Terms of Use for the Joomla.com Site

1.Consent to these Terms of Use. Welcome to the Joomla.com Site ("Joomla.com")! These Terms of Use govern how you may access and use the Joomla.com Site, and constitute a binding agreement between you and Open Source Matters, Inc. ("OSM" or "we") concerning your use of the Joomla.com Site and the various data storage and access services made available at Joomla.com Site (collectively, the Joomla.com Site and services are the "Joomla.com Services"). By visiting, accessing or otherwise using the Joomla.com Site or Joomla.com Services in any way, you affirm that you have read and accept these Terms of Use.

2.Limited Purpose of the Joomla.com Services The main objective of the Joomla.com Services is to provide a simple and free way to its registered users to setup, publish and maintain a website with the help of a lighter version of Joomla CMS, in which some of the original Joomla CMS functions are restricted or modified. Certain resource limitations apply to each Joomla.com users including but not limited to: (a) each user can have only one Joomla.com account; (b) each user can have up to 10 active free Joomla.com websites in its account; (c) each user's website can use up to 200 MB space; (d) each user's website will be able to use the inbuilt email functionality for sending up to 10 emails per day; (e) Database queries per account may not exceed 10% of system resources per second; (f) No more than 10 simultaneous processes can be started from a single account; (g) no more than 10 simultaneous connections from a single IP to a website will be allowed (h) an account can use no more than 10,000 CPU seconds for any given calendar day; no more than 1,000 CPU seconds for any given hour of the day; no more than 300,000 CPU seconds for any given calendar month. (i) Program and script executions are limited as follows: no more than 10,000 for any given calendar day; no more than 1,000 for any given hour of the day; no more than 300,000 for any given calendar month; no more than 2 seconds average execution time for a given day. (j) An account should not use more than 20% of the shared service CPU for a period longer than 10 seconds; (k) An account should not use more than 256 MB of the server memory resources per process at any given time. OSM may use automated procedures and other means to detect violations of these Terms of Use, and may immediately disable and/ or terminate offending Joomla.com Accounts and/or users. OSM is not responsible for interruptions that may result from any such disabling or termination.

3.Conditions of Use.

3.1User Representations & Warranties. You are solely responsible for ensuring, and you represent, warrant and covenant to OSM, that at all times you have adequate rights to use your Content in the manner in which you actually use them, and the manner in which you actually permit others to use them; thus, every time you upload, download, copy, store, display, retrieve, modify, perform, distribute, share or otherwise use any content in connection with the Joomla.com Services, or authorize others to do any of those things, you represent, warrant and covenant to OSM that you have the right to do so. In addition, you represent, warrant and covenant to OSM that you will not use any aspect of the Joomla.com Services, including (without limitation) the Joomla.com Site, your Content, any content shared with you, or any other aspect of the Joomla.com Services: (a) for any purpose which is illegal or otherwise violates applicable local, state, national or international laws or regulations; (b) in a way that infringes, misappropriates or otherwise violates the privacy, copyright, patent, trade secret, trademark or other rights of OSM or any third party; (c) for any spamming, chain letters or other use that may disrupt any component of the Joomla.com Services or the networks through which you access and use the Joomla.com Services; (d) in violation of any regulation, policy or procedure of any network through which you access and use the Joomla.com Services; (e) to access or attempt to access any Joomla.com Account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such Joomla.com Account; or (f) to store, retrieve, transmit or view any Content that contains any illegal images, materials or information, any harassing, libelous, abusive, threatening or harmful material of any kind or nature, any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, any code or material that violates the intellectual property rights of others, or any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. You agree not to access (or attempt to access) or permit or encourage any third party to access (or attempt to access) any Content or other aspect of the Joomla.com Services by any means other than through a designated interface provided by OSM.OSM may use automated procedures and other means to detect violations of these Terms of Use, and may immediately disable and/ or terminate offending Joomla.com Accounts and/or users. OSM is not responsible for interruptions that may result from any such disabling or termination.

