1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("USER" OR "YOU") AND ROYCESOFT
CORPORATION ("Roycesoft"). BY COMPLETING THE REGISTRATION PROCESS, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT. The Online Service ("Service") is provided to you ("User") under the
following Roycesoft terms ("Terms"). The Terms comprise the entire agreement
between User and Roycesoft and supersede all prior agreements between the
parties regarding the subject matter contained herein.
2. DESCRIPTION OF SERVICE
Roycesoft is providing User with a capability to create and convert PDF files.
User must: (1) provide all equipment and communications services, including a
computer and modem, necessary to establish a connection to the World Wide Web
and (2) provide for own access to the World Wide Web and pay any connection and
service fees associated with such access. In consideration for this Service,
User agrees to: (1) provide certain current, complete, and accurate information
about User as prompted to do so by the Service and (2) maintain and update this
information as required to keep it current, complete and accurate. All
information requested on original sign up shall be referred to as registration
Information ("Registration Information"). Roycesoft will maintain Registration
Information in accordance with these Terms and then current Royce PDF Printer
privacy policy, available at http://www.roycesoft.com/privacy.html. Should there
be any conflict between these Terms and Roycesoft's privacy policy, these Terms
shall supersede the privacy policy. You authorize a recurring monthly or annual
charge to your credit card in exchange for use of the Roycesoft service as
indicated by published standard plans or a customized quote provided for your
specific use. You also agree that the enrollment for the next service period is
automatic. Please note that refunds on a pro-rated basis are issued only for
yearly plans. When yearly subscriptions are cancelled before the subscriptions
end, refunds are issued based on a pro-rated calculation of the subscription
charges at the monthly rate for the plan, for the actual number of months the
account was subscribed (the number of months between the most recent yearly
charges and the cancellation date). If the calculated refund amount exceeds the
yearly subscription rate, then no refund is issued.
Roycesoft will not issue any pro-rated refunds for the remaining period during
the month when an account with a monthly subscription plan ("current plan") is
downgraded to a smaller plan ("new plan") (a plan that costs less per month than
the current plan) during the middle of a month. However the rate applicable to
the new plan will automatically be charged starting the first of the subsequent
month, and you must contact sales@roycesoft.com in order to downgrade. If you
attempt to sign up for a downgraded account via the online system, it will be
considers as a new account and therefore you will be charged for both accounts
until you cancel your old subscription.
3. CONDITIONS OF USE
You are solely responsible for the content of all data You store or retrieve
from, or attempt to store or retrieve from, Your Account. Your use of the
Service is subject to all applicable local, state, national and international
laws and regulations. You will: (a) not use the Service for any illegal
purposes; (b) not use the Service to store, retrieve, transmit or view any file,
data, image or program that contains: (i) any illegal pictures, materials or
information; (ii) any harassing, libelous, abusive, threatening, harmful,
vulgar, pornographic, obscene or otherwise objectionable material of any kind or
nature; (iii) any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation; (iv) any
code or material that violates the intellectual property rights of others; (v)
any Windows temporary files of any kind (including, without limitation, any *.p
or ~*.* files); or (vi) any viruses, worms, "Trojan horses" or any other similar
contaminating or destructive features; (c) comply with United States and other
applicable law regarding the exportation and re-exportation of any data or other
materials from the United States or other jurisdictions through the Service; (d)
not use the Service for any spamming, chain letters or other use that may
otherwise disrupt the Service or the networks through which You access and use
the Service; (e) comply with all regulations, policies and procedures of
networks through which You access and use the Service; and (f) not access or
attempt to access any Service account for which You have no access authorization
or duplicate, modify, distribute or display any of the data or files from any
such account. (h) Roycesoft PDF creation service should not be used to sell
digital content to others. It is not a media for dissemination of digital
content for commercial purposes. WE WILL NOT APPROACH YOUR DATA BUT IF WE
SUSPECT ILLEGAL ACTIVITY WE WILL NOTIFY YOU FOR ACCOUNT TERMINATION
4. MODIFICATIONS TO SERVICE
Roycesoft reserves the right to modify or discontinue the Service with or
without notice to User. Roycesoft shall not be liable to User or any third party
should Roycesoft exercise its right to modify or discontinue the Service.
