Conditions of Use
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.
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 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
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.
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
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.
Governing Law; Forum for Disputes
Local Laws and Export Control
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:
Intac International, LLC
170 Cambridge Street
Burlington, Massachusetts 01803
- 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.