MyCommands.com

IMPORTANT – READ CAREFULLY:  YOUR USE OF MYCOMMANDS.COM ONLINE OFFICE / CRM AND ITS SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Introduction

IMPORTANT – READ CAREFULLY: BY CLICKING THE "I AGREE" BUTTON OR BY UTILISING THE ONLINE OFFICE / CRM ("SERVICES") YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. This is a legal agreement ("Agreement," and also referred to as the "Terms and Conditions") between You and CloudSonics Limited, doing business as "MyCommands.com," for use of the Services which You selected or initiated, which may include Online Office / CRM services, online applications and web hosting, optional fee based professional services and other services available from time to time (collectively, the "Services"). "You" refers to either (a) the individual or entity that registered and/or provided MyCommands.com his or her credit card or other payment mechanism for the Services, or (b) if the Services are being purchased on behalf of an entity by an individual authorised to purchase the Services on behalf of such entity, the "You" or, alternatively, "Subscribing Organisation" refers to such entity. If You do not agree with the terms of this Agreement, click the "CANCEL" button and do not use or join the Services or make any other use of the Services. Any software associated with the Services is protected by its copyright laws.

1. Description of Services; Statement of intended Use

The Services include an online office of applications including, but not limited to, calendar, database, announcements, contacts, accounts, leads, campaigns, product inventory, quotes, invoice and other online applications and features. Together, these Services are referred to herein as a "Site" or "Online Office / CRM". By registering, the individual or the organisation identified as the Subscribing Organisation in the Site registration process will be assigned into our service, and its representatives who have completed a member registration form will be "Members". The Services, all information, products and services contained or described in the Services or any Linked Sites or URL may be accessed and used solely by the Subscribing Organisation to which such service is assigned and its Members, solely for purposes of establishing and maintaining an online office / CRM for internal use. MyCommands.com may at any time terminate the Services or any feature of the Services, or the Subscribing Organisation's or it's Members' access to the Services as provided in Sections 4 and 5 hereof. All changes to the Services will be subject to these Terms.

2. Registration; Billing Information; Site Administrator

To establish a MyCommands.com hosted Site or Online Office / CRM, the Subscribing Organisation must complete the registration process. To become a Member, an individual must be specifically identified to the Subscribing Organisation, obtain its specific permission to access the same, and complete the Member registration form. The Subscribing Organisation and its’ Members must provide accurate and complete information upon registration (the "Registration Information"), as well as accurate and complete billing contact information, and promptly update the Registration and Billing Information so that it is always accurate, up-to-date and complete. The person who completes the registration is the initial "Administrator" for the Site, and exercises certain options to initially determine the level of privacy and security for the Site. For example, s/he will determine who can be a Member of the Site and the level of privileges that Members will possess. Each Administrator may designate other Members as additional and/or successor Administrators, and is responsible for confirming that such person(s) accept such responsibility. Upon becoming an administrator, each person will be deemed to agree to the obligations of an Administrator hereunder. In addition, any person designated as the Billing Contact in the billing record will be deemed to assume the rights and obligations of an Administrator. All notices from MyCommands.com to the Subscribing Organisation will be given to the current Administrator(s) at the e-mail address(es) appearing on the Site, and/or to the Billing Contact e-mail address, as appropriate. In addition, all notices and information sent by MyCommands.com to Members will be sent to their individual addresses. In its sole discretion, MyCommands.com will determine the timing, nature, and content of all communications with Administrators, Billing Contacts and Members.

3. Notification Of Unauthorised Use

The Subscribing Organisation will notify MyCommands.com immediately of any known or suspected unauthorised use, activities or disclosure of the Site or any information, or any other breach of security. MyCommands.com will not be liable for any failure by the Subscribing Organisation or its Members to comply with this Section 3 or any other provision of these Terms. In the event that a dispute arises over the rightful control of any Site, MyCommands.com will have no obligation to any party to continue to grant access to the Site except under an order from a court of competent jurisdiction.

