ACCEPTANCE OF TERMS
You and your organization acknowledge that the information, Software, products, and Web Services obtained from the Web Sites are subject to export controls and economic sanctions laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). By downloading or accessing the information, Documentation, Software, products, APIs, or Web Services, you certify that you and your organization: are not a U.S. denied or sanctioned person or located in or acting for or on behalf of a country or government subject to U.S. embargo or sanctions; will not use the information, Software, products, or Web Services in connection with an end-use prohibited by U.S. law; and are eligible to receive such information, Software, products, and Web Services under U.S. export controls and economic sanctions laws and regulations. You further agree that you and your organization will not export, reexport, transfer, retransfer, sell, supply, or allow access to or use of the information, Software, products, and Web Services (including to, in, by, or for a denied, sanctioned, embargoed, or prohibited country, person, or end use under U.S. law) without a license or other authorization from the U.S. Government, and assume sole responsibility for obtaining any necessary license or other authorization. Diversion contrary to U.S. law is prohibited.
SOFTWARE AVAILABLE ON WEB SITE
All Software is the copyrighted work of Spill Center and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that you have executed, or that accompanies or is included with the Software (“License Agreement”).
If Spill Center makes Software available on this Web Site without a License Agreement, you may use such Software only to design, develop and test your programs to run on Spill Center products and services. Unless you have a valid License Agreement with Spill Center that entitles you to do so, you may not resell, sublicense, or redistribute any Software made available to you by Spill Center.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
FOR YOUR CONVENIENCE, SPILL CENTER MAY MAKE AVAILABLE ON THIS WEB SITE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SPILL CENTER DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS WEB SITE.
CUSTOMER SUPPORT WEB SITE
By using Spill Center’s Customer Support Web Site, you agree to be bound by these terms, as they may be modified at any time by Spill Center. If you do not agree with any of these terms, do not use the Web Site. Spill Center may change, terminate, suspend or discontinue any aspect of the Web Site, with or without notice. Your continued use of the Web Site following the posting of changes constitutes your agreement to the changes.
Subject to these terms, Spill Center agrees to provide you access to your customer information with Spill Center through the Web Site. Spill Center grants to you a limited, nontransferable, nonexclusive license to access and use the Web Site solely to access your customer information, display and print for your own use information received via the Web Site that pertains to you or your employer and its business with Spill Center. In the event you or your employer is no longer a customer of Spill Center, you shall immediately cease using the Web Site and the branded application.
You will not, directly or indirectly, (i) license, sell, lease, assign or otherwise transfer Content, (ii) alter or permit a third party to alter any part of the Content; (iii) access, use or permit the use of any Content by any other party; (iv) use or permit the use of the Web Site except for the Client’s access to its own customer information; (v) distribute copies of Content found on the Web Site in any form (including by e-mail or other electronic means), without prior written permission, or (vi) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Web Site.
You are solely responsible for the accuracy of any information you provide to Spill Center in conjunction with the Web Site (your “Data”). Data will not include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious.
Spill Center disclaims and does not represent or warrant liability or responsibility of any kind based on or resulting from unauthorized access to, damage to or interception of any Data or communications sent to or from, retrieved from or stored on the Web Site.
NOTICES REGARDING SOFTWARE, DOCUMENTATION, APIS, CONTENT AND WEB SERVICES AVAILABLE ON WEB SITES.
EXCEPT AS PROVIDED IN A SEPARATE AGREEMENT BETWEEN YOU AND SPILL CENTER, SPILL CENTER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, DOCUMENTATION, APIS, WEB SERVICES, CONTENT AND INFORMATION AVAILABLE ON THE WEB SITES, ALL OF WHICH ARE PROVIDED “AS-IS”. SPILL CENTER DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF WEBSITE CONTENT. THE USE OF THE WEBSITE AND CONTENT IS AT THE USER’S OWN RISK.
IN NO EVENT SHALL SPILL CENTER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM, BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE WEBSITES, SOFTWARE, DOCUMENTATION, APIS, WEB SERVICES, OR INFORMATION AVAILABLE FROM ANY OF THE WEBSITES.
U.S. GOVERNMENT USE.
