ReportHost
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This document last revised on 3/15/2010
This Agreement describes the terms and conditions applicable to your use of our services available under the domain of reporthost.com.  If you do not agree to be bound by the terms and conditions of these Terms of Use, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Use and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of ReportHost.  We strongly recommend that, as you read this Terms of Use, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an ReportHost user.  Please note: underlined words and phrases are links to these pages and websites.
We may amend this Terms of Use at any time by posting the amended terms on our site.  Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site.  In addition, we will notify you via email.  This Agreement may not be otherwise amended except in a writing signed by you and the ReportHost company.  This Agreement is effective on December 7, 2004.
Membership eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended ReportHost users.  If you do not qualify, please do not use our services.  Further, your ReportHost account and username may not be transferred or sold to another party.  If you become a ReportHost user representing a company, you represent that you have the authority to bind the entity to this Agreement.  ReportHost considers the appearance, content, and operation of this service as trade secrets.  Membership is not available to persons or companies seeking that information to create or modify products or services in competition with ReportHost.
Fees and services
Signing up with ReportHost is free.  We do charge fees for publishing reports after all free report credits are used up, and for other services.  When you purchase reports you have an opportunity to review and accept the fees that you will be charged based on our prices.  Reports purchased through our subscription plans expire at the end of the month that they were purchased.  We reserve the right to change our fees at any time.  Changes to fees are effective after we provide you with at least fourteen (14) days' notice of the changes by email, by posting a notice for the change on the ReportHost home page, and posting the changes on this Terms of Use page.  However, we may choose to temporarily change fees for our services for promotional events (for example, providing you with additional free reports) and such changes are effective when we email you or when we post the temporary promotional event on the ReportHost home page.  We may in our sole discretion change some or all of our services at any time.  In the event we introduce a new service, the fees for that service are effective at the launch of the service.  Unless otherwise stated, all fees are quoted in U.S.  Dollars.  You are responsible for paying all fees associated with using our service and our website and all applicable taxes.  As of April 15th, 2007, if a check is returned for any reason (insufficient funds, etc.), a $35 charge will apply.
Accounts and credits
Companies with multiple inspectors should only register one, single company account, but may then create multiple user accounts for that company.  Individuals, and different inspectors within a company, are strongly discouraged from attempting to register multiple company accounts.  Any such additional accounts may not be activated, and if activated are not eligible for free report credits.  ReportHost normally grants 10 or 15 free reports to the inspection company when activating newly registered company accounts.  ReportHost will not grant free report credits to additional accounts registered by existing or past ReportHost users, nor will ReportHost transfer free report credits from one account to another.  Free reports have no expiration period and can be used so long as your account is active.
Account termination
ReportHost will determine when accounts are deemed abandoned and may terminate those accounts.  Abandonment is considered when:
  1. A new account has not been logged into within thirty (30) days of registration/creation, or
  2. No activity has occurred with an account with no published reports for more than three (3) months, or
  3. No activity has occurred with an account with published reports for more than six (6) months.
No notice will be given when terminating abandoned accounts.
You may end your relationship with ReportHost at any time.  You may request a refund of any unused credit balance in your account.  This only applies to excess money paid to ReportHost.  Credits for free reports granted for whatever reason, and payment for other services are non-refundable.  All refunds will be made by company check and mailed to the address listed with us for your company.
Billing schedule
ReportHost bills companies for fees owed on a monthly basis.  Bills are sent via the Internet in e-mail on the 1st of each month.  Fees for each invoice are due by midnight on the 21st of the month that the invoice was sent.  ReportHost charges a late fee of 10% of overdue balances or a minimum late fee of $5, whichever is greater, for amounts received after the due date.  Due dates for fees are as follows:
  1. Fees for reports published through our Classic plan are accrued on the first of the following month and due by the 21st of that following month.
  2. Fees for subscription plans such as our Monthly-10, Monthly-20 and Monthly-40 are accrued at the beginning of the month and are due by the 21st of that month.
  3. Late fees accrued on the 22nd of the month are due by the 21st of the following month.
  4. Fees for other services are due when they're accrued.
If payment hasn't been received within 30 days from the due date, the companay's account will be suspended so that the report writing service is not available, so all reports published by the company are not accessible, and so working reports for all users in the company are deleted.  ReportHost reserves the right to suspend or disable company's accounts at any time when payment isn't received or when payment is received after the payment due date.  Full payment for all outstanding balances is requred to reactivate suspended accounts.  Late fees will not accrue while a company account is suspended.  It is the responsibility of each company contact and administrator to maintain an accurate email address in their company and user account to ensure that our bill is sent to the correct address.
Electronic payments
Payments to ReportHost may be made electronically through such services as PayPal (www.paypal.com) using ReportHost's payments@reporthost.com email address.  Such payments will only be applied to your account if they're "completed".  "Pending" payments will not be applied.  If an electronic payment is made prior to the due date, and the payment is reversed after the due date, a late fee will be applied.  Reversing an electronic payment may cause your account to be suspended.
Appropriate Use
ReportHost is intended as a report publishing service.  As such, disemination of information produced on ReportHost by you is limited to those pages produced as a result of publication.  Using the service to produce information (e.g. reports) that are copied to other media to avoid publication charges is prohibited and will result in the termination of service and removal of past reports from our system.
ReportHost is not intended as a method for obtaining a free web page without utilizing the report publishing service.  Accounts with user activity, but no discernable intent to use the publication services may be terminated. 
