Mibase Live Terms and Conditions

Please Read and agree to the Mibase Live Terms and Conditions!

MiBase Live Terms of Use

Welcome tom MiBase Live Toy Library Management System.

These term describe the agreement between you the user and MiBase. MiBase’s obligations and Your obligations.
By using MiBase Live you agree to these terms.

Definitions

We Us = MiBase

You Your = Your toy library, You as an authorised representative of the your toy library

Changes.

The MiBase Live system is being continually updated.  User feedback is gratefully accepted in this development process.  As such the MiBase Live system will change functionality over time.

MiBase reserves the right to modify these usage terms.  MiBase will endeavour to communicate these changes to you.  The most recent version of these terms will be available via a link on the system login page.

MiBase gives no warranty about the suitability of the system for your requirements.  We suggest that your use our demo system to access the system in your application/

Accessing The System

You and Your members are to access the system via a web browser.  Processes or Systems that would generate a lot of network traffic, overload the server or add large amounts of data in the database are not allowed.

Your password needs to be strong.  The server is accessible from anywhere on the internet.  You are responsible for protecting your passwords.  If you believe your password has been compromised the ask Us to change it for you.

The system is only for your toy library’s lawful business.

System Availability and Security.

MiBase Live runs on a dedicated server provided by Digital Pacific.  The data centre providing this server is located in Sydney. It set up is quite standard consisting of a CentOS 6.3 and Apache web server proving PHP pages.

Though very reliable MiBase makes no guarantees about the availability or up time of the Service.

Planned down times may also occur,  these are often for hardware or server software upgrades and generally occur early in the morning ( Sydney time )

MiBase takes security seriously.  Access to the server is locked down as far as possible, it only talks on http, https and ssh ( for management ).  Https is used for all but public data.  Http packets are inspected for hacker like behaviour.  ( if you have problems with accessing a page it may be a false positive please let us know). Brute force attacks on the admin interface are protected by rate limiting login attempts.  Login lockout with too many failed logins is still to be implemented.

MiBase makes no guarantee that the server or other MiBase systems will not be compromised and a third party will gain access to your data.

Note that there are lots of attack vectors. A common example is a hacker compromises a users computer, installs a key sniffer then steals the server password, then they can access the server data.

MiBase performs regular backups of the system but does not warrant that these backups will be the latest data or complete. Backups are to Dropbox and MiBase can share this backup folder with you.

Intellectual Property and Ownership

MiBase retails all IP associated with the system, ie software, documentation, report templates, processes and methods.

Your data is your data.  MiBase will provide your database, in backed up form, to you at any time. ( some system tables may be removed but all data eg members, toys, transactions will be there ). The database is a PostgreSQL database that is fully accessible.
MiBase will follow any reasonable written instruction you require regarding your data. ( eg cancel our account and delete our data )

Limitation of Liability

To the fullest extent permitted by law, You agree to limit the liability of MiBase for any and all claims, losses, costs, damages, expenses of any nature whatsoever, arising out of your use or inability to use the system advice or dealings with MiBase or a breach of this agreement,  so that the total aggregate liability of MiBase to You shall not exceed the price paid for the software and 1 years access fee. This limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

Note that if you need a different clause we can negotiate. Practically an increase in liability would require a significant increase in fees.  The MiBase Toy Library System business model is to serve the community and volunteer toy library and keep the costs to a minimum.

Fees

An annual fee is required to access the system.  The current fee structure is outlined on the www.mibase.com.au web site

If this fee is not paid MiBase reserves the right to disable you access to the system.

MiBase reserves the right to change the fees and fee structures for system access, upgrades, services like support and training.


Termination

You can cancel your use of MiBase Live at any  time. We require written directions and will generally take your system off line in a day or so.

MiBase can cancel your use of the system without notice if in our opinion:
•    you breach this agreements
•    it becomes not viable for us to provide the service to you. Eg changes in the law make it to risky for the return.
•    Your conduct threatens or damages MiBase.

Continuity

I recognise that this software support and development is reliant on my ability to provide this service.  The standard solution to this is an Escrow agreement with a 3rd party provide. Only problem with these is that the cost is a couple of $1000 per year.  ( If required we can negotiate )

I am happy to have a less structured agreement that is:

If I can’t support the software and I have not passed the software to another provider. ( this is at my description ). Then I will provide the source code of the system and associated documentation  to you for your toy library internal use only. (not to be disclosed to other parties or the system provide to any other party).