Legal Terms and Trademarks
Trademarks
HStreaming is a trademark of HStreaming LLC
Apache Hadoop, Hadoop, Apache Mahout, Mahout, Apache Hive, Hive, Apache HBase, HBase, Apache Pig, Pig, Apache Zookeeper, and Zookeeper are all trademarks of Apache Software Foundation. The logos for Hadoop, Mahout, Hive, HBase, Pig, and Zookeeper are all trademarks of Apache Software Foundation
All other trademarks are the property of their respective owners
HSTREAMING CLOUD
END-USER LICENSE AGREEMENT
Version 1.0
Effective February 15th, 2011
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("LICENSE AGREEMENT") CAREFULLY. THIS AGREEMENT INCORPORATES BY REFERENCE (1) THE HSTREAMING PRIVACY POLICY POSTED ON http://www.hstreaming.com/legal, (2) THE TERMS OF USE POSTED ON http://www.hstreaming.com/legal, AND THE AMAZON AWS AGREEMENT ( AS DEFINED BELOW), AS THESE POLICIES AND TERMS MAY BE MODIFIED BY HSTREAMING OR AMAZON FROM TIME TO TIME. BY CLICKING ON THE "I AGREE" BUTTON AND/OR BY USING THE HSTREAMING SOFTWARE ("HSTREAMING SOFTWARE") IN CONNECTION WITH THE AMAZON ELASTIC COMPUTE CLOUD ("EC2") PLATFORM AND OTHER SERVICES OFFERED AS A PART OF THE AMAZON WEB SERVICES (THE "SERVICES"), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT, (2) YOU HAVE AN AMAZON WEB SERVICES ACCOUNT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS LICENSE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM "YOU" REFERS TO THE INDIVIDUAL, OR A LEGAL ENTITY, AS APPLICABLE IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE HSTREAMING WEBSITE. TERMS AND CONDITIONS
1. DEFINITIONS. Capitalized terms are defined as set forth below or elsewhere in the License Agreement.
1.1 "Amazon" means Amazon.com, Inc., and its affiliated companies.
1.2 "AWS Agreement" means the documents that comprise the agreement between Amazon and a user of the Amazon Web Services.
1.3 "HStreaming Software" is the HStreaming's proprietary distribution of Apache Hadoop, inbound and outbound connectors, and any other software that HStreaming may make available to You pursuant to this License Agreement.
1.4 "HStreaming Library" includes the scripting job templates created by HStreaming, the software code that implements each template, and inbound and outbound connectors.
1.5 "HStreaming Property" includes the HStreaming Software, the HStreaming Library, and any published documentation or other content that HStreaming may make available to You pursuant to this License Agreement.
1.6 "Your Data" is any data or other content (including but not limited to queries, connectors, and other software code) that You may use or make available for processing by the HStreaming Software.
2. SCOPE OF RIGHTS
2.1 License to HStreaming Software. Subject to the terms and conditions of this License Agreement, HStreaming grants You a non-exclusive right to access, use, perform, and digitally display the HStreaming Software in object-code form with a virtual machine pre-built by HStreaming for the EC2 platform solely as a part of the Services and to use a reasonable number of copies of the Documentation solely to support Your licensed use of the HStreaming Software. You are allowed an unlimited number of simultaneous uses and users on the machine. Hosting is strictly prohibited.
2.2 License to HStreaming Library. Subject to the terms and conditions of this License Agreement, HStreaming grants You a nonexclusive license to use the HStreaming Library, to create modified versions of the HStreaming Library ("Derivative Works"), and to use the Derivative Works solely for the purpose of launching queries in connection with Your licensed use of the HStreaming Software. You may create such Derivative Works for Your use only and store such Derivative Works in Your private library, or You may upload such Derivative Works to the public part of the library and share it with HStreaming and other users of the HStreaming Software. In the event that You elect to share Your Derivative Work(s), You hereby grant HStreaming and its users a royalty-free, fully paid, non-exclusive, perpetual and irrevocable license (with rights to sublicense through multiple tiers of distribution) to use, copy, modify, distribute, perform and display the Derivative Works and to incorporate the Derivative Works in connection with the licensed use of the HStreaming Software.
