Aptana Cloud Terms Of Service

IMPORTANT -- PLEASE READ THESE TERMS OF SERVICE (THIS "AGREEMENT") CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT YOU AGREE TO WHEN YOU PURCHASE OR USE THE APTANA CLOUD SERVICE (THE "SERVICE") FROM APTANA INC. ("APTANA" OR "WE" OR "US").

BY CLICKING ON THE "I AGREE" BUTTON, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THIS AGREEMENT. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, (A) THAT REGISTERS FOR AND USES THE SERVICES (THE "ACCOUNT OWNER") OR (B) THAT HAS A CURRENT APTANA USERNAME AND PASSWORD (AN "APTANA ID") AND IS GRANTED ACCESS TO THE SERVICES BY AN ACCOUNT OWNER IN ACCORDANCE WITH THIS AGREEMENT (THE "ACCOUNT USER"). IF YOU ARE AN INDIVIDUAL, YOU REPRESENT THAT YOU ARE 18 YEARS OR OLDER. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST CLICK ON THE "I DO NOT AGREE" BUTTON AND THEREBY DECLINE TO USE THE SERVICE.

EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO BOTH THE ACCOUNT OWNER AND THE ACCOUNT USERS.

1. Ordering the Service and Payment Terms. This Section 1 only applies to the Account Owner.

1.1 Ordering the Services. Your initial "Base Service Plan" is the initial CPU, RAM, and Disk capacity (the "Capacity") services you selected when registering for the Service. You may order additional features and functionality generally offered by Aptana (the "Add-On Services") to supplement your Base Service Plan. Upon Aptana's acceptance of such order, such Add-On Services would be deemed part of the Service.

1.2 Payment Terms.

(a) During the Term, you agree to pay Aptana's then current fees for your then current Base Service Plan and Add-On Services (the "Fees") and, unless you and Aptana have agreed to an alternate billing arrangement in writing, Aptana will automatically bill your credit card submitted in registering for the Service, for the Fees in accordance with this Section 1. For quarterly and annual subscriptions only, Aptana will provide you notice of any Fee increases thirty (30) days before your next Renewal Billing Date (defined below).

(b) All Fees are non-refundable. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. If any Fee cannot be charged to your credit card for any reason, Aptana may invoice you for such unpaid Fees. All invoices, if any, shall be due and payable within immediately upon receipt. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less.

(c) Base Service Plans may be offered on monthly, quarterly, and/or annual subscriptions. The term of your Base Service Plan begins on the day you order the Base Service Plan (the "Billing Start Date") and automatically renews on the same day each subsequent month if you ordered a monthly subscriptions, quarter if you ordered a quarterly subscriptions, or year if you ordered an annual subscriptions (each, a "Billing Renewal Date") (e.g., if the Billing Start Date is Jan. 5 and you ordered a monthly subscription, the Billing Renewal Dates will be Feb. 5, March 5, and etc.). Fees for your Base Service Plan are billed on the Billing Start Date and thereafter on each Billing Renewal Date until the earlier of termination of the Base Service Plan or expiration or termination of this Agreement. We may pro-rate the initial Fee for your Add-On Services for partial months so that subsequent billings for such Fees occur on each Billing Renewal Date thereafter.

1.3 Upgrades and Downgrades. You may upgrade or downgrade your Base Service Plan to increase or decrease (respectively) your Capacity or other Service features by submitting an order for the upgraded or downgraded (respectively) Base Service Plan through your Aptana account. For the avoidance of doubt, the Fee of the upgraded or downgraded Base Service Plan will be Aptana's then current fees for such Base Service Plan.

(a) Upgrades. On the day you order an upgraded Base Service Plan (the "Upgrade Date"), your then current Base Service Plan will be deemed terminated on the day before the Upgrade Date and your upgraded Base Service Plan will begin on the Upgrade Date. The Upgrade Date will be your new Billing Start Date for the upgraded Base Service Plan. Since Fees are non-refundable, when you order an upgraded Base Service Plan, the Fees you paid for your then current Base Service Plan and Add-On Services will not be refunded, however, prorated Fees for unused portions of Add-On Services will be credited towards your next billing.