4. Termination

MyCommands.com, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services, any password, Site Name, registration, any part or all of the Site, and/or the Subscribing Organisation's and/or its Members' access to and use of any part or all of their personally identifiable information (collectively, "Personal Information"), Registration Information, Site Information, the Services and/or the Site, and/or their rights under these Terms (all of the foregoing rights and actions to "Terminate" or a "Termination"), all at any time, including without limitation if (a) MyCommands.com believes that the Subscribing Organisation or a Member has violated or is threatening to violate these Terms or other policy of MyCommands.com, its Third Party Providers or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, (b) MyCommands.com believes that the Subscribing Organisation or any of its Members has accessed or is to attempting to access any part of the Services or Content, or the Site, or Registration Site or Personal Information of any other Subscribing Organisation or Member, (c) the Subscribing Organisation assigns its rights to the Site or the Site Name, (d) MyCommands.com discontinues the Services or any part thereof for any reason, (e) the subscribing Organisation or a Member makes excessive use of bandwidth, or transmits excessive numbers of e-mails, notices or other transmissions inconsistent with the number of members registered and using the Service in the sole discretion of MyCommands.com. MyCommands.com reserves the right to investigate the validity of any complaint presented to it which alleges that any site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the site and/or reviewing any data or information contained therein. MyCommands.com will not, however, provide any such information to any third party unless required by law or court order.

A Termination described in Section 4(a), (b), (c), or (d) may be made with or without notice and will be effective immediately. In the event of Termination, MyCommands.com may remove and/or permanently delete from its servers all of the Subscribing Organisation's and its Members' Site Information, Registration Information and Personal Information and/or all backup copies thereof, without further notice and without any liability of MyCommands.com to the Subscribing Organisation, its Members or any third party. Notwithstanding anything in these Terms to the contrary, if MyCommands.com reasonably believes that the Subscribing Organisation or any of its Members has violated or is threatening to violate applicable law or the provisions of Section 4(b) or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, MyCommands.com may, without any notice, refer the Subscribing Organisation and/or its Members to appropriate law enforcement agencies, and/or immediately remove and/or permanently delete the Site Information, Registration Information and/or Personal Information as otherwise provided herein. If a Subscribing Organisation or its Members are the subject of a Termination described in this Section 4, they may not re-register for or continue to use the Services in any manner or for any reason. If the Subscribing Organisation wishes to terminate its Site and use of the Services, it must notify MyCommands.com by sending an email to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . For information on this procedure, see our Privacy Statement at http://www.mycommands.com/privacy. The provisions of Sections 6, 10, 13, 14, 15 and 16 will survive any Termination under Section 4 or 5 and any discontinuance.

5. Access To Services; Support; Third Party Providers; Rights

To use the Services, the Subscribing Organisation and its Members must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection, including a computer and modem or other access device. The Subscribing Organisation and its Members may access the Services and the Site only by means of the interface provided by MyCommands.com. Although the Services and Site are generally accessible worldwide, access may not be available to all persons or in all locations. MyCommands.com reserves the right to limit access to the Site or the Services by any Subscribing Organisation, Member, or person, or from any location. The Services contain links to other World Wide Web sites of MyCommands.com's partners, affiliates, and providers of content or services to MyCommands.com in delivering the Services or to its Subscribing Organisations as part of the Services (collectively, "Third Party Providers") and to other resources and sites (all such sites collectively, "Linked Sites"). Such links are provided for the convenience of the Subscribing Organisation and its Members only, and are not reviewed, monitored or controlled by MyCommands.com. MyCommands.com does not endorse, is not responsible for and makes no representation or warranty concerning the reliability or availability of these Linked Sites or Third Party Providers or the accuracy, reliability, completeness or authenticity of their contents, advertising or products, and is not responsible for web casting or any transmission received from any Linked Site. Use of Linked Sites is subject to the privacy policies, terms of service and other conditions applicable to such Sites. Any concerns regarding any Linked Site or its content, products or services should be directed to the administrator or webmaster of such Linked Site.

6. Fees

All fees are payable in UK Pound Sterling (GBP) unless invoiced or charged by MyCommands.com in another currency, in which case the fees must be paid in the currency charged. All transmission fees, currency conversion fees, wire and bank fees chargeable by or deducted from remittances by any bank, including the transmitting, intermediary or recipient bank are the responsibility of the remitting party (Subscribing Organisation). Merchant fees charged by Credit Card Companies and by PayPal assessed to MyCommands.com, will be absorbed by MyCommands.com and are expressly not the responsibility of the remitting party (Subscribing Organisation).