2.3 Limitations on Use. You may not use, copy, modify, adapt, alter, translate, or distribute the HStreaming Software, the HStreaming Library, or any HStreaming Property, or make any copy, adaptation, transcription, or merge any portion thereof, except as expressly authorized by HStreaming in a separate written agreement signed by HStreaming. You may not reverse assemble, reverse compile, or otherwise translate the HStreaming Property. Notwithstanding the foregoing, decompiling the HStreaming Property is permitted to the extent the laws of the jurisdiction where You are located give You the right to do so to obtain information necessary to render the HStreaming Property interoperable with other software; provided, however, that You must first request such information from HStreaming and HStreaming may, in its discretion, either provide such information to You or impose reasonable conditions, including reasonable fees, on such use of the HStreaming Property to ensure that HStreaming's proprietary rights in the HStreaming Property are protected. Your license may not be transferred, leased, assigned, or sub-licensed without HStreaming's prior written consent. In no event may You lend or give access to the HStreaming Software, the HStreaming Library, or any other HStreaming Property on a service bureau or timesharing arrangement or otherwise provide or give access to any third party who is not part of Your organization. Breach of these limitations will result in Your license being terminated.
2.4 Modifications. HStreaming may, at its sole discretion, modify the HStreaming Software, the HStreaming Library, and/or any other HStreaming Property at any time and without notice to You.
2.5 Open Source Software. Certain items of software delivered with the HStreaming Software, including but not limited to the Hadoop Open Source Software, are subject to "open source" or "free software" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of Sections 2.1, 2.3, or 9. Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in this License Agreement limits Customer's rights under, or grants Customer rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, HStreaming makes such Open Source Software, and HStreaming's modifications to that Open Source Software, available by written request to HStreaming at Attention: Licensing, HStreaming LLC, 1608 S Ashland Avenue, Suite # 20439, Chicago, IL 60608
3. USE OF THE SERVICES. You acknowledge and agree that Your use of the Services is subject to the terms of Your AWS Agreement, that HStreaming has no liability related thereto, and that Your remedies, if any, for breach of the AWS Agreement or any other failure or malfunctioning of the Services is against Amazon, not HStreaming. You agree to indemnify and hold HStreaming harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Your use of the Services. In the event of any conflict between this License Agreement and the AWS Agreement, the terms of the AWS Agreement shall control.
4. PAYMENT TERMS FOR USE OF SOFTWARE. You will pay for the use of the HStreaming Property as set forth in the Amazon Payments User Agreement that is provided immediately before You place Your order. You are fully liable for all charges incurred for Your use of the HStreaming Software and Services under Account Identifiers issued to You by Amazon. You are fully responsible for all activities that occur under Your Account Identifiers, regardless of whether such activities are undertaken by You or a third party. You are responsible for maintaining up-to-date and accurate information (including contact information) for Your AWS account. HStreaming is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your Data which Your submit or use in connection with the HStreaming Software or the Services. You are responsible for ensuring that the HStreaming Software is shut down by Amazon each time that You shut down Your access to the HStreaming Software through HStreaming.
