OutboundClick Website and Online Services Terms of Use
1. Acceptance
You may only access or use the Sites or Services, as defined herein, if you agree to be bound by these Terms of Use (“TOU”). By accessing or using the Sites or Services, you indicate that you assent to these TOU. If you do not agree to be bound by these TOU, do not access or use the Services.
2. Scope of these TOU
Info Tech, Inc. (“OutboundClick”) reserves the right to update these TOU at any time without notice to you. These TOU apply to the above-listed websites of OutboundClick, successor domain names that OutboundClick may make available from time to time and the online services contained or hosted on those OutboundClick websites (collectively known as the “Sites or Services”). To the extent that certain areas of the Sites or Services require registration and/or may be subject to additional terms and conditions of use, OutboundClick will provide you with notice of those additional terms and conditions on registration. These TOU do not apply to your use of unaffiliated sites to which any of the OutboundClick Sites merely link.
3. Software, Documents or Online Services Sold or Distributed; Disclaimers
OutboundClick may offer a variety of software, documents or online services for trial or purchase through the Services or Sites. In some cases, the software, documents or online services offered for trial or purchase may be subject to license terms which conflict with these TOU. Should such a conflict arise, the conflicting license terms governing the software, documents or online services will supersede the terms in these TOU. However, the conflicting terms will govern only to the extent that is necessary and only for the specific applicable software, documents or online services; in all other respects, these TOU will remain operative.
IN NO EVENT WILL OutboundClick AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR SERVICES INCLUDING WITHOUT LIMITATION ANY SOFTWARE, ONLINE SERVICES OR DOCUMENTS AVAILABLE VIA THE SITES OR SERVICES.
Software:
Any software that is made available to download from the Sites or Services (“Software”) is the copyrighted work of OutboundClick and/or its suppliers. Use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software. Any use, reproduction or redistribution of the Software not in accordance with the applicable license agreement is expressly prohibited by law, and may result in civil or criminal penalties.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, OutboundClick HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, OutboundClick MAY MAKE AVAILABLE THROUGH THE SITES OR SERVICES PATCHES, TOOLS OR UTILITIES FOR USE AND/OR DOWNLOAD. OutboundClick DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF THE PATCHES, TOOLS OR UTILITIES.
Documents:
Permission to use documents, such as help topics, white papers, datasheets and FAQs (“Documents”) that are made available through the Sites or Services is granted, provided that (1) the copyright notice which exists on the document appears in all copies, (2) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast on any media, and (3) no modifications of the Documents are made. Use for any other purpose, unless permission is otherwise granted by the Document copyright owner, is expressly prohibited by law, and may result in civil or criminal penalties.
Documents specified above do not include the design or layout of the Sites or Services. Elements of the design or layout of the Sites or Services are protected by trade dress, trademark, unfair competition, copyright, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Sites or Services may be copied or transmitted unless expressly permitted by OutboundClick.
OutboundClick AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE DOCUMENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. OutboundClick AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITION WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
4. Acceptable Use Policy:
The goal of OutboundClick is to provide high quality services to the customers. OutboundClick reserves the right, in OutboundClick’s sole and exclusive discretion, to remove any content for any reason, including but not limited to, reasons listed in this Acceptable Use Policy. The Acceptable Use Policy below defines the actions relating to the content provided through the Sites which OutboundClick considers to be inappropriate and thus prohibited. The examples named in this list are in addition to the types of content identified in any other applicable agreement, are non-exclusive, and are provided solely for your guidance. If you are unsure whether any contemplated use or action is permitted, please send an email in advance to info@outboundclick.com and OutboundClick will assist you.
Actions which OutboundClick considers inappropriate include, but are not limited to, the following:
OutboundClick may and will terminate your access credentials (i.e., any user IDs, user names, passwords, etc.) to the Sites or Services immediately if, in its sole discretion, OutboundClick believes that your conduct fails to conform to these TOU or any other applicable agreement, terms, or conditions. Without limiting the foregoing, if you use or attempt to use the Sites or Services for any purposes other than the purposes intended or contemplated as acceptable by OutboundClick (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Sites or Services), you may also be subject to civil and criminal liability.
