HydrantSoft

This Agreement was last modified on July 22, 2022.

Welcome to HydrantSoft.com. All visitors agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms, you should not use or access this site. HydrantSoft reserves the right to revise these terms at any time by updating this agreement.

1. PROPRIETARY RIGHTS

The entire content included in this site, including but not limited to text, graphics or code is collectively the property of HydrantSoft and are protected by copyright, trademark and other property rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the site. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HydrantSoft or purchasing HydrantSoft products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HydrantSoft or to purchase HydrantSoft products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HydrantSoft. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

2. WARRANTY DISCLAIMER

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HydrantSoft disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HydrantSoft does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HydrantSoft does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

3. CONSENT TO ELECTRONIC COMMUNICATIONS:

Your registration and use of HydrantSoft constitutes consent to receiving electronic communications regarding your account. You agree that any such communications will satisfy any legal requirements, such as that notice be provided to you in writing. You also consent to receiving promotional messages, offers, surveys, and requests electronically. For more information as to how we communicate with you, please review our Privacy Policy at https://HydrantSoft.com/privacy. If you no longer want to receive non-transactional communications, you may delete your account at any time.

4. GLUTEN-FREE DISCLAIMER

HydrantSoft is 100% Gluten-free and contains no peanuts or peanut derivative products. No animals were harmed in the making of HydrantSoft though several web developers were seen wandering the halls talking to themselves during the beta test.

5. LIMITATION OF LIABILITY

HydrantSoft shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HydrantSoft has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6. FRAUD PROTECTION

As part of our order processing procedures, we may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse any order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your subscription or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

7. TYPOGRAPHICAL ERRORS

In the event that a HydrantSoft product is mistakenly listed at an incorrect price, HydrantSoft reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HydrantSoft reserves the right to refuse or cancel any such orders whether or not the order has been confirmed or payment has been received. If your payment method is charged for a product that is mistakenly priced and your order is cancelled, HydrantSoft may, at its sole discretion, issue a credit to your account in the amount of any unused portion of the incorrect price.

8. ONGOING SUBSCRIPTION

By creating an account and providing a Payment Method, you agree to pay the subscription fee and any applicable taxes on a designated cycle (collectively, the "Subscription Fee"). The first Subscription Fee will be charged to your Payment Method on the date your subscription option is provided. Thereafter, the Subscription Fee will be charged to your Payment Method on a recurring basis in accordance with your designated cycle. If your subscription fee payment is declined for any reason, your account will be placed in a "pending" status and access to your uploaded files will be prohibited until payment is received.

9. TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration process. These terms and conditions, or any part of them, may be terminated by HydrantSoft without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. If your subscription fee is not paid in a timely manner or HydrantSoft is unable to process your subscription fee using the payment method information you provided, or you violate any of these terms and conditions, HydrantSoft may terminate your account and delete your uploaded information.

10. NOTICE

HydrantSoft may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the contact information you have provided to HydrantSoft.

12. BILLING

We automatically bill you from the date you create your account on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws.

13. NO REFUNDS

We do not provide credit, refunds, or prorated billing for accounts that are cancelled mid-period.

14. FREE TRIALS

HydrantSoft may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new subscribers, unless otherwise specified. Your status as a new subscriber will be at the sole discretion of HydrantSoft. These terms apply to any Trial Subscription, unless otherwise specified.

UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, YOU MUST COMPLETE THE SUBSCRIPTION PROCESS TO CONTINUE ACCESSING YOUR ACCOUNT. YOU WILL HAVE THIRTY (30) DAYS TO COMPLETE THE SUBSCRIPTION PROCESS. FAILURE TO COMPLETE THE SUBSCRIPTION PROCESS WILL RESULT IN THE DELETION OF YOUR ACCOUNT AND UPLOADED FILES. PLEASE NOTE THAT YOU MAY NOT BE NOTIFIED THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED.

15. SUBSCRIPTION PRICE CHANGES

We may change the subscription price in effect but will give you advance notice of these changes via a message to the email address associated with your account. We are not responsible for email notices that are sent to incorrect or outdated email addresses, or notices that are siloed in email spam filters.

16. CANCELLATION

You may cancel your account at any time by using the "delete my account" option on your profile page or by sending HydrantSoft support an email at support@hydrantsoft.com. You must cancel your account before it renews each month or year in order to avoid a charge for the next month's or year's fees to your payment method. Canceled accounts will be deactivated and all files will be permanently removed from our server(s) when your account is canceled.

