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Free 50!Private “Twitter-like” microblogging for co-workers!

A free, hosted Socialtext account for up to 50 people from your company. It is private between co-workers. You and your colleagues get private, “Twitter‑like” microblogging, social networking, and a shared wiki workspace. And you each get your own personal home page. If a free microblogging account already exists for your company, you will be added to it. If not, one will be created.

Terms of Use

These terms of use explain the rules of using this online service at http://www.socialtext.com/products/free50.php (“Site”) provided by Socialtext Inc. (“Socialtext”, “We” or “Us”) on behalf of your employer (“Network Host Company:”). By accessing or using this online service (“Service”), you agree that you have read, understood and agree to be bound by these terms of use (“Agreement”). We may amend this Agreement at any time for future use of the Service. If we amend this Agreement, we will post the changed Agreement on this Site with a change notice. Your continued use of the Services after posting of such changes indicates your acceptance of the changed Agreement. If you do not agree to the changes to the Agreement you should not use or access the Service. This Agreement will bind all users of the Service (“Users”).

Use of The Service

This Service provides a place where individuals can communicate with others in the Network Host Company (each, a “Network”). The Service includes use of Socialtext Workspace, Socialtext Signals, Socialtext People, Socialtext Dashboard and Socialtext Workspace, all as described on this Site and in this Agreement. Each Network will only have one Socialtext Workspace and each Network is limited to fifty (50) Users. Networks shall have one or more individuals who are responsible for overseeing the use of, and monitoring the content posted to, such Network by Users, as appointed by the Network Host Company (the “Network Administrator”).

Socialtext grants you a non-exclusive license to use the Service as set forth in this Agreement as long as (i) you will not copy or distribute any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement. You will need to register with Socialtext and create a “Member” account. Your account gives you access to the Service.

Network Administrators have certain administrative and managerial powers over their applicable Network and Users on the Site, including, without limitation, the ability to remove Users (and thus prohibit Users from using the Services), edit posts, remove content, add Users, and add Users who have other email domain addresses that are different from the original corporate email domain the Network was originally formed under. The Network Administrator is solely responsible to delete users who no longer are employed with the Network Host Company. Executive officers of the Network Host Company may request that Socialtext shut-down a Network and the Users’ access to the Service at any time.

Restrictions

You represent that you are, and will, abide by all rules of your Network in using the Service which may include rules imposed by the Network Host Company that have been provided to you by Network Host Company in addition to this Agreement (this “Agreement” and such network rules are the “Network Rules”). Socialtext will reasonably work with Network Administrators and executive officers of the Network Host Company to enforce such Network Rules.

When creating your account, you must provide accurate and complete information. You are responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Socialtext and your Network Administrator immediately of any breach of security or unauthorized use of your account. Although Socialtext will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Socialtext, Network Host Company or others due to such unauthorized use. 



Socialtext or the Network Administrator may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Socialtext’s or the Network Administrator’s sole determination, you violate the Network Rules.

Socialtext may change the Service and may elect to cease providing the Service at any time.

Submissions

The Service allows Users to post feedback, comments, questions, data, and other information (“Submissions”). You are responsible for your Submissions that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service. You assign all intellectual property rights in the Submissions to the Network Host Company and acknowledge and agree that the Submissions are the property of the Network Host Company. You and the Network Host Company grant Socialtext a license to use, display, distribute and exploit your Submissions solely to run the Network; provided, that Socialtext will use such Submissions as provided herein or in our Privacy Policy or as may be required by law. Users may delete their own Submissions from the Network, so long as they are a User of that Network. Network Administrators may delete the Submissions of one or more Users in their Network.

You represent and warrant that: (i) prior to assignment to the Network Host Company, you owned all intellectual property rights in all of the Submissions posted by you on or through this Site, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the Service, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Harvest any personally identifiable information.

This list of prohibitions provides examples and is not complete or exclusive. Socialtext and the Network Administrator reserve the right to (a) terminate your access to your account, your ability to post to this Site (or the Service) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason, or for any action that Socialtext or the Network Administrator determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Service. Socialtext or Network Administrator may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Socialtext’s or Network Hosting Company’s discretion, Socialtext and/or Network Hosting Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Intellectual Property Rights

Except for your Submissions, the Site, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Socialtext Content”), and all intellectual property rights related thereto, are the exclusive property of Socialtext and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Socialtext Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

Eligibility

This Service is intended solely for Users who are 18 years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement and Socialtext and the Network Administrator may terminate your access to the Network, the Service and the Site.

From time to time, Users may be asked to confirm their account on the Network via an email message containing a hyperlink to the User’s Network email address. If such account is not reconfirmed, the account is removed. Once a User is removed from a Network, the content of that User remains on the Network and is the sole property of the applicable Network Host Company.

Privacy

Your use of this Site is governed by the Socialtext Privacy Policy, which is available at [insert URL here] (the “Privacy Policy”).