During completion of the site subscription, one person is designated as the responsible contact for purposes of billing and payment of fees knwon as the "Billing Contact". The Billing Contact is not personally liable for the site fees, nor are individual site members. The obligation to pay fees rests with the Subscribing Organisation. The Billing Contact may, however elect to furnish a personal credit/debit card for the purpose of paying site fees in which case the furnishing of such information is considered his/her authorisation for MyCommands.com to use the card for any and payments related to the site. The Billing Contact may be changed by any Site Administrator directly through the site, and when any change is made all Site Administrators are notified by e-mail. The Services are provided on a subscription basis. Such subscription charges entitle the Subscribing Organisation and its Members to use the Services without any banner advertising or sponsorship advertising within the product. Third party opt-in email services, HTML email that may have sponsors or ads within it, and free subscription offers are not considered advertising or sponsorship advertising for purposes of subscription charges. Subscribing Organisations and its Members agree that should subscription charges not be paid in a timely manner, MyCommands.com may, in its sole discretion, discontinue service until such time as the payments are brought current. Subscribing Organisations and its Members further agree that should payment for the Services be made to a third party in connection with its offering of our service, and said third party fails to make payments to MyCommands.com, MyCommands.com may, in its sole discretion, discontinue service until such time as the payments are brought current. The Monthly Subscription Fees are charged in accordance with MyCommands.com's published prices at the time of initial subscription to the service.

Sites and Members are not charged for the first 30 days from the date of subscription. Billing will begin after the initial 30 days free period. Fees will be assessed based upon Site Membership as of the billing date. Pending Members and Guest access is not counted in determining Membership for billing purposes. It is the responsibility of the Site Administrator(s) to monitor and update their site membership. MyCommands.com will not be responsible for deleting site member records, nor will it do so if requested. Deletion of member records must be done by a Site Administrator. Subscription fees are billable to the person designated by the Subscribing Organisation as indicated in the Site billing contact information record or subscription record, which may be accessed only by a Site Administrator through the subscription method. It is the Subscribing Organisation's responsibility to ensure that the billing contact information is complete and accurate at all times. Only a Site Administrator or the designated billing contact person may cancel a site subscription. Cancellation may be made at any time by any Site Administrator or Billing Contact person through an e-mail instruction from the Site Administrator or a Billing Contact person. Cancellation requests must be addressed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Any cancellation will take effect from the cancellation date received by MyCommands.com provided that the request is received before the subscription date (otherwise monthly subscription fees for that month may occur prior to the cancellation. Cancellation of annual subscriptions will take effect on the last day of the annual subscription period. Upon receipt of a valid cancellation request, MyCommands.com may deactivate the Site at any time. Unless and until a cancellation request is received by MyCommands.com, You agree that MyCommands.com may automatically invoice or charge the credit/debit card on file for the full amount of each succeeding month’s subscription, or in the case of an annual subscription, for each succeeding year. You also hereby authorise MyCommands.com to charge any and all other amounts due under any to the credit/debit card on file. This includes both one time and periodic fees as they become due. In the event MyCommands.com is unable to collect from this credit/debit card any sums due, You agree to pay such sums, together with any costs incurred by MyCommands.com in collecting such sums, including reasonable attorneys’ fees, and interest at the lower of 1.5% per month or the highest rate permitted by law. In addition, You authorise MyCommands.com to, from time to time and at its discretion, undertake steps to determine whether the credit/debit card information provided is current and accurate. Those steps may include, but are not limited to, the use of third party service providers to, among other things, automatically update credit/debit card numbers and expiration dates, addresses, and other applicable information. MyCommands.com reserves the right to, without notice or prior approval, use the updated information for all current and future transactions.

MyCommands.com reserves the right to increase the fees it charges for access by the Subscribing Organisation and its Members to the White Label Reseller service, provided, however, that MyCommands.com will provide no less than thirty (30) days advance notice to existing Subscribers of its intention to do so.

Subscribing Organisations may elect to subscribe to the Service under a White Label Reseller license. In exchange for the payment of the White Label Reseller fees, the Subscribing Organisation will receive certain benefits as described on the MyCommands.com (or partnered) website(s) including custom branding of all its Online Office/CRM service/sites. The Subscribing Organisation agrees that it is granted a non-exclusive, worldwide, non-transferable license to use the White Label Reseller Service to create and maintain branded sites for itself and its legal Affiliates. For this purpose, a legal Affiliate is an entity that is more than 50% owned by the Subscribing Organisation. Neither the Subscribing Organisation, nor its Affiliates may sublicense the Services, or create branded sites for persons other than itself or its Affiliates.

Fees for other services, including but not limited to extra disk storage and extra users are also charged in accordance with the prices in effect at the time of purchase, or renewal.