(b) Downgrades. When you order a downgraded Base Service Plan, your then current base Service Plan will terminate on the day before the next Billing Renewal Date and your downgraded Base Service Plan will begin on such Billing Renewal Date. The Billing Renewal Date will be your new Billing Start Date for the downgraded Base Service Plan.

(c) Exceeding Bandwidth Limits. If your use of the Services exceeds the bandwidth limits in your then current Base Service Plan, you agree that you will pay an overage fee in accordance with Aptana's overage policy, located at http://www.aptana.com/cloud/tos/overages_policy, which is incorporated into, and considered a part of, this Agreement. You are responsible for regularly reviewing the overage policy as such terms may be revised from time to time in Aptana's sole discretion.

2.The Service.

2.1Certain Definitions.

(a) "Aptana Area" means the area of the Service that is reserved for use by select Aptana personnel and contractors to provide, configure, monitor and maintain the Service.

(b) "Administrative Interface" means the application programming interfaces ("APIs") though which the Private Area and Public Area of Your Site are administered, and the other administrative APIs used by Aptana on your behalf in conjunction with Your Site that are not directly provided by Aptana.

(c) "Aptana's Website" means Aptana's websites located at aptana.com.

(d) "Content" has the meaning set forth in Section 6.1.

(e) "End User" means any individual that accesses Your Site.

(f) "Private Area" means the area of the Service that, in its default setting, may be accessed only by the Account Owner and any Account User logging in with his/her Aptana ID.

(g) "Public Area" means the area of the Service that, in its default setting, may be accessed by any End User.

(h) "Your Site" has the meaning set forth in Section 2.3(b).

2.2 The Service. The Service is organized into four (4) main parts: the Aptana Area, the Administrative Interface, the Private Area, and the Public Area. The Account Owner and any Account User may modify the default setting of any Private Area to allow access by any or all End Users, in which case the Account Owner and each Account User acknowledges that there will be no restriction from access of the contents in such Private Area by such End Users. Similarly, the Account Owner and any Account User may modify the default setting of any Public Content Area to limit access by any or all End Users.

2.3 Setting Up Services. This Section 2.3 only applies to the Account Owner.

(a) Your Aptana ID and Creating Account Users. Your Aptana ID will be the username and password you submitted in registering for the Services. You may grant individuals with current Aptana IDs access to the Private Area of the Services by adding such individuals' Aptana ID to the list of Account Users, and such individuals will thereby become Account Users. If you remove such individuals' Aptana ID from the list of Account Users, then such individuals will no longer be Account Users and may no longer have access to the Private Area of the Service. You agree that you are responsible for all activities (i) under your Aptana ID, (ii) under any Account User's Aptana ID, and (iii) by any End User on Your Site.

(b) Sub-domain. You represent and warrant that the Service sub-domain (e.g., http://subdomain.aptanacloud.com) ("Your Site") you selected in registering for the Service (i) does not impersonate or misrepresent your affiliation with any person or entity and (ii) is not misleading or intended to disguise the origin of your Content (defined below) on the Service.

(c) Publicity. To the extent such information can be assessed via the Public Area and the Internet and notwithstanding anything to the contrary in our privacy policy, Aptana may publish images, descriptions, and the location of your Application (i) on Aptana's list of featured Applications and (ii) elsewhere on Aptana's Website (defined below) to otherwise publicize Aptana's products and services (collectively, the "Publicity Purpose").

2.4 Use of Services.

(a) Certain Restrictions and Obligations. Aptana reserves the right to change or update usernames and passwords in Aptana's sole discretion. You agree that each Aptana ID may only be used to access the Service during one (1) concurrent login session. You are responsible for maintaining the confidentiality of your Aptana ID and are responsible for all activities under your Aptana ID. You agree to notify Aptana promptly of any actual or suspected unauthorized use of your Aptana ID or any other breach or suspected breach of this Agreement. Aptana reserves the right to suspend or terminate any Aptana ID, which Aptana reasonably determines may have been used not in accordance with this Agreement. You shall provide and properly maintain the equipment, software and services necessary for you to access the Services via the Internet (the "Support Environment").

