ATCHOURS.COM // Keep Your Hours Organized // Terms of Use

	DO READ THE FOLLOWING TERMS AND CONDITIONS BEFORE REGISTERING AND USING THE ATCHOURS.COM SERVICE
	You have selected to register for use of the Wicked Penguin Corporation's ATCHours.com online record-keeping service (the "Service"). The Service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use ("Agreement").
	1. Description of Services 2. Conditions of Use 3. Registration Information/Credit Card Charges 4. Use of IP Addresses 5. Account and Password 6. Security of Stored Data and Files 7. Content of Stored Data and Files 8. Backups of your data 9. Disclaimer of Warranties 10. Limitations of Liability 11. Indemnification 12. Termination 13. Notices 14. Severability 15. Modifications to this Agreement 16. Miscellaneous
	1. Description of Services Subject to Wicked Penguin Corporation's acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, Wicked Penguin Corporation will provide You with the following service (the "Basic Service"): (a) Wicked Penguin Corporation will establish one (1) training hours tracking account in Your name on the ATCHours.com web site(the "Account"); (b) With the Basic Plan, Wicked Penguin Corporation will allow you to store and manipulate your training information on ATCHours.com, and (c) Wicked Penguin Corporation will allow You to retrieve the date from Your Account; and (d) In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. ATCHours.com provides an extensive range of services. It is possible that one or more of these services may not be available at certain times. Refer to the home page or your account overview page to get the current status on the services.

	2. Conditions of Use You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and the Public Folders and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; (v) any Windows temporary files of any kind (including, without limitation, any .p or ~.* files); or (vi) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.(g) not use sharing features in a way that amounts to 'publishing' and restrict the use of sharing features to share data between friends, colleagues and business partners, in a very limited sense. (h) ATCHours.com service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. ATCHours.com may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. ATCHours.com is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an Online record-keeping service. ATCHours.com is not responsible for any business interruptions that may be caused due to this process. Any link(s) provided through a web site or a mass email to download/upload files stored at ATCHours.com Accounts is completely unacceptable and would be considered as violation of terms as per the (g) clause mentioned above.

	3. Registration Information/Credit Card Charges You will promptly notify Wicked Penguin Corporation of any change in the information You provide on Your registration form during Your registration for the Service (including, without limitation, any change in Your mailing address, telephone numbers or email address). The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the "Registration Information." Wicked Penguin Corporation's policy regarding the privacy and use of the Registration Information is set forth in Wicked Penguin Corporation's privacy policy, as the same may be modified and amended by Wicked Penguin Corporation from time to time (the "Privacy Policy"). When You accept this Agreement, You acknowledge that You agree to the terms of the Privacy Policy. You authorize ATCHours.com to charge your credit card in exchange for use of the ATCHours.com service as indicated by published standard plans. ATCHours.com reserves the right to add, modify, or remove plans and service options at any time without prior notice. Existing accounts will grandfathered and subject to their original pricing. If You are on an existing plan, You will be subject to the pricing structure at the time of Your original account registration. Example: An individual registers for a lifetime membership account with a single one-time fee. If that same plan later moves to a monthly fee basis, the individual will not have to pay again, as they complied with the payment requirements in effect at the time of their registration. For lifetime membership accounts, a refund must be requested within 72 hours of Your initial account registration. For monthly plans, refunds are issued on a pro-rated basis. When yearly subscriptions are cancelled before the subscriptions end, refunds are issued based on a pro-rated calculation of the subscription charges at the monthly rate for the plan, for the actual number of days the account was subscribed (the number of days between the most recent yearly charges and the cancellation date). If the calculated refund amount exceeds the yearly subscription rate, then no refund is issued.

	4. Use of IP Addresses An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. ATCHours.com may collect IP addresses for the purposes of system administration, to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers, or others. Some services and Emails sent from ATCHours.com, such as registration related ones, may display IP addresses along with the message.

	5. Account and Password After You accept this Agreement and Your registration has been accepted by Wicked Penguin Corporation, your Account will be established. You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password. You will notify Wicked Penguin Corporation of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.

	6. Security of Stored Data and Files Wicked Penguin Corporation will endeavor to restrict access to the data and files You store or retrieve from Your Account to persons accessing such data and files through use of Your Account or Password. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, You hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files You store in Your Account. For maximum privacy and security, we recommend that you make regular backups of your data using the provided Excel or PDF backup tools within your ATCHours.com account options.

	7. Content of Stored Data and Files You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on Wicked Penguin Corporation's servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. Wicked Penguin Corporation normally does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if Wicked Penguin Corporation has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, Wicked Penguin Corporation reserves the right to examine the content of the record-keeping account. Wicked Penguin Corporation reserves the right to refuse, remove or disable access to any data or files stored on Wicked Penguin Corporation's servers with immediate effect that Wicked Penguin Corporation learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.

	8. Backups of your data ATCHours.com may maintain regular backups of data to recover from any software/hardware failures. In the event of a failure, ATCHours.com will restore the data to the most current viable backup available. However, the most important step for a reliable backup is at the user end; the user is expected to utilize the provided Excel and PDF backup tools periodically to create local backups of their information.

	9. Disclaimer of Warranties The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WICKED PENGUIN CORPORATION, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. WICKED PENGUIN CORPORATION MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

	10. Limitations of Liability IN NO EVENT SHALL WICKED PENGUIN CORPORATION OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.

	11. Indemnification You will defend, indemnify and hold Wicked Penguin Corporation, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the Wicked Penguin Corporation servers and (c) any violation of this Agreement by You.

	12. Termination Either you or Wicked Penguin Corporation may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 13 below. Further, if Wicked Penguin Corporation believes that You have violated Your obligations under this Agreement, Wicked Penguin Corporation may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files stored by You on Wicked Penguin Corporation's servers and/or terminate this Agreement. Wicked Penguin Corporation will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify Wicked Penguin Corporation of such termination. Upon any termination of this Agreement, Wicked Penguin Corporation will remove your stored data files from main storage and archives immediately. Paragraphs 7,8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.

	13. Notices Any notice under this Agreement given by Wicked Penguin Corporation to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information, or by a startup screen that starts before Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email id and update it if necessary to be able to receive Wicked Penguin Corporation's communication. Any notice under this Agreement given by You to Wicked Penguin Corporation will be deemed to be properly given if received by email sent to Wicked Penguin Corporation's Customer Service at support@ATCHours.com, except those that are related to cancellation or termination of the account. User is expected to login online at http://atchours.com/contact.cfm, fill out the contact form, and provide necessary information for cancellation. Sending an email to support@ATCHours.com for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of account by the user, or by Wicked Penguin Corporation due to various reasons including non-payment for the services, user data files will be removed immediately.

	14. Severability This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

	15. Modifications to this Agreement The terms and conditions of this Agreement may be changed by Wicked Penguin Corporation from time to time. Upon any such change, Wicked Penguin Corporation will notify You of such change in accordance with paragraph 13 above and post an updated version of this Agreement on the Wicked Penguin Corporation's ATCHours.com website located at http://www.ATCHours.com. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.

	16. Miscellaneous Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. Wicked Penguin Corporation's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in Escambia County, Florida, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.