Third-Party Websites, Advertisers or Services


This Site may be linked to other sites that are not Socialtext sites. Socialtext is providing these links to you only as a convenience, and Socialtext is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Indemnity

You agree to defend, indemnify and hold harmless Socialtext and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Submissions or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SOCIALTEXT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Socialtext is not required to provide any support or maintenance with respect to the Service; although you may purchase support from the Socialtext Exchange separately.

Limitation of Liability

SOCIALTEXT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL SOCIALTEXT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SOCIALTEXT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

The Service is controlled and operated from its facilities in the United States. Socialtext makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

General

California state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this Agreement. Any disputes relating to this Agreement, the Service or this Site will be heard in the courts located in California state. If any of this Agreement is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Socialtext’s failure to enforce any of this Agreement is not a waiver of such term. The Network Rules is the entire agreement between you, Network Host Company and Socialtext and supersede all prior or contemporaneous negotiations, discussions or agreements between you, Network Host Company and Socialtext about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.

Amendment to Socialtext Inc.’s Terms of Use Applicable to Governmental Users/Members

This Amendment, agreed to by both parties, applies to use of the Site and Services by a governmental agency/department when serving a role similar to that of a Network Host Company ("Agency" or "You").

As a United States Government entity, Agency is required, when entering into agreements with other parties, to follow applicable federal laws and regulations, including those related to ethics; privacy and security; accessibility; limitations on indemnification; fiscal law constraints; advertising and endorsements; freedom of information; and governing law and dispute resolution forum. Socialtext, Inc. (“Socialtext”, “Us” or “We”) and Agency (together, the “Parties”) agree that modifications to Socialtext’s standard Terms of Use, available at http://www.socialtext.com/products/free50_terms.php (the “TOU”) are appropriate to accommodate Agency’s legal status, its public (in contrast to private) mission, and other special circumstances. Accordingly, the TOU are hereby modified by this Amendment as they pertain to the Agency's use of the Services. Defined terms used but not defined in this Amendment are as defined in the Terms of Use.