(b) Privacy.

(i) The terms and conditions of Aptana's then current Privacy Policy applies to your use of Aptana's Website and the Service. The Privacy Policy is set forth on Aptana's Website, currently at http://www.aptana.com/privacy_policy, and is incorporated into, and considered a part of, this Agreement. You are responsible for regularly reviewing the Privacy Policy as such terms may be revised from time to time in Aptana's sole discretion.

(ii) Your Site may collect and use information about End Users ("Your Site Collected Information"). Except to the extent stated below, Aptana's Privacy Policy does not govern or limit collection or use of Your Site Collected Information and the Account Owner is responsible for providing a privacy policy for Your Site. As part of the Service, Aptana will store Your Site Collected Information for Your Site. Aptana will store such Your Site Collected Information on servers to which Aptana only provides access to select Aptana personnel and contractors via password and to the Account Owner, Account Users, and individuals authorized by the Account Owner and/or Account Users. Aptana may collect and use Usage Information (as defined in the Privacy Policy) about End Users. Aptana may also divulge Your Site Collected Information in the particular circumstances described in the section titled "Information Disclosure" in the Privacy Policy, such as, without limitation, where required by law or legal process, regulation, security reasons, or litigation, or to protect or defend the rights or property of Aptana or other users of the website, products, or services.

(c) Acceptable Use Policy. The terms and conditions of Aptana's then current Acceptable Use Policy applies to your use of Aptana's Website and the Services. The Acceptable Use Policy is set forth on Aptana's Website, currently at http://www.aptana.com/aup, and is incorporated into, and considered part of, this Agreement. You are responsible for regularly reviewing the Acceptable Use Policy as such terms may be revised from time to time in Aptana's sole discretion. If you are the Account Owner, you will be responsible for any use by any End User of your Your Site that does not comply with such Acceptable Use Policy.

3. License to Certain Software. The software set forth on the Base Service Plan (the "Software") consists of software that is proprietary to Aptana or its third party suppliers. Subject to the terms and conditions of this Agreement, Aptana will make the Software and the documentation ("Documentation") relating to the Software that is proprietary to Aptana ("Aptana Software") available to you for on-line use during the Term. The Software will be deemed accepted by you upon the date of this order.

3.1 License Grant. Subject to the terms and conditions of this Agreement, Aptana grants to you a non-exclusive, non-transferable license, during the Term, solely for your internal business purposes, to use the Software solely in accordance with (i) the Documentation, and (ii) the Base Service Plan (including each Capacity limitation) and solely as such Software is made available to you on-line under the Service.

3.2 Open Source Software. Certain items of independent code that are included with the Aptana Software are subject to open source licenses ("Open Source Software"). This Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open Source Software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such Open Source Software that is subject to license agreements that permit such use.

3.3 Supplier Software. The Software includes software that is proprietary to Aptana's third party suppliers and not proprietary to Aptana ("Supplier Software"). Documentation relating to Supplier Software may be available through the applicable third party supplier's website and shall be deemed "Documentation" under this Agreement.

3.4 Other Aptana Software. The license granted above applies only to Software identified on the Base Service Plan that is made available by Aptana for on-line use as part of the Service. The Aptana Cloud client software ("Client Software") which provides a visual interface for working with the Service and any other software that is proprietary to Aptana or its third party suppliers are offered under separate licenses from Aptana.

3.5 Limitations. You agree that you will not, and will not permit any other party to: (a) modify, adapt, alter or translate the Software or Documentation, except as expressly allowed herein; (b) sublicense, lease, rent, loan, distribute, or otherwise transfer the Software or Documentation to any third party; (c) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Software; (d) use or copy the Software or Documentation except as expressly allowed under this Section 3; (e) disclose or transmit any data contained in the Software to any individual other than the Account Owner or Account Users, except as expressly allowed herein; (f) access or use the Private Area API, Public Area API or other administrative API other than through the Client Software and the Administrative Interface as made available by Aptana; or.(g) access or modify the Aptana Area of Your Site. You shall represent the Documentation fairly and accurately, including reproduction of all notices, titles, disclaimers or legends appearing on the original copy.