5. DISCLAIMERS
5.1 No Warranty. THE HSTREAMING PROPERTY IS PROVIDED WITHOUT WARRANTY OR CONDITION AND "AS IS." HSTREAMING MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS RELATED TO THE AVAILABILITY OF THE HSTREAMING PROPERTY OR THE SERVICES. HSTREAMING SHALL HAVE NO LIABILITY, IN CONTRACT, FOR NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OF THE HSTREAMING PROPERTY OR THE SERVICES. HSTREAMING MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THIS LICENSE AGREEMENT OR ANY OTHER COMMUNICATION; AND HSTREAMING SPECIFICALLY DISCLAIMS ANY WARRANTY OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT HSTREAMING'S LEGAL DEPARTMENT AT 1608 S ASHLAND AVENUE, SUITE #20439, CHICAGO, IL 60608.5.2 Your Data. You understand and agree that the submission of Your Data to HStreaming is done at Your own discretion and risk and that You will be solely responsible for any loss or damage to Your Data. You are solely responsible for creating back-ups of Your Data.
6. LIMITATION OF LIABILITY. HSTREAMING'S AGGREGATE CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE HSTREAMING SOFTWARE SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO HSTREAMING BY AMAZON FOR YOUR ACCESS TO THE HSTREAMING PROPERTY OR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISES TO SUCH CLAIM. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, HSTREAMING WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS ARISING OUT OF OR RELATED TO THE HSTREAMING PROPERTY OR THE SERVICES, EVEN IF HSTREAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE HSTREAMING'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF HSTREAMING OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You acknowledge that HStreaming would not enter into this License Agreement without these limitations on its liability.
7. INTELLECTUAL PROPERTY
7.1 HStreaming Software. HStreaming shall have sole right, title, and interest in and to the HStreaming Software and all documentation relating to the HStreaming Software (including its development or its operation, testing or use, and all reports and copies created), and all intellectual property rights associated the HStreaming Software (including, without limitation, rights to copyrights, patents, trade secrets, and know-how). This License Agreement does not provide You with title or ownership of the HStreaming Software, but only a right of limited use under this license.
7.2 Your Data. Other than the rights and interests expressly set forth in this License Agreement, You reserve all right, title and interest (including all intellectual property and proprietary rights) in and to Your Data. HStreaming will not disclose Your Data except (i) if You expressly authorize HStreaming to do so in connection with Your use of the HStreaming Software or (ii) as necessary to process Your Data, or to comply with this License Agreement or the request of a governmental or regulatory body, subpoenas or court orders.
7.3 Feedback. In the event You elect to communicate to us suggestions for improvements to the HStreaming Property (collectively, "Feedback"), HStreaming shall own all right, title, and interest in and to the same, even if You have designated the Feedback as confidential, and HStreaming shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to HStreaming and agree to provide HStreaming such assistance as we may require to document, perfect, and maintain our rights to the Feedback.
8. INDEMNIFICATION
8.1 Indemnification. If a third party claims that the HStreaming Software infringes any U.S. patent, copyright, or misappropriates a trade secret, HStreaming will (as long as You are not in default under this License Agreement or any other agreement with HStreaming) defend You against such claim at HStreaming's expense and pay all damages that a court finally awards, including reasonable attorneys' fees, provided that You promptly notify HStreaming in writing of the claim, allow HStreaming to control the defense of such claim, and cooperate with HStreaming in the defense or any related settlement negotiations.
8.2 Disclaimer of Indemnification. The indemnification set forth in Section 8.1 only applies to HStreaming Software. HStreaming expressly disclaims any right of indemnification relating the Services or any other third party software products.
8.3 Right to Cure. If such a claim is made or appears possible, HStreaming may, at its option, secure for You the right to continue to use the HStreaming Software, or modify or replace the HStreaming Software so it is non-infringing, or, if neither of the foregoing options is available in HStreaming's judgment, return to You any associated fees paid for the use of the HStreaming Software during the applicable period.
8.4 No Obligation. HStreaming has no obligation for any claim based on a modified version of the HStreaming Software, or its combination, operation, or use with any product, data, or apparatus not provided by HStreaming, or for the data provided by You. THIS PARAGRAPH STATES HSTREAMING'S ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT.