7. Third Party (Partners) Sites

Subscribing Organisations may register for the MyCommands.com Services through a Partner who may be a reseller of the Services on behalf of MyCommands.com. In such cases, the Subscribing Organisation hereby agrees that MyCommands.com may provide membership, billing and other necessary contact information, including, but not limited to "personally identifiable member information" to the MyCommands.com Partner notwithstanding anything contained in these Terms and Conditions or the MyCommands.com Privacy Policy.

8. Storage And File Download/Bandwidth Limitations

Storage space for the Subscribing Organisation is currently provided in accordance with the MyCommands.com price list in effect from time to time, and it may be impossible to store some data or information at the Site due to space constraints. The Subscribing Organisation agrees that MyCommands.com is not responsible or liable for any insufficient storage capacity or the deletion or failure to store data or information. MyCommands.com reserves the right to limit the file download and/or bandwidth capacity of any or all sites, in its sole discretion, if it deems such limitation to be in the best interests of the operating performance across all sites. In addition, MyCommands.com reserves the right on a daily basis to limit the number transmitted from its servers for any individual site or group of related sites, in its sole discretion.

9. Privacy

MyCommands.com respects the privacy of its Subscribing Organisations and Members. Please read our Privacy Statement at http://www.mycommands.com/privacy, which forms part of these Terms.

10. Subscribing Organisation And Member' Responsibilities; Mature Audience Site Designation

All Site Information, Registration Information, Personal Information and other information stored, publicly posted or privately transmitted through the Services by the Subscribing Organisation or its Members, the confidentiality and privacy of all of the same and of the Site, and all uses of the Services and the Site by the Subscribing Organisation and its Members are their sole responsibility. Without limitation, the Subscribing Organisation and its Site Administrator(s) are responsible for monitoring the contents, use of and access to the Site and all such Information, and use of and access thereto by Members who are minors. Without limitation, the Subscribing Organisation agrees that it and its Members will use the Services and the Site only in accordance with these Terms, and will not use them to:

a. upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate any Site Information, Content or other information (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, objectionable or libelous, or promotes such activity; (ii) that (or the transmission, distribution, publication or dissemination of which) infringes any patent, trademark, trade secret, copyright, or other rights or proprietary rights of any party, violates any contractual or fiduciary relationships (such as inside, proprietary or confidential information); (iii) that is harmful to minors; or (iv) that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any "copy-protect" devices, any other harmful or disruptive program, or any warez, cracks, hacks, associated utilities or other piracy related information;

b. provide inaccurate, incomplete, outdated or misleading Registration Information or e-mail addresses, create a false identity or manipulate identifiers to mislead or to disguise the origin of any information stored on the Site or transmitted through the Services, or impersonate or otherwise misrepresent any affiliation with any person or entity;

c. modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new or derivative works from, license, distribute, perform, display, broadcast, exploit or otherwise copy any portion of the Services, Site Name, or any Content, or any products or other services (including software) obtained there from, or permit access to the same by any unauthorized person or entity;

d. interfere with or disrupt any links or click-through URLs provided through the Services, or servers or networks connected to the Services, or violate the regulations, policies or procedures of such servers or networks, or interfere with another Subscribing Organisation's or Member's use and enjoyment of the Services;

e. attempt to gain unauthorised access to the Services, Content, other Sites, Registration Information, Site Information or Personal Information, or other computer systems, servers or networks connected to the Services; or

f. violate (intentionally or unintentionally ) any applicable local, state, national or international law or regulation, including, but not limited to, regulations promulgated by the UK Securities and Exchange Commission, any rules of any securities exchange of any jurisdiction, laws regarding the transmission through the Services of technical data or software exported from the United Kingdom and/or the country(ies) in which the Subscribing Organisations and/or its Members reside, and laws and regulations regarding online conduct and acceptable content of the Subscribing Organisation's and its Members' transmissions, Site and Site Information.