3.6 Ownership. The Service, Software, Documentation, and all other materials provided by Aptana hereunder and all intellectual property rights in each of the foregoing are the exclusive property of Aptana and its third party suppliers. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Service, Software, Documentation, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Software. All rights not expressly granted to you are reserved to Aptana and its third party suppliers.

4. Support. This Section 4 only applies to the Account Owner. Subject to the terms and conditions of the Agreement, Aptana will provide the following support to you during the Term:

4.1 Support. To receive support on an issue, you must first complete a support request at http://support.aptana.com/. We will use commercially reasonable efforts to review support requests from you and attempt to resolve such issue within the applicable response times set forth in the Base Service Plan and in accordance with the Aptana support policy, currently at http://www.aptana.com/support_policy, which is incorporated into, and considered a part of, this Agreement. You are responsible for regularly reviewing the support policy as such terms may be revised from time to time in Aptana's sole discretion.

4.2 Error Corrections. Aptana will use commercially reasonable efforts to correct each reproducible failure of the Software relating to the Aptana Software to substantially conform to the Aptana Documentation (each an "Error") reported by you in writing to Aptana (any bug fixes or workarounds intended to correct Errors are collectively, "Error Corrections"). Aptana will utilize remote diagnostic procedures whenever possible for Error diagnosis and for Error Correction implementation. Aptana may not issue Error Corrections for all Errors. This Section 4.2 sets forth your sole and exclusive remedy, and Aptana's sole obligation, for Errors.

4.3 Improvements. Aptana may, in its sole discretion, provide you with updates, upgrades, enhancement, and any other improvements that Aptana then generally offers to Aptana's other customers with the same Base Service Plan as you.

4.4 Exclusions. Aptana shall have no responsibility or liability of any kind, whether for breach of warranty or otherwise, arising or resulting from: (a) any problems which are not Errors; (b) your or any Account User's failure to comply with the terms of this Agreement, including providing the Support Environment; (c) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by Aptana; (d) misuse, abuse, negligence, or improper or unauthorized use of all or any part of the Services, Software, or Documentation; (e) your or any Account User's configuration or modification of the Software; (f) the Application or other Account Owner, Account User, or End User Content, or (e) causes outside of Aptana's reasonable control.

5. Your Applications. This Section 5 only applies to the Account Owner. Subject to the terms and conditions of the Agreement, during the Term, you may use the Service to execute any code or data that you or any Account User provides or causes to be provided by running such code or data within or on top of the Software ("Applications"). You are responsible for all Applications running on, and traffic originating from, your or any Account User's use of the Services or any End User's use of Your Site, including all other Account User and End User Content.

6. Content.

6.1 Content. "Content" of a party means all Applications (if applicable), materials, text, content, data, images and information provided or developed by or on behalf of such party and used with the Service or Your Site. You represent and warrant that you shall keep and maintain your own copy of all of your Content and that such Content is owned or was lawfully obtained by you and shall not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes intended to damage Aptana's system or data; or (e) otherwise violate the rights of a third party or fail to comply with the Acceptable Use Policy, and that such Content is owned or lawfully obtained by you (subsections (a) through (e) are collectively, the "Content Warranty"). If you are the Account Owner, you additionally represent and warrant that you shall keep and maintain your own copy of all Account User and End User Content and that such Content will comply with the Content Warranty. Aptana does not claim ownership rights in any Account Owner, Account User, or End User Content. Solely for the purpose of enabling Aptana to provide, maintain, and enhance the Service and for the Publicity Purpose, you grant Aptana a non-exclusive, royalty-free license to use, copy, execute, distribute, and display all of your Content and, if you are the Account Owner, you additionally grant Aptana a non-exclusive, royalty-free license to use, copy, execute, distribute, and display all of End User Content (the "Content License").

6.2 Reporting Violations. If you believe that the copyright in your work has been violated through the Service, please contact Aptana at the notice address below and provide the following information, which Aptana may then forward to the alleged infringer: (a) identify the material on the Service that you believe infringes your work, with enough detail so that Aptana may locate it on the Service; (b) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (c) provide your address, telephone number, and email address; (d) provide a statement that (i) the information that you have provided to Aptana is accurate, and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of the owner; and (e) provide your physical and electronic signature. Upon receiving your complaint, Aptana may remove content that you believe infringes your copyright. In addition, Aptana may suspend or terminate the account of the member who appears to be infringing your intellectual property rights.