9. TERM AND TERMINATION
9.1 Material Breach. This License Agreement and the licenses granted herein may be terminated: 1) by You upon a material breach by HStreaming of the terms of this License Agreement, which breach has not been cured within thirty (30) days after HStreaming received Your written notice thereof; 2) by HStreaming, immediately upon written notice, in the event of Your material breach of any provision of this License Agreement; or 3) by HStreaming at any time in the event that Your right and license to use any Services is terminated or HStreaming ceases to offer the HStreaming Software on the Services. Upon termination of the License Agreement HStreaming will delete Your private Account Identifiers, and thirty (30) days after such termination HStreaming may delete Your Data.
9.2 Survival. Notwithstanding the termination of this License Agreement for any reason, the rights and duties of the parties under Sections 4 (Payment Terms for Use of Software), 5 (Disclaimers), 6 (Limitation of Liability), 7 (Intellectual Property), 8 (Indemnification), 9.2 (Survival) and 10 (General) shall survive such termination and remain in full force and effect.
10. GENERAL
10.1 Assignment. This License Agreement (including its licenses with respect to the HStreaming software) shall not be assignable by You, by operation of law or otherwise, without the prior written consent of HStreaming.
10.2 Waiver of Construction against the Drafter. This License Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against either of the parties to this License Agreement.
10.3 Severability. In the event that any provision of this License Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this License Agreement shall remain valid and enforceable according to its terms. WITHOUT LIMITING THE FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT, IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL OTHER LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT.
10.4 Export. You agree to comply with all applicable export and import control laws and regulations in Your use of the HStreaming Property and any technical data provided by HStreaming to You.
10.5 Notices. All notices or other communications required to be given under this License Agreement shall be in writing and delivered either personally, by U.S. mail, certified, return receipt requested, postage prepaid, and addressed as provided in this License Agreement or as otherwise requested by the receiving party. If the notice is sent by HStreaming to You, it may also be delivered by email to the address that You provided to HStreaming when You registered. Notices delivered personally shall be effective upon delivery, notices delivered by mail shall be effective upon their receipt by the party to whom they are addressed, and notices delivered by email shall be effective when they are sent.
10.6 Governing Law. This License Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Illinois as they apply to a contract made and performed in such state. You and HStreaming agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Chicago, Illinois (USA) and the federal courts located in the Northern District of Illinois (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this License Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this License Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, HStreaming may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where You are located may be different from Illinois law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to Your use of the HStreaming Property.
10.7 Modifications. HStreaming reserves the right to change the terms and conditions of this License Agreement at any time and shall notify You by posting notice of the change on the HStreaming website (the "Site"), provided that if HStreaming makes any material changes, HStreaming will also notify You by sending You an email to the last email address You provided to HStreaming in accordance with Section 10.5. Any changes to this License Agreement will be effective thirty (30) days afar posting of the notice of such changes on the Site provided that any material changes will be effective upon the earlier of thirty (30) days after posing of notice of such changes on the Site or thirty (30) days after dispatch of an email notice of such changes to You. If You do not agree to any change after receiving notice of such change, You shall stop using the HStreaming Property and terminate this License Agreement as described above. Otherwise, Your continued use of the HStreaming Property shall constitute Your acceptance of the changes. Please regularly check the Site to view the then-current License Agreement.
10.8 Waiver. A waiver by either party of its rights hereunder shall not be binding unless contained in a writing signed by an authorized representative of the party waiving its rights. The non-enforcement or waiver of any provision on one (1) occasion shall not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. It is agreed that no use of trade or other regular practice or method of dealing between the parties hereto shall be used to modify, interpret, supplement, or alter in any manner the terms of this License Agreement.
10.9 Arbitration. Any controversy or claim arising out of or relating to this License Agreement, or the breach thereof that fails to settle by mediation, shall be settled by binding arbitration in the city of Chicago, Illinois, administered by JAMS in accordance with its then current Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may award monetary damages, punitive damages, injunctive relief, rescission, restitution, costs and attorneys' fees. The arbitration award shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration. The arbitrator shall not have the power to amend this License Agreement in any respect. Notwithstanding the foregoing, the parties agree that this Section does not apply to the breach of provisions pertaining to confidentiality and proprietary rights, and that either party may petition a court of law for injunctive relief and such other rights and remedies as it may have at law or equity against such breaches.
