UNACCEPTABLE USE
Customers may only use EngageWeb, Inc. services for lawful purposes that respect the rights
and liberties of others. Our Terms of Use is one of zero tolerance. EngageWeb, Inc. reserves
the right to immediately discontinue service to customers without liability, refund, or
continuance of any prepaid service fees. The customer takes full responsibility for their
actions and agrees without reservation that EngageWeb, Inc. will not be held directly or
indirectly liable for such actions under any circumstances.
The following are unacceptable uses and shall be cause for the immediate termination of
Internet services without notice to the customer. By use of the service, the customer
inherently accepts this practice.
ILLEGAL ACTIVITY
In cases of unauthorized distribution or copying copyrighted software, violation of US export
restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other
illegal activities, EngageWeb, Inc. reserves the right to report such illegal activities to
any and all regulatory, administrative and/or governmental authorities for appropriate
prosecution. The customer takes full responsibility for such activities and agrees without
reservation that EngageWeb, Inc. will not be held directly or indirectly liable as a result
of such activities under any circumstances.
ABUSES OF SERVICE PRIVILEDGES
Spamming: sending unsolicited advertising to numerous email addresses or newsgroups and/or
generating a significantly higher volume of outgoing email than a normal user. Spamming by
third parties to promote a web site hosted by EngageWeb, Inc., using a non-existing email
return address on a commercial solicitation, subscribing someone else to a mailing list
without that person's permission, cross-posting articles to an excessive number of or to
inappropriate newsgroups are in violation of our Terms of Use and of certain governmental
laws. In addition to termination of service, EngageWeb, Inc. will charge Two Dollars ($2.00,
US currency) per email recipient for any such activity.
Trolling: posting outrageous messages to generate numerous responses
Mail-bombing: sending multiple messages without significant new content to the same user.
Misuse of system resources: In cases where attempts without authorization to enter into a
secured computer system, hacking or otherwise altering of a site owned and operated by
another person, EngageWeb, Inc. reserves the right to report such illegal activities to any
and all-regulatory, administrative and/or governmental authorities for appropriate
prosecution.
In all the above cases, the customer takes full responsibility for such activities and and
agrees without reservation that EngageWeb, Inc. will not be held directly or indirectly
liable as a result of such activities under any circumstances.
ANY OTHER FORM OF ABUSE
Posting information, violating trademarks, copyrights or other intellectual property rights
or intentionally inflicting emotional distress, posting of private, defamatory, scandalous,
or information about a person without their consent, misuse of EngageWeb, Inc. system
resources to cause a disruption of other commercial services, violates the EngageWeb, Inc.
Terms of Use. In all instances, EngageWeb, Inc. reserves the right to solely determine what
defines the term "abuse". The customer takes full responsibility for such abuse and agrees
without reservation that EngageWeb, Inc. will not be liable as a direct or indirect result of
such abuse, under any circumstances.
MAINTAINING YOUR ACCOUNT IN GOOD STANDING WITH ENGAGEWEB
Please note that only customers whose accounts with EngageWeb are fully paid may enjoy the
benefits and priviledges of EngageWeb services. Any failure by the customer ("you") to pay
your outstanding balance within the terms granted to you will represent your decision to
forfeit your benefits and priviledges and pass along full control of said services to
EngageWeb until such time as your account is paid in full.
PASSWORDS AND SECURITY
The customer acknolwedges full responsibility for the operation of their account, especially
the customer's assigned and managed username(s) and password(s). If a customer shares this
information with another individual or entity, they are fully and solely responsible for any
actions they take while using the account. For security purposes, sharing account passwords
should be done prudently and is not a practice encouraged by EngageWeb, Inc.. The customer
takes full responsibility and agrees without reservation that EngageWeb, Inc. will not be
liable under any circumstances.
All complaints about alleged violations of this Terms of Use should be forwarded to
abuse@engageweb.com. These complaints will be investigated fully by a EngageWeb, Inc. Abuse &
Fraud specialist.
EngageWeb, Inc. reserves the right to refuse any application for service if EngageWeb, Inc.
deems that there is a high likelihood that a potential or existing customer may contravene
the EngageWeb, Inc. Terms of Use.
All customers using EngageWeb, Inc. hosting services understand and agree to the terms of the
EngageWeb, Inc. Web Site/E-Mail Availability Service Level Agreement.
* * * * * * * * * * * *
Software Licensing
The intent of this section is to clearly state the position of EngageWeb, Inc. with regards
to the ownership of applications developed by EngageWeb, Inc. for our customers (the
"Client", "Customer" or the "Licensee" where applicable).
DEFINITIONS
* Source Code: Electronic or otherwise, the functional specifications, original designs
and programming code that makes up the application.
* Executable: The object code resulting from compiling a particular set of Source Code.
In general, this applies to compiled applications and does not apply to Web applications.
* Application: The customer application developed by EngageWeb, Inc. for the customer.
This /includes all Executables and any other byte code element. This by definition does not
include the Source Code.
LICENSE GRANT
Subject to acceptance of these terms, EngageWeb, Inc. grants Licensee a limited,
non-exclusive, revocable license to use the Software royalty-free for Licensee's use. Web
applications can be used from one Web server and an unlimited number of Web browser terminals
unless otherwise stated. Compiled applications can be used from one computer per license
granted unless otherwise stated. All rights not expressly granted to Licensee are reserved by
EngageWeb, Inc.