To provide a notice of alleged copyright infringement, mail correspondence to Aptana Inc.'s headquarters (the address for which can be found at http://www.aptana.com/about), attention: Legal Department.

7. Warranty Disclaimer

THE SERVICE, SOFTWARE, APTANA'S WEBSITE, AND ALL RELATED PRODUCTS AND SERVICES, ARE PROVIDED BY APTANA ON AN "AS-IS" BASIS. APTANA AND ITS SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES RELATING TO THE SERVICE, SOFTWARE, APTANA'S WEBSITE, AND ALL RELATED PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. APTANA DOES NOT WARRANT THAT USE OF THE SERVICE, SOFTWARE, APTANA'S WEBSITE, OR ANY RELATED PRODUCT OR SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, SOFTWARE, APTANA'S WEBSITE, OR ANY RELATED PRODUCT OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, SOFTWARE, APTANA'S WEBSITE, OR ANY RELATED PRODUCT OR SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF THIS ORDER.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT TO APTANA THROUGH THE SERVICE, SOFTWARE, APTANA'S WEBSITE, OR ANY RELATED PRODUCT OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT (AND, IF YOU ARE THE ACCOUNT OWNER, TO ANY ACCOUNT USER AND End User CONTENT) OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT (AND, IF YOU ARE THE ACCOUNT OWNER, OF ANY ACCOUNT USER AND End User CONTENT). ANY USE OF OR RELIANCE ON DATA OR DATA OUTPUT CONTAINED IN THE SERVICE IS YOUR SOLE RESPONSIBILITY.

8. Limitation of Liability.

IN NO EVENT SHALL APTANA'S AGGREGATE CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY THE ACCOUNT OWNER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM ARISING.

APTANA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, RESULTING FROM THE USE OR PROVISION OF THE SERVICE, SOFTWARE, APTANA'S WEBSITE, OR ANY RELATED PRODUCT OR SERVICE, EVEN IF APTANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

You and Aptana agree that the limitations of liability set forth in this Section 8 shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. You and Aptana acknowledge that the prices have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between you and Aptana.

9. Indemnification by you. You will defend, indemnify, and hold harmless Aptana from and against any and all claims, losses, liabilities, damages, costs, and expenses (including attorneys' fees, expert witness fees, and court costs) based upon, resulting from or related to: (a) your use of the Service, including any data or data output generated from the Service; (b) any improper or unauthorized use of the Service by you; or (c) any breach of the Content Warranty by you, and, if you are the Account Owner, (d) any Account User's or End User's use of the Service or Your Site (respectively), including any data or data output generated from the Services or Your Site (respectively); (e) any improper or unauthorized use of the Service by any Account User, or (f) any breach of the Acceptable Use Policy or Content Warranty by any Account User or End User. Aptana shall promptly notify you in writing of any threatened or actual claim or suit; you shall have sole control of the defense or settlement of any claim or suit; and Aptana shall cooperate with you to facilitate the settlement or defense of any claim or suit at your sole expense.

10. Term and Termination.

10.1 Term and Termination.

(a) This Section 10.1(a) only applies to the Account Owner. This Agreement is effective on the date you accept the terms and conditions hereof and shall continue unless the Service is terminated earlier by either you or Aptana pursuant to this Section 10.1(a) (the "Term"). Aptana may suspend or terminate (in its sole discretion) the Service or your Aptana ID (or both) immediately upon notice to you in the event that you fail to pay the Fees, or in the event that you or any Account User otherwise breaches any of the terms of this Agreement. You and Aptana may terminate the Service at any time, with or without cause, by providing notice to the other party. If you receive a cancellation notice from Aptana, the cancellation will be effective on the day before the next Billing Renewal Date and you will not receive any refund of any Fees paid. If Aptana receives a cancellation notice from you, the cancellation will be effective upon the later of receipt of such notice or the termination date set forth in the notice, and you will not receive any refund of any Fees paid.

