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1.
ACCEPTANCE OF
TERMS
Information Services USA (OneNotify) provides its service to you
subject to the following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you. You can
review the most current version of the TOS at any time at:
http://www.onenotify.com/tos.asp. In addition, when using
particular OneNotify owned or operated services, you and
OneNotify shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to
time. All such guidelines or rules (including but not limited to
our
Spam Policy) are hereby incorporated by reference into the
TOS. OneNotify may also offer other services that are governed by
different Terms of Service.
DESCRIPTION OF SERVICE
OneNotify provides users with access to services, personalized content and
programming through its network which may
be accessed through various media or devices now known or
hereafter developed (the "Service"). You also understand and agree that the Service may
include certain communications from OneNotify, such as service
announcements, administrative messages and the OneNotify
Newsletter, and that these communications are considered part of
OneNotify and institutions will not be able to opt out of
receiving them. Unless explicitly stated otherwise, any new
features that augments or enhances the current Service, including
the release of new OneNotify properties, shall be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that OneNotify assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings. You are
responsible for obtaining access to the Service, and that access
may involve third-party fees (such as Internet service provider
or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Please be aware that OneNotify was created to allow institutions to
generate their own content which can then be sent to subscribers.
OneNotify is not responsible for, nor will be held accountable
for any adult content which may be generated and/or sent through
the system. Each administrator is responsible for his or her own
content and should monitor the usage by any authorized senders
using OneNotify for their organization.
2.
YOUR
REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United
States or other applicable jurisdiction. You also agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or OneNotify has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, OneNotify has the right to
suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
ONENOTIFY PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our full
privacy policy at
http://www.OneNotify.com/privacy.asp You understand that
through your use of the Service you consent to the collection and
use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States
and/or other countries for storage, processing and use by
OneNotify and its affiliates.
3.
MEMBER
ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing
the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account and
are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify
OneNotify of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from
your account at the end of each session. OneNotify cannot and
will not be liable for any loss or damage arising from your
failure to comply with this Section.
4.
MEMBER
CONDUCT
You
understand that all information, data, text, software,
sound, or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom
such Content originated. This means that you, and not OneNotify,
are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service.
OneNotify does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or
quality of such Content. Under no circumstances will OneNotify be
liable in any way for any Content, including, but not limited to,
any errors or omissions in any Content, or any loss or damage of
any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You
agree to not use the Service to:
a.
upload,
post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b.
harm
minors in any way;
c.
impersonate any person or entity, including, but not limited to,
a OneNotify official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
d.
forge
headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e.
upload,
post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
f.
upload,
post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
g.
upload,
post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping) that are
designated for such purpose (please read our complete
Spam Policy);
h.
upload,
post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
i.
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
j.
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
k.
provide
material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act;
l.
"stalk"
or otherwise harass another; and/or
m.
collect
or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a
through m above.
You
acknowledge that OneNotify may or may not pre-screen Content, but
that OneNotify and its designees shall have the right (but not
the obligation) in their sole discretion to pre-screen, refuse,
or remove any Content that is available via the Service. Without
limiting the foregoing, OneNotify and its designees shall have
the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on
any Content created by OneNotify or submitted to OneNotify,
including without limitation information in all other parts of the Service.
You
acknowledge, consent and agree that OneNotify may access,
preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third parties; (d)
respond to your requests for customer service; or (e) protect the
rights, property or personal safety of OneNotify, its users and
the public.
You
understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
You
understand that the Service and software embodied within the
Service may include security components that permit digital
materials to be protected, and that use of these materials is
subject to usage rules set by OneNotify and/or content providers
who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on
the Service, in whole or in part, is strictly prohibited.
5.
INTERSTATE NATURE OF COMMUNICATIONS ON ONENOTIFY NETWORK
When
you register with OneNotify, you acknowledge that in using
OneNotify services to send electronic communications (including
but not limited to email, sending messages and other Internet
activities), you will be causing communications to be sent
through OneNotify's computer networks, portions of which are
located in ?, As a result, and also as a result of
OneNotify's network architecture and business practices and the
nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of
interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing to
this Terms of Service, you acknowledge that use of the service
results in interstate data transmissions.
6.
INDEMNITY
You
agree to indemnify and hold OneNotify and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any
rights of another.
7.
NO
RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your OneNotify ID), use of the Service, or access to
the Service.
8.
GENERAL
PRACTICES REGARDING USE AND STORAGE
You
acknowledge that OneNotify may establish general practices and
limits concerning use of the Service, including without
limitation the maximum number of days that email messages,
voice messages or other uploaded Content will be retained
by the Service, the maximum number of email messages that may be
sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be
allotted on OneNotify's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that
OneNotify has no responsibility or liability for the deletion or
failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge
that OneNotify reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge
that OneNotify reserves the right to modify these general
practices and limits from time to time.
9.
MODIFICATIONS TO SERVICE
OneNotify reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
OneNotify shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
10.
TERMINATION
You
agree that OneNotify may,
under certain circumstances and without prior notice,
immediately terminate your OneNotify account, any associated
email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the
Service (or any part thereof), (e) unexpected technical or
security issues or problems, (f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the
Services. Further, you agree that all terminations for cause
shall be made in OneNotify's sole discretion and that OneNotify
shall not be liable to you or any third party for any termination
of your account, any associated email address, or access to the
Service.
11.
ONENOTIFY’S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the
Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
Except as expressly authorized by OneNotify or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in
whole or in part.
OneNotify grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in
the Software. You agree not to modify the Software in any manner
or form, nor to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by
OneNotify for use in accessing the Service.
12.
ONENOTIFY’S DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
.
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONENOTIFY AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
a.
ONENOTIFY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
b.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE OneNotify ACCESSED AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
c.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM OneNotify OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
d.
A SMALL
PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE
NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
13.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT ONENOTIFY AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
ONENOTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
14.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
15.
NO
THIRD-PARTY BENEFICIARIES
You
agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
16.
NOTICE
OneNotify may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the
Service.
17.
NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
OneNotify respects the intellectual property of others, and we
ask our users to do the same. OneNotify may, in appropriate
circumstances and at its discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe
that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have
been otherwise violated, please provide OneNotify's Copyright
Agent the following information:
1.
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
2. a
description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a
description of where the material that you claim is infringing is
located on the site;
4.
your address, telephone number, and email address;
5. a
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
6. a
statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
OneNotify's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By
mail:
Information Services USA
1355 Sherman Rd., Suite 601
Hiawatha, IA 52233
Entire Agreement.
The TOS constitutes the entire agreement between you and
OneNotify and governs your use of the Service, superseding any
prior agreements between you and OneNotify with respect to the
Service. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
OneNotify services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum.
The TOS and the relationship between you and OneNotify shall be
governed by the laws of the State of Iowa without regard to
its conflict of law provisions. You and OneNotify agree to submit
to the personal and exclusive jurisdiction of the courts located
within the county of Linn, Iowa.
Waiver and Severability of
Terms. The
failure of OneNotify to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and
Non-Transferability.
You agree that your OneNotify account is non-transferable and any
rights to your OneNotify ID or contents within your account
terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents
therein permanently deleted.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The
section titles in the TOS are for convenience only and have no
legal or contractual effect.
18.
VIOLATIONS
Please report any violations of the TOS to Information Services
USA (http://is-usa.com) |