OWNERSHIP
The Software is owned by EngageWeb, Inc. and is protected by copyright laws. Licensee
acknowledges that no title to any intellectual property in the Software is transferred to
Licensee. Installing or otherwise providing access to use the application is not a sale of
the Software to the client. Rather, this notice provides only permission to use the Software
as specified herein. EngageWeb, Inc. retains ownership of the Software, including all patent,
copyrights, and other intellectual property rights embodied therein. Any data stored in the
application will remain the right of the client and EngageWeb, Inc. promises to return all
such data to the client within a reasonable delay.
LIMITATIONS OF USE
Except as otherwise explicitly permitted herein, Licensee may not: (a) modify, translate or
adapt the Software or any portion thereof; (b) create derivative works based upon the
Software or any portion thereof; (c) distribute, demonstrate, perform, or display the
Software or any portion thereof to any third party; (c) copy or use any portion of the
Software for any commercial purpose; (d) encumber, sell, rent, loan, lease, sublicense,
assign or otherwise transfer Licensee's rights to the Software; or (e) remove or alter any
trademark, logo, copyright, or other proprietary notices in or associated with the Software.
NO WARRANTY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR
CONSTRUCTIVE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT WILL EngageWeb, Inc. BE LIABLE TO LICENSEE FOR ANY SPECIAL, CONSEQUENTIAL,
INDIRECT, INCIDENTAL OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR LOST DATA ARISING OUT OF
THE USE OR INABILITY TO USE THE SOFTWARE, ANY PORTION THEREOF OR ANY DATA SUPPLIED THEREWITH
EVEN IF EngageWeb, Inc. OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO LICENSEE.
TERMINATION
This notice is binding and effective until terminated. Licensee may terminate it at any time
by destroying the Software together with all copies and merged portions in any form. At that
time, the license granted by this notice will be revoked, immediately, without any notice
from EngageWeb, Inc., if Licensee fails to comply with any provision above. Upon such
termination, Licensee agrees to destroy the Software, together with all copies and merged
portions in any form.
* * * * * * * * * * * *
EngageWeb Inc. Web Site/E-Mail/DNS Availability Service Level Agreement ("SLA") *
ELIGIBILITY FOR CREDIT
This Web Site and E-Mail Availability Service Level Agreement applies only to EngageWeb Inc.
hosting accounts in good financial standing and to those customers who have fully complied with
the EngageWeb Inc. Terms of Use.
SERVICE LEVEL OBJECTIVE
EngageWeb Inc. endeavors to provide your business with access to your e-mail, provide
availability of your Web site content as well as make your DNS records available to third
parties 99.9% of the time (hereinafter referred to as "Web Site/E-Mail/DNS Availability").
MINIMUM SERVICE LEVEL DEFINITION
In the event that Web Site/E-Mail/DNS Availability in any calendar month does not meet 99.9%
HTTP and E-mail availability service levels, EngageWeb Inc. will credit 25% of the monthly
service charge for the customer's hosting service in question once in a calendar month. The
customer agrees without reservation that EngageWeb Inc. will not be liable under any
circumstances for a breech of the previously stated 99.9% service level other than the
maximum credit above which will not exceed 25% of the monthly service charge for the
affected month.
COMMUNICATING A BREACH OF MINIMUM SERVICE LEVELS TO EngageWeb Inc.
In order for you to receive a credit on your account, you must request such credit within
ten (10) business days of experiencing a breach of above-stated minimum service levels. You
must request a credit by sending an electronic mail message to support@engageweb.com. For
security, the body of this message must contain your domain name, the dates and times of the
unavailability of your web site or e-mail account(s), and such other customer identification
requested by EngageWeb Inc.. Customers are not credited automatically. Customer acknowledges
that it is entirely their responsibility to identify the service level breech and to request
the credit from EngageWeb Inc..
RESTRICTIONS TO ELIGIBILITY
Credits shall not be provided to you in the event that you have no Web Site/E-Mail/DNS
Availability resulting from (i) scheduled maintenance by EngageWeb (ii) your behavior or the
performance or failure of your equipment, facilities or applications (including coding), or
(iii) circumstances beyond EngageWeb Inc.'s reasonable control, including, but not limited
to, acts of god, acts of any governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay in transportation,
unavailability of interruption or delay in telecommunications or third party services
(including DNS propagation), failure of third party software or hardware or inability to
obtain raw materials, supplies, or power used in or equipment needed for provision of your
Web Site, DNS or E-Mail systems.
LIMITATION OF LIABILITY
Customer agrees that under no circumstances will the customer hold EngageWeb Inc. liable for
a breech of the previously stated 99.9% service level except to the degree of a credit equal
to your monthly service fee being applied to the customer's next invoice. Credit to the
customer account shall be the customer's sole and exclusive remedy in the event that there
is a breech of the 99.9% Web Site/E-Mail/DNS availability service level. The customer agrees
without reservation that EngageWeb Inc. will not be held directly or indirectly liable under
any circumstances for a breech of the previously stated 99.9% service level. The client will
not hold EngageWeb Inc. responsible for any interruption in service or any losses that may
result from any of these service interruptions, under any circumstances.
* * * * * * * * * * * *
Pour les Résidents du Québec Seulement / Quebec Residents Only
Je confirme que tout document et correspondance reliée aux services de EngageWeb, Inc. soient
en anglais. / I hereby confirm my request that any document and correspondence pertaining to
services provided by EngageWeb, Inc. will be in the English language.
* * * * * * * * * * * *
* EngageWeb, Inc. reserves the right to modify or otherwise amend this Terms of Use without
prior notice or warning.
|
EngageWeb is proud to be a Canadian Company. 