Terms of Service

The following terms and conditions govern all use of the Back of the Plane.com Web site and all content, services and products available at or through the Web site (taken together, the Web site). The Web site is owned and operated by Back of the Plane. The Web site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Back of the Plane (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Web site. By accessing or using any part of the Web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Web site or use any services. If these terms and conditions are considered an offer by Back of the Plane, acceptance is expressly limited to these terms.

Your Account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Back of the Plane may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Back of the Plane liability. You must immediately notify Back of the Plane of any unauthorized uses of your account or any other breaches of security. Back of the Plane will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you post material to the Web site, post links on the Web site, or otherwise make (or allow any third party to make) material available by means of the Web site (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Back of the Plane or otherwise.

By submitting Content to Back of the Plane for inclusion on the Web site, you grant Back of the Plane a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Back of the Plane. If you delete Content, Back of the Plane will use reasonable efforts to remove it from the Web site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Back of the Plane has the right (though not the obligation) to, in Back of the Plane's sole discretion (i) refuse or remove any content that, in Back of the Plane's reasonable opinion, violates any Back of the Plane policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web site to any individual or entity for any reason, in Back of the Plane's sole discretion. Back of the Plane will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment

Optional premium paid services are available on the Web site. By selecting a premium service you agree to pay Back of the Plane the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

Premium Services

Fees; Payment. By signing up for a premium account you agree to pay Back of the Plane the listed setup fees and monthly hosting fees in exchange for the listed services. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Back of the Plane reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on 30 days written notice to Back of the Plane.
Support. VIP Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Back of the Plane to respond within one business day) concerning the use of the Services. "Priority" means that support for Services customers takes priority over support for users of the standard, free services. All Services support will be provided in accordance with Back of the Plane standard Services practices, procedures and policies.

Responsibility of Web site Visitors

Back of the Plane has not reviewed, and cannot review, all of the material, including computer software, posted to the Web site, and cannot therefore be responsible for that material's content, use or effects. By operating the Web site, Back of the Plane does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Back of the Plane disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content there posted.

Content Posted on Other Web sites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Web sites and Web pages to which Back of the Plane links, and that link to Back of the Plane. Back of the Plane does not have any control over those non-Back of the Plane Web sites and Web pages, and is not responsible for their contents or their use. By linking to a non-Back of the Plane Web site or Web page, Back of the Plane does not represent or imply that it endorses such Web site or Web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Back of the Plane disclaims any responsibility for any harm resulting from your use of non-Back of the Plane Web sites and Web pages.

Copyright Infringement and DMCA Policy

As Back of the Plane asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Back of the Plane violates your copyright, you are encouraged to notify Back of the Plane in accordance with Back of the Plane's Digital Millennium Copyright Act ("DMCA") Policy. Back of the Plane will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Back of the Plane or others, Back of the Plane may, in its discretion, terminate or deny access to and use of the Web site. In the case of such termination, Back of the Plane will have no obligation to provide a refund of any amounts previously paid to Back of the Plane.

Intellectual Property

This Agreement does not transfer from Back of the Plane to you any Back of the Plane or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Back of the Plane. Back of the Plane and all other trademarks, service marks, graphics and logos used in connection with Back of the Plane, or the Web site are trademarks or registered trademarks of Back of the Plane or Back of the Plane's licensors. Other trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of other third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any Back of the Plane or third-party trademarks.

Changes

Back of the Plane reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. Back of the Plane may also, in the future, offer new services and/or features through the Web site (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Back of the Plane may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Web site. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by Back of the Plane if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Back of the Plane's notice to you thereof; provided that, Back of the Plane can terminate the Web site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Web site is provided "as is." Back of the Plane and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Back of the Plane nor its suppliers and licensors, makes any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.

Limitation of Liability

In no event will Back of the Plane, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Back of the Plane under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Back of the Plane shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Web site will be in strict accordance with the Back of the Plane Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Web site will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Back of the Plane, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Web site, including but not limited to out of your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Back of the Plane and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Back of the Plane, or by the posting by Back of the Plane of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Web site will be governed by the laws of the state of New Hampshire, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Rockingham County, New Hampshire.