  1. Government entity: "You" and "Network Host Company" within the TOU shall mean the Agency itself and shall not apply to, or bind (i) the individual(s) who utilize the Site or Services on the Agency’s behalf, or (ii) any individual users who happen to be employed by, or otherwise associated with, the Agency.
  2. Public purpose: Any requirement(s) set forth within the TOU that use of the Site and Services be for private, personal and/or non-commercial purposes is hereby waived.
  3. Agency content serving the public: Socialtext hereby approves of Agency’s distribution or other publication via the Network of materials which may contain or constitute promotions, advertisements or solicitations for goods or services, so long as the material relates to the Agency’s mission.
  4. Advertisements: Socialtext hereby agrees not to serve or display any third party commercial advertisements or solicitations on any pages within the Network displaying content created by or under the control of the Agency. This exclusion shall not extend to house ads, which Socialtext may serve on such pages in a non-intrusive manner.
  5. Indemnification: All indemnification and damages provisions of the TOU are hereby waived. Liability of Agency for any breach of the TOU or this Amendment, or any claim arising from the TOU or this Amendment, shall be determined under the Federal Tort Claims Act, or other governing authority. Liability of Socialtext for any breach of the TOU or this Amendment, or any claim arising from the TOU or this Amendment, shall be determined by applicable federal law.
  6. Governing law: The TOU and this Amendment shall be governed, interpreted and enforced in accordance with the federal laws of the United State of America. To the extent permitted by federal law, the laws of the State of California will apply in the absence of federal law.
  7. Changes to standard TOU: Language in the standard TOU reserving to Socialtext the right to change the TOU without notice at any time is hereby amended to grant Agency at least three (3) days advance notice of any material change to the TOU. Socialtext shall send this notice to the email address Agency designates at the time it signs up for the Service, and Agency shall notify Socialtext of any change in the notification email address during the life of the TOU and this Amendment.
  8. Access and use: Socialtext acknowledges that the Agency’s use of the Site and the Services may energize significant citizen engagement. Language in the TOU allowing Socialtext to terminate service, or close the Agency’s account, at any time, for any reason, is modified to reflect the Parties' agreement that Socialtext may unilaterally terminate service and/or terminate Agency’s account only for breach of Agency’s obligations under the TOU or its material failure to comply with the instructions and guidelines posted on the Site, or if Socialtext ceases to operate its Site or Services generally. Socialtext will provide Agency with a reasonable opportunity to cure any breach or failure on Agency’s part.
  9. Provision on crawlers: To the extent there are provisions in the TOU prohibiting “crawl” or “spider” processes, such provisions are amended to allow the Agency to apply such tools solely to its Network and solely to fulfill Agency’s obligations under the Federal Records Act or other applicable federal law or regulation.
  10. Ownership of names: To the extent that are any provision(s) in the TOU related to Socialtext’s ownership of and right to change Agency’s selected user name(s), user ID(s), domain name(s), channel name(s), and group name(s), such provisions are modified to reasonably accommodate Agency’s proprietary, practical, and/or operational interest in its own publicly-recognized name and the names of Agency programs.
  11. Modifications of user content: Socialtext agrees that to the extent there are rights reserved in the TOU to “modify” or “adapt” Agency Submissions, such rights are limited to the technical actions necessary to index, format and display those Submissions. The right to modify or adapt does not include the right to substantively edit or otherwise alter the meaning of the Submission. Notwithstanding the foregoing, nothing in this Amendment shall result in an expansion of Agency’s rights as a United States Government entity under the Copyright Act of 1976 (17 U.S.C. §§101 et sec.), specifically including Section 105 of the Act.
  12. Limitation of liability: The Parties agree that nothing in the Limitation of Liability clause or elsewhere in the TOU in any way grants Socialtext a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law.
  13. Uploading, deleting: The Parties understand and agree that the Agency is not obligated to place any Submissions on the Site, and Agency reserves the right to remove any and all Submissions at Agency’s sole discretion.
  14. No endorsement: Socialtext agrees that Agency’s seals, trademarks, logos, service marks, trade names, and the fact that Agency has a presence on the Site and use its Services, shall not be used by Socialtext in such a manner as to state or imply that Socialtext’s products or services are endorsed, sponsored or recommended by Agency or by any other element of the Federal Government, or are considered by these entities to be superior to any other products or services. Except for pages whose design and content is under the control of the Agency, or for links to or promotion of such pages, Socialtext agrees not to display any Agency or government seals or logos on Socialtext’s homepage or elsewhere on the Socialtext website, unless permission to do has been granted by the Agency or by other relevant federal government authority. Socialtext may list the Agency’s name in a publicly available customer list so long as the name is not displayed in a more prominent fashion than that of any other third party name.
  15. No business relationship created: The Parties are independent entities and nothing in this Amendment or TOU creates an agency, partnership, joint venture, or employer/employee relationship.
  16. No cost agreement: Nothing in this Amendment or TOU obligates Agency to expend appropriations or incur financial obligations. The Parties acknowledge and agree that none of the obligations arising from this Amendment or TOU are contingent upon the payment of fees by one party to the other.
  17. Provision of data: In case of termination of the Services, within 30 days of such termination Socialtext will provide Agency with all user-generated content that is publicly visible through the Network. Data will be provided in a commonly used file or database format as Socialtext deems appropriate. Socialtext will not provide data if doing so would violate its privacy policy, available at http://www.socialtext.com/about/privacy.php.
  18. Separate future action for fee based services: Socialtext provides Services at a basic level free of charge to the public, but this may change in the future. Agency acknowledges that while Socialtext will provide Agency with some services and features for free, Socialtext reserves the right to begin charging for those services and features at some point in the future. Socialtext will provide Agency with at least 30 days advance notice of a change involving the charging of fees for the basic level of service. Agency also understands that Socialtext may currently offer other premium and enterprise services for a fee. The Parties understand that fee-based services are categorically different than free products, and are subject to federal procurement rules and processes. Before Agency decides to enter into a premium or enterprise subscription, or any other fee-based service that this Socialtext or alternative providers may offer now or in the future, Agency agrees to determine whether it has a need for those additional services for a fee, to consider the subscription’s value in comparison with comparable services available elsewhere, to determine that funds are available for payment, to properly use the Government Purchase Card if that Card is used as the payment method, to review any then applicable TOU for conformance to federal procurement law, and in all other respects to follow applicable federal acquisition laws, regulations, and agency guidelines when initiating that separate action.
  19. Assignment: Neither Party may assign its obligations under this Amendment or TOU to any third party without prior written consent of the other.
  20. Precedence; Further Amendment; Termination: This Amendment constitutes an amendment to the TOU; language in the TOU indicating it alone is the entire agreement between the Parties is waived with respect to this Amendment. If there is any conflict between this Amendment and the TOU, or between this Amendment and other rules or policies on the Site or Services, this Amendment shall prevail. This Amendment may be further amended only upon written agreement executed by both Parties. The Agency may close its account and terminate the TOU and this Amendment at any time. Socialtext may close Agency’s account and terminate this agreement on 30 days written notice.
  21. Posting and availability of this Amendment: The provision of the TOU requiring modifications to the TOU to be posted on Site is inapplicable since this Amendment is of limited, not general, application, and is otherwise waived for this special circumstance. The Parties agree this Amendment contains no confidential or proprietary information, and Agency may release it to the public upon request and to other agencies interested in using the Site and the Services.

Additional Items for Discussion and Possible Inclusion in this Agreement: Socialtext understands current federal law, regulation and policy may affect Agency’s use of the Socialtext products and services in ways not addressed in the list of clauses above. Much depends on the nature of the products and services offered by Socialtext (which may change from time to time), and how Agency intends to use those services (which also may change). The following are among the topics Agency may need to discuss with Socialtext. Discussion of these items may lead to the insertion of additional clauses in this Amendment: Security, Privacy, Accessibility, Records Management (in addition to Clause Q on "Provision of Data").