By using the SesameVault.com web site (“Service”), or any services of Open Box Technologies, Inc. (“OBT”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Violation of any of these Terms of Service will result in the termination of your Account. You agree to use the Service at your own risk.

Account Terms

• You must be 13 years or older to use this Service. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person – a single login shared by multiple people is not permitted.
• You are responsible for maintaining the security of your account and password. OBT cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account.
• If you are using a free account you are not permitted to block ads. One person or legal entity may not maintain more than one free account.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

Customers may access their SesameVault account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses SesameVault, is bound by the terms of this agreement plus the following specific terms:

• You expressly understand and agree that OBT 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 OBT has been advised of the possibility of such damages), resulting from your use of the API or third- party products that access data via the API.

Payment, Refunds, Upgrading and Downgrading Terms

• A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
• The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• For any downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
• For any upgrade in plan level, your credit card that you provided will automatically be charged the rate difference and any additional charges incurred on your previous plan immediately.

Cancellation and Termination

• You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
• All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
• If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. However, if you have incurred any additional charges over that month, including but not limited to data transfer overages, your credit card that you provided will automatically be charged these additional charges before your account is deleted.
• OBT, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other OBT service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. OBT reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

• OBT 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.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from OBT. Such notice may be provided at any time by posting the changes to the SesameVault Site (www.sesamevault.com) or the Service itself.
• OBT shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

• We claim no intellectual property rights over the material you provide to the Service. Your profile and Content uploaded remain yours.
• OBT does not pre-screen Content, but OBT and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. While OBT prohibits certain conduct and Content on the Service, you understand and agree that OBT cannot be responsible for the Content posted on the Service and you therefore may be exposed to such prohibited Content or materials.
• The look and feel of the Service is copyright©2004-2007 OBT. All proprietary rights, including trademark, copyright or otherwise are fully reserved by OBT. You may not duplicate, copy, redistribute or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from OBT.

General Conditions

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• Technical support is only provided to paying account holders and is only available via email.
• You understand that OBT uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, OBT, or any other OBT service.
• You agree not to reproduce, duplicate, copy, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by OBT.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OBT customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not transmit any worms or viruses or any code of a destructive nature.
• OBT does not warrant that (1) the service will meet your specific requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors in the Service will be corrected.
• You expressly understand and agree that OBT 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, or for any other damages to person or property (even if OBT has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the service; (2) 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; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; (5) or any other matter relating to the Service.
• You agree to defend, indemnify and hold harmless OBT, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
• The OBT Website shall be deemed a passive website that does not give rise to personal jurisdiction over OBT, either specific or general, in jurisdictions other than it’s state of incorporation or principal place of business, which shall have exclusive jurisdiction over any disputes or enforcement of or relating to the Service and these Terms of Service
• The failure of OBT to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OBT and govern your use of the Service, superceding any prior agreements between you and OBT (including, but not limited to, any prior versions of the Terms of Service).

CHANGES AND UPDATES

OBT 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 can review the most current version of the Terms of Service at any time at: http://www.sesamevault.com/legal/terms_of_service

Questions about the Terms of Service should be sent to support@sesamevault.com