The Site Administrator may elect to designate a Site as a mature audience site. This designation is purely voluntary on the part of the Subscribing Organisation. This designation indicates that some or the entire site content may not be appropriate for Members under the age of 18. This designation does not, under any circumstances, give the Subscribing Organisation or its Members the right to post content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, objectionable or libelous, or promotes such activity, as determined in MyCommands.com's sole discretion. Posting of such material as listed in this Paragraph 10 is a violation of these Terms of Use and will be dealt with in accordance with Paragraph 4 herein. If the Subscribing Organisation designates its site as a mature audience site, MyCommands.com reserves the right to visit the site either in response to a complaint, or, at its sole discretion, without having received a complaint regarding the site. If MyCommands.com discovers a violation of these Terms and Conditions, the site may be terminated in accordance with Paragraph 4 herein. MyCommands.com does not monitor information transmitted through the Services, Site Information or use thereof except to the limited extent permitted in these Terms or the Privacy Statement http://www.mycommands.com/privacy, but MyCommands.com has the right (but not the obligation) to delete, move or edit and to require the Subscribing Organisation to delete, move or edit any Registration, Site or Personal Information that violates the same. MyCommands.com reserves the right to examine the information or customer data contained within any Site, however, for the sole purpose of determining if a violation of these Terms and Conditions has occurred. The Subscribing Organisation must evaluate and bear all risks associated with use of any Site Information and any other information or products obtained from the Services, including any reliance on the accuracy, completeness or usefulness thereof.

11. Anti-Spam Policy

MyCommands.com does not condone or allow spam. The Subscribing Organisation and its Members may not use the Services, Content, MyCommands.com name or servers, the Site Information or the Sites to email or otherwise transmit, distribute, publish or disseminate any unsolicited advertising, survey, promotional materials, "junk email," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise) with respect to the Sites, Site Information or any other business, product or service, and may not use the Site Name as the return address on any unsolicited communication. Without limitation, Subscribing Organisations and Members may not use the "Invite Others to This Site" feature of the Services to send e-mail communications to a prospective Member unless they have a reasonable basis to believe that the recipient will want to become a Member. We encourage Subscribing Organisation and its Members to help us enforce this policy. To report a violation, contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . As provided in the Privacy Policy, http://www.mycommands.com/privacy, MyCommands.com will cooperate with legal authorities in releasing information about Subscribing Organisations and Members who violate this Anti-Spam Policy.

12. Back-Up

MyCommands.com regularly backs up Site Information stored on the Site, and stores the same for a limited time. Subject to the limitations set forth in Sections 4 and 5 hereof, upon the Subscribing Organisation's request and payment of the then-current fee, we will make reasonable efforts to restore Site Information. MyCommands.com will have no liability for any failure to back-up or restore such Site Information, or for interruptions, delay or suspension of access to or unavailability of Site, Registration or Personal Information, or any loss of such Information, data or transmissions.

13. Warranty Discliamers And Limitations Of Liability

WARRANTY DISCLAIMER. YOU UNDERSTAND AND AGREE THAT THE SERVICES, AND ANY ASSOCIATED SOFTWARE, ARE PROVIDED "AS IS" AND "AS AVAILABLE. MyCommands.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MyCommands.com MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, THE SITE, OR THAT THE SERVICES WILL MEET ANY SUBSCRIBING ORGANISATION OR MEMBER REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND THE SITE ARE AT THE SUBSCRIBING ORGANISATION’S AND/OR MEMBER’S SOLE RISK. THE SUBSCRIBING ORGANISATION AND ITS MEMBERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE SUBSCRIBING ORGANISATION, THE MEMBER, THE SITE, AND ANY LINKED SITES RESULTING FROM THE USE OF SUCH SERVICES OR WEBSITE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MyCommands.com, ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, SPONSORS, PARTNERS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR ANY OTHER PECUNIARY LOSS) INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, THE SITE, OR ASSOCIATED SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF MyCommands.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MyCommands.com’S MAXIMUM CUMULATIVE LIABILITY AND THE SUBSCRIBING ORGANISATION’S AND ITS MEMBERS’ EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE SUBSCRIBING ORGANISATION FOR THE SUBSCRIPTION SERVICES (EXCLUDING ANY PER USE OR PROFESSIONAL SERVICE FEES) IN THE PREVIOUS 12 MONTHS EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

14. Indemnity

The Subscribing Organisation and its Members agree, to the extent allowed under federal law, to indemnify and hold MyCommands.com, or its parents, subsidiaries, affiliates, officers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys' fees, arising directly or indirectly out of (a) the Subscribing Organisation's or its Members' use of or connection to the Services, this Website, the Site, or the Materials, (b) Site Information or other information transmitted or stored by the Subscribing Organisation or its Members through or on the Site or the Services, (c) activities in connection therewith, or (d) the Subscribing Organization's or its Members' breach of this Agreement or violation of the rights of any other party.

