(Last updated May 2018)
This Terms of Service ("TOS") applies to your use of the NetSfere services and the NetSfere software ("Software") provided in connection with the Services (collectively referred to hereafter as the "Services") and is an agreement between you and Infinite Convergence Solutions, Inc. ("ICS"), a Delaware corporation with a place of business at 3231 North Wilke Road, Arlington Heights, IL 60004. Your use of the Services must be in accordance with this TOS.
If you are an employee of an entity, you hereby represent and warrant that you have the authority to bind the entity to the terms and conditions of this TOS and agree that these terms will be deemed to be the agreement of that entity. The terms "You" or "Your" shall include such entity and all of its affiliates, employees, representatives, contractors, and users of the Services and you agree that you are solely liable for your affiliates, employees, representatives, contractors, and users conduct, acts, and omissions. If you and ICS have both executed a written agreement which governs access to or use of the Services, then the terms of the written agreement shall govern and control to the extent there is a direct conflict between the terms of this TOS and the terms of the written agreement.
By accessing, downloading or using the Services, you and/or any entity for which you act on behalf of agree to be bound by the terms of this TOS. If you do not agree with this TOS, then please close your web browser or close and delete the application to discontinue Services.
Subject to the terms and conditions of this TOS, during the applicable Term (as defined below), ICS grants you a non-exclusive, limited, non-transferable, non-sublicensable right for you to access, download and use the Services on compatible devices and platforms solely in connection with your internal business purposes.
The compatible devices and platforms are published on the ICS website at https://www.netsfere.com.
This right does not allow you to use the Services on any device or computer that you do not own or control. You may not: (i) distribute or make the Services available over a network where it could be used by multiple devices or computers at the same time, (ii) resell, sell, lease, lend, redistribute, sublicense, assign or otherwise transfer the Services to any third party, (iii) copy, alter, modify or adapt (except as expressly permitted by this license), or decompile, reverse engineer, disassemble, attempt to derive the source code of, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services). Any attempt to do so is a violation of the rights of ICS and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by ICS that replace and/or supplement the original Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. If you are a European Union ("EU") resident, information necessary to achieve interoperability of the Services with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to you from ICS upon written request.
Notwithstanding anything to the contrary in this TOS, the obligations of ICS set forth in this TOS do not extend to any software or materials which may be made available by ICS, or otherwise obtained or used by you, subject to an open source license or other open source terms ("Open Source Software"). Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license TOS, if any, authorizing use of such code. You agree that all Open Source Software shall be and shall remain subject to the terms and conditions under which it is provided. You shall not use or combine the Open Source Software with the Services or other items in any manner that would subject the Services to open source terms and conditions.
The Services are protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. All rights, title and interest in and to the Services, including but not limited to copyrights, patent rights, trade secrets and other intellectual property rights, are owned by ICS or its suppliers. Except as set forth in this TOS, no other license is granted with respect to any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Services. Nothing in this TOS constitutes a waiver of ICS' rights under United States copyright law or any other law.
You agree that ICS may collect and use your name, email address, technical data and related information, including but not limited to technical information about your device, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates for the Services, product support and other services to you (if any) related to the Services. ICS may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
The content of all messages created by you through your use of the Service is considered your information or the information of your employer or entity paying for the Services. You agree that ICS will store your messages (including any attachments or embedded content) for the period configured by the administrator of your NetSfere organization. Upon expiration or termination of the NetSfere agreement for any reason, your messages will be retained by ICS for a period of 30 days. If you do not renew the NetSfere subscription within this 30 day period, ICS will permanently destroy your messages (including any attachments or embedded content).
ICS is solely responsible for providing any maintenance and support services with respect to the Services, or as required under applicable law. You acknowledge that Apple, Google, Microsoft or any other third party providers of internet services do not have an obligation to you whatsoever to furnish any maintenance and support services with respect to the Services. Should you have any questions or complaints regarding your use of the Services, please contact your employer's NetSfere administrator, or contact us at https://www.netsfere.com.
You shall: (i) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services and to notify ICS promptly of any unauthorized use; and (ii) comply with all applicable local, state, federal and foreign laws in using the Services, and if you are using the Services outside of the United States, not use the Services in any manner that would violate any federal or state laws of the United States if conducted therein. In addition to complying with the other terms, conditions and restrictions set forth in this TOS, you shall comply with ICS' Acceptable Use Policy, the then-current version of which is available below and is incorporated by reference herein.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ICS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. WITHOUT LIMITING THE FOREGOING, ICS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH DOWNLOAD USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE FIRST ACCESS BY YOU OF THE SERVICES. ICS DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY PROVIDERS OR LICENSORS.
You acknowledge that ICS, not Apple, Google, Microsoft or any other third party providers of internet browsers, is responsible for addressing any claims you may have relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the Services or your use of that Services infringes that third party's intellectual property rights, Apple, Google, Microsoft and any other third party providers of internet browsers do not have any responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
ICS makes available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. You acknowledge that ICS may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device.
