pleasure for us that You’ve preferred our products and services, i.e. You’ve agreed to work with us. But cooperation, that’s arrangement about what, how and on what conditions we’ll do together. That’s why exactly, please, get introduced thoroughly with the present document, ‘cause from our side it’s regarded as a public offer and includes all significant conditions of Agreement between us. Finally, it’s up to You – to accept it or not. And by this You should remember that violation of any condition, after You accepted the KommandCore Terms of Service, will give us the ground to use our right to abrogate our mutual Agreement and Your Account.

Subject of Agreement

According to the present document KommandCore LLC shall deliver services to Customer by providing access to the KommandCore service intended for information exchange, communication, individual activity and networkin groups, regardless of the subject field where Customer will use the KommandCore service.

Account registration and service procedure

KommandCore LLC shall deliver services with respect to Customer only, who shall accept the present KommandCore Terms of Service on the «as is» basis and accomplishes number of the following steps:

insight and Acceptance of KommandCore Terms of Service;
registration on the web address http://kommandcore.com. By registration Customer changes a plan and fills in a form an Account address, define there his/her personal data (true full first and last names, true e-mail address and other required information) and credit card details (excluding the free registration by the special actions free-usage period).

In case of being neglected or treated improperly, these conditions, fixed in the article 2 of the KommandCore Terms of Service, shall not be regarded as Acceptance of the present Agreement and shall acquit KommandCore LLC to follow the duties to deliver services to Customer.
After registration in the KommandCore service the Customer is given a login (his/her true e-mail address), password (digit combination of figures, symbols, capital and small letters) and Account address, which all together allow that the Customer accesses and and uses his/her customer’s Account.
Account address, a login and a password assigned to Customer are sent to the e-mail address specified during registration.
Customer will access the services and tools provided in the KommandCore service via his/her Account. Customer will access the KommandCore service in Internet by the address xxx.kommandcore.com, where xxx – is the title of Account, Customer specified during registration.
Customer warrant to KommandCore LLC that:

he/she is acquainted with the KommandCore Terms of Service and its annexes, is aware of its conditions and accepts them entirely;
data are authentic, including personal (private) data and credit card data specified while sign-up for the KommandCore service, and credit card is used legally;
there is associate authority given to conclude and execute the present Agreement, in case Customer acts in the name of a company.

To use the KommandCore service (Account) Customer needs a computer and internet access. Customer is to solve on his/her own all questions concerning a right to get Internet access, to buy and set all facilities and software required for that, and such questions don’t fall under the present document.
Customer shall be aware and accept that all services are provided on «as is» basis with no performance, data safety guarantees submission, and with no other explicitly stated or supposed guarantees and that KommandCore LLC shall not be liable for any delays, failures, invalid or untimely delivery, deletion or non-safety of Customer’s information.

Account terms

A login, Account address given to Customer after registration may be used only by one person – by Customer. Customer’s login and password shared and used by third party is prohibited.
Customer may open access to his/her Account for any number of third persons (hereinafter referred to as Account Participant). By getting access to Account, Participant is given an invitation with the Customer’s Account address and a login (Participant’s true e-mail address) attached, by e-mail, specified by Customer.
Customer may delegate rights and authorities of Account administrator and Project’s Manager to any Participant invited. Customer is aware and accepts that in this case he/she delegates automatically to these people the right to invite any third persons in his/her Account.
It’s Customer himself who shall be liable for activity of third persons invited by Customer (Account Administrator or Project’s Manager).
Customer accepts and agrees that in case any Participant’s activity violates the KommandCore Terms of Service, it shall be regarded by KommandCore LLC, as if Customer himself violates the KommandCore Terms of Service.
Customer shall be liable for any activity taking place in his/her Account, all materials, data and Content within his/her Account (including materials put by other people who have access to his/her Account). Customer is aware and agrees that KommandCore LLC shall not be liable for materials and Content put and kept in Customer’s Account.
Customer agrees not to pursue KommandCore LLC with any demands to refund damages could be brought by any third party concerning damages caused by Customer and/or Account Participants who are invited in Customer’s Account and have access to the KommandCore service.
By signing-up for Account, Customer is acquired the right to use for free the KommandCore LLC technical service.
Customer may not use the KommandCore service for the purpose of mass mailing and direct mail advertising, or unsolicited e-mail, transmitting any worms or viruses or any code of a destructive nature.
Customer may not use the KommandCore service for any illegal or unauthorized purpose. Using the KommandCore service, Customer warrants that he/she will not violate any laws in jurisdiction of the country where Customer is from and countries of the persons who are invited in Customer’s Account (including but not limited to copyright laws).
Using and distribution of any materials violating jurisdiction of the Customer’s country and Participants’ countries who have access to Customer’s Account, especially – violating criminal standards and/or sending e-mail messages or any other materials violating jurisdiction of the associate receiver’s country, are prohibited.
Customer shall be aware and agree all risks related with use of the KommandCore service.