17. USE OF SITE

You use HydrantSoft at your own risk and HydrantSoft is provided "AS IS." We are not saying that HydrantSoft will meet any of your specific needs or that you will get any particular results if you use HydrantSoft. HydrantSoft is not a file backup service. Therefore, you are encouraged to maintain backups of files uploaded to HydrantSoft. HydrantSoft is not responsible if any files that are deleted or corrupted, or if any modification, suspension or discontinuation of HydrantSoft causes you to lose any files, even for paid account users. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, on any HydrantSoft managed site or social media system, is strictly forbidden. Impersonation of others, including a HydrantSoft or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site, any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. By using this site you agree and expressly confirm that you own, or have been granted rights to copy and duplicate, any and all files upload. HydrantSoft reserves the sole right to delete any account, including deleting uploaded files, found to be in violation of these terms.

18. MODIFICATIONS

HydrantSoft reserves the right, at any time, to modify, suspend, or discontinue the site or its services or any part thereof with or without notice. You agree that HydrantSoft will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or services or any part thereof.

19. ACCOUNT RESPONSIBILITIES

You are responsible for maintaining the confidentiality of your HydrantSoft online account information and are fully responsible for all activities that occur under your HydrantSoft account. You agree to immediately notify HydrantSoft of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. HydrantSoft cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

NEVER SHARE YOUR ACCOUNT CREDENTIALS OR GIVE OTHERS ACCESS TO YOUR ACCOUNT. HYDRANTSOFT USES BOTH AUTOMATED AND MANUAL TECHNIQUES TO IDENTIFY ACCOUNT SHARING. YOUR ACCOUNT ACCESS MAY BE SUSPENDED OR TERMINATED IF HYDRANTSOFT, IN OUR SOLE DISCRETION, SUSPECTS THAT YOUR ACCOUNT IS BEING SHARED.

21. PLAN OVERUSE FEES

The HydrantSoft unlimited file plan allows you to use storage space beyond the chosen plan's quota limit to provide uninterrupted uploads when your usage exceeds the plan's quota limit. For usage beyond the plan's quota limit, you agree to the overuse charge of $40 per 100,000 files. This plan overuse fee starts when your uploaded file count exceeds the plan quota limit or reaches the next 100,000 file increment. Your plan overuse fee remains in effect even if your file count drops below the next 100,000 file limits or is reduced to your base plan's quota limit. While it is not necessary, we encourage users to upgrade to one of the higher plans if their usage exceeds the quota limit for their chosen plan to avoid the overuse charges. Upgrades may involve additional charges. If your file count is reduced, you may request a rate review of your account by sending HydrantSoft support an email at support@hydrantsoft.com.

20. PARTICIPATION DISCLAIMER

HydrantSoft does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HydrantSoft is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HydrantSoft reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HydrantSoft in its sole discretion.

21. YOUR FILES

HydrantSoft is designed to make it simple for you to store your image files and use them with hosted on-line eCommerce systems. To facilitate access to your images, we store, process, backup, restore and transmit your files and information related to them. This related information may include your profile information to makes it possible to access your image files, including information like the size of the file, the time the file was uploaded and usage activity. Files uploaded to HydrantSoft remain the property of the original copyright holder. HydrantSoft is designed as a temporary file upload service for use in providing image files to eCommerce systems. HydrantSoft performs nightly system backups of our file server(s) but HydrantSoft is not a real-time file backup and recovery service. Therefore, some files may be lost if we encounter a server failure and have to restore from a previous nightly backup.

YOU MAY NOT UPLOAD FILES THAT VIOLATES SOMEONE ELSE'S RIGHTS, INCLUDING THEIR INTELLECTUAL PROPERTY RIGHTS. CONTACT support@hydrantsoft.com TO REPORT CONTENT THAT YOU THINK INFRINGES YOUR INTELLECTUAL PROPERTY RIGHTS.

22. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HydrantSoft, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

23. THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, HydrantSoft may link to sites operated by third parties. However, even if the third party is affiliated with HydrantSoft, HydrantSoft has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HydrantSoft. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HydrantSoft seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

24. WAIVER OF CLASS RIGHTS

By entering into this terms of service agreement, you hereby irrevocably waive any and all rights you may have to form, join or participate in any class or legal procedural device. Any claims arising out of, relating to or in connection with this terms of service agreement shall be asserted individually.

25. GOVERNING LAW

Your use of this site shall be governed in all respects by the laws of the state of North Carolina, USA, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HydrantSoft products) shall be in the state or federal courts located in Forsyth County, North Carolina. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HydrantSoft products) must be commenced within one (1) year after the claim or cause of action arises. HydrantSoft's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HydrantSoft may assign its rights and duties under this Agreement to any party at any time without notice to you.

26. CHANGES TO THIS TERMS OF SERVICE

HydrantSoft reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the site. Your decision to continue to visit and use the site after such changes have are made constitutes your acceptance of the new Terms of Service. Therefore, we ask that you check and review this page for any changes on an occasional basis. Should you not agree to any provision contained on this page, we ask and advise that you do not use or continue to access the site immediately. Continued use of the site constitutes your agreement to the terms contained herein.

27. CONTACT

Any questions or comments you have may be directed to our help team at support@hydrantsoft.com.