To report an abusive site please contact: abuse@joomla.com

3.2Prohibitions. The Joomla.com Site is designed and intended to provide you with personal, password-controlled access to the Joomla.com Services up to the defined limits of your Joomla.com Account. Thus, without limiting the generality of any of the other conditions or restrictions set forth in these Terms of Use, you may not directly or indirectly: (a) permit third party access, or take actions which result in access, or attempts to access, your Joomla.com Account from more than one computer at any one time per user name/password; (b) distribute or share your password with anyone; (c) permit a third party to access your Content, except for the purpose of file sharing in accordance with Joomla.com Account limitations and OSM's then-current file sharing rules for the Joomla.com Services; or (d) lease, license or otherwise charge others for use or access to your Joomla.com Account or Content. OSM may use automated procedures and other means to detect violations of these Terms of Use, and may immediately disable and/ or terminate offending Joomla.com Accounts and/or users. OSM is not responsible for interruptions that may result from any such disabling or termination. You are responsible for your own use of the Joomla.com Services, and the acts and omissions of others who may access the Joomla.com Services via any user name and password assigned to you.

3.3Access Resources. You are solely responsible for providing all equipment, services, connectivity and other resources necessary to access the Joomla.com Services, including (without limitation) a compatible computer with access to the Internet and payment of all fees associated with such access. From time to time, without prior notice to you, the form and nature of the Joomla.com Services may change as OSM implements innovations or other changes.

3.4Limited Content License. This license is needed, for example, because the Joomla.com Site may need to make copies of Content, such as on mirrored or backup servers. You retain any copyright and any other rights you already hold in Content which you create, submit, post or display on or through, the Joomla.com Services. By creating, submitting, posting or displaying such content, you give OSM a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content on or through, the Joomla.com Services. The foregoing license is for the sole purpose of enabling OSM to provide or improve the Joomla.com Services, such as by (without limitation): (a) creating backup copies of Content; (b) enabling file sharing; (c) transmitting Content over various public networks; and (d) making changes as necessary to conform and adapt Content to the technical requirements of connecting networks, devices or Joomla.com Services. You confirm and warrant to OSM that you have all the rights, power and authority necessary to grant the above license.

4.Attribution. OSM reserves the right to display attribution links such as 'Awesome website by Joomla.com,' in your website footer. Such credits may not be altered or removed while joomla.com service is used by the website.

5.Third Party Services. The Joomla.com Services may include advertisements, links or other connections to third party websites and resources, including those which may offer fee-based products and services related to the Joomla CMS. You acknowledge and agree that OSM: (a) is not responsible for, and has no liability to you with respect to, the acts or omissions of such third parties, including (without limitation) any of the websites, products or services offered by those third parties; and (b) makes no representations or warranties concerning any of those third parties or their products or services.

6.Warranty Disclaimer; Limitation Of Liabilities.

6.1OSM makes no promises as to the continued availability or the functionality of the Joomla.com services. Use of the Joomla.com services is at your sole risk. To the extent permitted by applicable law, the Joomla.com services are provided on an "as is" and "as available" basis, without any warranties.

6.2To the extent permitted by applicable law, osm disclaims any and all promises, representations and warranties, express or implied, arising by law or otherwise, with respect to the Joomla.com services, including as to condition, the existence of any latent or patent defects, merchantability or fitness for any particular purpose, non-infringement, or any implied warranty of information content or system integration. Without limiting the generality of the foregoing, osm makes no promise, representation or warranty that: (a) access to the Joomla.com services will be timely, error-, virus- or interruption-free, or secure; (b) content will not be lost, damaged or otherwise corrupted; or (c) the data or files on your computer may not be affected.

6.3OSM will not be liable for the cost of replacing content, nor for any failure or delay in performance of the Joomla.com services. To the extent permitted by applicable law, neither we nor any of our affiliates or vendors or subcontractors will be liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, any loss of files or data, profit, revenue or business interruption), or other loss arising from your use of the Joomla.com services or the loss of content.

6.4You are not licensed to use the Joomla.com Services in, or in conjunction with, any situation where failure or fault of any kind of the Joomla.com Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ("High Risk Use"). High Risk Use of the Joomla.com Services is strictly prohibited. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug, and Cosmetic Act. You agree not to use the Joomla.com Services in, or in connection with, any High Risk Use.

