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By using Document Integration
Technologies, Inc. (DIT) products, software, services or web sites
("DIT Services"), you agree to the following terms and conditions,
and any policies, guidelines or amendments thereto that may be
presented to you from time to time, including but not limited to
Program Policies and Legal Notices (collectively, the "Terms"). The
section headings in the Terms are for convenience only and have no
legal or contractual effect.
We may update the Terms in the future,
and you will be able to find the most current version of this
agreement at
http://www.ditinc.com/TOC10.html.
USE OF SERVICES
DIT, its subsidiaries and affiliated companies, including your
domain administrator ("DIT") offer DIT Services to you, provided
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. In order to access certain
Services, you may be required to provide current, accurate
identification, contact, and other information as part of the
registration process and/or continued use of DIT Services. You are
responsible for maintaining the confidentiality of your account
password, and are responsible for all activities that occur under
your account. You agree to immediately notify DIT of any
unauthorized use of your password or account or any other breach of
security. DIT cannot and will not be liable for any loss or damage
arising from your failure to provide us with accurate information or
to keep your password secure.
APPROPRIATE CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content") are the sole responsibility of the person from which
such Content originated. DIT reserves the right, but shall have no
obligation, to pre-screen, flag, filter, refuse, modify or move any
Content available via DIT Services. You understand that by using DIT
Services you may be exposed to Content that is offensive, indecent
or objectionable, and that you use DIT Services at your own risk.
You agree that you are responsible for your own conduct and any
Content that you create, transmit or display while using DIT
Services and for any consequences thereof. You agree to use DIT
Services only for purposes that are legal, proper and in accordance
with the Terms and any applicable policies or guidelines. You agree
that you will not engage in any activity that interferes with or
disrupts DIT Services or servers or networks connected to DIT
Services. To report any activity or Content that may violate the
Terms, please go to
http://www.ditinc.com/support_10.htm
In addition to this agreement, your use of some specific DIT
Services is governed by the policies or guidelines specific to those
Services and which are specifically incorporated into this
agreement.
You agree to comply with your company's data usage and privacy
policies.
Users outside of the United States agree to comply with their own
local rules regarding online conduct and acceptable content,
including laws regulating the export of data to and from the United
States or your country of residence.
DIT PRIVACY POLICY
For information about our data protection practices, please see our
Privacy Policy at
http://www.ditinc.com/PrivacyStatement_10.htm.
By using DIT Services, you acknowledge and agree that DIT may
access, preserve, and disclose your account information and any
Content associated with that account if required to do so by law or
in a good faith belief that such access preservation or disclosure
is reasonably necessary to: (a) satisfy any applicable law,
regulation, legal process or enforceable governmental request, (b)
enforce the Terms, including investigation of potential violations
hereof, (c) detect, prevent, or otherwise address fraud, security or
technical issues (including, without limitation, the filtering of
spam), or (d) protect against imminent harm to the rights, property
or safety of DIT, its users or the public as required or permitted
by law. You understand that the technical processing and
transmission of DIT Services, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks, devices
or Services.
You also understand and agree that your domain administrator may
have access to your account and its content, and may suspend or
terminate your account access and your ability to modify your
account.
PROPRIETARY RIGHTS
You acknowledge and agree that DIT Services and any necessary
software used in connection with DIT Services ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws and treaties. You
further acknowledge and agree that Content presented to you through
DIT Services is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by DIT or other proper third party rights holders, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on Content, DIT Services or Software, in
whole or in part except as specifically authorized in a separate
written agreement.
You agree not to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to DIT Services. You agree not to access DIT Services by any
means other than through the interface that is provided by DIT for
use in accessing DIT Services except as specifically authorized in a
separate written agreement. Except as expressly authorized by DIT
you agree not to use, copy, imitate, or incorporate any trademark,
service mark, trade dress, company name, or product name in a way
that is likely to cause confusion among consumers. You also agree
not to remove, obscure, or alter DIT's or any third party's
copyright notice, trademarks, or other proprietary rights notices
affixed to or contained within or accessed in conjunction with or
through the DIT Services or Software.
DIT claims no ownership or control over any Content submitted,
posted or displayed by you on or through DIT Services. You or a
third party licensor, as appropriate, retain all patent, trademark
and copyright to any Content you submit, post or display on or
through DIT Services and you are responsible for protecting those
rights, as appropriate. By submitting, posting or displaying Content
on or through DIT Services you grant DIT a worldwide, non-exclusive,
royalty-free license to reproduce, adapt, modify, publish and
distribute such Content on DIT Services for the purpose of
displaying, distributing and promoting DIT Services. DIT reserves
the right to syndicate Content submitted, posted or displayed by you
on or through DIT Services and use that Content in connection with
any service offered by DIT. DIT furthermore reserves the right to
refuse to accept, post, display or transmit any Content in its sole
discretion. You represent and warrant that you have all the rights,
power and authority necessary to grant the rights granted herein to
any Content submitted.
SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by DIT will be governed by the
Terms and any additional terms and conditions of the end user
license agreement accompanying such Software. DIT Software may
automatically report version number or other diagnostic information
and may automatically download upgrades to the Software to update,
enhance and further develop DIT Services, including providing bug
fixes, patches, enhanced functions, missing plug-ins and new
versions.
POLICIES REGARDING COPYRIGHT AND
TRADEMARKS
It is our policy to respond to notices of alleged infringement that
comply with the United States' Digital Millennium Copyright Act or
other applicable law and to terminating the accounts of repeat
infringers. Any use of DIT's trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features is
strictly prohibited (or such other URL’s DIT may provide from time
to time).
GENERAL PRACTICES REGARDING USE AND
STORAGE
You agree that DIT has no responsibility or liability for the
deletion or failure to store any Content and other communications
maintained or transmitted by DIT Services. You acknowledge that DIT
may have set no fixed upper limit on the number of transmissions you
may send or receive through DIT Services or the amount of storage
space used; however, we retain the right, at our sole discretion, to
create limits at any time with or without notice. Upon the
termination of your use of DIT Services, for failure to pay current
or outstanding balances or, including upon receipt of a certificate
or other legal document confirming your death, business liquidation
or sale, DIT will close your account and you will no longer be able
to retrieve content contained in that account.
You agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes,
any portion of DIT Services, use of DIT Services, or access to DIT
Services except as otherwise expressly provided in the Terms or as
specifically authorized in a separate written agreement.
MODIFICATIONS TO SERVICE
DIT reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, DIT Services (or any
part thereof) with or without notice. You agree that DIT shall not
be liable to you or to any third party for any modification,
suspension or discontinuance of DIT Services.
TERMINATION
You may discontinue your use of DIT Services at any time with a
written thirty day notice. You agree that DIT may at any time and
for any reason, including a period of account inactivity, terminate
your access to DIT Services, terminate the Terms, or suspend or
terminate your account. In the event of termination, your account
will be disabled and you may not be granted access to DIT Services,
your account or any files or other content contained in your
account. Sections 10, 13, 14, 15, 16 and 19 (including choice of
law, severability and statute of limitations), of the Terms, shall
survive expiration or termination.
ADVERTISEMENTS
Some DIT Services may be supported by advertising revenue and may
display advertisements and promotions on the service. Such
advertisements may be targeted to the content of information stored
on the DIT Services, queries made through DIT Services or other
information. The manner, mode and extent of advertising by DIT on
its Services are subject to change. As consideration for your use of
DIT Services, you agree that DIT may place such advertising and that
DIT shall not be responsible or liable for any loss or damage of any
sort incurred by you as a result of the presence of such advertisers
on DIT Services or your subsequent dealings with advertisers.
LINKS
DIT Services may provide, or third parties may provide, links to
other Web sites or resources. DIT may have no control over such
sites and resources and you acknowledge and agree that DIT is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that DIT shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods
or Services available on or through DIT or any such site or
resource.
INDEMNITY
You agree to hold harmless and indemnify DIT, and its subsidiaries,
affiliates, officers, agents, employees, advertisers, licensors,
suppliers or partners, (collectively "DIT and Partners") from and
against any third party claim arising from or in any way related to
your use of DIT Services, violation of the Terms or any other
actions connected with use of DIT Services, including any liability
or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys'
fees, of every kind and nature. In such a case, DIT will provide you
with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF DIT SERVICES IS
AT YOUR SOLE RISK. DIT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIT AND
PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIT AND PARTNERS DO NOT
WARRANT THAT (i) DIT SERVICES WILL MEET YOUR REQUIREMENTS, (ii) DIT
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DIT SERVICES WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
DIT SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF DIT SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIT OR
THROUGH OR FROM DIT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIT AND PARTNERS 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 DIT OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
DIT SERVICES; (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 DIT SERVICES; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON DIT SERVICES; OR (v) ANY OTHER MATTER RELATING
TO DIT SERVICES.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY
CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY
EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF
CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND
15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms,
there shall be no third party beneficiaries to the Terms.
NOTICE
You agree that DIT may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings
on DIT Services.
GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or
amendments that may be presented to your form time to time such as
Program Policies and Legal Notices) constitute the entire agreement
between you and DIT and govern your use of DIT Services, superceding
any prior agreements between you and DIT for the use of DIT
Services. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other DIT Services,
affiliating Services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship
between you and DIT shall be governed by the laws of the State of
New York without regard to its conflict of law provisions. You and
DIT agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of King, New York.
Waiver and Severability of Terms. The failure of DIT to
exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of
the Terms 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 Terms remain in full
force and effect.
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 DIT Services or the Terms must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
Effective November 2009 |