(b) This Section 10.1(b) only applies to the Account Users. If you are the Account User, this Agreement is effective on the date you accept the terms and conditions hereof and shall continue during the Term, unless your access to the Service is terminated earlier by you, the Account Owner, or Aptana pursuant to this Section 10.1(b). You may terminate your access to the Service at any time by terminating your Aptana ID or having the Account Owner terminate your Status as a Account User. The Account Owner may terminate your status as an Account User at anytime in accordance with Section 2.3(a). Aptana may suspend or terminate (in its sole discretion) your access to the Service or your Aptana ID (or both) immediately upon notice to you in the event that you breach any of the terms of this Agreement.

10.2 Suspension of Access. Aptana may suspend or terminate your access to the Service at any time without prior notice in order to: (a) prevent damages to, or degradation of, Aptana's network or systems; (b) comply with any law, regulation, court order, or other governmental request or order which requires immediate action; or (c) otherwise protect Aptana from potential legal liability resulting from your use of or access to the Services or if you violate the Acceptable Use Policy. Aptana will use commercially reasonable efforts to notify you of the reason(s) for the suspension/termination action as soon as reasonably practicable after any action. If suspended, Aptana will promptly restore use of the Service to you as soon as the event giving rise to the suspension has been resolved to Aptana's satisfaction.

10.3 Effect of Termination. Upon termination or expiration of this Agreement for any reason, except as expressly set forth below, all rights and obligations of both you and Aptana, including all licenses granted hereunder, shall immediately terminate. Notwithstanding the foregoing, (a) any amounts owed to Aptana shall survive expiration or termination of this Agreement and shall be immediately due and payable, and (b) the Content License you granted Aptana in Section 6.1 for the Publicity Purpose shall survive expiration or termination of this Agreement. For the avoidance of doubt, all Fees paid are non-refundable and you will not receive a refund upon termination or expiration of this Agreement. You acknowledge that you have access to your Content during the Term and that you are responsible for creating back-ups of your Content. If you are the Account Owner, you further acknowledge that you have access to all Account User and End User Content during the Term and that you are responsibly for creating back-ups of such Content. Aptana shall have no obligation to maintain any Content or to forward any Content to you or any third party. The following Sections shall survive expiration or termination of this Agreement for any reason: 3.6 (Ownership); 7 (Warranty Disclaimer); 8 (Limitation of Liability); 9 (Indemnification by you); 10.3 (Effect of Termination); and 11 (Miscellaneous).

11. Miscellaneous.

11.1 Feedback. If you provide any suggestions, ideas, feedback, or recommendations on any of our website, products, services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Aptana ID. So that we may incorporate such feedback into the products and services we offer to you and/or our other customers. Aptana alone will own all right, title and interest, including all related intellectual property rights, to any such feedback and you hereby assign such feedback to Aptana free of charge.

11.2 Changes to This Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes to this Agreement, we will notify you and/or prominently post notice of the changes on our Website. Any material changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Service or upon renewal or new orders. Please note that at all times you are responsible for updating your account information 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. If you do not agree to any changes to this Agreement, 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 Service, following notice of such changes, shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

11.3 Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

11.4 Local Laws and Export Control. Aptana controls and operates this Service from its location in the United States and is subject to U.S. export laws and regulations. Aptana makes no representation that the Service is appropriate or available for use at other locations. If you use the Service from outside the U.S., you are solely responsible for compliance with all applicable laws, including, without limitation, export and import regulations of other countries.

11.5 Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to the conflict of laws provisions therein that would require application of the laws of another State. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in California with sole venue in the courts located in Santa Clara County and each party hereby submits to the personal jurisdiction of such courts.