10.10 Attorneys' Fees. In the event of any dispute with respect to this License Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and other costs and expenses incurred in resolving such dispute.
10.11 International Provisions. The following provisions shall apply only if You are located in the countries listed below.
10.11.1 United Kingdom. A party who is not a party to this License Agreement has no right under the Contracts (Rights on Third Parties) Act 1999 to enforce any term of this License Agreement, but this does not affect any right or remedy of such party which exists or is available apart from that Act.
10.11.2 Germany. Notwithstanding anything to the contrary in Section 6, HStreaming is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by breach of any substantial contractual obligations (vertragswesentliche Pflichten).
HSTREAMING PRIVACY POLICY
Version 1.0
Effective: February 15, 2011
HStreaming LLC (“HStreaming”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at HStreaming.com, and HStreaming products (the “Products”) and services (the “Services”).
1. USER CONSENT. By submitting Personal Data through our website, Products, or Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy.
2. A NOTE ABOUT CHILDREN. We do not intentionally gather Personal Data about visitors who are under the age of 13.
3. A NOTE TO USERS OUTSIDE OF THE UNITED STATES. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
4. TYPES OF DATA WE COLLECT. HStreaming collects Personal Data and Anonymous Data from you when you visit our site, when you send us information or communications, and/or when you download and use our Products or Services. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
4.1 Personal Data You Provide to Us. We collect Personal Data from you, such as user name, first and last name, email and mailing address, professional title, company name, password, and Amazon Web Services (“AWS”) secret keys, when you create an account to log in to our network. We also retain information on your behalf, such as certain information about computing jobs you run using our Products and Services including your job history, HStreaming library usage, CPU utilization, memory usage, network performance, and error and information messages. If you provide us feedback or contact us via e-mail (e.g., in response to an employment opportunity posted on our website), we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume. When you participate in one of our surveys, we may collect additional profile information. When you post messages on the message boards of our website, the information contained in your posting will be stored on our servers and other users will be able to see it. We also collect other types of Personal Data that you provide to us voluntarily, such as operating system and version, and other requested information if you contact us regarding support for the Products. We may also collect Personal Data, such as demographic information, from you via the Products or Services or at other points in our website that state that Personal Data is being collected.
4.2 Personal Data Collected via Technology. To make our website, Products and Services more useful to you, our servers (which may be hosted by a third party service provider) collect Personal Data from you, including browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our website or access your account on our network. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our website. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of our website may not work properly.
4.3 Personal Data That We Collect from You About Others. If you decide to e.g., create an account for and invite a third party to join our network, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. You or the third party may contact us at support@hstreaming.com to request the removal of this information from our database.
5. USE OF YOUR DATA
5.1 General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. HStreaming uses your Personal Data in the following ways, e.g., to facilitate the creation of and secure your account; identify you as a user in our system; provide improved administration of our website and Products and Services; improve the quality of experience when you interact with our website and our Products and Services; send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created; send you administrative e-mail notifications, such as security or support and maintenance advisories; communicate with AWS to launch, manage, and shutdown machines and jobs on your behalf to the extent requested by you, connect to third party providers via connectors provided as a part of the Products or Services or via connectors provided by you; respond to your inquiries related to employment opportunities at HStreaming or to other requests; to send promotional communications; to send upgrades and special offers related to our Products and Services and for other marketing purposes of HStreaming or our Third Party Companies (as defined in Section 7.1. below), should you opt-in to receive such communications by following the instructions we provide; to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback.
5.2 Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Products and Services and improve site navigation. HStreaming reserves the right to use and disclose Anonymous Data to Third Party Companies in its discretion.
