Terms and Conditions

These Terms and Conditions (“Terms”) cover your (“User”) access to sqlhttp.net and its sub-domains (“Site”), and use of SQLHTTP™ Software and Service (“Software”) provided by SQLHTTP, LLC, a Nevada Limited Liability Company (“we”). Our Privacy Policy explains how we collect and use your information. By using the Software, you (“User”) agree to be bound by these Terms and Conditions.

Please read the Terms carefully. If you do not agree to these Terms, please do not access the Site or use the Software.

1. Acceptance of Terms

This Software is offered to you conditioned on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published by SQLHTTP, LLC, (collectively, the “Terms”). The following Terms govern your access to and use of the Software and our Services. Your use of the Software and our services constitutes your agreement to all such Terms. The website and Software are directed towards Users who are at least 18 years old. If you are less than 18 years of age, DO NOT use the Site or the Software. These Terms may be updated by us from time to time. These Terms and Conditions apply to all users of the Software.

2. Features of Software

The software is a collection of database objects embedded into a Microsoft SQL Server Database and consists of CLR Assemblies, Functions, Stored Procedures, Tables, Views and SQL Scripts. The Software allows its users to perform actions not readily available using Microsoft SQL Server as well actions not commonly associated with SQL Scripts such as the ability to consume data / send data over the Internet.

The Software accepts scripts that will be provided on our website, provided on other websites, and/or custom created by users. These scripts may have the capability to adversely affect the users’ machines as well as remote websites and services.

See additional detail on the Site for the exact actions that these Scripts perform.

3. Scope and License

Users may obtain the Software by executing an Installation/Upgrade Script provided on the Site. An Uninstall Script is also available on the website for a proper removal of the Software.

The Software requires an “Activation Key” that is unique to each SQL Server installation and workstation/server configuration. Some premium features are accessible only to users who obtain a valid “INET Subscription Key” and maintain a paid subscription in good standing, while other premium features are accessible only to users who obtain either an “FTP License Key” or an “IO License Key” by making a one-time payment.

The Software will regularly connect to our licensing server to validate registration and subscription.

SQLHTTP, LLC, also provides free, as well as paid, script development work and other IT services. Each license granted to you for use by SQLHTTP, LLC, is limited to a non-transferable, non-exclusive license to use the Software for various purposes. SQLHTTP, LLC, provides license to single users (which includes single Company) only. Users have to provide their name and e-mail id to obtain each license. Each license is specific to that user only and cannot be transferred. Some features of the Software will work only if validated by our licensing server on a regular basis.

You may not distribute or make the Software available over a network to third parties. You must not remove or alter any copyright notices on any and all copies of the Software. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You agree not to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software).

Any attempt to do so is a violation of the rights of SQLHTTP, LLC. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any add-ons/upgrades provided by SQLHTTP, LLC that replaces and/or supplements the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Any information supplied by SQLHTTP, LLC, or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein. Requests for information should be directed to SQLHTTP, LLC, Customer Support – support@sqlhttp.net.

All SQL Scripts created that utilize the Software will remain in the public domain. Our Software utilizes several third party code blocks that are available as open source projects. Please see my.sqlhttp.net/Credits for more information.

SQLHTTP, LLC, reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

You shall not share your Login Information, or let anyone else access your account as it may jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, whether or not authorized by you. SQLHTTP, LLC will not be responsible for any unauthorized activity in your Account.

4. Ownership and Copyright

SQLHTTP, LLC, Company registered in Nevada, USA, owns all right, title, and interest in and to the SQLHTTP Software, except where otherwise noted. Please see my.sqlhttp.net/Credits for more information. The Software is licensed, but not sold. All intellectual property in the Software and its content belong to SQLHTTP, LLC, or its Licensors. Users should adhere to the related Terms and Conditions. The structure, organization, and code of the Software are the valuable trade secrets and confidential information owned by SQLHTTP, LLC. The Software is protected by copyright and other intellectual property laws and treaties, including, without limitation, the copyright laws of USA, International Treaty provisions and applicable laws in the country in which it is being used. All rights not expressly granted herein are reserved by SQLHTTP, LLC.

5. Changes

SQLHTTP, LLC, reserve the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site. User’s continued use of the Software/Service after the posting of the amended Terms on the Site constitutes User’s affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that SQLHTTP, LLC, shall not be liable to User or any third party in the event that SQLHTTP, LLC, exercises its right to modify or discontinue all or part of the Service. You can view the most recent version of these Terms at any time here.

6. Registration & Subscription

In order to use the Software, Users are required to register and obtain a free activation key (“Activation Key”) for a single copy of the database application on a single server or workstation. In addition, Users may also subscribe to a recurring paid service in order to obtain and use an “INET Subscription Key” that unlocks some of the premium features of the database application to be used on a single server or workstation; Other premium features require a purchase of either an “FTP License Key” or an “IO License Key” to be used on a single server or workstation. By electing to use the Software, you confirm that the information provided by you is true, accurate, current, and complete information about yourself (such information being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and you may not be able to access all current or future use of the Software Services.