Duration of report availability
Published reports are available for viewing, revising and republishing for 120 days, after which they expire automatically.  Expired reports are moved from our web servers to our archives to conserve disc space.  Reports that have been designated to be a "sample report" will not automatically expire.  ReportHost users who's accounts are not suspended or past due in payment may restore reports at any time.  Restored reports can then be viewed, revised and republished for 120 days until they expire again automatically.  We strongly encourage inspectors to download their reports to their own computers for backup purposes.  This is easily done in most web browsers by choosing the "Save As" feature in the browser.  ReportHost may in some circumstances provide access to your reports to the client(s) listed in the report with reasonable proof of identification from the client.  For example, if you can't be contacted and the client requests the report, or if your account has been suspended and your reports are inaccessible.
ReportHost is a venue
The ReportHost site acts as a venue to home inspectors to write reports and make these reports accessible to their clients at anytime, from anywhere.  We are not involved in the actual transaction between ReportHost users and their clients.  As a result, we have no control over and assume no liability for the quality, safety or legality of the reports published, or the truth or accuracy of information contained in the reports.  Users hold the final responsibility for their published reports being accurate, truthful and compliant with state, regional or national organizations including InterNACHI and ASHI.  In the event that you have a dispute with one or more of your clients, you release ReportHost (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Foreign language translations
Report writing content used in the ReportHost system may be translated to languages other than English for the convenience of inspectors' clients. Reasonable efforts have been made to provide accurate translations of this content. However, any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. As with the English language report writing content, users hold the final responsibility for their published reports being accurate, truthful and compliant with state, regional or national organizations including InterNACHI and ASHI. The terms and limits of liability expressed in the "ReportHost is a venue" section of this document apply to the use of any and all non-English translations of the ReportHost report writing content.
Ownership and availability of content
ReportHost users are provided with some report writing content when assigned a new account.  Users typically generate additional report writing content as reports are written.  This content is stored on ReportHost servers.  ReportHost makes every attempt to ensure that this content is backed up frequently.  However, due to various circumstances, users' content data may be lost.  ReportHost officers, directors, agents and employees assume no liability for lost data.  ReportHost strongly encourages users to be proactive in backing up their report writing data through whatever means they find easiest (download ReportHost web pages, etc.) on a regular basis.  ReportHost officers, directors, agents and employees assume no obligation to provide this data in any other form than presenting it on the standard web pages found on their site.  Additionally, ReportHost officers, directors, agents and employees assume no obligation to provide this data to users who's accounts have been made inactive for the reasons mentioned in this Terms of Use document, and where the user is no longer able to access ReportHost web pages due to having an inactive account.
In the event that the ReportHost Service goes out of business, every effort will be made to notify users in advance to allow them the opportunity to download their content.
Appropriateness of report content
The ReportHost service is intended to allow home inspectors to publish home inspection reports for their clients.  Reports published by any and all ReportHost users may be reviewed at any time by ReportHost employees.  ReportHost reserves the right to make any published report inaccessible to the public, and to deactivate or disable any user's account if content (text or graphic images) in a report is found to be offensive or inappropriate as deemed by ReportHost officers, directors or employees.
Changes to the way ReportHost works
The ReportHost service may change in appearance and functionality from time to time as a result of software "bugs" being fixed, or as upgrades to the service are implemented.  We reserve the right to make these changes at any time and are under no obligation to revert the service to earlier versions.
Outages
Our highest priority is your ability to provide quality reports to your clients on a timely basis.  However, ReportHost occasionally experiences outages during which reports cannot be written or accessed.  When these outages occur, we will make every effort to restore normal functionality to our site as quickly as possible.  ReportHost assumes no liability for your or your clients' inability to access our site during these times.
Scheduled downtime
ReportHost periodically schedules system downtime for maintenance and other purposes.  This scheduled downtime is not covered by this policy.  Scheduled downtime notices will be published on the ReportHost Home page prior to its occurrence.
License
Solely to enable ReportHost to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.  ReportHost will only use Your Information in accordance with our Privacy Policy.
Access and interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the ReportHost site or any activities conducted on our site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  You agree that you will not copy, reproduce, alter, modify, create derivative works, provide access to third parties or publicly display any content (except for Your Information) from our website without the prior expressed written permission of ReportHost.
Breach
Without limiting other remedies, we may immediately remove your reports, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, viewers of your reports, or us.
Privacy
We do not sell or rent your personal information to third parties for marketing purposes and we only use your information as described in the Privacy Policy.  We understand clearly that you and your information is one of our most important assets.  We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.  Our current Privacy Policy is available (at http://www.reporthost.com/privacyPolicy.asp).  If you object to your Information being transferred or used in this way please do not use our services.
No warranty
WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.  This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability limit
IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).  WE, OUR EMPLOYEES AND SUPPLIERS ASSUME NO LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE.  Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
No agency
You and ReportHost are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to ReportHost.  Attn: Legal Department, 521 NW Bovela Ln, Poulsbo WA 98370-8358 (in the case of ReportHost) or to the email address you provide to ReportHost during the registration process (in your case).  Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ReportHost during the registration process.  In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by ReportHost to collect our fees and/or recover damages for, or obtain an injunction relating to, the ReportHost site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or ReportHost may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of you or ReportHost pending the completion of arbitration.  Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
General
This Agreement shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents.  We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  You agree that this Agreement and all incorporated agreements may be automatically assigned by ReportHost, in our sole discretion, to a third party in the event of a merger or acquisition.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.  Sections "Fees and services" with respect to fees owed for our services, "ReportHost is a venue", "Ownership and availability of content", "License", "Access and Interference", "Liability Limit", "Indemnity' and "Arbitration" shall survive any termination or expiration of this Agreement.