Important: Please read this Beta Test Program Participation Agreement (“Participation Agreement”) carefully as it sets out the terms and conditions you must agree to in order to participate in the Private Beta Test Program.
You agree to provide reasonable feedback to (mt), about your experiences using features such as Web site Hosting, MySQL, Email, FTP, Ruby on Rails, associated Control Panel services, and information about connectivity and usability of the Beta Test Materials. All of your feedback shall be the property of (mt) and may be used by (mt) for any purpose it sees fit.
(mt) shall provide you with all the login information (“Beta Test Materials”) required for participation in the Beta Test Program. You may be obligated to return some or all of the Beta Test Materials sent to you, if so, (mt) will supply you with the necessary instructions.
You understand that (mt) or its affiliates shall own all of the Beta Test Materials, including without limitation all intellectual property rights therein. You shall keep the Beta Test Materials free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Beta Test Materials. You shall keep the Beta Test Materials in your possession, custody and control in your own home. You will be responsible for any loss or damage to the Beta Test Materials.
You acknowledge and agree that
You warrant and represent that you:
SERVICES ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, (mt) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, (mt) DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO HOST WEBSITES PROVIDED UNDER THE PRIVATE BETA TEST PROGRAM AT ANY TIME YOU WANT. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM THAT ARE BEYOND THE REASONABLE CONTROL OF (mt). YOU AGREE THAT (mt) HAS NO LIABILITY FOR SUCH DISCONTINUANCE.
You agree that notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages), the entire liability of (mt) and any of its affiliates under any provision of this Participation Agreement and your exclusive remedy for all of the foregoing shall be limited to One Hundred dollars ($100 U.S.). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. In no event shall (mt) or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever.
This Participation Agreement will be effective from the time you click the “accept” button until terminated. You may terminate this Participation Agreement at any time by returning the materials sent to you and providing (mt) written notification of your termination by sending an email to email@example.com. Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Participation Agreement or if you fail to provide reasonable feedback in a timely manner. (mt) also reserves the right to terminate your account or the Beta Test Program at any time with or without cause.
You agree that the laws of the State of California shall govern the terms of this Participation Agreement and your participation in the Beta Test Program.
Should you have any questions concerning this Participation Agreement please contact (mt) Media Temple, Inc, 8520 National Blvd., Building A, Culver City, CA 90232.
If you do not agree to be bound by the terms and conditions of this Agreement, do not continue any further. By submitting an application for a Beta at (mt) Media Temple you are once again representing that: