These Terms and Conditions are legally binding

  1. Mountain Stream is the operator of the Streamline Software service ( the Service ).

  2. Your use of the Service is expressly conditioned on your acceptance of the Terms and Conditions set forth herein.

  3. By using the Service, you accept that you unconditionally agree and accept to be legally bound by these Terms and Conditions.

  4. No other terms or conditions of any sort in any document, writing or other communication whatsoever made by you to Mountain Stream or its employees, representatives or agents in relation to the Service shall be applicable to or binding on Mountain Stream

Changes to This Agreement or The Services.

  1. Mountain Stream reserves the right to alter these Terms and Conditions at any time, provided advance notice is posted to our site. Such changes will be effective and legally binding on you when posted on our website for the Service or when we notify you by other means.

  2. Please review these Terms and Conditions periodically for changes.

  3. Your continued use of this Service after amended Terms and Conditions is posted on this website or is otherwise brought to your attention signify that you agree and accept to be legally bound by the changes.

Grants of Licenses to Use

    Mountain Stream hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the following:

  1. Mountain Stream may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your account(s) and/or your use of the Service if, at its sole discretion, Mountain Stream is of the opinion that your use does not meet Mountain Stream's specifications or guidelines, or which Mountain Stream may consider to be inappropriate, illegal or harmful to its interests. If Mountain Stream exercises its absolute discretion under this paragraph, it shall have no liability to refund any portion of your pre-paid subscriptions made before said breach of use, if applicable. Without limiting or waiving any right against you that Mountain Stream may have under the law or these Terms and Conditions in relation to any inappropriate, illegal or harmful use, Mountain Stream reserves the right to deduct any costs, damages or expenses that it may have incurred in relation to such inappropriate, illegal or harmful use from your unused pre-paid subscriptions, if any, or to claim the same from you by any other means.

  2. You agree to comply with any policies or guidelines that Mountain Stream may introduce or amend from time to time. Mountain Stream's policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by Mountain Stream, at its absolute discretion, from time to time.

  3. You agree that you will not provide access to or furnish any part of the Service to any third party; modify, disrupt or interfere with the Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; or excessively overload the systems that Mountain Stream uses to provide the Service.

  4. Mountain Stream may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms and Conditions and/or its website at any time and from time to time.

  5. You shall be solely responsible for your use of the Service and shall indemnify Mountain Stream for, and hold Mountain Stream harmless from, all loss, costs, and damages incurred by Mountain Stream in connection with any claims by third parties against Mountain Stream in relation to your use of the Service and in connection with your breach of these Terms and Conditions or any policies or guidelines that Mountain Stream may introduce from time to time.

  6. You hereby represent, warrant and covenant to Mountain Stream that at all times, (a) you have all rights, consents, licences and permits that may be necessary or desirable for you to have in order to use the materials, graphics, logos, videos, data or information you input into the Service (where applicable) (“Your Content”) in the manner and the purpose for which you use Your Content; (b) all of Your Content comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party.

  7. You represent and warrant to Mountain Stream that you have the full corporate rights, power and authority to agree to these Terms and Conditions and perform the obligations agreed by you, and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.

  8. You hereby agree that Mountain Stream may, but is not obliged to, use your name and refer to you as a user of the Service in any publicity, press release, advertising or marketing material, throughout the world and using any form of media, provided Mountain Stream gives notice of said use within a reasonable period of time prior to acting. If you wish to use or display Mountain Stream’s trademarks or mention Mountain Stream in any publication, website, press release or in any other manner, you must obtain the prior written consent of Mountain Stream.

  9. You agree that you are solely responsible to obtain or provide any hardware or software that you may need to gain access to and use the Service, and for any damage or loss that you suffer as a result of the operation of such hardware or software, including incompatibility with any platforms used by Mountain Stream in providing the Service.

  10. You agree that Mountain Stream is the sole owner of and has the right to use any feedback you provide on the Service in any way whatsoever including to improve existing or create new products and services.

  11. Mountain Stream reserves all rights in the Service not granted to you expressly in these Terms and Conditions.

  12. You hereby agree to grant Mountain Stream a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host and use (a) Your Content (including, without limitation, to reproduce in a material form, publish, perform, communicate to the public, and to make an adaptation of Your Content) for the purpose of providing you with the Service, and, (b) if Mountain Stream provides any community forum for users of the Service to exchange user tips and publish their comments and opinions, any comments, opinions and other material you upload or publish on such a forum.

Payment Terms

  1. By creating an account and subscribing for the Service or renewing your subscription for the Service, you indicate you agree to the charges imposed by Mountain Stream for the particular services or products you have requested.

  2. You agree to comply with any payment terms that Mountain Stream may impose from time to time, as laid forth in this Agreement.

  3. You may be required to pay Mountain Stream in advance and/or an annual, half yearly, quarterly or monthly basis to use the Service. Your subscription may be renewed automatically on or close to its expiry at the subscription rates applicable at the time of renewal. However, even if a facility to renew your subscription automatically exists, it is solely your responsibility, and not that of Mountain Stream, to ensure that your subscription is renewed prior to its expiry, failing which your ability to use the Service shall expire automatically. Mountain Stream may not give you prior notice of an automatic renewal. If Mountain Stream is unable to effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. For subscribers choosing to pay by credit card, subscription fees for renewal may be charged to the credit card on record unless Mountain Stream is notified of a change or cancellation in writing using the tools or means made available by Mountain Stream.

  4. All sums payable by you to Mountain Stream may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription or charges levied by Mountain Stream As such, you agree that Mountain Stream may charge you and/or the credit card on record for any taxes or charges that Mountain Stream is required by any applicable law or regulation to levy on the subscription or charges.

Term and Termination.

  1. Mountain Stream shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms and Conditions.

  2. This Agreement and your ability to use the Service shall also automatically terminate upon the expiry of your subscription.

  3. After termination, Mountain Stream may, at its sole discretion, maintain any data you have uploaded into its systems.

  4. You agree that Mountain Stream has no responsibility to maintain your User account or any of Your Data after termination and you shall hold Mountain Stream harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same.

  5. If termination is due to your failure to renew your subscription on a timely basis, you may reactivate your account and access Your Data if renewal under such circumstances are enabled by Mountain Stream To do so you may have to pay any subscription fees or charges that may be imposed by Mountain Stream, including reactivation fees (if any), within any period that may be stated by Mountain Stream, failing which Mountain Stream may permanently remove and delete your user account(s) and any data you have uploaded into its systems.

Your Data, Mountain Stream's Data, the Storage and Transmission of Your Data and the Mountain Stream Privacy Policy

  1. You, and or your customers, partners or associates, whichever may be applicable, are the owner of any data you upload into the Service ( Your Data).

  2. You hereby agree that Mountain Stream is the owner of all data other than Your Data, including any system generated data generated by the Service or any data compiled from data inputted into the Service by all users of the Service on an aggregate basis ( Mountain Stream's Data).

  3. Mountain Stream may use all of Mountain Stream's Data in any way it chooses including to improve or adapt its services, or to create or design new products and services.

  4. You acknowledge and agree that the nature of the Internet is international and that Mountain Stream has your express consent to store and provide access to your personal or confidential information, and that of your users(s) and customers, in and from any location around the world, and to transmit and deliver such information via the Internet which may involve its transmission across multiple jurisdictions.

  5. The Mountain Stream Privacy Policy, as may be amended or updated from time to time, is incorporated into and form part of these Terms and Conditions.

Your account(s) and Password(s)

  1. 1. The responsibility to keep secure and confidential any password(s) and user ID(s) Mountain Stream may issue to you to access the Service, rests solely with you and the employees, representatives and agents of yours that are entrusted with the same.

  2. 2. Should you become aware of any unauthorized access to your account(s), or any misuse of your password(s) and user ID(s) you must activate the process put in place to disable your account(s) and/or re-issue new password(s) or user ID(s) as soon as possible.

  3. 3. You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your account(s) for the Service. You also agree that Mountain Stream may accept instructions and requests from and communicate with such person(s) until and unless Mountain Stream receives notification that such person(s) are no longer your user(s) or administrator(s), and such instructions, requests and communications are valid and legally binding on you. In addition, you are responsible for any and all use of your account(s) by any persons who are in possession of your user ID(s) or password(s).

Your indemnity in Favour Of Mountain Stream

  1. If Mountain Stream and/or any of their affiliates (collectively the “Indemnified Parties”) take any action to enforce any of the Terms and Conditions, you agree to indemnify and hold harmless the Indemnified, their affiliates, and their respective officers, directors, employees and agents from and against any and all claims, losses, costs, expenses, causes of action or demands, including reasonable legal and accounting fees, arising out of and relating to your use of the Service, and any and all breaches by you of these Terms and Conditions.

Service Level Agreement

The Service Level Agreement is incorporated into and forms part of these Terms and Conditions.

No Warranties

UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, MOUNTAIN STREAM MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING ITS WEBSITE, THE SERVICE, THE PRODUCTS OR SERVICES AVAILABLE ON THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS WHERE IS” BASIS. MOUNTAIN STREAM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE, OR THIS WEBSITE. MOUNTAIN STREAM EXPRESSLY DISCLAIMS ALL WARRANTIES IN RELATION TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF TEXAS. MOUNTAIN STREAM DOES NOT WARRANT THAT THE SERVICE, THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM MOUNTAIN STREAMIS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FOR THE AVOIDANCE OF DOUBT, MOUNTAIN STREAM DOES NOT GUARANTEE THE EFFECTIVENESS OF THE SERVICE. MOUNTAIN STREAM TAKES NO RESPONSIBILITY FOR THE SECURITY, CONFIDENTIALITY OR PRIVACY OF THE COMMUNICATIONS AND/OR DATA TRANSMITTED OVER THE INTERNET AND DOES NOT WARRANT (AND EXPRESSLY EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES) THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR OR LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, MOUNTAIN STREAM SHALL NOT BE LIABLE FOR ANY COMPATIBILITY ISSUES PERTAINING TO CUSTOMERSÂ’ COMPUTERS, APPLICATIONS OR OTHER SOFTWARE ON ANY COMPUTERS USING THE SERVICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL MOUNTAIN STREAM BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICE OR THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY MOUNTAIN STREAM EVEN IF MOUNTAIN STREAM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, notwithstanding the foregoing, Mountain Stream should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site, the Service or its content, to the full extent permitted by law the combined aggregate liability of Mountain Stream shall in no event exceed the value of the monthly subscription for the Service paid by you or US$1000.00, whichever is lower. Further, Mountain Stream’s liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage.

Force Majeure

  1. Mountain Stream has no responsibility for and is released from all contractual obligations and liability (e.g. for damages) if its performance of these Terms and Conditions is affected by an event of force majeure. For the purpose of this clause, the term “force majeure” means and includes any event which was not under the control of Mountain Stream, or was not reasonably foreseeable, including, but not limited to any natural disaster such as thunderstorm, flood or storm, fire, national emergency, strike or equivalent labour action, or the unavailability of the Internet for reasons beyond the control of Mountain Stream.

General Provisions.

  1. These Terms and Conditions are governed by the laws of the State of Texas. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. The parties agree to submit to the exclusive jurisdiction of the courts of the State of Texas.

  2. You may not assign your rights hereunder to any third party without the prior written consent of Mountain Stream.

  3. No joint venture, partnership, employment, or agency relationship exists between you and Mountain Stream A person who is not a party to this Agreement shall have no rights under the laws of Texas to enforce any term of this Agreement.

  4. If any provision of these Terms and Conditions is found invalid or unenforceable by any Texas Court, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable.

  5. These Terms and Conditions constitute the entire understanding and agreement between Mountain Stream and you and supersedes any and all prior understandings and/or agreements between the parties in relation to the Service.

  6. No purported waiver by Mountain Stream of any of its rights hereunder or under any applicable law or regulation shall be valid unless made in writing by an authorised representative of Mountain Stream.

  7. No change, amendment or modification of any provision of these Terms and Conditions will be valid unless set forth in writing and mutually agreed to by the parties.

Service Level Agreement

    Monthly Uptime Guarantee

  1. Mountain Stream will make best efforts to ensure that its Service will be available 99.5% of the time in a calendar month (“Monthly Uptime Guarantee”), excluding Maintenance and Exclusions (both terms of which are defined below). You are eligible to claim service credit(s) for Service Downtime if Mountain Stream fails to meet the Monthly Uptime Guarantee, provided the total Service Downtime of 0.5% in a calendar month is verified by Mountain Stream.

  2. Service Downtime is defined as an inability to access the Service caused by failure of network equipment managed, owned, leased or used by Mountain Stream to provide the Service, including the failure of managed switches, routers, and cabling but excluding Maintenance and Exclusions.

Irrecoverable Data Guarantee

  1. If you attempt to access any of Your Data but the data is irrecoverable, you must report the same to Mountain Stream as soon as possible. Mountain Stream will investigate the cause of the same and will require your assistance during such investigation. If the result of Mountain Stream investigation indicates that the cause of such irrecoverable data is due to the fault of Mountain Stream, then Mountain Stream will grant a service credit to you up to a maximum of the fee charged to you for the calendar month during which the irrecoverable data event took place.

Maintenance

    Maintenance means and includes:

  1. Any scheduled maintenance of the cloud data centers used by Mountain Stream to provide the Service of which you are notified at least [3] days in advance. For the purpose of notifying you, Mountain Stream will use the contact email on record. Please ensure that this email is up to date and accessed frequently; and

  2. Any maintenance of the data centres used by Mountain Stream: (a) is necessary to avoid an immediate threat to the data center or the Service and (b) of which Customer is notified.

Exclusions

    You shall not be entitled to any service credits if Service downtime is due to the following Exclusions:

  1. The actions or omissions of yourself or your employees, agents, representatives or contractors using the password(s) and user ID(s) issued by Mountain Stream to you to access the Service;

  2. The result of Maintenance;

  3. A denial of Service attack, hacker activity, or other malicious event or code targeted against Mountain Stream or an Mountain Stream customer;

  4. Failure of any hardware, software, network or Internet infrastructure not owned or managed by Mountain Stream or its sub-contractors;

  5. Factors outside Mountain Stream’s reasonable control;

  6. The Monthly Uptime Guarantee does not include time required to perform data restores and backups if applicable.