Updated 25 January 2008

Welcome to Synthasite.

Before using the Synthasite Web Site, you must read and agree to these Terms of Service (“Terms of Service”) and the following terms and conditions and policies, including any future amendments and or versions (collectively the “Terms”):

• - Privacy Policy
• - Content Policy

Synthasite may, at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Consequently, Users should consult the Terms regularly.
Please read the Terms carefully before using the Synthasite Web Site. Users expressly acknowledge that they are aware of the Terms and have had access to the same upon entering the Web Site. Consequently, by using the Web Site, Users signify their assent and agreement to the Terms. If User does not agree to these Terms, then User is not authorised to continue consultation, use, and access of the Web Site. Nothing in these Terms shall be deemed to confer any third party rights or benefits.

Description of Services

The Synthasite Web Site is comprised of various web pages and web applications operated and hosted by Synthasite - hereafter referred to as the "Synthasite Toolset". The user/client of the "Synthasite Toolset" will be known as "you".
The Synthasite Toolset is licensed to you for personal and commercial use from the owner SynthaSite, Inc.., a South African company (registration number 2007/019606/07 registered address 5th Floor, Protea Place, Protea Road, Claremont, South Africa) subject to your acceptance of these Terms. SynthaSite, Inc. provides the Synthasite Toolset and licenses its use worldwide. You assume responsibility for the selection of the Synthasite Toolset to achieve your intended results, and for the installation, use, and results obtained from it.
SynthaSite, Inc. disclaims all responsibility and liability for the availability, security and reliability of the Synthasite Toolset. SynthaSite, Inc. reserves the right to modify, suspend or discontinue the Synthasite Toolset with or without notice at any time and without any liability to you.
You must be at least 18 years of age to use the Synthasite Toolset. Should SynthaSite, Inc. be notified that you are under 18 years of age, SynthaSite, Inc. reserves the right to refuse service to you at any time with or without notice.
Synthasite (Pty) Ltd reserves the right to refuse service to anyone at any time with or without notice for any reason.

Beta Version Notice

Synthasite is currently released in Beta version 2.2.2 for use by registered users only.

User ID and Sub-Domains

To gain access to the Synthasite Toolset and the functionality of the Synthasite Toolset you will be required to register an access ID and password. The access ID and password may only be used by you. You will be responsible and liable for all activities occurring under your access ID and for keeping your password secure.
As part of the Synthasite Toolset, Synthasite (Pty) Ltd also offers registered users free use of Synthasite sub-domains (ex: [subdomain].synthasite.com) ("Synthasite Subdomain") for the purpose of hosting their websites. Synthasite (Pty) Ltd retains all rights over any Synthasite Subomains and has the right to revoke the use of any sub-domain at any time without reason.
You agree that Synthasite (Pty) Ltd may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your account, username, and Synthasite Subdomain, and remove or discard any content associated with your account and username. Grounds for such termination may include, but are not limited to, extended periods of activity or violation of the letter or spirit of these Terms.

Links to Third Party Sites

The Synthasite Toolset and Synthasite user web sites (including under Synthasite Subdomains) may contain links to third party web sites, including links to third party text, video feeds (podcasts), offers, and software applications (including widgets) (collectively referred to as "Linked Sites"). The Linked Sites and third parties are not under the control of and/or owned by Synthasite (Pty) Ltd and Synthasite (Pty) Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Synthasite (Pty) Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. Synthasite (Pty) Ltd is providing these links to you only as a convenience and has not reviewed and assumes no responsibility for the content, security, functionality, or practices of these third parties. The inclusion of any link does not imply endorsement by Synthasite (Pty) Ltd of the site or any association with its operators. You acknowledge and agree that Synthasite may disable your use of or remove any third party linked sites on Synthasite or a Synthasite Subdomain to the extent that they violate these Terms.
Similarly, the Synthasite Toolset may rely on external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of the Synthasite Toolset dependent on the external component; or the Synthasite Toolset may be completely dependent on the external component for operation. In any case, Synthasite (Pty) Ltd makes no warranties, claims, or provision for any third party components.
You are responsible for making any and all appropriate licensing arrangements with any third party external component providers that are represented on your Synthasite Subdomain.