5.3 Feedback. If you provide feedback on any of our Products or Services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Data. HStreaming will collect any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy Policy.
6. DISCLOSURE OF YOUR PERSONAL DATA
6.1 Affiliates. Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), we may in the future. We may share some or all of your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
6.2 Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), HStreaming may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on HStreaming; or (b) protect or defend the rights or property of HStreaming or users of the Products or Services.
7. THIRD PARTIES
7.1 Personal and/or Anonymous Data Collected by Third Parties.
(a) We may receive Personal and/or Anonymous Data about you from other sources like telephone or fax, or from companies that provide our Products or Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our website (“Third Party Companies”). We do not receive Personal Data about you from AWS except for information that you provide to us directly. Our Third Party Companies may supply us with Personal Data in order to help us establish the account. We may add this information to the information we have already collected from you via our website in order to improve the Products and Services we provide.
(b) Our provision of a link to any other website or location, such as the Amazon AWS payment processing website, is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, another entity may collect Personal Data or Anonymous Data from you.
(c) We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.
7.2 Disclosure to Third Party Service Providers. Except as otherwise stated in this policy, we do not generally sell, trade, share, or rent the Personal Data collected from our services to other entities. However, we may share your Personal Data with third party service providers to provide you with the Products and Services that we offer you through our website; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; or to provide specific services, such as providing data services, in accordance with your instructions. These third party service providers are required not to use your Personal Data other than to provide the services requested by HStreaming. You expressly consent to the sharing of your Personal Data with our contractors and other service providers for the sole purpose of providing services to you.
7.3 Disclosure to Third Party Companies. We may enter into agreements with Third Party Companies. For example, we have agreements with Amazon related to AWS, and we share information with AWS as required to launch, manage and shut down machines and jobs on your behalf. Other Third Party Companies may want access to Personal Data that we collect from their customers. As a result, we may disclose your Personal Data to a Third Party Company; however, we will not disclose your Personal Data to Third Party Companies for the Third Party Companies’ own direct marketing purposes, unless you have “opted-in” by following the instructions we provide to allow such disclosure. If you have opted-in to receive e-mail communications from a Third Party Company and later wish to discontinue receipt of these e-mails, please contact the Third Party Company directly to update your preferences. The privacy policies of our Third Party Companies may apply to the use and disclosure of your Personal Data that we collect and disclose to such Third Party Companies. Because we do not control the privacy practices of our Third Party Companies, you should read and understand their privacy policies.
8. YOUR CHOICES REGARDING YOUR PERSONAL DATA
8.1 Choices. We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send you free newsletters and e-mails that directly promote the use of our site or the purchase of our Products or Services and may contain advertisements for Third Party Companies. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy.
8.2 Changes to Personal Data. You may change any of your Personal Data in your account by editing your profile within the Account setting. You may request closure of your account and deletion of your Personal Data by us through the account closing mechanism provided by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
9. SECURITY OF YOUR PERSONAL DATA. HStreaming is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that HStreaming cannot fully eliminate security risks associated with Personal Data and mistakes may happen.
10. CONTACT INFORMATION. HStreaming welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at legal@hstreaming.com or contact us at the following address:
HStreaming
Attn: Jana Uhlig, Chief Executive Officer
1608 S Ashland Avenue, Suite # 20439, Chicago, IL 60608
11. DISPUTE RESOLUTION. If you believe that HStreaming has not adhered to this Statement, please contact HStreaming by e-mail at legal@hstreaming.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and HStreaming are unable to reach a resolution to the dispute, you and HStreaming will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org).
12. CHANGES TO THIS PRIVACY POLICY. This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our website, Products or Services. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our website, Products, or Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Terms of Use
Version 1.0
Effective February 15th, 2011
Welcome to the HStreaming site. HStreaming provides this site to you subject to the following Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE HSTREAMING SERVICE OR PRODUCT, YOU WILL ALSO BE SUBJECT TO THE GUIDELINES, TERMS AND AGREEMENTS (“TERMS”) APPLICABLE TO SUCH SERVICE OR PRODUCT. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH TERMS, THE TERMS SHALL CONTROL.
