Terms of Use

Last updated on February 18th, 2010

Acobay.com (“Acobay”) is a site that allows its Members to sell or buy website test reports (Reports) online. The services offered by Acobay include any features offered from time to time by Acobay in connection with Acobay’s business (“Services”).

By using Acobay, you ("User") agree to be bound by this Agreement, whether you are a visitor browsing the Acobay site or a member registered with Acobay. You are only authorized to use the Acobay Services if you agree to abide by this Agreement during the registration process. Feel free to leave Acobay if you disagree. Acobay may modify this Agreement from time to time. Your continued use of the Acobay after Acobay revised Agreement signifies your acceptance of the revised Agreement.

1. Eligibility. You represent and warrant that all registration information is truthful and accurate. You must be 18 years or older to use the site. If you do not comply with these terms, Acobay has the unconditional right to refuse, terminate or suspend your access to or cancel your membership with Acobay at any time.

2. Account Security. You are entirely responsible for maintaining the confidentiality of your password, as well as for any and all use of your account.

3. Termination. This Agreement and any revision shall remain in full force while you use the site or are a Member of Acobay. You may terminate your Membership at any time. However, your membership at Acobay is decided according to our sole discretion. Acobay may restrict any IP address, email address, and terminate your Membership at any time, for any or no reason, with or without prior notice, and without liability. Services are provided in a unidirectional way from Acobay to Members. Acobay reserves the right to delete any content regarded as inappropriate.

4. Use by Members. Acobay is designed for the personal use of its Members. Your membership allows you to buy Report as a Client or to sell Reports as a Tester. You may choose one role for your account and the role is not changeable once registered.

5. Charges and Payment. Acobay reserves the right to charge for any Acobay Services and to change its fees, rates, payment policies, and payment terms from time to time in its discretion. Payment to Members is made via PayPal or Moneybookers to the email address then-current at time of such payment. Members are responsible for the validity of such address to receive payment. Acobay will not accept any request to make payment to a PayPal or Moneybookers account that does not match the registered address.

6. Intellectual Property Rights (IPR). Acobay respects the intellectual property of others, and requires our users to do the same. You may not use any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party. Acobay has the right to terminate the Membership of infringers.

(a) Acobay does not own rights in the content ("User Content") that you publish, input or upload. The User Content include but are not limited to the Reports. By publishing, inputting or uploading any User Content, you grant Acobay a limited license to use such User Content. Acobay performs technical functions necessary to offer the Acobay Services, including but not limited to storing, transcoding, reformatting, analyzing, displaying or indexing Content.

(b) Content created by Acobay ("Acobay Content") is protected by copyright, trademark, patent, trade secret and other laws, and Acobay owns and retains all rights to the Acobay Content.

7. Confidentiality. Registered users shall not release information obtained from Acobay sites to any third party. In case of violation Acobay has the right to terminate membership of violators and deny them any further access to the site.

8. Acobay as Platform or Media. The Acobay site is designed to allow Members to buy or sell Reports. Acobay only acts as the interface between Clients and Testers. Acobay is not responsible for verifying, evaluating, or classifying the Reports.

9. Websites to test. Client may provide the websites that they want testers to test. Acobay does not and has no obligation to verify the ownership.

10. Process. Client needs to purchase Credit points before buying any New Reports. The purchased Credit points are interest free and not refundable. When a Client has provided the Websites to test, Acobay opens any New reports for the Websites and escrows the Credits according to the bug severity set by the Tester until the credit balance of the Client is not enough to open the next Report, or there are no New Report, or the Client removes the website from the Websites to test.

The Client reviews the Open Report and a) verify if the reported problem is true; b) sets a Severity level for the problem. The Client determines the validity and severity based on his/her own judgment.

When the Client has reviewed the Report, s/he sets the Report as Valid or Invalid, the payment for the Report is settled: a) The escrow may be returned wholly or partially to the Client's Credit account or additional Credits may be deducted as necessary; b) The Tester receives the earning if applicable c)Acobay charges the fee if applicable. The settlement of payment is final, permanent and unchangeable. Either Client or Tester cannot request to change it for any reason.

11. Payment to Testers. Testers may cash his/her earned points at the rate of USD1.00 per Earning point (ONE US DOLLAR PER EARNING POINT). The minimum amount for each payment is USD100.00 (ONE HUNDRED US DOLLARS). A Tester may submit a request for payment when his/her Earning account balance exceeds the above minimum amount. By the end of each month Acobay makes the payment against the payment requests submitted in the previous month.

The payment will be paid to the PayPal or Moneybookers account of the Tester associated with the email address then current.

12. Taxes. You are responsible to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any translation for, or performance of Services, or your use of the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. ACOBAY AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY AND ARE NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION.