You agree to notify SQLHTTP, LLC, immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account by any third party.

7. Privacy Policy

We respect your privacy and the use and protection of your Personal Information. SQLHTTP, LLC, collects certain personal information when you register with us. Such information and data collected by us about Users will be treated as confidential and protected and will not be disclosed to any third party except the service providers of SQLHTTP, LLC, who are restricted from disclosing or using such information for their own purposes.

8. Confidentiality

SQLHTTP, LLC, will not monitor, edit, disclose, sell, rent, license, exchange, or release any of your personally identifiable information without your explicit consent unless SQLHTTP, LLC, has reason to believe that disclosing this information is necessary: (a) to conform to the edicts of law or comply with legal process served on SQLHTTP, LLC; (b) to prevent injury to or interference with (either intentionally or unintentionally) SQLHTTP, LLC, rights or property, other SQLHTTP, LLC, users, or anyone else that could be harmed by such activities; or (c) to act under exigent circumstances to protect the personal safety of the users or the public. If SQLHTTP, LLC, transfers assets or has any change in control, user information may be transferred to the entity that acquires such assets or control of SQLHTTP, LLC.

9. Links

We may provide links to third-party websites on our website for your convenience to access information from those sites. This does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content. We are not responsible for the practices employed by websites linked to or from the website, nor the information or content contained therein. These sites may collect information about you. Please remember that when you use a link to go from our site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Since we do not control the information policies or practices of these third parties, you should review their privacy policies to learn more about how they collect and use personally identifiable information, before you use those sites. We are not responsible for the privacy policies or practices of third party websites.

10. User Conduct/Lawful Use

User agrees that use of the Software is subject to all applicable International, National, Federal, state, and local laws and regulations. The User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use the Software for lawful purposes only.

You agree:

a. not to use the Software for illegal purposes;

b. not to interfere or disrupt networks connected to sqlhttp.net;

c. Not to introduce malicious code or scripts;

d. to comply with all regulations, policies and procedures of networks connected to sqlhttp.net;

e. not to resell or transfer your access to the Software to any third party;

f. to act responsibly, treat other Software Users with respect and not violate their rights;

g. not to modify, adapt, sublicense, translate, sell, reproduce, make unauthorized commercial use, distribute copies or publicly display any portion of the Software content except as permitted under this Terms of Service;

h. not to solicit personal information from anyone;

i. not to solicit personal information from any one under the age of 18;

j. not to post any material that we deem to be junk or spam;

k. not to manipulate SQLHTTP, LLC, systems or assist anyone in misusing Software in any way;

l. not to harass or threaten any other users, nor post or submit any abusive, threatening, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of any third party, or impersonate any other person;

m. not to use SQLHTTP to provide “SQLHTTP Hosting” services – you may not provide SQLHTTP software functionality to third parties. Each third party requires its own SQLHTTP copy and appropriate licenses.

n. to comply with all applicable laws, rules, regulations and policies and to obtain any governmental approvals, permits or licenses required to perform your obligations under this Agreement;

o. to comply with the United States Foreign Corrupt Practices Act.

SQLHTTP, LLC, assumes no responsibility for the conduct of any user and assumes no responsibility for monitoring the use of the Software for inappropriate conduct. We do not monitor any User activity. Your use of the Software is at your own risk.

11. Disclaimer

CODE/SQL ON THESE PAGES ARE PROVIDED AS-IS AND ARE AVAILABLE FOR FOR ILLUSTRATIVE PURPOSES ONLY.

USERS ARE REQUIRED TO ABIDE BY THE TERMS AND CONDITIONS FOR USING REFERENCED THIRD PARTY WEBSITES AND/OR APIs FROM THEIR RESPECTIVE WEBSITES. WE DO NOT CONDONE ANY VIOLATION OF THIRD PARTY WEBSITES AND/OR APIs TERMS AND CONDITIONS USING OUR SOFTWARE.

USERS SHALL BE SOLELY RESPONSIBLE AND BE SOLELY LIABLE FOR VIOLATION OF ANY RULES SPECIFIED BY THIRD PARTIES FOR USING THEIR WEBSITES AND/OR APIs, OR INFRINGEMENT OF RIGHTS OF SUCH THIRD PARTIES.

12. Fees and Payments

Monthly, quarterly and annual subscriptions are available in order to obtain and maintain an “INET Subscription Key.” You agree to pay all subscription by the due date. SQLHTTP, LLC, may revise the subscription at any time. Unless otherwise stated, all subscriptions will not be refundable. Non-payment of an active subscription will automatically render the associated “INET Subscription Key” invalid and result in the suspension of the Software’s related premium features that are associated with said “INET Subscription Key.”