1. Privacy. Please review our Privacy Policy at www.hstreaming.com/legal, which also governs your visit to this Site, to understand our practices.
2. License. HStreaming owns and operates the Site. The documents and other information and content available on the Site (the “Site Content”) are protected by copyright laws throughout the world. The compilation of the Site Content on this Site is the exclusive property of HStreaming and is protected by U.S. and international copyright laws. HStreaming grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of HStreaming. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by HStreaming in a separate license, your right to use any Site Content or other materials that you access or download through the Site is subject to these Terms of Use. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. This Site or any portion of this Site may not be reproduced, duplicated, copied, sole, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HStreaming. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of HStreaming without HStreaming’s express written consent. You may not use any meta tags or other “hidden text” using HStreaming’s name or trademarks without the express written consent of HStreaming. HStreaming and its suppliers reserve all rights not granted in these Terms of Use. Any unauthorized use terminates the permission or license granted by HStreaming pursuant to these Terms of Use.
2. Trademarks. HStreaming and certain other related graphics, logos, page headers, button icons, scripts, service marks, and trade names used on the Site are the trademarks of HStreaming and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners, which may or may not be affiliated with, connected to, or sponsored by HStreaming.
3. Modification. HStreaming reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that HStreaming will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
4. Your Content. Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasion of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. HStreaming reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, including software code, and unless we indicate otherwise, you grant HStreaming a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content (“Your Content”) throughout the world in any media. You grant HStreaming and sublicensees the right to use the name that you submit in connection with Your Content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to Your Content; that Your Content is accurate; that use of Your Content does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HStreaming for all claims resulting from Your Content. HStreaming has the right but not the obligation to monitor and edit or delete any activity or content. HStreaming takes no responsibility and assumes no liability for Your Content or any content posted by any third party.
You and third parties may be permitted to upload certain software, applications, libraries, data, sample code and other code (“Third Party Software”) to community areas of the Site. You acknowledge that HStreaming has not tested or screened such Third Party Software, you use such Third Party Software at your own risk, and such Third Party Software may be subject to separate license terms as determined by the party posting such content.
HStreaming will treat any feedback or suggestions you provide to HStreaming as non-confidential and non-proprietary. Thus, in the absence of a written agreement with HStreaming to the contrary, you agree that you will not submit to HStreaming any information or ideas that you consider to be confidential or proprietary.
5. Copyright Complaints. HStreaming respects the intellectual property of others. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Site of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for HStreaming’s Copyright Agent for notice of claims of copyright infringement is as follows:
HStreaming
Attn: Jana Uhlig, Chief Executive Officer
1608 S Ashland Avenue, Suite # 20439, Chicago, IL 60608
6. Communications. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you be email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by submitting your contact information and any other personal information through the Site, you hereby authorize HStreaming to use and disclose this information, including for the purposes of sending periodic mailings to you about HStreaming products, services, and news. These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Site Content).
7. Third Party Links. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of HStreaming. HStreaming is not responsible for the content of any third party web site or any link contained in a third party web site. HStreaming provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.
8. Warranty Disclaimer. HSTREAMING IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. HSTREAMING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. HSTREAMING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. Limitation of Liability. IN NO EVENT SHALL HSTREAMING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50). CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Amendment. HStreaming may, at any time, revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site. If any of these Terms of Use shall be deemed invalid, void, or, for any reason, unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
11. General Provisions. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Illinois, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which HStreaming’s principal place of business is located for any lawsuit filed there against you by HStreaming arising from or related to these Terms of Use.
If you have any questions about the foregoing, please contact us at the following e-mail address: legal@hstreaming.com.