Spill Center Documentation, Software, products, APIs, and Web Services obtained from the Web Sites include “Commercial Computer Software” and “Commercial Computer Software Documentation.” In accordance with Section 12.212 of the Federal Acquisition Regulations (FAR) and Sections 227.7202-1 through 227.7202-4 of the Defense Federal Acquisition Regulation Supplement (DFARS), any use, duplication or disclosure of Spill Center Documentation, Software, products, APIs, and Web Services by the U.S. Government or any of its agencies will be governed by and subject to all of the terms, conditions, restrictions, and limitations of the License Agreement or these TOU. Use of Software, products, and Web Services obtained from the Web Sites is agreement by the Government that Software, products, and Web Services include “commercial computer software” and “commercial computer software documentation” and is acceptance of the rights and restrictions in the License Agreement or these TOU. If for any reason, Software, products, or Web Services are not considered commercial or the License Agreement terms or TOU are otherwise deemed not to apply, the Documentation, Software, products, APIs, and Web Services will be deemed to be provided with “Restricted Rights” as defined in FAR 52.227-14(a) and FAR 52.227-14(g)(4) (Alt III), or DFARS 252.227-7014(a)(15) and DFARS 252.227-7014(b)(3), as applicable.
RESERVATION OF RIGHTS
Spill Center reserves all rights not expressly granted under these TOU, and no other rights are granted under these TOU by implication or estoppel or otherwise.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Web Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Spill Center immediately of any unauthorized use of your account or any other breach of security. Spill Center will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Spill Center or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Sites, you will not use the information, Software, products, and Web Services obtained from the Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the information, Software, products, and Web Services in any manner that could damage, disable, overburden, or impair any Spill Center server, or the network(s) connected to any Spill Center server, or interfere with any other party’s use and enjoyment of any information, Software, products, and Web Services available from the Web Sites. You may not attempt to gain unauthorized access to any information, Software, products, and Web Services obtained from the Web Sites, other accounts, computer systems or networks connected to any Spill Center server or to any of the Websites, information, Software, products, and Web Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites.
USE OF WEB SERVICES
The Websites may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (“Communication Service(s)”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Web Sites and Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Web Services or other user or usage information or any portion thereof.
Spill Center has no obligation to monitor the Communication Services. However, Spill Center reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Spill Center reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Spill Center reserves the right at all times to disclose any information Spill Center deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Spill Center’s sole discretion.
Always use caution when providing any personally identifiable information in any Communication Service. Spill Center does not control or endorse the content, messages or information found in any Communication Service and therefore, Spill Center specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Spill Center spokespersons, and their views do not necessarily reflect those of Spill Center. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO SPILL CENTER OR POSTED AT ANY SPILL CENTER WEB SITE
By posting, uploading, inputting, providing or submitting any information or feedback (“Submission”) you are granting Spill Center, its affiliated companies, and sublicensees (including third parties whose products, technologies and services use and interface with any specific parts of a Spill Center software or service that includes the Submission), without charge, the right to use, share and commercialize your Submission in any way and for any purpose. You will not give any Submission that is subject to a license that requires Spill Center to license its software or documentation to third parties because we include your Submission in them. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to post the Submission. Submissions reflect the opinion of the author and not the opinion of Spill Center.
LINKS TO THIRD PARTY SITES
THIRD PARTY LINKS WILL LET YOU LEAVE SPILL CENTER’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SPILL CENTER AND SPILL CENTER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SPILL CENTER OF THE SITE.
“Spill Center Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Spill Center uses in connection with its products and services. You may not remove or alter any Spill Center Trademarks, or co-brand your own products or material with Spill Center Trademarks, without Spill Center’s prior written consent. You acknowledge Spill Center’s rights in Spill Center Trademarks and agree that any use of Spill Center Trademarks by you shall inure to Spill Center’s sole benefit. You agree not to incorporate any Spill Center Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
If any provision of the TOU is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce the TOU.
GOVERNING LAW AND JURISDICTION
All matters relating to your access to, or use of any Spill Center website are governed by the laws of the Commonwealth of Massachusetts, USA. Any legal action or proceeding relating to your access to or use of any Spill Center Websites shall be instituted in a state or federal court in Middlesex County, Massachusetts. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.