PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM. Your use of the RED PALADIN Virtual Desktop Hosting, (RED PALADIN) platform (the Platform) is expressly conditioned on your acceptance of the following terms and conditions. By using the Platform, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Platform."

1. OWNERSHIP. Except for items in the public domain, the information and all other materials comprising the Platform (collectively, the Materials), are wholly owned by (or licensed to) RED PALADIN and/or its content providers. The Platform contains copyrighted material, trademarks, and other proprietary information. RED PALADIN owns a copyright in the selection, coordination and arrangement of the Platform. Nothing contained on this Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of RED PALADIN  or such other party that may own the Materials.

2. USE OF PLATFORM. Except for your non-commercial personal use, the Platform may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Platform and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other platform or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

By uploading or otherwise submitting a file or other information (Contribution) to the Platform, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to RED PALADIN  a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.

3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use the Platform and to create binding legal obligations for any liability you may incur as a result of the use of the Platform. You understand that you are financially responsible for all uses of the Platform by you and those using your login information.

4. PRIVACY. You have read the RED PALADIN Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by RED PALADIN  and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the RED PALADIN  Privacy Policy.

"5. NO WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Platform is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through the Platform. RED PALADIN strives to ensure the accuracy of the information presented on the Platform, however due to various circumstances, including, but not limited to, delays caused by postal handling, upgrades and/or changes to RED PALADIN ‘s bill and payment processing system there may be variances between the information available on the Platform and your actual bill and payment information, energy usage history or other statistical data. For this reason, neither RED PALADIN  nor any of its affiliates, subsidiaries, business units, content providers can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of the Platform. THE PLATFORM AND THE CONTENT PROVIDED THEREON IS PROVIDED AS IS, AND NEITHER RED PALADIN  NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by RED PALADIN or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any warranty. Neither RED PALADIN  nor any of its content providers, agents, or the like warrants that access to, or use of, the Platform will be uninterrupted, virus free, or error-free, or that the Platform (including, without limitation, any content on the Platform) will meet any particular criteria of performance or quality. RED PALADIN , ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT RED PALADIN  KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE PLATFORM. FURTHERMORE, RED PALADIN , ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE PLATFORM."

6. LIMITATION OF LIABILITY. RED PALADIN  and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Platform, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if RED PALADIN  has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, RED PALADIN and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you. The provisions of this Section 6 and Section 5 above represent a reasonable allocation of the risks under this Agreement. RED PALADIN ‘s willingness to allow you to use the Platform reflects this allocation of risk and the limitations of liability specified herein.

7. INDEMNIFICATION. You agree to indemnify RED PALADIN and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Platform including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

8. LINKS. The Platform may contain links to platforms operated by parties other than RED PALADIN . Such links are provided for your reference only. RED PALADIN does not control such platforms and is not responsible for their contents. RED PALADIN makes no representation or warranty regarding any other platforms or the contents or materials on such platforms. The Platform’s inclusion of links to other platforms does not imply RED PALADIN ‘s endorsement of the material on the platforms or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

"9. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of New Jersey, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Middlesex County, the state of New Jersey, United States of America, in all questions and controversies arising out of your use of this Platform and this Agreement.

10. NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and RED PALADIN nor the trade practice shall modify any provision of these Terms and Conditions.

11. MODIFICATION. RED PALADIN may at any time modify these terms and conditions and your continued use of this Platform will be conditioned upon the terms and conditions in force at the time of your use.

12. ADDITIONAL TERMS. Additional terms and conditions may apply other portions of the Platform, and you agree to abide by such other terms and conditions.

13. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

14. INTELLECTUAL PROPERTY NOTICES. All content of the Platform belong to RED PALADIN and/or its suppliers. All rights reserved. Product and company names mentioned in the Platform are the trademarks of their respective owners.

15. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Platform.