7.Indemnification. You agree to defend, indemnify and hold harmless OSM, its subcontractors and any related companies, along with their respective officers, directors, agents and employees (the "OSM Indemnitees"), from any and all liabilities, claims and expenses, including (without limitation) reasonable legal fees, that arise from or relate to your use of the Joomla.com Services, including (without limitation) breach of any condition of use or any violation, infringement or misappropriation of any third party right (intellectual property or otherwise). You are jointly liable for, and shall indemnify and hold the OSM Indemnitees harmless from, any and all liabilities, claims and expenses, including (without limitation) reasonable legal fees, that arise from or relate to use of the Joomla.com Services by those persons to whom you have provided access to your account.

8.Term & Termination.

8.1Termination. OSM may terminate joomla.com services in general at any time at its own discretion. Individual accounts may be suspended and/ or terminated immediately, if we believe or suspect that you have violated any of your obligations under these Terms of Use. Websites that are deemed inactive due to lack of Joomla login activity and/or lack of unique user content may also been suspended and/or terminated by OSM. OSM may terminate your access to all or any part of your joomla.com account and websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your joomla.com account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8.2Destruction of Content OSM may, in its discretion, remove and destroy any Content held in any Joomla.com Account, at any time, including (without limitation) as needed for maintenance or in the event of violation of any provision of these Terms of Use. OSM may also destroy Content upon termination or suspension of a Joomla.com Account. OSM will have no liability for termination or suspension of any Joomla.com Account, or any related removal or destruction of Content. Content is Joomla.com Account-specific; hence, opening a new Joomla.com Account will not enable one to access Content stored in another Joomla.com Account. Immediately upon expiration or termination of these Terms of Use, you must stop using and/or accessing the Joomla.com Services.

8.3Survival. Sections 3.2 and 5 through 14 of these Terms of Use will survive termination of a Subscription and/or these Terms of Use.

9.Intellectual Property.

9.1Reservation of Rights. Access to the Joomla.com Services and the underlying Joomla CMS does not transfer to you any ownership of, or intellectual property rights in, the Joomla.com Services or the Joomla CMS, except to the extent of those non-exclusive license rights offered by the then-current Joomla CMS license. Currently, the Joomla CMS is made available pursuant to an open source software license known as the GNU General Public License, version 2 ("GPL2"); you agree at all times to comply with the terms and conditions of GPL2 in connection with copying, distributing or modifying any version of the Joomla CMS. OSM reserves any and all rights not expressly granted herein. Joomla! is a registered trademark of OSM and shall not be used without OSM's express written authorization.

9.2Rights in Feedback. You can provide feedback to OSM at any time, in which case you agree that OSM may use the feedback in any way that it desires in its sole discretion, including (without limitation) by incorporating any feedback into the Joomla.com Services and in advertising or other marketing or promotions that may attribute such feedback to you.

10.Ongoing Consent; Amendments. You will not be asked to consent to these Terms of Use every time you log in to your Joomla.com Account or use the Joomla.com Services, but your use of the Joomla.com Services, including access to the Joomla.com Site, will at all times be subject to and pursuant to these Terms of Use, including any modifications that may have been made since your last review of these Terms of Use. We may amend these Terms of Use (including, without limitation, the Privacy Policy) at any time, in our sole discretion, by posting the amended terms on the Joomla.com Site. For material changes we will notify you by email, or by note you when you next login to use the Joomla.com Services. FYI. If we choose to email amended terms rather than notify you during the login process, the amended terms shall automatically be effective after they are first posted on the Joomla.com Site, provided that we have mailed notice thereof to the email address you last provided to us for registration purposes. You agree that notice is deemed received by you when mailed to your email address, whether or not you have actually read or received the notice. If you do not agree with the modified terms to these Terms of Use, your only recourse is to terminate your Joomla.com Account.

11.Miscellaneous.

11.1Interpretation; Severability; Survival. The headings used in these Terms of Use are for convenience only and are not intended to be used as an aid to interpretation. If any part of these Terms of Use is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms of Use shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.

