PasTools Terms of Service

Dochstader Developments Ltd. ("PasTools", "we", "us" and terms of similar meaning) provides the PasTools product (in these terms we call the PasTools software, website and any successor websites, and any services provided by PasTools, the "Product") to you subject to these terms and conditions of use (these "Terms"). Please read these Terms carefully before using the Product. By accessing or using the Product you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Product.

PasTools reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Product, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Product, and your continued use of the Product after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Product. If you do not agree to any amended Terms, you must stop using the Product. You can review the most current version of the Terms of Service at any time at: http://www.pastools.com/Terms.aspx

Privacy Policy

Please refer to the PasTools privacy policy ("Privacy Policy"), available at: http://www.pastools.com/Privacy.aspx for information on how PasTools collects, uses and discloses personally identifiable information from its users. By using the Product you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

Account Terms

  • The Product is not intended to be used by children. You must be at least of the age of majority to use this Product.
  • The services we provide through the Product are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
  • You are responsible for maintaining the security of your account and password. PasTools 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 (even when Content is posted by others who have accounts under your account).
  • You may not use the Product for any illegal or unauthorized purpose. You must not, in the use of the Product, violate any laws in your jurisdiction (including but not limited to copyright laws).

Application Program Interface Terms

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

  1. You expressly understand and agree that PasTools 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 PasTools 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.
  2. Abuse or excessively frequent requests to PasTools via the API may result in the temporary or permanent suspension of your account's access to the API. PasTools, in its sole discretion, will determine abuse or excessive usage of the API. PasTools will make a reasonable attempt via email to warn the account owner prior to suspension.
  3. PasTools reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment Terms and Product Limits

The Product is billed in advance on an annual subscription basis ("Subscription") and is non-refundable. There will be no refunds or credits for partial years of service, upgrade/downgrade refunds, or refunds for unused time periods with an open account.

If you have signed up for a Subscription, you will agree to a payment plan ("Payment Plan") that includes an annual fee ("Annual Fee") and defines additional charges ("Overages") for usage of the Product beyond that covered by the Payment Plan. Any Overages are billed to your account at the end of your current Subscription period and must be paid prior to renewal of the Subscription. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.

The current limits of your Payment Plan, Annual Fee and Overages rates are detailed on your annual invoice ("Invoice"). The contents of your Payment Plan, Annual Fee, Overages and any other charges for the use of the Product may change from time to time. If we change them, we will give you at least sixty (60) days’ notice via the email address you provide in your registration information, if any. If they do change, your continued use of the Product after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the Subscription period in which the change occurs. PasTools shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Product.

The Product will be automatically renewed upon the expiration of the then current Subscription, unless you give PasTools written notice sixty (60) days prior to the end of the then current Subscription, of your intention to terminate the Product. The Annual Fee and Overages at the time of automatic renewals will be at the then-current Product rates as applicable to your Payment Plan.

Copyright and Content Ownership

You warrant that you own or have sufficient legal right to the intellectual property rights in Your Content and that Your Content, including any use thereof by PasTools as described below, does not violate applicable law or the rights of any third party. You hereby grant PasTools, PasTools’ affiliates, and PasTools’ partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content in the Product and other related Internet sites for your users, (ii) processing Your Content in connection with deliverying the Product to you, (iii) distributing Your Content, either electronically or via other media, to your users seeking to download or otherwise acquire it, and/or (iv) storing or hosting Your Content in a remote database or in the Product for access by your users. This license will apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

PasTools does not pre-screen Content, but PasTools 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 Product.

The look and feel of the Product is copyright©2006 Dochstader Developments Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from PasTools.

PasTools and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Product and in all trade names, trademarks and service marks associated or displayed with the Product. You will not remove, deface or obscure any of PasTools’ or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Product. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Product.

No Warranties

You understand and agree that the Product is provided "as is" and PasTools, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. PasTools, its affiliates, suppliers and resellers make no warranty or representation, regarding the results that may be obtained from the use of the Product, or that the Product will meet any user's requirements. Use of the Product is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Product. The entire risk arising out of use or performance of the Product remains with You. You agree to indemnify, defend and hold harmless PasTools, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Product, Your violation of these Terms or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Product is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, PasTools, its affiliates, suppliers and resellers specifically disclaim any express or implied warranty of fitness for such purposes.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will PasTools or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Product, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if PasTools, its affiliates, suppliers or resellers have been advised of the possibility of such damages.

General Conditions

  • Your use of the Product is at your sole risk. The Product 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 PasTools uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Product.
  • You must not modify, adapt or hack the Product or modify another website so as to falsely imply that it is associated with the Product, PasTools, or any other PasTools service.
  • 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.
  • You understand that the technical processing and transmission of the Product, 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.
  • If your usage of the Product exceeds the limits defined by your Payment Plan, or significantly exceeds the average bandwidth usage (as determined solely by PasTools) of other PasTools customers, we reserve the right to immediately disable your account or throttle your use of the Product until you can reduce your bandwidth consumption.
  • PasTools does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Product will be corrected.
  • You expressly understand and agree that PasTools 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 PasTools has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • You and PasTools explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Product will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
  • The failure of PasTools to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
  • Failure by either party to exercise any of its rights under, or to enforce any provision of, these Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these Terms will remain in full force and effect.
  • If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  • PasTools may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of PasTools, and any such attempted assignment will be void and unenforceable.
  • These Terms constitute the entire agreement between you and PasTools regarding your use of the Product, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and PasTools regarding your use of the Product.
  • The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.

Any questions regarding these Terms should be addressed to PasTools Support.