15. Proprietary Rights

The Services, this Website, and all Content, and all trademarks, including but not limited to all material distributed or presented to the Subscribing Organisation or its Members through the Services by MyCommands.com or its Third Party Providers or on the Linked Sites, and all rights and intellectual property rights therein, are the sole property of MyCommands.com, or its Third Party Providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to MyCommands.com through this Website, in writing, by e-mail or otherwise to MyCommands.com will be the property of MyCommands.com and MyCommands.com will have all rights therein without any obligation to compensate the Subscribing Organisation or its Members. All Site Information will remain the sole property of the Subscribing Organisation, its Members or any party with rights therein. Any rights not expressly granted herein are reserved.

All materials published by MyCommands.com and its Third Party Providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any Linked Sites (collectively, the "Content") are the property of or controlled by MyCommands.com or the party credited as the provider of the Content.

The Subscribing Organisation and its Members will respect all proprietary rights of MyCommands.com and its Third Party Providers in and to the Content, Site Name, Services, and Site, any products or other services obtained there from.

16. Miscellaneous

a. Assignment. Neither party may assign or delegate their respective obligations under this Agreement either in whole or in part, without the prior written consent of the other party. Notwithstanding the foregoing, either party may assign their rights and obligations under this Agreement as the result of a merger, consolidation, acquisition or the sale of all or substantially all of the assets of the assigning party and MyCommands.com may assign its rights and delegate its obligations in whole or in part to an affiliate, provided that either party may terminate this agreement upon 10 days notice, if the assignee can be reasonably considered a competitor of the non-assigning party.

b. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the United Kindsom as applied to agreements entered into.

c. Interpretation and Conflicting Terms. This Agreement will be interpreted fairly in accordance with its terms and without any strict construction in favour of or against either party. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. MyCommands.com shall not be bound by terms additional to or different from those in this Agreement that appear in Your acknowledgements, purchase orders, quotations, prior understandings, or in any other communications between the parties, unless such terms are expressly agreed to by amendment to this Agreement, and are executed by both You and MyCommands.com.

d. Force Majeure. Except for Your obligation to pay for the Services rendered, neither party will be responsible for failure of performance due to causes beyond its control. Such causes include (without limitation) accidents, acts of God, labor disputes, actions of any government agency, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion thereof.

e. Waivers. The waiver of any one breach, default or right granted under this Agreement will not constitute the waiver of any subsequent breach, default or right granted. Any provision of this Agreement held to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Agreement will continue in full force and effect.

f. Use of the Services. You may use the Services only for sessions or meetings in which You are an active participant, and as permitted under the terms and conditions of this Agreement or other written agreements between You and MyCommands.com. You may not resell, distribute, use on a timeshare or service bureau basis, or otherwise directly generate income from the Services. You will not modify, make derivative works of, disassemble, decompile or reverse engineer the Site, Services or any component thereof.

g. U.K. Export Law. You acknowledge that the Services are subject to U.K. export control laws and regulations. You represent that you are not a citizen of an embargoed country or prohibited end user under applicable U.K. export and anti-terrorism laws, regulations and lists. You will not use, export or allow a third party to use or export the Services in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations.

17. Representations Of Subscribing Organisation

By registering and accepting these Terms and Conditions, the initial Site Administrator on behalf of the Subscribing Organisation and all its Members, and each Member on its individual behalf, hereby represents and warrants to MyCommands.com that: a. s/he is the duly authorised Site Administrator or Member of the Subscribing Organisation and has the authority and legal capacity to register and accept these Terms and Conditions on behalf of the Subscribing Organisation and to bind the Subscribing Organisation thereto, and/or to register and accept the same on his/her own behalf and to be bound thereby; b. all Members are at least 18 years of age, or are at least thirteen (13) years of age and have parental permission to establish a Site and/or use and access the Services; c. (i) the Subscribing Organisation and its Members are eligible to establish a Site and to become Members, (ii) the Subscribing Organisation and its Members accept and agree to be bound by these Terms and Conditions, and the Subscribing Organisation will take all steps necessary to ensure that its Members so accept and are bound by the same, without limitation or qualification, and (iii) the Subscribing Organisation and Members will regularly review these Terms and Conditions, and in the event of any change, the Subscribing Organisation's or Member's failure to promptly discontinue use of the Services and Site as provided in Section 4 hereof will be deemed to indicate the agreement of the Subscribing Organisation, on its own behalf and on behalf of its Members, and of its Members to accept and be bound by such changes.

18. Copyright And Trademark Information

All trademarks, service marks and logos used in this Website are the property of their respective owners. All contents of this Website are the property of CloudSonics Ltd, MyCommands.com and/or its suppliers. Copyright © CloudSonics and MyCommands.com. All Rights Reserved.