The Fine Print
- Don’t abuse our system, use more than 1 free account, or do anything that might resemble or be misunderstood as a denial-of-service attack.
- Don’t do anything illegal.
- Don’t violate anyone’s Terms of Service.
- Last updated on 10/28/2020
The Fine Print
PhantomJsCloud was created by, and is a Service of, Novaleaf Inc and/or Jason Swearingen LLC (hereby known as “Owner”).
The following are terms of accessing and/or using the PhantomJsCloud website and using the PhantomJsCloud service. By accepting the terms of the Agreement below and/or using the service, you are stating that you agree to be bound by all terms without modification, conditions, or notices.
- FEES and SERVICES: PhantomJsCloud offers a range of subscriptions, prepaid plans and free usage upon registration. Upon registration for free usage, credit card information is not required. Our all paid plans including subscriptions are available on monthly pre-paid, non-refundable contracts. All contracts will automatically renew for the same term using the payment method on file unless the client changes or discontinues the service. All service upgrades are effective immediately, while downgrades are effective as of the next renewal date. PhantomJsCloud may change its fee structure and/or provide an upgrade service at any time with notice, in which case new rates will be in effect as of the next renewal period.
- MEMBER RESPONSIBILITIES: To register for the Service, you must complete the registration process by providing PhantomJsCloud with current, complete and accurate information as required by the registration form. You will not use more than one Free Subscription or otherwise non-paid api-key or account. You are solely responsible for any use and all activities that occur under your account. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by PhantomJsCloud and for any use or misuse of your account resulting from any third-party using a password or user name issued to you by PhantomJsCloud. You agree to immediately notify PhantomJsCloud of any unauthorized use of your account or any other breach of security known to you. You agree to let Owner use your organization's logo in its customer list and at other places on its website (including but not limited to PhantomJsCloud.com). You agree to use PhantomJsCloud and all other services provided by Owner only for uses considered legal in the state of Washington U.S.A. You agree to follow the spirit of the items listed in the “Summary (TLDR)” section preceding this numbered Terms-of-Service section.
- ACCEPTABLE USE: You agree not to, and not to allow third parties to use the Service to do any of the following:
- to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing Customer End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
- to engage in, promote or encourage illegal activity;
- for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
- to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
- to interfere with the use of the Service, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users;
- to disable, interfere with or circumvent any aspect of the Service; or
- to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisements or other solicitations (“spam”).
- LICENSING: PhantomJsCloud testing plans allow a fixed number of licenses per plan as defined on the pricing page. Sharing of licenses / accounts is not allowed and each license / account is for an individual user. PhantomJsCloud will not be responsible for activities that occur under an account in the event of the account being shared, and hold the right to cancel the account. Please refer to the Member Responsibilities above for more information regarding account confidentiality.
- INDEMNIFICATION: You agree to indemnify, hold harmless and defend PhantomJsCloud, its contractors, its licensors, and their respective directors, officers, employees and agents, at your expense, from and against any and all third-party claims, actions, proceedings, and suits and expenses, including attorneys’ fees, arising from your use of the PhantomJsCloud Tools, the Service, and the website, including but not limited to your violation of this Agreement.
- THIRD PARTIES: If you allow a third party access to the Service through your account, you shall ensure that said third party is bound by and abides by the terms of this Agreement. All provisions in this Agreement, including but not limited to warranty disclaimers, indemnity, limitations of liability, and proprietary rights, are applicable to the Third Party.
- DISCLAIMER OR WARRANTIES: The PhantomJsCloud Service is provided ‘as is’. The PhantomJsCloud and its contractors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither The PhantomJsCloud nor its contractors makes any warranty that the Client, Service, or website will be error free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted. You understand that the use of The The PhantomJsCloud Service, and the website is at your own discretion and risk.
- LIMITATION OF LIABILITY: Owner will not be liable to you or any third-party claimant for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service and/or use of the the PhantomJsCloud), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if possible client, the has been advised of the possibility of such damages. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you. Owner and its contractors' total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed $1.
- SERVICE LEVELS: Unless specifically covered under the details of a separate SLA agreement, PhantomJsCloud does not guarantee the Service will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance, or force majeur.
- PROPRIETARY RIGHTS NOTICE: The Service, which includes but is not limited to all intellectual property rights in the Service, will always be the property of PhantomJsCloud. You may use the PhantomJsCloud Service subject to acceptance of the terms of this Agreement. You will not, nor will you, allow any third party to reverse engineer and/or create derivatives of the PhantomJsCloud, using any method possible. You will not, nor will you, allow any third party to modify the PhantomJsCloud in any way. You will use the PhantomJsCloud Service solely for your commercial use and will not make the PhantomJsCloud available for any type of external service such as, but not limited to, an application service provider.
- TERMINATION: The PhantomJsCloud Team may terminate the Service and/or website access at any time and for any reason without notice. If you wish to terminate this Agreement or your service, you may simply stop using the Service or stop accessing the website. However, although this agreement may terminate between the PhantomJsCloud Team and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and proprietary rights.
- MODIFICATIONS: The PhantomJsCloud Team reserves the right, at its sole discretion, to modify or replace any part of these terms. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the PhantomJsCloud service or access to the PhantomJsCloud website following the changes in these Terms constitutes acceptance of those changes.
- MISCELLANEOUS: PhantomJsCloud shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between you and PhantomJsCloud concerning its subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Washington, U.S.A without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules and regulations, and American law shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Washington, U.S.A. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without PhantomJsCloud’s prior written consent and any such attempt is void. The relationship between PhantomJsCloud and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns of the parties hereto.
- 04/18/2016: Updated for leaving Beta. Added clause on only 1 free account and general abuse.
- 05/01/2018: Added “Acceptable Use” section.
- 10/28/2020: Update to reference “Owner” instead of hardcoded org name