Actual Consulting Terms of Service

These guidelines govern accounts and services with Actual Consulting.

1. The services (the "AC services") provided to you by Actual Consulting ("AC") are subject to these Terms and Conditions. These Terms and Conditions set forth the entire agreement between AC and you with regard to the AC services. If any of these Terms and Conditions are unacceptable to you, you may terminate your account as provided below. Your use of AC services shall be conclusively deemed acceptance of these Terms and Conditions by you.

2. You shall pay for the AC services according to the AC billing policies then in effect. The AC billing policies are available at:

   <http://www.quibble.com/actual/billing-policy.html>

   Payment will only be accepted in U.S. dollars unless prior arrangements have been made in writing. If AC does not receive your payment when due, your account may be terminated. Termination of your account does not remove your responsibility to pay all fees incurred up to the date the account was canceled including any attorney fees and collection fees incurred by AC to collect such payment. You are responsible for providing all connectivity, personal computer, and/or other equipment necessary to use the AC service and for payment of all connectivity and access charges you incur in connecting to AC. If you use another organization's networks or computing resources, you are subject to their respective permission and usage policies. You agree to notify AC of any changes in your account information, such as your address or telephone number.

3. ALL USE OF THE AC SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. THE AC SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You release AC from and AC shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by you in connection with your use of or inability to use the AC services including, but not limited to, loss of data from delays, non- deliveries, mis-deliveries, or service interruptions even if the same is caused by AC's negligence. Without limiting the generality of the foregoing, AC disclaims any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods, and services available on or through the Internet or the AC services. In no event shall AC's aggregate liability exceed the amount paid by you to AC for the AC services.

4. Some states do not allow the exclusion or limitation of liability, and in such states AC's liability is limited to the full extent permitted by law. Use of any information obtained via the AC service is at your own risk. AC shall have no responsibility for the accuracy or quality of information obtained through any AC services.

5. AC'S SERVICES MAY ONLY BE USED FOR LAWFUL PURPOSES. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. This includes, but it not limited to:

   • reproduction or transmission of copyright or trademarked material without the permission of the owner;
   • transmission of threatening, lewd, lascivious, indecent, or obscene material;
   • transmission of material protected by trade secret;
   • using AC services to make, create, store, solicit, or transmit any obscene or indecent material to or from any person under eighteen (18) years of age;
   • using AC services to create or distribute unsolicited commercial email messages, newsgroup, Web site, or discussion group postings ("spam").

   You shall defend, indemnify, and hold harmless AC from and against any claims, liabilities, and expenses, including attorneys fees, resulting from your use of the AC service or your account in an unlawful manner or otherwise in violation of the Terms and Conditions. At AC's discretion, AC may revoke your access to AC services or account for inappropriate usage.

6. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You are fully responsible for how your account services are used and for all activities conducted through your account. If you authorize others to use your account services, you are fully responsible for what they do.

7. These Terms and Conditions are subject to change by AC from time to time effective ten(10) days after the new Terms and Conditions are published by AC at <http://www.quibble.com/>. If any new Terms and Conditions are unacceptable to you, you may terminate your account by giving written notice of termination to AC as provided below. Continued usage of your account after new Terms and Conditions have gone into effect constitutes acceptance of those new Terms and Conditions. Although we don't anticipate frequent changes, we encourage you to regularly check for Terms and Conditions updates.

8. All use of AC services is subject to the specifications and guidelines associated with each service. AC service specifications are available at <http://www.quibble.com/>, or can be obtained by contacting Actual Consulting.

9. Any network address assignments issued by AC (i.e., IP addresses) are the property of AC and are considered to be "loaned" to its customers. In the event service with AC is discontinued for any reason, such addresses will revert to AC.

10. All data, files, and other materials owned by you stored on AC services and services remain your property for the duration of the service, and will be returned to you at any time upon request. You grant AC all necessary licenses to utilize those materials in order to perform contracted services.

11. All AC services are for end-user use only and may not be resold to third parties without a separate reseller agreement on file with AC.

12. AC will list your email information in relevant Internet directories and lookup services (Whois, etc.) only with your explicit permission or at your request.

13. AC reserves the right to cancel the AC service at any time and for any reason and to reimburse you any unused fees where appropriate on a pro-rata basis.

14. Some of the information available on AC systems is protected by trademark and/or copyright. Unless you have written permission from the mark or copyright holder, you shall not redistribute this information to others, including use of this information on the Internet, radio, television, or in printed media such as newspapers, magazines, or newsletters.

15. TERMINATION. You may cancel your account at any time by providing written notice to AC. You will still be responsible for any fees incurred up to the date of termination of the services. AC will reimburse you for any unused fees where appropriate on a pro-rata basis.

16. These Terms and Conditions supersede all previous representations, understandings, or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order or payment submitted. These terms and Conditions shall be governed by the laws of the state of Washington, without reference to its choice of law principles.