User Conduct

You agree that you are responsible for your own use of the Synthasite Toolset, for any posts you make and for any consequences thereof. You agree that you will use the Synthasite Toolset in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
As a condition of your use of the Synthasite Toolset, you warrant to Synthasite that you will not use the Synthasite Toolset for any purpose that is unlawful or prohibited by these Terms. You may not use the Synthasite Toolset in any manner that could damage, disable, overburden, or impair the Synthasite Toolset or interfere with any other party's use and enjoyment of the Synthasite Toolset. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Synthasite Toolset.
The Synthasite Toolset may contain bulletin board services, chat areas, news groups, forums, communities, personal and commercial web pages, calendars, podcasts, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are appropriate and related to the particular Communication Service and in accordance with the Synthasite Content Policy.
Much of the Communication Services found on the Synthasite Web Site is provided by, and is the responsibility of, the person or people who made the postings. SynthaSite, Inc. does not monitor the Communication Services and takes no responsibility for such content (including, without limitation, any viruses or other disabling features). SynthaSite, Inc. merely provides access to such content as a service to its customers. SynthaSite, Inc. does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications posted via the Synthasite Toolset or endorse any opinions expressed via the Synthasite Toolset. You acknowledge that any reliance on material posted via the Service will be at your own risk.
SynthaSite, Inc. reserves the right at all times to to review materials posted to a Communication Service and to remove or refuse to distribute any materials that in its sole discretion violate these Terms. SynthaSite, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SynthaSite, Inc. reserves the right at all times to disclose any information as necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of SynthaSite, Inc., its users and the public.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SynthaSite, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, SynthaSite, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SynthaSite, Inc. spokespersons, and their views do not necessarily reflect those of SynthaSite, Inc..

Content Policy

The Synthasite Toolset is a free service for communication, self-expression, commercial expression, and freedom of speech. Synthasite respects your rights and does not wish to censor content. However in order to allow the continued posting of a wide variety of content, Synthasite must ensure that certain types of content are not hosted by Synthasite and/or created using the Synthasite Toolset.
The following content may not be created by and/or published and/or communicated and/or hosted using the Synthasite Toolset:

- You may not upload, publish, post, distribute or disseminate any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
- You may not upload, publish, post, distribute or disseminate any content that is otherwise deemed as pornographic and/or obscene by Synthasite. This includes but is not limited to commercial pornography, paedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. Synthasite will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies. Users who wish to create sites containing adult content materials otherwise deemed legal and with full consent of all participating adults may use the Synthasite Toolset for creation of such web pages but may not use Synthasite and/or the Synthasite Subdomains for hosting and/or distributing and/or publishing the materials.
- You may not upload, publish, post, distribute or disseminate any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
- You may not upload, publish, post, distribute or disseminate any material that constitutes a direct threat of violence against any person or group of people.
- You may not upload, publish, post, distribute or disseminate any material that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
- You may not upload, publish, post, distribute or disseminate any third party files and or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents.
- You may not knowingly violate the intellectual property rights of a third party in any Synthasite Subdomain chosen by you.
- You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- You may not use the Synthasite Toolset for the transmission of spam and/or any type of viral marketing and/or phishing scheme.
- You may not advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- You may not upload, publish, post, distribute or disseminate, conduct and/or forward surveys, contests, pyramid schemes or chain letters.
- You may not download, upload, publish, post, distribute or disseminate any file posted by another user of the Synthasite Toolset and Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content contained in a file that is uploaded, downloaded, published, posted, distributed or disseminated using the Synthasite Toolset.
- You may not use the Synthasite Toolset to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
- You may not upload, publish, post, distribute or disseminate any material that is used for unlawful purposes or for the promotion of dangerous and illegal activities.

Violation of any part of the Content Policy may lead to immediate termination or your account and/or deletion of your Content and/or you may be reported to the appropriate authorities with or without notice to you.

Use and Storage

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. SynthaSite, Inc. retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations.
You agree that SynthaSite, Inc. has no responsibility or liability for the deletion of or the failure to store or to transmit any Content or Communication Service maintained by SynthaSite, Inc. and/or its agents and affiliates.