13. Warranty Disclaimer

Services “AS IS”

TO THE FULLEST EXTENT PERMITTED BY LAW, SQLHTTP, LLC, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT SQLHTTP SOFTWARE SERVICES. THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SQLHTTP, LLC, IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM OR OTHER INTERACTIVE AREA, EVEN IF SQLHTTP, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SQLHTTP, LLC, further does not warrant that its service will be secure, error-free or uninterrupted; available at all locations and at all times; the information, links or other items contained within these content will be accurate and complete. SQLHTTP, LLC, may update the Software from time to time, with or without notice to you.

No oral advice or written information given by SQLHTTP, LLC, its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.

14. Limitation of Liability

As a condition of use of the Software, and in consideration of the services provided by SQLHTTP, LLC, User agrees that neither SQLHTTP, LLC, nor any officer, affiliate, director, shareholder, agent, contractor or employee of SQLHTTP, LLC, will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of the Software, its Service, or Site Content.

SQLHTTP, LLC, shall not be liable if the software is not able to verify your license due to the inability to connect to the licensing sever for any reason including any issue with the licensing server.

SQLHTTP, LLC, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SITE/SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SQLHTTP.NET, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SQLHTTP.NET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SQLHTTP, LLC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SQLHTTP, LLC, HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO SQLHTTP, LLC, IF ANY, FOR THE PAST 6 MONTHS.

SQLHTTP, LLC, SHALL NOT BE LIABLE FOR BUGS, BAD SCRIPTS OR MISUSE OF THE SOFTWARE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that SQLHTTP, LLC may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of SQLHTTP, LLC’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF SQLHTTP, LLC.

15. Indemnification

You agree to indemnify and hold SQLHTTP, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable Lawyers’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Software, your use of the Software, your connection to the Software, your intentional or negligent violations of any applicable laws or governmental regulation, your contractual relation with a third party, or your violation of any rights including but not limited to rights relating to patent or copyright of another.

16. Retention

We retain information related to activation and premium features keys for as long as we need it to provide you the Services. If you delete your account, we will also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our Agreements.

17. Intellectual Property

These Terms do not transfer any right, title, or interest in the Software, Service or sqlhttp.net Site Content to User. Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Software to the extent you have the right to access the service. Your right to use the Software and access the service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) rent, lease, or sublicense the Software; or (b) circumvent or disable any security or technological features or measures in the Software.

When you post Public Content/Feedback, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.

While using the Software, you may not use any metatags or other “hidden text” utilizing the Software name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by SQLHTTP, LLC.

SQLHTTP, LLC, reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Software or violation of the Terms and Conditions.

Microsoft, and SQL Server are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

18. Termination

You may terminate your Account at any time, for any reason or no reason, by sending an email to support@sqlhttp.net with the subject entitled “Termination.”

The license granted by SQLHTTP, LLC, shall automatically terminate on expiry of subscription period. Without prejudice to any other rights, we reserve the right to suspend or terminate this License, or discontinue the Services or any part of them at any time, including any features, without notice if you fail to comply with the terms and conditions of this license. We may also terminate the services if you use the Software in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Software. We will of course provide you with notice via the email address associated with your account before we do so. On termination, you will not be able to access the Software.

Upon the termination, no refund will be made of any amounts previously paid to SQLHTTP, LLC. Upon termination of your account for any reason, you agree to no longer access (or attempt to access) sqlhttp.net Site, Software or the Services.

19. General Terms

This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications regarding the subject matter hereof. SQLHTTP, LLC’s failure to enforce a provision at any time is not a waiver of its right to do so later. If a provision is found unenforceable, such provision shall be severed from this Agreement and the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. SQLHTTP, LLC, may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest, to continue the Services. Provisions under Sections 11, 12, 13, 15 and any other provisions which, by its nature, is intended to survive, shall remain in effect following termination or expiration of this Agreement.

20. Ability to Accept Terms and Conditions

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with the Terms and Conditions herein.

21. Notices

Any notice required to be given under this Agreement shall be in writing and through email. Either party may change its email address to which notice is to be sent, by written notice to the other under provision of this paragraph.

22. Equitable Remedies

You acknowledge that any breach of this agreement by you could cause injury to SQLHTTP, LLC, and that monetary damages would not be an adequate remedy. In the event of a breach or threatened breach, SQLHTTP, LLC, shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or Software.

23. Force Majeure

SQLHTTP, LLC, shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SQLHTTP, LLC, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SQLHTTP, LLC’s control such as usage interruptions when the software is unable to reach SQLHTTP LLC’s licensing server or the licensing server cannot be accessed for any reason, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

24. Export Control Laws

The Services and Software may be subject to export control restrictions of the United States or other jurisdictions. By using the Services or Software, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. The assurances and commitments in this Section shall survive termination of these Terms.

25. Governing Law

These Terms shall be governed by and construed in accordance with laws of the state of Nevada, USA, without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction of the courts located in Nevada, USA.

26. Dispute Resolution

In case of any dispute, you agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Dallas, Texas, USA, and in accordance with the provisions of American Arbitration Association Act. The prevailing party shall be entitled to all the Arbitration expenses/costs including attorney fees, which shall be paid by the other party within one week of issue of the Arbitral award.