beHuman Terms of Service

Last Updated: January 1st 2015

TERMS OF SERVICE

The following document outlines the terms of use of the beHuman website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us. Before using any of the beHuman services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE beHuman SERVICES (“SERVICES”). BY USING THE beHuman SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT beHuman’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

ACCEPTANCE OF TERMS

The web pages available at behuman.com.tw and all linked pages (“Site”), are owned and operated by Lead-Bright INC. (“beHuman”) and is accessed by you under the Terms of Use described below (“Terms”). Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

 

Description Of Service

The Site is an online service that offers chat and email support to organizational operators who wish to establish an online presence for the purposes of attracting traffic / web-site visitors and then converting site visitors through our knowledge of best practice content creation for Search Engines and Marketplaces that respond to content creation. Services include, but are not limited to, any service and/or content beHuman makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of beHuman. beHuman reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. beHuman service does not support installations of our software on your servers. In some instances of our services hosting is included as part of our software, beHuman chooses when and where to leverage one or all of the following hosting / server, DNS, CDN environments on Amazon Web Services, IBM Global Services, SoftLayer, CloudFront, CloudFlare and privately owned or rented servers at any given time.

 

Use of the Services

Your use of the Services are governed by our Acceptable Use Policy (AUP) and Privacy Policy which are incorporated into this TOS by reference. In the event of inconsistencies between this TOS and the AUP, on the one hand, or the Privacy Policy, on the other, the AUP or Privacy Policy shall govern. The terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Examples of primary purposes for an account that are not allowed include, but are not limited to:

Audio/Video streaming (other than that which is incidental to a site’s operation)

Very large photo galleries

Storage of a large amount of uncompressed or full-size digital images

Online file (FTP) serving

Distribution of large audio or video content such as MP3 files

Online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website)

You may not place excessive burdens on our CPUs, servers or other resources, including our customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result our need to place restrictions on your use of the Services. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.

Hosting is by our control only and the websites we provide for you are allowed to use a maximum of 100,000 inodes and 20 concurrent HTTP connections to the server. Backups older than 20-days in a customer account may be removed from the server at our discretion.  If you exceed 5GB of disk usage in your account, your account will no longer be backed up. Please download any backups from your dashboard and store them locally. Typically a website that does not exceed 1,000-3000 visitors per day will not exceed our usage limitations on our base service offerings. If you plan to exceed this limitation we can deploy your services on an independent server instance per your needs while billing you separately for this upgrade. You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services. You are responsible for all long distance and/or connection charges associated with the Services. You are responsible for the Fees once our Services are made available to you. It is your responsibility to ensure that you can connect with us to use the Services.

OWNERSHIP

Designs or copy-writing that has been created for your site, you may take with you upon written request, only after we are no longer serving this content, as duplicate content is penalized by Google and other Search Engines. There may be instances where we use design or copy-writing excerpts for our portfolio, or other work related demos. Any designs or writing you upload to the site is yours and at any-time you may take with you. In the event you would like to move your designs or cancel our service, by written request we can give you the option of HTML backup of the visual layout we use for your website with the limitation of 4 pages, within 45 days upon original request upon normal operating conditions, during normal business hours and in the order in which the request was received among all other requests. This backup will allow a developer to redeploy the look and feel of the visual presence that beHuman originally deployed on your behalf. beHuman does not provide copies of the software we use, including but not limited to the databases, operating systems, CMS, CRM, Or Page Design Systems, this also includes any software licenses purchased on your behalf to implement any services.

REGISTRATION

As a condition to using Services, you are required to open an account with beHuman and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your beHuman account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify beHuman of any security breach of your Account. beHuman shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your beHuman account. Services are available only to legal entities and to individuals who are at least 18 years old. The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the beHuman Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

PAYMENT

You agree that you will pay for the Services, and that beHuman may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING beHuman WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable. Prices for the Services may change at any time at beHuman’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

 

USE OF SERVICES AND RENTED CONTENT

You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by beHuman and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. beHuman reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by beHuman for compliance purposes, and beHuman reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to beHuman. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

 

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge beHuman, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless beHuman, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of,  in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or beHuman Username and password; or (iii) any material or immaterial violation of any rights, title or interests  of any third party.

LIMITATION OF LIABILITY

In no event shall beHuman be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawor with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

beHuman, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY beHuman OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

Uncontrollable Events:

No party shall be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond the reasonable control of such party. The time for performance of any act delayed by such causes shall be postponed for a period equal to the delay; provided, however, that the party so affected shall give prompt notice to the other party of such delay. The party so affected, however, shall use its best efforts to avoid or remove such causes of nonperformance and to complete performance of the act delayed, whenever such causes are removed.

INTELLECTUAL PROPERTY

beHuman, behuman.com.tw and other LeadBright INC graphics, logos, designs, page headers, button icons, scripts,  service names and any other intellectual property are the sole and exclusive intellectual property of beHuman. beHuman’s intellectual property may not be used in connection with any product or service without the prior written consent of beHuman. Notwithstanding the foregoing, the images and icons available in the beHuman Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the beHuman Site.

SUPPORT REQUESTS & REASONABLE USE

The nature of beHuman’s suite of services is to deploy, manage and operate actionable web presences that attract your ideal target audience through search and social media industry established best practices. While simultaneously attracting visitors, behuman works to convert these visitors into a behavioral stage where there is measurable and sustainable outcome for you, your brand and your visitor. Zero-Sum Orchestrations are not permitted. Sustainable is defined as any action with positive measurement that proves growth that is aligned with a pre-determined member-journey that we design with you or on your behalf. There are instances where we may determine some requests bare no provable measurable outcome during your members journey or bare no alignment with your current established goals or key performance indicators (KPI’s) for your brand, upon determining no alignment, no action will be taken and your request may be dismissed.

ThriveSites is a launch first, then improve upon gaining target audience feedback solution. ThriveSites is for a brand that may not or may have a web presence, or an underperforming environment where it is not known the quantity of traffic or quality of experience that visitors are viewing. The base performance of ThriveSites is content marketing for the purposes of getting your website ranked and attracting organic traffic with the display of pre-determined call to actions (CTA’s) to stimulate visitors into performing an action. The website is SEO optimized out of the box. This includes speed and image optimization. It also includes the uploading of up to 10 content pages that you’ve created beforehand. In some instances we may perform some writing on your behalf but will deduct the per-word amount from the blog content package without your prior approval. Our primary focus is attracting your ideal audience. The Web-Design stage of our work-flow is a direct guided process where you choose the design you want directly from our presented options on behuman.com.tw, including colors and the movement or exclusion of web-modules within pre-built ability of the web layout you’ve selected, by following our directions and using our wire-frames as guidance. Custom design or coding is not included. Ideal audience discovery is by our process alone. We will submit questions to you and your team to help us more clearly define this ideal. We may even deploy surveys on the website to facilitate this effort, but it is by our discretion alone. Content and design will be deployed and optimized based on measurable feedback from real site visitors or your potential members. This feedback will always supersede employee, partner and executive opinion because executives are not unbiased first-time site visitors. This also means that it is imperative that the web presence should be launched quickly and that flawlessness is not a practicality of this service and will not be entertained. You should be aware that we seek incremental improvements over perfection, because it has been proven we cannot optimize anything unless we have real world feedback data from both the search engines, social media marketplaces and your target member’s measured usage on your live web presence. We have a set limit of three iterations or modifications before site launch, this includes content. If you believe that you cannot launch a web presence with our explicit guidance in under 3 iterations then you should sign up for our LeadOptimizer service which allows you greater flexibility. However if believe you cannot launch without first gaining customer feedback then you may require a full branding, market and competitor research consultant, which you should seek from a third-party.

LeadOptimizer is a plugin service to ThriveSites or to your already established online presence. This service allows us to deploy landing pages and measure and improve conversions on as many landing pages you require. We design only 1 landing page and then duplicate this with modifications to meet the needs of the new channels we are deploying the new pages for. You may submit a single 30 minute job as many times as you would like as long we’ve already completed any ‘single 30 minute job’ that you may have previously submitted, including ad-campaign changes on any ad-channel we’re currently supporting for you. The service as a plugin to ThriveSites also allows us to optimize all pages previously created and add new elements to any page where you would like to see increased conversions. The plugin to your site happens by you forwarding traffic to a sub-domain which you give us control of as per our guidance when your order has been placed, where usage case permits. Because of time-constraints LeadOptimizer is only supported on our software, which is why you need to give sub-domain access or already have a ThriveSites subscription.

If you are unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.

THIRD-PARTY MATERIALS

Certain services available may include materials from third parties. beHuman may provide links to third-party websites as a convenience to you. You agree that beHuman is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that beHuman is not in any way responsible for any such use by you.

UNLIMITED AND REASONABLE USE

The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by beHuman management, at its sole and exclusive discretion. Customers deemed to be abusing the beHuman service will be contacted by the beHuman management. beHuman management retains the sole and absolute discretion to suspend service to you if we deem necessary.

TERMINATION & CANCELLATION

Cancellation of any monthly hands free service can occur at anytime. For our yearly services which are paid upfront, if you choose not to renew or cancel, the site will remain online for the remainder of your term, you will also still recieve any written content you already paid for until the completion of the term. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better. beHuman may terminate or suspend any and all Services and/or your beHuman account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your beHuman account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You can contact us through the contact page or support area to issue a termination request.

CHANGE

beHuman reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, beHuman will notify you by posting an announcement on the site. What constitutes a material change will be determined at beHuman’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind beHuman in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. beHuman shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond beHuman’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. beHuman may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of Hong-Kong, as if made within Hong-Kong between two residents thereof, the parties submit to the exclusive jurisdiction of Hong-Kong courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.

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