Payment

During sign-up, Customer chooses a payment plan and temporarily available special plan. Plan options are available on the website: http://kommandcore.com.
By registration of the payment plan, Customer shall specify true active credit card details needed to pay for his/her Account. Customer shall be liable for credit card data, specified during registration, are used legally. In this event, there can be filed no demands to KommandCore LLC for refunds of Customer’s activity.
During the first month any account is used on concessionary terms by any plan in the KommandCore service. The price rate for the first month usage is stated in «Pricing» section of the site. After 31 days of the service using pass, any account is paid according to its full price. If Customer refuses (closes Account) any chosen plan within 30 days after registration, Customer shall not be charged the full price according to his/her plan for the next month of usage. If Customer prefers to log out and cancel his/her Account later, he/she shall not be charged any more payments for the first month in addition to the concessionary price then.
When Customer changes at any time a concessionary version of a plan for another one, Customer shall fall from a right to use the concessionary (discounted) 30-day trial. It can be used only once, by the first registration of any plan.
Any plan is paid per month, in advance. If Customer doesn’t cancel his/her Account till the time of the following billing comes, corresponding monthly fee will be charged off from Customer’s credit card.
If on a credit card there are no funds sufficient for payment, or a credit card has expired, or KommandCore LLC can not charge off a monthly fee from Customer’s credit card – in such case:

we notify Customer by e-mail that payment can not be made;
within 5 days after the time of the following payment comes, Customer’s Account functions normally;
then for the following 25 days after that, Customer’s Account is locked down functionally.

If on the 30th day after the following payment it’s still impossible for KommandCore LLC to charge off a monthly fee from a credit card, Customer’s Account is to be closed.
Fees are exclusive of all taxes, levies, or duties Customer is imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties.
When cancelling the KommandCore service by any pricing plan, Customer is billed only for his/her charges taking place before cancellation. There are no refunds for trial period in case Customer cancels his/her Account within first 30 days of usage. Besides that, any monthly plan is paid only once and cannot be paid partly, i.e. the fee is charged off once, for the whole month of usage, even if Customer used his/her Account by any plan for only first 10 days after the trial version has expired.

Termination of Agreement and Сancellation of Account

The present Agreement can be terminated in the following cases:

on Costumer’s initiative. Customer may close (cancel) his/her Account at any time on the «Administration» screen, in the upper part of the Account’s screen. Customer is solely responsible for properly cancellation of Account. An e-mail or phone request to cancel Account is not considered cancellation.
on KommandCore LLC initiative. It will take place, in case Customer violates the KommandCore Terms of Service or in one of the cases stipulated in the KommandCore Terms of Service, by sending to Customer an appropriate notification by e-mail no later than 7 (seven) calendar days before the supposed date of the present Agreement abrogation. In this event, Agreement shall be regarded as terminated by the date specified in the notification, and KommandCore LLC will acquire the right to close Customer’s Account.

All Content and materials will be immediately deleted from the KommandCore service upon cancellation of Customer’s Account. This information can not be recovered once Customer’s Account is cancelled.

