Prismatic Consulting LLC d/b/a OWL Testing Software, here after referred to as “OWL Testing Software”, will provide online testing software, test hosting, data storage, and other testing and assessment related services to you, our Customer, under the following terms:
NO UNLAWFUL OR PROHIBITED USE
You acknowledge that OWL Testing Software does not regulate or take any responsibility for the content of information, files, images, or other communication transmitted to or by the OWL Test Management System. You warrant that you have all rights necessary to lawfully submit any information or material that is uploaded to the OWL Test Management System, including all intellectual property rights.
You agree not to publish or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or racially or ethnically derogatory content, or any content expressing hate towards any person or groups of persons due to race, religion, color, creed, national origin or sexual orientation. You agree not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation. You agree not to upload, post, email, transmit or otherwise make available any material that contains software viruses 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. You agree to indemnify OWL Testing Software against actions brought by a third party as a result of such material or information or transmission, or as a result of your use in any way of the OWL Test Management System or the services provided by OWL Testing Software.
ACCOUNT, PASSWORD AND SECURITY
You agree to use a secure and standard modern web browser such as Mozilla Firefox, Google Chrome or Microsoft Edge to access the OWL Test Management System.
When you open your the OWL Test Management System administrative account, you will be given an a login ID and a one time password. You should change your password immediately after first use. You are responsible for maintaining the confidentiality of your login ID and password. You are also responsible for all uses of your account, whether or not actually or expressly authorized by you.
You agree not to use the OWL Test Management System in any manner that could damage, disable or impair any of OWL Testing Software's servers, computer systems or network, or interfere with any other party's use and enjoyment of the OWL Test Management System, or any of OWL Testing Software’s software applications or services. You agree not to attempt to gain unauthorized access to any of OWL Testing Software's software applications or services, other accounts, servers, computer systems or networks. You agree not attempt to obtain any materials or information not intentionally made available through the OWL Test Management System, or to reverse engineer, decompile, or disassemble the software code. You may not use anyone else's account at any time, without the permission of the account holder.
You retain ownership of all your data, created by you and rightfully belonging to you, while properly accessing the OWL Test Management System under your login ID. OWL Testing Software respects your privacy, and will not use, sell, rent, trade or otherwise disseminate or disclose your data to itself or any third party, except as required by law or by your authorized written request or consent.
If, at any time we, OWL Testing Software, believe you, the Customer, are in breach of any of the terms and conditions contained in this agreement, we may immediately terminate this agreement without liability.
OWL Testing Software makes no warranties of any kind, whether express or implied, for the services to be provided hereunder.
You, agree that OWL Testing Software shall not be liable for any losses or damages of any kind to you including, but not limited to, those that may result from service interruptions, delays, non-deliveries of tests, or mis-deliveries of tests. Additionally, OWL Testing Software makes no warranties regarding its ability to recover any lost data, lost files, or other information, regardless of how or why the data or file was lost.
You agree to provide accurate and up-to-date contact information to OWL Testing Software, at the time you open your account, and as long as you use your account or it is active. You can update this information on your "My Account" page, or contact customer service at OWLHostingTeam@owlts.com. OWL Testing Software respects your privacy, and all your information is kept secure and confidential.
Full or partial invoices will be sent to you in advance of receiving services and will be in accordance with the billing policies and service rates as set forth on the OWL Test Management System pricing page, or in custom Service Agreements as negotiated and agreed to on a per-project basis with you. You agree to submit payment in US funds for all invoices upon receipt. You agree that submission of credit card information to OWL Testing Software constitutes authorization by you to bill the specified credit card for all fees owed by you to OWL Testing Software. Accounts 30 days past due are subject to suspension or termination and a service resumption fee. Cancellation of an account will result in deletion of all of Customer's files, including email.
LITIGATION AND ATTORNEY'S FEES
In the event of any dispute arising from or relating to this agreement, such dispute shall be resolved in the State of Pennsylvania, Allegheny County, and the prevailing party in any such dispute shall be entitled to reasonable costs, including collection costs, and attorney's fees.
ENTIRE AGREEMENT AND SEVERABILITY
This represents the complete agreement and understanding between OWL Testing Software and Customer with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect.