Terms of Use

These terms and conditions (these “Terms of Use”) apply to your access and use of this website and the services made available through this website and all related websites (collectively the “Site”) owned and operated by Intac International, LLC (“Intac”, "we" or "us"). By using the Site you agree to be bound by the terms and conditions of these Terms of Use, our Privacy Policy and our Use of Blogs and Forums Policy, as they may be amended from time to time at the discretion of Intac.

Conditions of Use

By using the information, tools, software, features and functionality including content, updates and new releases located on the Site, you agree to be bound by these Terms of Use, whether you are an anonymous visitor to the Site or you are a registered user of the Site.

THESE TERMS OF USE CONSTITUTE A CONTRACT BETWEEN YOU AND INTAC, GOVERNING ALL USE OF AND ACCESS TO THE WEBSITE AND THE SERVICE PROVIDED THROUGH IT. THE TERMS APPLY FOR EITHER A PAID SUBSCRIPTION OR A FREE TRIAL, WHETHER THE ACCESS IS BY YOU, BY YOUR AGENTS, OR BY YOUR END-USERS.

You may not use the Site or any services provided by Intac through the Site, and you may not accept these Terms of Use if you are not of a legal age to form a binding contract with Intac.

If you accept these Terms of Use, you represent that you have the capacity to be bound by these Terms of Use. Before you continue, you should print or save a local copy of these Terms of Use for your records.

Your Use of the Site and Services

Your right to access and use the Site is specific to you and your business and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes.

You are responsible for all equipment, software (such as an operating computer system and an updated web browser) and network connectivity (such as a broadband Internet connection) necessary for your use of the Site. Your equipment and software may be required to meet certain compatibility standards for your effective use of the Site (for example, your browser may need to be updated to a later version, or may need to support certain functionality). We assume no responsibility for maintaining your equipment and systems, other than advising you generally of requirements of which we are aware.

We may interrupt your access and use of the Site from time to time at our sole discretion, including, without limitation, to address the malfunction of equipment, for periodic updating, maintenance or repair of the Site or for other actions that we may elect to take.

Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Intac through the Site (collectively, “Your Content”), you are licensing Your Content to Intac for the purpose of providing you services through the Site. By submitting Your Content to Intac, you represent that you are entitled to submit it to Intac for use for this purpose, and that Intac shall not acquire any obligation, including without limitation the obligation to pay any fee, as a result of such submission.

Notwithstanding anything to the contrary in these Terms of Use, Intac shall have a perpetual, royalty free, transferable, worldwide right and license to collect, aggregate and use Your Content in aggregated and/or statistical form, provided that it is de-indentified consistent with applicable privacy laws (“Aggregate Data”). Intac shall have the right, but not the obligation, to use Aggregate Data to improve or otherwise modify its or its suppliers’ products and services or to create new products and services. To the extent that any Aggregate Data is so compiled or used by Intac, such Aggregate Data and any product or service improvements, modifications or inventions and any new products or services relating to or based on such Aggregate Data shall be solely owned by Intac and may be used by Intac for any lawful business purpose without any duty or obligation to you.

You agree that Intac may use your feedback, suggestions, or ideas in any way, including in future modifications of any software or Materials, or other products or services, advertising or marketing materials. You grant Intac a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Intac in any way. Intac will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

Terminating Your Access

Intac may, at any time, choose to terminate your access to the Site:

  • if you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms);
  • if Intac in its sole discretion believes it is required to do so by law (for example, where the access of the Site by you is, or becomes, unlawful).

Intac's Intellectual Property Rights

The content of the Site, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, logos, graphics, images, software (including html-based and javascript-based computer programs), services and other material (collectively, the “Materials”) are owned by or licensed to Intac or third-party content providers. Except where otherwise expressly provided in these Terms of Use, nothing on the Site shall be construed to confer any license whatsoever with respect to any of the Materials, whether by estoppel, implication or otherwise. You acknowledge sole responsibility to obtain any such licenses. Except as expressly permitted by these Terms of Use, you may not copy, reproduce, reprint, assign, sublicense, sell, distribute, download, display, post, transmit, prepare derivative works or otherwise use any Materials in whole or in part by any means. You may not “mirror” any Materials contained on the Site or on any other server without Intac’s prior express written consent. You may not reverse engineer or reverse compile any software or other Materials.

Intac does not provide, sell, license or lease any of the Materials other than those specifically identified as being provided by Intac. Intac has not co-authored, ratified, endorsed or adopted the information contained in any publications referenced on the Site by publishing it on the Site. The Site may contain links to or mirroring of web sites controlled by parties other than Intac. Intac is providing these links or mirroring to you only as a convenience. Intac is not responsible for and does not endorse or accept any responsibility for the contents or use of any third party web sites.

We grant you a limited, nonexclusive right to view and download or print one copy of Materials (exclusive of any software) provided on the Site solely for your personal, non-commercial and informational use, without any modification, and provided that the copyright notice and this provision appear in those Materials. This permission terminates automatically without notice if you breach any of these Terms of Use. Upon termination, you will immediately destroy any downloaded or printed Materials.

Your unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity and other laws and regulations.

Restrictions on Use

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site, without our express written consent, which may be withheld in Intac's sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Use and other than generally available third-party web browsers;
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Use;
  • Post or transmit any message, data, image or program that is indecent, obscene, pornographic, or in violation of any laws or regulations; or
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or services provided by Intac.

