License to Content and Indemnification
You expressly represent and warrant that you have the right and/or license to post any and all Content posted by you through the use of the Services. “Content” means any and all information provided by you in connection with your use of the Services, including without limitation information, content, data, messages, text, files, images, video, Images (as defined below), sounds, other materials, and any of the foregoing provided by you. You represent and warrant that the Content provided by you and the use by us of such Content will not infringe or misappropriate any patent, copyright, trademark, trade secret, or other intellectual property rights of any third party.
You hereby grant us a nonexclusive and royalty-free right and license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Content and to prepare derivative works of such Content. You agree to defend us and any of our directors, officers, suppliers and agents (the “Indemnitees”) at your sole cost and expense, against all actions, suits, and other proceedings of third party (the “Claims”) against any of the Indemnitees alleging infringement of any patent, copyright, trademark, trade secret, or other right or violation of any license or other intellectual property rights, based upon the Content provided by you and you agree to indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation, reasonable attorney’s fees and attorney’s disbursements) (the “Losses”) arising out of or incurred in connection with such infringement. In addition, you agree to indemnify and hold harmless the Indemnitees from all Claims and Losses arising out of your use of the Services.
Except for the limited rights and licenses expressly granted hereunder, no other license is granted to you, no other use is permitted and we (and our licensors) shall retain all right, title and interest in and to the Website, the Services and any software or systems provided through the Services and all updates and modifications thereto (including all intellectual property and proprietary rights embodied therein). You shall not take any action inconsistent with such rights.
Personal and Non-Commercial Use Limitation
Permission to access and display any document(s) posted through the Services (the “Documents”) is granted, provided that (1) you only use the Documents in an approved manner, and (2) use of such Documents is for informational and non-commercial use only and will not be copied, posted, distributed, transmitted, displayed, performed, reproduced, or published on any network computer or broadcast in any media.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY SOFTWARE ACCESSED THROUGH THE SERVICES OR ANY DOCUMENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
SOFTWARE ACCESSED ON THIS WEBSITE
WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY SOFTWARE OR SYSTEMS ACCESSED THROUGH THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH SOFTWARE OR THE DOCUMENTS. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE SOFTWARE MADE AVAILABLE VIA THE SERVICES.
DISCLAIMER OF WARRANTIES
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM (FOR OURSELF AND OUR SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IMPLIED OR STATUORY AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
FOR ITS OWN OPERATIONAL EFFICIENCIES AND PURPOSES, WE, FROM TIME TO TIME, BACK UP DATA ON OUR SERVERS, BUT WE ARE UNDER NO OBLIGATION OR DUTY TO YOU TO DO SO UNDER THESE TERMS. UNDER NO CIRCUMSTANCE WILL WE BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF YOUR FILES AND/OR DATA.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF OUR LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THE SERVICES OR DOCUMENTS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND OUR REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) ANY DIRECT DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Sites
There may be links through your use of the Services that allow you to leave the Services. The linked areas are not under our control (or our suppliers) and we are not responsible for the contents of any linked site or any links contained in a linked site, or any changes or updates to such sites. We are not responsible for any form of transmission received from any linked site. The content of any such link is not endorsed by us.
Effects of Termination of Your Account
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) governs the use of the Services regardless of whether the Services are accessed through a desktop or laptop computer, smartphone, cellphone, or any other mobile devices on which these Services may be accessed, transmitted or viewed by you.
You agree to protect the confidentiality, security, integrity, and recoverability of the Services and the data stored on the Services and take reasonable and appropriate steps to guard these resources from improper or unauthorized use, including such use by third parties. You agree to immediately notify us of any unauthorized uses of the Services or any other breaches of security related to the use of these Services. Please report violations of this AUP or any breaches of security related to the use of this Website using the incident report form.
We provide access to the Services to certain authorized individuals for approved purposes and require that you, as an authorized user of the Services, employ reasonable and appropriate administrative, technical, and physical safeguards to protect the Services and the data stored by using the Services. The Services may only be used for approved purposes.
Access and use, or causing or allowing access and use, of these Services, including email services, by anyone other than as permitted by us is strictly prohibited. We reserve the right to access and review any information transmitted through the Services and reserve the right to remove any information posted to or transmitted through the Services, for any reason or no reason, at our sole discretion.
This AUP does not form a contract of any kind, including, among others, an employment or agency contract. We reserve the right to modify this AUP at any time without notice and at our discretion.
As a user of the Services you must (i) abide by all federal, state, and local laws, and (ii) observe all applicable copyright laws as such laws apply to music, videos, games, images, texts and other media in both personal use and in production of electronic information. The ease with which electronic materials can be copied, modified and sent over the Internet makes electronic materials extremely vulnerable to unauthorized access, invasion of privacy, and copyright infringement.
We use commercially reasonable means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively your obligation to maintain and control passwords to access the Services, and you exclusively are responsible for all activities that occur in connection with your user name and password.
You must adhere to the following guidelines with respect to passwords:
- Change passwords periodically. Avoid reusing a password for at least several change iterations. If you have multiple accounts, avoid using the same password for those accounts.
- Do not keep passwords in plain text in a computer file or in plain sight on paper.
- Your password for access to the Services should not be saved on the computer.
- Where possible, do not configure programs to automatically store your password.
- Shut down web browsers, email programs, or other applications that might store passwords temporarily when they are not in use.
The uses of the Services set forth below are prohibited. Engaging in any prohibited use as set forth below (as determined in our sole discretion) constitutes a material breach of these terms and will subject your login account to immediate termination.
You may not use the Services to collect financial information from other users, including but not limited to personal financial information, credit card information, social security numbers, passport numbers, or other such similar information.
You may not send messages or information to recipients or groups other than those individuals that you have been authorized to contact.
Spamming is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet through the Services, maintaining an open SMTP policy, or sending to any mailing list.
You may not use the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; or pornography, nudity, escort services or other content deemed adult related.
Access to Restricted Portions of the Website
You must not attempt to access restricted portions of the Services or related administrative applications without appropriate authorization from us.
You may not use the Services for any commercial purposes.
Violations of Intellectual Property Rights
Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. We are required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for you to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
“Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. We are required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activity that is determined by us, in our sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, as well as failure to comply with applicable on-line privacy laws. We will cooperate with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, profane, defamatory, harassing, abusive or threatening language is prohibited.
USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING PERSONAL ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF YOUR ACCESS TO THE SERVICES WITHOUT PRIOR NOTICE.