5. AUTOMATIC CONVERSION OF TRIAL TO PAID ACCOUNTS
Roycesoft may offer trial accounts that require users to provide credit card
information which may be used to convert the trial to a paid account at the end
of free trial period. If the card transaction fails at the end of free trial
period, an email would be sent to the user requesting the user to upgrade the
account manually online. In such a case, if the user fails to upgrade to a paid
account within three business days, account will be suspended.
6. USER ACCOUNT, PASSWORD, AND SECURITY
Once you become a User of the Service, you shall receive a password and an
account. You are entirely responsible if you do not maintain the confidentiality
of your password and account. Furthermore, you are entirely responsible for any
and all activities which occur under your account. You may change your password
at any time by following instructions which we provide to you through our on
line support. You agree to immediately notify Roycesoft of any unauthorized use
of your account or any other breach of security of which you become aware.
7. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. ALTHOUGH
Roycesoft WILL ATTEMPT TO PROVIDE UNINTERRUPTED, TIMELY, AND SECURE SERVICES,
Roycesoft MAKES NO REPRESENTATION THAT IT WILL BE ABLE TO DO SO. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Roycesoft EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Roycesoft MAKES NO WARRANTY THAT THE SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO USER'S COMPUTER \ SYSTEM OR LOSS OF DATA OR UNAUTHORIZED DISCLOSURE OF
DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF SUCH MATERIAL AND/OR
DATA. Roycesoft MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM Roycesoft OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Roycesoft OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION
OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA
OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR
BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR
INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES
STORED THEREIN.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
User's right to use the Service is personal to User. User agrees not to resell
or make any commercial use of the Service, without the prior express written
consent of Roycesoft.
10. SECURITY OF STORED DATA AND FILES
Roycesoft will endeavor to restrict access to the data and files You store or
retrieve from Your Account to persons accessing such data and files through use
of Your Account or Password. It may also be necessary to access users accounts
to verify that the accounts are not being misused, especially with respect to
digital copy-right laws and resource misuse checks including bandwidth.
11. INDEMNIFICATION
User agrees to indemnify and hold Roycesoft, contractors, suppliers and its and
their employees, harmless from and against any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
User's use of the Service, the violation of these Terms by User, or the
infringement by User, or other user of the Service using User's computer, of any
intellectual property or other right of any person or entity.
12. ACCOUNT SUSPENSION:
Account suspension will occur if the user fails to provide a valid credit card
for transactions. If the user fails to provide valid credit card information
within a month of suspension, the account and the entire data stored in the
quota for the user will be terminated. However, if the succeeds to provide the
information the account will be completely recovered.
13. TERMINATION
The User may terminate the Service with or without cause at any time and
effective immediately. Should User object to any terms and conditions of the
Terms or any subsequent modifications thereto or become dissatisfied with the
Service in any way, User's only recourse is to immediately: (1) discontinue use
of the Service; (2) terminate Service Membership; and (3) notify Roycesoft of
termination. Upon termination of the Service, User's right to use the Service
and Software immediately ceases. User shall have no right and Roycesoft will
have no obligation thereafter to continue to store User’s data or information or
to forward any unread or unsent messages to User or any third party. Roycesoft
will terminate accounts in two cases (1) after a month of account suspension.
(2) Misuse suspicion. In either case, the user is notified of the action via an
email from Roycesoft.
14. NOTICE
All notices to a party shall be in writing and shall be made either via email or
conventional mail. Roycesoft may broadcast notices or messages through the
Service to inform User of changes to the Terms, the Service, or other matters of
importance; such broadcasts shall constitute notice to User.
15. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in either
sponsor advertisements or email-distributed, commercially produced information
presented to User by the Service ("Content") by Roycesoft or Roycesoft's
Advertisers (“Advertiser”), is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws; therefore, User is only
permitted to use this Content as expressly authorized by the Service or the
Advertiser. User may not copy, reproduce, distribute, or create derivative works
from this Content without expressly being authorized to do so by the Service or
the Advertiser.