11.2Binding; No Waiver; Limitations. These Terms of Use will be binding upon and inure to the benefit of the parties hereto, their respective successors and permitted assigns. These Terms of Use are personal to each Joomla.com Account user and cannot be assigned or transferred to a third party; any attempt by you to assign these Terms of Use without OSM's prior written consent shall be null and void. There are no intended third party beneficiaries of these Terms of Use. OSM may assign these Terms of Use, including any of its obligations hereunder, without restriction, including (without limitation) to any of its subsidiaries or other affiliates. OSM's failure to exercise any right or remedy under these Terms of Use does not signify acceptance of the event giving rise to such right or remedy. No action, regardless of form, arising out of these Terms of Use may be brought by you more than one (1) year after the cause of action has accrued.

11.3Governing Law; Dispute Forum. This Agreement shall be governed by the laws of the State of New York, U.S.A., without regard to any conflict of laws provisions. Any claim arising out or relating to this Agreement shall be exclusively and finally resolved by arbitration conducted in New York, New York by a sole arbitrator ("Arbitrator") in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The Arbitrator shall be bound by the provisions of this Agreement and base the award on applicable law and judicial precedent. Upon rendering a decision, the Arbitrator shall state in writing the basis for the decision, including the findings of fact and conclusions of law upon which the decision is based. The Arbitrator shall not grant any remedy or relief that a court could not grant under applicable law. The Arbitrator's decision shall be final and binding upon the parties, and shall not be subject to appeal. Judgment on the award or any other final or interim decision rendered by the Arbitrator may be entered, registered or filed for enforcement in any court having jurisdiction thereof. The arbitrator shall have the right to issue equitable relief, including (without limitation) preliminary injunctive relief. In the event any arbitration is filed in relation to this Agreement, the party which does not prevail in such arbitration shall pay the reasonable attorneys' fees and other out-of-pocket costs and expenses, including investigation costs, incurred by the prevailing party. The arbitrator shall have the discretion to resolve related disputes, such as disputes about which party is the prevailing party, and whether the prevailing party's fees and expenses were reasonable. Notwithstanding the foregoing, OSM may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights. Any action brought under these Terms of Use shall be conducted in the English language. If OSM has, in its discretion, provided you with a translation of the English language version of these Terms of Use, you agree that the translation is provided to you as a convenience only and that the English language version of these Terms of Use shall govern your relationship with OSM. If you are located in Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that these Terms of Use be drafted in English. Les parties contractantes confirment qu'elles ont exige que le present contrat et tous les documents associes soient rediges en Anglais.

11.4Notices. Any notice under these Terms of Use given by you to OSM should be sent as indicated on the Joomla.com Site, whether by first class mail or email. Any notice given to you by OSM will be deemed to be properly given if sent by email or first class mail to the email or traditional mail address indicated by you during registration for the Joomla.com Services. Notice sent by traditional mail shall be deemed to have been received by any party, and shall be effective on the third day after which such notice is deposited in the United States postal system, or with a reputable, expedited overnight or international courier. Notice sent by you to OSM by email shall be deemed to have been received only upon acknowledgment of receipt. Either party may change its address for notice purposes upon issuance of notice thereof in accordance with this Section. You must promptly notify OSM of any change in the information provided during registration for the Joomla.com Services, such as a change in mailing address, telephone number(s) or email address.

11.5Independent Contractors. The parties enter these Terms of Use as, and shall remain, independent contractors with respect to one another. Nothing in these Terms of Use is designed to create, nor shall create between them, a partnership, joint venture, agency, or employment relationship.

11.6Import/Export Laws. You represent and warrant that you are not prohibited by the U.S. government from participating in export or re-export transactions, or located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re- export any materials unless you have complied with all applicable U.S. and foreign government export controls and approvals. OSM makes no claim that content contained on the Joomla.com Site is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you are responsible for compliance with the laws of your jurisdiction. The information on export laws provided herein is not necessarily complete. If you are in doubt or need more information on export laws, please refer to the United States Commerce Department Bureau of Export Administration at (202) 482-2440, or (202) 482-4811.

11.7Integration. These Terms of Use, including the OSM Privacy Policy, comprise the entire agreement between OSM and you regarding the subject matter hereof and supercedes and merges all prior proposals, understandings and all other agreements, oral and written, between us relating to the subject matter of these Terms of Use. Except as otherwise provided herein, these Terms of Use may be amended or modified only in a writing executed by both parties.