13. Third Party Fees. Your access to Acobay may involve third party fees regarding service, software and/or hardware, such as Internet service provider, airtime charges, or equipment. You are solely responsible for these fees.

14. Dispute between Users. You are solely responsible for your interactions with other Acobay Members. Acobay has no obligation to involve itself in any way with disputes between you and other Members.

15. Privacy. Use of the Acobay Services is also governed by our Privacy Policy.

16. Prohibitions. Acobay prohibits below contents and behaviors: (a) Content that involves commercial activities or sales without prior written consent from Acobay; (b) Content that poses or creates a privacy or security risk to any person; (c) Content that includes a photo of another person that you have posted without that person's consent; (d) Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) Content that exploits people in a sexual or violent manner; (f) Content that solicits personal information from anyone under 18; (g) Content that contains restricted or password only access pages or hidden pages or images; (h) Content that harasses or advocates harassment of another person; (i) Content that constitutes or promotes an illegal or unauthorized use of copyrighted work; (j) Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (k) Content that constitutes or promotes information that you know is false or misleading; (l) Content that contains nudity, excessive violence, or offensive subject matter or contains a link to an adult site; (m) Content that involves "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (n) Content that furthers or promotes any criminal activity or provides instructional information about illegal activities; (o) Content that violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. (p) Criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or harmful files, copyright infringement, patent infringement, or theft of trade secrets; (q) Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (r) Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Acobay Services; (s) Covering or obscuring the banner advertisements on your personal profile page, or any Acobay page; (t) Selling or otherwise transferring your profile; (u) Any automated use of the system; (v) Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of Acobay; (w) Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; (x) Interfering with, disrupting, or creating an undue burden on Acobay or the networks or services connected to Acobay; and (y) Harassing, abusing, harming, impersonating or attempting to do the same to another Member, person or entity.

17. Disclaimers. Acobay is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on Acobay, whether caused by Users of the Acobay or by any of the equipment or programming associated with or utilized in the Acobay and such User Content does not necessarily reflect the opinions or policies of Acobay. Posts by Members on the Acobay site may contain links to other sites. Acobay is not responsible for the content, accuracy or opinions expressed on such sites, and such sites are not necessarily investigated, monitored or checked for accuracy or completeness by Acobay. Inclusion of any linked site on Acobay does not imply approval or endorsement of the linked site by Acobay. When you access third party sites, you are at your own risk. Acobay takes no responsibility for third party advertisements that are posted on Acobay, nor does it take any responsibility for the goods or services provided by its advertisers. Acobay is not responsible for the conduct, whether online or offline, of any User of the Acobay. Acobay assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Acobay is not responsible for any problems or technical malfunction of any network, lines, computer online systems, servers, providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on Acobay or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in connection with the Acobay. Under no circumstances shall Acobay be responsible for any loss or damage, including personal injury or death, resulting from use of Acobay, from any User Content posted on Acobay, or from the conduct of any Users, whether online or offline. The Acobay Services are provided "AS-IS" and as available and Acobay expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Acobay cannot guarantee and does not promise any specific results from use of Acobay.

18. Limitation on Liability. IN NO EVENT SHALL ACOBAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ACOBAY, EVEN IF ACOBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACOBAY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACOBAY FOR OUR SERVICES DURING THE TERM OF MEMBERSHIP. SERVICES FEES ARE THOSE FEES OF USING ACOBAY SITE AND ITS FUNCTIONALITIES. AMOUNT PAID TO TRANSLATORS VIA ACOBAY ARE NOT CONSIDERED AS THE SERVICES FEES PAID TO ACOBAY.

19. Disputes Settlement. The Agreement shall be governed by the laws of Hong Kong, without regard to its conflict of law provisions. You and Acobay agree to submit to the exclusive jurisdiction of the courts in Hong Kong to resolve any dispute arising out of the Agreement. EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR NOT, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH PARTY ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

20. Indemnity. You agree to indemnify and hold Acobay harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of Acobay in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement or if any Content that you post on Acobay causes Acobay to be liable to another party.

21. Force Majeure. This Site is and shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Acobay’s control, including but not limited to: (a) natural disasters, such as fire, flood, earthquakes, hurricanes, tropical storms; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; (d) failure of the telecommunications or information services infrastructure; (e) hacking, spam, or any failure of a computer, server or software; (f) fiber cuts; and (g) public health events, such as H1N1 flu.

22. Notice. Any notice required to be given under the TOU will be provided by e-mail to the e-mail address that users provided during registration. Notices by users to Acobay shall be given by e-mail. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the e-mail server.

23. Headings. The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.

24. Miscellaneous. This Agreement is accepted upon your use of the Acobay site. This Agreement constitutes the entire agreement between you and Acobay. The failure of Acobay to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.