Using the Sites or Services to post any content of the nature set forth in 47 U.S.C. Section 230(c)(2)(A) (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable);
Using the Sites or Services to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
Using the Sites or Services to post any content that holds OutboundClick (including its affiliates), employees or shareholders or any other person or entity up to public scorn or ridicule;
Using the Sites or Services to post any content that violates any copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights of others;
Failing to obtain all required permissions when using the Sites or Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
Deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner;
Using the Sites or Services in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress;
Introducing viruses, worms, harmful code and/or Trojan horses on the Internet;
Misrepresenting your identity to access the Sites or Services, or misrepresenting your identity in any way while using the Sites or Services or with the aid of the Sites or Services;
Using the Sites or Services in any way to transmit or distribute any unsolicited bulk or unsolicited commercial email (i.e., spam);
Using any tools, programs, robotic algorithms or products to automatically download or “spider” the Sites or Services;
Otherwise using the Sites or Services in violation of any applicable laws;
Using the Sites or Services to resell, remarket, repackage or redistribute any portion of the Services or offer these Services to others.
5. User Accounts, Passwords, and the Obligation of Confidentiality
If any part of the Sites or Services requires you to register a user account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration process. You will also choose a password and, where appropriate, a user name or ID. By electronically registering a user account, you indicate that you agree, whether by electronic signature, “clickwrap” assent, or other applicable manifestation of assent, to enter relevant agreements through electronic means and to be bound by the terms and conditions to which you assent electronically, by whatever means. You also acknowledge that other parties have registered accounts with OutboundClick for the Sites and Services and may in some cases post user-generated content. You acknowledge that OutboundClick has minimal control over such user-generated content. Accordingly, OutboundClick cannot and does not make any claim that the content contained in the Sites and Services is accurate, appropriate to you, or inoffensive.
You are entirely responsible for maintaining the confidentiality of your password and account information (including the user name or ID). Furthermore, you are entirely responsible for any events which are caused to occur by any person or entity who may be accessing or using any of the Sites or Services and whose permission for access to the Sites or Services are authenticated by your credentials (i.e., user ID or user name and password). You agree to notify OutboundClick immediately of any unauthorized use of your account or any other breach of security which may be associated with the confidentiality of your account information. OutboundClick will not be liable for any loss you may incur as a result of someone else using your confidential account information, either with or without your knowledge. However, you could be held liable for losses incurred by OutboundClick or another party due to the actions of another person or entity who is using your account or password. You may not use any account other than your own to access or use the Sites or Services without the express permission of the owner of that other account.
6. Privacy
Please read OutboundClick’s Privacy Policy for information about OutboundClick’s collection and use of your personal information. The Sites or Services may be governed by their own privacy policies or statements, as referenced in the applicable agreements and account activation procedures specific to the Sites or Services.
7. Intellectual Property Rights
OutboundClick and/or its suppliers retain all right, title and interest in and to the Sites and Services, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. OutboundClick reserves all rights not expressly granted. These TOU do not grant or imply any rights to any OutboundClick or supplier trademarks, trade names or logos. OutboundClick only grants permission to a third party to use OutboundClick-owned trademarks and/or logos according to the conditions and specifications listed on the OutboundClick Trademark Notice and Policy.
8. Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to OutboundClick’s designated agent. NOTIFICATIONS OF COPYRIGHT INFRINGEMENT MUST CONFORM TO THE FOLLOWING PROCEDURE – NONCONFORMING NOTICES WILL NOT RECEIVE A RESPONSE. See the OutboundClick DMCA Policy, including the Notice and Procedure for Making Claims of Copyright Infringement.
9. Revision or Termination of the Sites or Services
Unless otherwise obligated by a separate agreement, OutboundClick reserves the right to modify or discontinue the Sites or Services temporarily or permanently, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that OutboundClick shall not be liable to you for any modification, general suspension or discontinuance of any services. OutboundClick may, in its sole discretion, refuse or restrict anyone from access to any or all of the Sites or Services at any time.
