TERMS OF SERVICE

FOR

MICROSOFT HOSTED WINDOWS SHAREPOINT SERVICES SITE

BY ACCESSING OR OTHERWISE USING THE WINDOWS SHAREPOINT SERVICES SITE HOSTED BY MICROSOFT CORPORATION (“SITE”), YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE.  If you do not agree to these Terms of Service, you are not authorized to access or make use of the Site.

These Terms of Service comprise a legal agreement between you and Microsoft, and govern your use of the Site. 

PRIVACY

The site is hosted by Microsoft. Any personal information posted to the site may be viewed by other users.

YOUR WARRANTIES
You make the following representations and warranties. Microsoft shall have the right to terminate your access to the Site, without notice at any time, if any representation warranty made by you proves to be untrue in any respect.

You represent and warrant that:

• You will not use this Site for any purpose that is unlawful, or prohibited by these Terms of Service;
• You will not interfere with or disrupt the Site or servers or any network connected to the Site; and
• You have and control all of the intellectual property, proprietary and similar rights necessary for all material you post, upload, or otherwise submit to the Site.  

You agree that you will defend and indemnify Microsoft and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS OF LIABILITY AND DISCLAIMERS
Your access to and use of the Site is at your own risk. Microsoft makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Site. Without limiting the foregoing, NEITHER MICROSOFT NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE SITE FOR ANY PURPOSE. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

• DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE;
• OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Without limiting the foregoing, Microsoft is not responsible for any of your data residing on Microsoft hardware or systems, including such hardware or systems provided to Microsoft by third parties. You are responsible for maintaining and backing-up your data and information that may reside on the Microsoft hardware or systems, including such hardware or systems provided to Microsoft by third parties. Microsoft will not be liable for any damage, loss or disclosure of data arising out of or otherwise related to your use of the Site. 

You acknowledge and agree that certain technical processing of documents and their content may be required to: (1) store and retrieve documents; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the service; (4) conform to other similar requirements; or (5) optimize the performance of Windows SharePoint Services in a hosted environment.

Microsoft shall utilize reasonable efforts to maintain any data and files you have stored on the Site for a period of sixty (60) days following the effective date of termination of the Site, but is not required to do so.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.

GENERAL
These Terms of Service are governed by the laws of the State of Washington, U.S.A.   You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA in all disputes arising out of or relating to the use of the Site.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute your entire agreement with Microsoft with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Microsoft with respect to the Site.

Any rights not expressly granted herein are reserved by Microsoft.