Safety

KommandCore LLC uses up-to-date technologies for protection in Internet when providing its services in the KommandCore service. All data and individual accounts are always stored separately. The KommandCore service provides Customer with SSL technology for encryption of connecting sessions with server.
There is made a particular backup of all data of Customer's Account, which is kept then during seven days.
KommandCore LLC allots Customer and every Participant of Customer’s Account with unique login (true e-mail address), password (digit combination of figures, symbols, capital and small letters) to make them available to access and use Customer’s Account. All passwords are secret and known only to Customer or to Account Participant himself; they may be inquired by Participant himself solely and they are sent only to a true e-mail address.
Customer shall be responsible for maintaining security of his/her Account and password. KommandCore LLC can not and will not be liable for any loss or damage from failure of Customer to comply with this security obligation.

Prices and the KommandCore service updates

KommandCore LLC reserves the right to update or change at any time the KommandCore Terms of Service, the KommandCore services procedure, plans, including but not limited to them, and monthly fees. These changes are made by posting them in appropriate sections of the web site www.kommandcore.com.
By that Customer shall accept the above-mentioned procedure of changes and updates to the KommandCore Terms of Service and the KommandCore services procedure (plans). The changes and updates of the KommandCore Terms of Service, the KommandCore services procedure (plans) shall enter into force once being posted in the specified order and become obligatory for Customer on the expiry of 10 (ten) calendar days once being posted on the web site.
KommandCore LLC reserves the right at any time and from time to time to modify, update and delete, temporarily or permanently, some facilities and tools in the KommandCore service (or any part thereof) with or without notice.
Any new features updating or refining the current KommandCore service, including the release of new tools and facilities, shall be subject to the Terms of Service. The use of the KommandCore service after any such changes shall constitute that Customer agrees and accepts such changes.
KommandCore LLC shall not be liable before Customer or any third party for any modification, change, suspension or discontinuance of the KommandCore Service.

Copyright and Content Ownership

Customer and third persons he/she invites into Account may not crack and break the technology, emulate, create new versions, update or change, decompile, disassemble, decrypt or decipher, or change in another way the KommandCore service code, including but not limited to damage security system for illegal use, get some information from database, and get information about technical functioning modes used in the KommandCore service.
Interface, look, face and design of the KommandCore service are copyright. All rights reserved. Any duplication and use of such objects like, for example, diagrams, buttons and other graphic elements are prohibited. All texts as Content of our site are permitted for duplication and publication, but with no changes and by listing the source only.
Customer and third persons he/she invites into Account shall be liable to honor and follow the copyright of KommandCore LLC, including but not limited to it, undertake not to copy, transfer and distribute by any others ways all copyrighted materials of KommandCore LLC and the KommandCore service. Customer shall be responsible to control these rights are not broken by persons given access to his/her Account.
Customer reserves right for all materials and Content in his/her Account. Customer shall be liable for Content and materials put and stored in his/her Account. Customer shall be aware and agree that by inviting Participants into Account, he/she makes available for them to view and use Account Content.
KommandCore LLC shall not be liable for placing in the KommandCore service any unlawful, offensive, threatening, libelous, defamatory, immoral pornographic, obscene materials or materials otherwise objectionable or violating any party’s intellectual property, and also any information somehow referring to such materials.
KommandCore LLC shall not be liable and responsible for accuracy and completeness of materials placed in Customer’s Account. Besides, KommandCore LLC does not warrant that this information represented in Customer’s Account won’t include materials protected by copyright. If there are such information and materials in Customer’s Account demanding permission for being published, reproduced and distributed, Customer shall warrant that such permission is given.
In case any third person suffered some damages or got some reasons occurred to file a claim, including but not limited to, for author’s or neighboring rights, concerning information and materials represented in Customer’s Account, Customer shall be entrusted with a duty for all KommandCore LLC losses (refunds, damages, including intangible losses, legal costs, surcharges) resulting from amicable agreements and other losses, including damages of goodwill.
KommandCore LLC won’t pre-screen materials and Content represented in Customer’s Account, but KommandCore LLC shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