Privacy

SynthaSite, Inc. reserves the right to monitor the use of it's servers and related content within user accounts, whether published or unpublished, in the interests of security. SynthaSite, Inc. will not disclose this information to anyone outside the company, unless legally compelled to.
As a condition of using the Synthasite Toolset and/or the Synthasite Web Site, you agree to the terms of the Synthasite Privacy Policy (http://www.synthasite.com/home/privacy), which may be updated from time to time. You agree that SynthaSite, Inc. may access or disclose your personal information, including materials uploaded to a Communication Service, if SynthaSite, Inc. is required to do so in order to comply with any valid legal process or governmental request or as otherwise provided in these Terms.
By using the Synthasite Toolset and/or the Synthasite Web Site, you consent to any transfer of personal information, collected by SynthaSite, Inc., outside your country for the purposes of storing the information where SynthaSite, Inc. and/or its agents maintain their facilities.

Materials Provided To SynthaSite, Inc. or Posted On Any Synthasite Toolset Web Site
SynthaSite, Inc. does not claim ownership of the materials you provide to SynthaSite, Inc. (including feedback and suggestions) or post, upload, input or submit to any Synthasite Toolset or its associated services (collectively "Submissions"). By posting, uploading, inputting, providing or submitting your Submission you are granting SynthaSite, Inc., its affiliated companies and necessary sublicensees a worldwide, non-exclusive, royalty-free license to reproduce, publish, and distribute such Submissions, including your name, on the Synthasite Web Site and/or Synthasite Subdomains for the purpose of displaying and distributing SynthaSite, Inc.'s services.
You are responsible for protecting and enforcing your rights in and to any Submissions.
No compensation will be paid with respect to the use of your Submission, as provided herein. SynthaSite, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SynthaSite, Inc.'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control and understand all of the rights to your Submission as described in this section including, without limitation, all the rights and/or authorization necessary for you to provide, post, upload, input or submit the Submissions.

Intellectual Property Rights: SynthaSite, Inc.

You acknowledge that SynthaSite, Inc. owns all right, title, and interest in and to the Synthasite Toolset and/or any content on the website not posted by a Synthasite User and/or an acknowledged third party, including all intellectual property rights (the �"Synthasite IP"). Synthasite IP is protected by South African and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Synthasite Web Site or Synthasite IP. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Synthasite Web Site or Synthasite IP.

Indemnification

You agree to hold harmless and indemnify SynthaSite, Inc. and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the Synthasite Toolset and/or Synthasite Web Site, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Limited Warranty

SynthaSite, Inc. does not warrant that the functions contained in the Synthasite Toolset will meet your requirements or that the operation of the Synthasite Toolset will be uninterrupted or error free.
THE SYNTHASITE TOOLSET IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SynthaSite, Inc., ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SYNTHASITE TOOLSET MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SynthaSite, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYNTHASITE TOOLSETWEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SYNTHASITE TOOLSET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SynthaSite, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYNTHASITE TOOLSET FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SynthaSite, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SynthaSite, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYNTHASITE TOOLSET WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SYNTHASITE TOOLSET WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYNTHASITE TOOLSET WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SYNTHASITE TOOLSET, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SynthaSite, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYNTHASITE TOOLSET, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYNTHASITE TOOLSET.

SERVICE CONTACT

contact@synthasite.com

Termination/Access Restriction

SynthaSite, Inc. reserves the right, in its sole discretion, to terminate your access to the Synthasite Toolset and the related services or any portion thereof at any time without notice.

Governing Law & Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the laws of South Africa and you hereby consent to South Africa being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Synthasite Toolset. Use of the Synthasite Toolset is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SynthaSite, Inc. as a result of this agreement or use of the Synthasite Toolset.
Synthasite's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SynthaSite, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Synthasite Toolset or information provided to or gathered by SynthaSite, Inc. with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SynthaSite, Inc. with respect to the Synthasite Toolset and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SynthaSite, Inc. with respect to the Synthasite Toolset.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright

All contents of the Synthasite Toolset are: Copyright 2001-2007 SynthaSite, Inc.. and/or its suppliers. All rights reserved.

Trademark

Any use of SynthaSite, Inc.'s trade names, trademarks, service marks, logos, domain names, subdomains, and other distinctive brand features ("Synthasite Marks") must be in compliance with these Terms. You are granted no rights in and to the Synthasite Marks without obtaining prior written authorization from SynthaSite, Inc.
Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be sent to contact@synthasite.com.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.