ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
Through its network of Web properties, CheckURL provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
You are bound to preserve the copyright information intact, this includes the text at bottom and in the title tags.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software") is the copyrighted work of CheckURL and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
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.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CheckURL CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, CheckURL MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. CheckURL 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 THE SERVICES OR IN CheckURL SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the CheckURL.info Web site or any other CheckURL owned, operated, licensed or controlled site. Elements of CheckURL Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any CheckURL Web site may be copied or retransmitted unless expressly permitted by CheckURL.
CheckURL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CheckURL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CheckURL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM 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 INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CheckURL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL CheckURL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM 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 SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the 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 CheckURL immediately of any unauthorized use of your account or any other breach of security. CheckURL 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 CheckURL 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 Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any CheckURL server, or the network(s) connected to any CheckURL server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any CheckURL server or to any of the 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 Services.
DISCLOSURE TO LAW ENFORCEMENT
CheckURL specifically prohibit the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition CheckURL shall have the right to terminate all service set forth in this Agreement.
Violation of CheckURL's SPAM policy will
result in severe penalties. Upon notification of an alleged violation
of our SPAM policy, CheckURL will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, CheckURL may restrict customer access to the
network to prevent further violations. If a customer is found to be in
violation of our SPAM policy, CheckURL may, at its sole
discretion, restrict, suspend or terminate customer's account. Further,
CheckURL reserves the right to pursue civil remedies for any
costs associated with the investigation of a substantiated policy
violation. CheckURL will notify law enforcement officials if
the violation is believed to be a criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be reviewed for
possible immediate termination. A second violation will result in an
"Administrative Fee" of $500 and immediate termination of your account.
Users who violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees" not to exceed
$175 per hour that CheckURL personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the CheckURL network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IP Address Ownership: If CheckURL
assigns Customer an Internet Protocol address for Customer's use, the
right to use that Internet Protocol address shall belong only to
CheckURL, and Customer shall have no right to use that Internet
Protocol address except as permitted by CheckURL in its sole
discretion in connection with the Services, during the term of this
Agreement. CheckURL shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to
Customer by CheckURL, and CheckURL reserves the right
to change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our allocation of IP
addresses is limited by ARIN's new policies. These new policies state
that use of IP addresses for IP based virtual hosts will not be
accepted as justification for new IP addresses. What this means to you
is that you MUST use name-based hosting where possible. We will
periodically review IP address usage, and if we find that clients are
using IP addresses where name-based hosting could be used, we will
revoke authorization to use those IP addresses that could be used with
Bandwidth and Disk Usage: Customer agrees
that bandwidth and disk usage shall not exceed the number of megabytes
per month for the Services ordered by Customer on the Order Form (the
"Agreed Usage"). CheckURL will monitor Customer's bandwidth and
disk usage. CheckURL shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all Services, or
termination of this Agreement, which actions may be taken is in
CheckURL's sole and absolute discretion. If CheckURL
takes any corrective action under this section, Customer shall not be
entitled to a refund of any fees paid in advance prior to such action.
In the event that a customer exceeds the included allocation, CheckURL
may, at its sole discretion, collect a deposit, in an amount
determined by CheckURL, against customer's credit card on file
System and Network Security: Users are
prohibited from violating or attempting to violate the security of the
CheckURL Network. Violations of system or network security may
result in civil or criminal liability. CheckURL will
investigate occurrences, which may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include,
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures
without proper authorization.
Attempting to interfere with service to any user,
host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
NOTIFICATIONS OF VIOLATION
CheckURL is under no duty to look at each
customer's or user's activities to determine if a violation of the TOS
has occurred, nor do we assume any responsibility through our AUP to
monitor or police Internet-related activities.
First violation: Any User, which CheckURL
determines to have violated any element of this TOS, shall receive an
email, warning them of the violation. The service may be subject at
CheckURL's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further violations.
Second Violation: Users that CheckURL
determines to have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension or
termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
SUSPENSION OF SERVICE OR CANCELLATION
CheckURL reserves the right to suspend network access to any customer if in the judgment of the CheckURL network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS or for any other reason which CheckURL chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
CheckURL reserves the right to amend its policies at any time.
All Sub-Networks, resellers and managed servers of CheckURL
must adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter described on
these Terms and conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or otherwise
CheckURL wishes to emphasize that in agreeing to the CheckURL Terms of Service (ToS), customer indemnifies CheckURL for any violation of the Terms of Service (ToS) that results in loss to CheckURL or the bringing of any claim against CheckURL by any third-party. This means that if CheckURL is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against CheckURL, plus all costs and attorney's fees.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or as a waiver
of any breach of any other provision thereof.
Subscriber shall not transfer or assign this
Agreement without the prior written consent of the Company. Company may
assign Agreement at anytime without consent from or notice to
Subscriber. Company reserves right to cancel customers rights under
this contract at anytime without further obligation.
CheckURL takes no responsibility for any
material input by others and not posted to the CheckURL Network
by CheckURL. CheckURL is not responsible for the
content of any other websites linked to the CheckURL Network;
links are provided as Internet navigation tools only. CheckURL
disclaims any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's
violation of this policy.
CheckURL is not responsible for any damages
your business may suffer. CheckURL does not make implied or
written warranties for any of our services. CheckURL denies any
warranty or merchantability for a specific purpose. This includes loss
of data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by CheckURL.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
RESPONSIBILITY FOR CONTENT
You, as CheckURL's customer, are solely responsible for the content stored on and served by your CheckURL server.
USE OF SERVICES.
The Services 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 (each a "Communication Service" and collectively "Communication Services"). 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:
CheckURL has no obligation to monitor the Communication Services. However, CheckURL reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. CheckURL reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
CheckURL reserves the right at all times to disclose any information as CheckURL 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 CheckURL's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. CheckURL does not control or endorse the content, messages or information found in any Communication Services and, therefore, CheckURL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized CheckURL spokespersons, and their views do not necessarily reflect those of CheckURL.
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 CHECKURL OR POSTED AT THE CHECKURL WEB SITE.
CheckURL does not claim ownership of the materials you provide to CheckURL (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting CheckURL, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all CheckURL Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. CheckURL is under no obligation to post or use any Submission you may provide and CheckURL may remove any Submission at any time in its sole discretion.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE CHECKURL'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CheckURL AND CheckURL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CheckURL IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CheckURL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CheckURL OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
CHECKURL OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN CHECKURL'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO CHECKURL. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO CHECKURL OR ANYONE AT CHECKURL. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT CHECKURL MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.