11.6 Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach thereof, with a shall be finally settled by a binding arbitration in the English language in accordance with the commercial arbitration rules of the American Arbitration Association (the "Administrator") then in effect to take place in San Francisco, California. The parties will jointly choose one (1) neutral arbitrator having knowledge of and experience in the software industry to hear the dispute. If the parties cannot agree on the selection of the arbitrator within thirty (30) days after a demand for arbitration has been served, the arbitrator will be selected by the Administrator. The arbitrator will apply the laws of the State of California to decide the dispute using the English version of this Agreement. The arbitrator will resolve at the first hearing any dispute regarding discovery. The arbitration hearing will then be recessed for a reasonable period of time to be determined by the arbitrator to allow the parties to conduct discovery. The award will be made promptly by the arbitrator no later than thirty (30) days after the date of closing of the hearing. If the arbitrator fails to reach a decision within the thirty (30) days, the arbitrator will be discharged, and a new arbitrator will be appointed and a second arbitration will proceed in the same manner, and the process will be repeated until a decision is finally reached. The award rendered by the arbitrator shall be final and binding upon both parties and each party waives any right to appeal the results of the arbitration to any court or judicial body. Notwithstanding this Section 11.5, neither party will be required to arbitrate any dispute (a) relating to actual or threatened unauthorized use or disclosure of its confidential information or violation of its intellectual property rights or (b) for which there could be liability obligations in excess of $100,000, and either party may bring any such action in accordance with Section 11.4.

11.7 No Assignment. Neither the rights nor obligation arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign this Agreement without restriction.

11.8 Interpretation. Your relationship to Aptana is that of an independent contractor, and neither party is an agent or partner of the other. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to." In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. This Agreement constitute the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements existing between the parties regarding the subject matter contained herein are expressly canceled.

12.Contact Information. Aptana welcomes your comments or questions regarding this Agreement. Please e-mail us at customerservice@aptana.com, or contact us at our headquarters (see http://www.aptana.com/about for address and contacts).

Aptana may provide you notices under this Agreement by sending you an email to the email address you provided us in registering for the Service or your Aptana account.

This Agreement was revised on July 8, 2008.

Bandwidth Overages

For each gigabyte of data transfer of fraction thereof in excess of the baseline data transfer quantity included in your Service, Fees shall be $0.15 per gigabyte.

Back to Aptana Cloud Terms of Service

Welcome to the Early Access Program for Aptana Cloud.
Just follow the step by step instructions below to get started.

Note: You'll need to have the username and password you were given after registering for the early access program handy.
Do not have those yet? Then register for early access starting here.

OK. Let's get started!

Get the Software Aptana Cloud's client software is distributed in the context of Aptana Studio 1.2 which by the way also includes release candidates for Aptana Jaxer and Aptana's PHP support. Support for Ruby and Rails in Aptana Cloud is coming soon. You must have Aptana Studio 1.1 installed to update to 1.2. If you do not already have Aptana Studio 1.1 or later download Aptana Studio 1.1. On Windows or Linux with Aptana Studio 1.1 or later running: Navigate to Window > Preferences and select Install/Update Set the Policy URL to: http://beta.aptana.com/aptanacloud/3.2/policy.xml Press OK Navigate to Help -> Check For Aptana Updates Now... When prompted enter the "Install/Update Policy URL" username and password you received On Mac with Aptana Studio 1.1 or later running: Navigate to Aptana Studio > Preferences and select Install/Update Set the Policy URL to: http://beta.aptana.com/aptanacloud/3.2/policy.xml Press OK When prompted enter the "Install/Update Policy URL" username and password you received

Deploy and Manage Once you have the software, you can deploy and manage multiple apps and sites. You may also want to deploy some of the ready- made samples in Aptana Studio. To do that just select a sample and then press import to create a new project from a sample. During the early access period credit cards will not be billed. In fact, there's only one test credit card you can use: Card Type: Visa Card Number: 4111111111111111 Expiration: 01/2009 CVV2: 123 Later, if you want to keep your sites and apps deployed, you'll have the opportunity to switch over to a real credit card before the end of the early access program.

Help Us Improve Cloud For You! We want your feedback!!! While we love the praise Aptana Cloud has received so far, your ideas and requests for more and better ways of meeting your needs is what we would love even more. That way we can make the Aptana Cloud even better for you. Discussion Forums Aptana Cloud Aptana Jaxer Aptana Studio with PHP Bug Tracking and Enhancement Requests Aptana Cloud Aptana Jaxer Aptana Studio with PHP

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