General conditions

KommandCore LLC performs maintenance of the KommandCore service in the proper way to provide its reliability and takes an obligation to make the KommandCore service accessible always and anytime. Nevertheless, Customer is aware and agrees that it is impossible to provide absolute availability considering technical reasons (for example, concerning telecommunication and power electricity networks failures, influence of software of a destructive nature, abusive activity of third persons, aimed to get illegal access and/or to break and put out of action software and/or hardware complex of KommandCore LLC). That's why time failures and temporary inaccessibility do not give the right to Customer to assert a claim concerning violation of the Terms of Service and demand refund. Besides, KommandCore LLC reserves the right to a temporary suspension of the KommandCore service, specifically, in following cases:
- installation of updates for the KommandCore service and technical failures troubleshooting;
- alteration of facilities and procedures of the KommandCore service usage;
- alteration of logging-in procedures in the KommandCore service usage.
KommandCore LLC shall not warrant that:

the KommandCore service will meet specific requirements of Customer,
results that may be obtained from the use of the KommandCore service will be accurate or reliable,
quality of any products, services, information, or other materials Customer purchased or obtained through the KommandCore service will meet his/her expectations,
any mistakes will be repaired in the KommandCore service.

Customer expressly understands and agrees that KommandCore LLC shall not be liable for any direct, indirect, incidental, special, consequential or typical damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KommandCore LLC would advise of the possibility of such damages), resulting from:
- use or inability to use the KommandCore service;
- providing or inability to provide the technical maintenance;
- unauthorized access or alteration of information or data sent by Customer;
- statements or behavior of any third party in the KommandCore service;
- or any other matter related to the KommandCore Service.
Customer understands that KommandCore LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the KommandCore service.
KommandCore LLC stores all information represented in Customer's Account (including Files, Tasks, Contacts, Letters and other information) in United States or in any other country. By using the KommandCore service Customer shall agree that his/her data can be transferred abroad in such way.
KommandCore LLC shall reserve the right to refuse in service to anyone for any reason and at any time. KommandCore LLC, in its sole discretion, has a right for temporary or permanent restraint of Customer's Account and refusal of any and all current or future use of the KommandCore service, or any other service of KommandCore LLC, any time and for any reason, including violation of the KommandCore Terms of Service.
KommandCore LLC shall not be liable for loss of data, incorrect use and other violations caused by external sources beyond the KommandCore service (for example, by sources in Internet, in telecommunication networks and any others) and out of its control.
Customer shall be aware that technical processing and transmission of information in the KommandCore service, including Customer’s Content, may be transferred unencrypted.
To ask all questions You have about the Terms of Service, You may contact us by e-mail address: support@kommandcore.com. We shall answer Your question in 5 days at least.

Terms and Definitions

In terms of the present document the definitions stated below are interpreted in the following way:

The KommandCore Terms of Service (Agreement) – the present document framed as a public offer, i.e. an offer addressed to uncertain number of persons to conclude Agreement on the conditions specified in this offer by their full acceptance and containing all significant conditions about the way of establishment, alteration and dissolution of reciprocal rights and duties. The KommandCore Terms of Service includes the present document, and all its annexes, changes and additions which are published and/or will be published by KommandCore LLC by address www.kommandcore.com while this offer is valid. The KommandCore Terms of Service are valid with respect to services and facilities provided by KommandCore LLC under all payment plans and special actions.

The KommandCore Terms of Service Acceptance – it means that Customer agrees by full and absolute acceptance regarding the KommandCore Terms of Service in compliance with conditions specified in article 2 of the present document.

The KommandCore service – is software-and-hardware complex owned by KommandCore LLC and providing Customer with tools and facilities for information exchange, personal activity and group networking with no restriction in a subject field where Customer will mean to use the KommandCore service.

Customer – a physical body, acting sui juris or a corporate body represented by an authorized person intending to use the KommandCore service and accepting the KommandCore Terms of Service. Physical body must be 14 years or older to use the KommandCore service. Representative of a corporate body must have appropriate authorities for conclusion or execution of the present Agreement.

Account – space, containing personal data sent by Customer for his/her identification by connection to the KommandCore service and permitting to identify definitely Account holder (Customer). Every Account is related to database within the KommandCore service in the proper way, containing all materials concerning Account and accessible solely for Customer and third persons invited by Customer into his/her Account.