Subscription, Billing and Payment

Additional terms applicable to services purchased from Intac for fee are set forth in a separate Intac International, LLC User Agreement and in Intac’s ordering document, accepted in writing by a duly authorized representative of Intac (“Order Form”). In the event of any conflict between any provision herein and any provision of the User Agreement or Order Form, the User Agreement or Order Form will govern.

Cancellation and Termination

Intac may terminate these Terms of Use at any time, with or without notice, for any reason. These Terms of Use terminate immediately if you violate any provision of these Terms of Use. Any termination of these Terms of Use also terminates all licenses granted to you hereunder. Upon termination of the Terms of Use for any reason, you shall return all copies of the Materials and all other material you have received from Intac in connection with the Materials or Site and shall certify to Intac in writing that you have done so. All provisions of these Terms of Use that by their nature should survive termination shall survive termination of these Terms of Use.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE SITE, ALL MATERIALS AND CONTENT AND RELATED SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SAME IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INTAC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, SUITABILITY, ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR FREEDOM FROM INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

LIMITATIONS ON LIABILITY

INTAC SHALL IN NO EVENT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF THE SITE, MATERIALS OR ANY RELATED INTAC SERVICES, EVEN IF INTAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, INTAC'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES YOU PAID TO INTAC FOR ACCESS TO AND USE OF THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE LOSS OR EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree that Intac shall have no liability whatsoever for any use you make of the Materials. To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless Intac and its officers, directors, shareholders, employees, agents and representatives from and against all liabilities, losses, claims and expenses (including but not limited to reasonable attorneys’ fees), in whole or in part arising out of or attributable to your breach of these Terms of Use, negligence or willful misconduct.

Modifications

Intac may modify these Terms of Use from time to time. Any and all changes to these Terms of Use will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Use after those changes are posted.

Governing Law; Forum for Disputes

These Terms of Use are governed by, construed and enforced in accordance with the substantive laws of the Commonwealth of Massachusetts, U.S.A., without giving effect to any conflict-of-laws rules. The federal and state courts located in the Commonwealth of Massachusetts will have exclusive jurisdiction over any lawsuit arising out of or relating to the interpretation or enforcement of these Terms of Use, and you expressly consent to the jurisdiction of those courts.

Local Laws and Export Control

Intac controls and operates this Site from a location in the United States of America, and Intac’s policies, procedures and Terms of Use are based upon United States and Massachusetts law. Intac makes no representations that the Site or Materials are appropriate or available for use outside the United States. The following provisions specifically apply to users located outside the United States: (1) you consent to the transfer, storage and processing of Your Content and your personal information to and in the United States and/or other countries; (2) you are solely responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of your locality; (3) you acknowledge and agree to comply with the export laws and regulations of the United States; (4) you certify that none of the Materials or any direct product from the Materials are or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to any countries, companies or individuals to whom export is proscribed by the export laws and regulations of the United States, or used for any activities that are proscribed by such laws and regulations; and (5) you assume sole responsibility for obtaining licenses to export or re-export as may be required.

Miscellaneous

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed stricken, and the remaining provisions of these Terms of Use shall remain in full force and effect as if the invalid or unenforceable provision had never been included.

You agree that if Intac does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Intac has the benefit of under any applicable law), this will not be taken to be a formal waiver of Intac's rights and that those rights or remedies will still be available to Intac.

These Terms represents the entire understanding and agreement between you and Intac regarding the subject matter of the same, and supersedes all other previous agreements, oral or written.

USE OF BLOGS AND FORUMS POLICY

If you use a blog or forum on our Site, you should be aware that any information you submit there can be read, collected or used by other users and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums. These forums may be hosted by us or by one of our third party service providers on our behalf.

Rules for Posting

Intac may allow users to post content on bulletin boards, blogs and at various other publicly available locations on the Site. These forums may be hosted by us or by one of our third party service providers on our behalf. You agree in posting content to follow certain rules.

  • You are responsible for all content you submit to the Site.
  • By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with wintacdomain.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your posted content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Site and under these Terms.
  • You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
  • You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  • You may not interfere with other users' use of the Site, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Site infrastructure or that negatively affects the availability of the Use to others.
  • Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  • You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Site that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  • You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Site are prohibited.
  • You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Site, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

Digital Millennium Copyright ACT (DMCA) Notice

If you believe that material available on the Site infringes your copyright, please notify us as specified below. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by e-mail. Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing. Your DMCA notice will be forwarded to the party that made the material available, and may also be sent to third parties.

Please follow these steps to file a DMCA notice:

  • Verify that the site, blog or forum in question is operated or controlled by Intac. We have no responsibility for sites, blogs or forums that we do not control.
  • Contact the blogger or poster directly. Go to the blog or post in question and leave a comment with your complaint to see if the matter may be resolved directly.
  • Send your complaint to Intac by mail or e-mail at the following address:

    DMCA Officer
    Intac International, LLC
    170 Cambridge Street
    Burlington, Massachusetts 01803
    E-mail: dmca_notices@intacinternational.com

  • You must include the following information in your notice:
    • A physical or electronic signature of the copyright owner or person authorized to act on the copyright owner’s behalf;
    • An identification of the copyrighted work claimed to have been infringed;
    • A description of the nature and exact location of the infringing material, in sufficient detail to permit Intac to find and positively identify that material. Include a link to the specific portion of the site and blog post (not just the name of the blog) that contains the infringing material and describe the specific part that you complain infringes your copyrighted work;
    • Your name, address, telephone number and e-mail address;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
    • A statement, under penalty of perjury, that the information in your notice is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.