The following applies to any Mobile Software you acquire from Apple's App Store ("App Store-Sourced Software"): you acknowledge and agree that this TOS is solely between you and ICS, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this TOS and any law applicable to ICS as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this TOS and any law applicable to ICS as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party's intellectual property rights, ICS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this TOS. You and ICS acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this TOS as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any Mobile Software you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that the TOS is between you and ICS only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) ICS, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the TOS; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the TOS as it relates to ICS' Google-Sourced Software.
If your device is operating iOS, ICS strongly recommends that you enable device protection by configuring a passcode for your device. ICS uses the data protection APIs in your Apple device to provide an additional layer of security for your NetSfere related application data, including your security keys and authentication tokens. This application data will remain protected and secure, provided that you use the passcode security feature that comes with your device. Use the passcode settings in your device to maximize the security of your device: (1) Set Require Passcode to "Immediately"; (2) Use longer alphanumeric passcodes; and (3) enable "Erase Data" to automatically erase the device after ten failed passcode attempts. Your unauthorized access to the operating system of the device may result in loss of the security functionality of the Services.
"Confidential Information" means any non-public data, information and other materials regarding the products, Software, Services, prices and discounts, or business of a party (and/or of third parties, to the extent a party is bound to protect the confidentiality of any third parties' information) provided by a party, its employees, contractors or affiliates ("Disclosing Party") to the other party ("Receiving Party") where such information is marked or otherwise communicated as being "proprietary" or "confidential" or the like, or where such information should, by its nature, be reasonably considered to be confidential and/or proprietary. The parties agree, without limiting the foregoing, that any performance and security data, product roadmaps, source code, benchmark results, and technical information relating to the Services, including pricing information, shall be deemed the Confidential Information of ICS. Notwithstanding the foregoing, Confidential Information shall not include information which: (i) is already known to the Receiving Party without the obligations of confidentiality prior to disclosure by the Disclosing Party; (ii) becomes publicly available without fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without restriction as to disclosure, or is approved for release by written authorization of the Disclosing Party; (iv) is independently developed or created by the Receiving Party without use of the Disclosing Party's Confidential Information; or (v) is required to be disclosed by law or governmental regulation, provided that the Receiving Party provides reasonable notice to Disclosing Party of such required disclosure to the extent allowed by applicable law, and reasonably cooperates with the Disclosing Party in limiting such disclosure. Except as expressly authorized herein, the Receiving Party shall: (i) use the Confidential Information of the Disclosing Party only to perform hereunder or exercise rights granted to it hereunder; and (ii) treat all Confidential Information of the Disclosing Party in the same manner as it treats its own similar proprietary information, but in no case will the degree of care be less than reasonable care.
You agree to defend, indemnify, hold harmless and defend ICS and its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to your use of, or access to, the Services.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ICS BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR ANY DATA SUPPLIED THEREIN OR THEREWITH EVEN IF ICS OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL ICS' LIABILITY EXCEED THE SERVICE FEES PAID BY YOU DURING THE THREE (3) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED WARRANTY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You acknowledge that the Software contains cryptographic features and is subject to United States and local country laws governing import, export, distribution and use. You are responsible for compliance with United States and local country laws and regulations and shall not export, use or transmit the Software (i) in violation of any export control laws of the United States or any other country, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By clicking "AGREE", you also represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
If the Software is accessed or used by any agency or other part of the U.S. Government, You and the U.S. Government acknowledge that (i) the Software and accompanying materials constitute "commercial computer software" and "commercial computer software documentation" under paragraphs 252.227.14 and 252.227.7202 of the DoD Supplement to the Federal Acquisition Regulations or any successor regulations, and the Government is acquiring only the usage rights specifically granted in this license; and (ii) the Software constitutes "restricted computer software" under paragraph 52.227-19 of the Federal Acquisition Regulations or any successor regulations and the government's usage rights are defined in this license and the applicable regulations.
You agree to the use of your entity's name, logo and other information related to your use of the Services in ICS' customer lists used in presentations to other prospective customers, resellers, suppliers and technology partners, and for other marketing related activities, including but not limited to, references on ICS' website.
You acknowledge and agree that Apple (and its subsidiaries), Google, Microsoft and any other third party providers of internet browsers, depending upon your device and internet browser, are third party beneficiaries of this TOS, and that, upon your acceptance of this TOS, Apple, Google, Microsoft and any other third party providers of internet service, depending upon the device and internet browser you use, will have the right (and will be deemed to have accepted the right) to enforce the TOS against you as a third party beneficiary thereof.
This TOS is effective until terminated. You may terminate it at any time by deleting the Software. The TOS and all license rights granted to you may be terminated immediately by ICS if you fail to comply with any term or condition of this TOS. Upon such termination, you agree to destroy the Software and cease using the Services.
This TOS shall be governed by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents and by the laws of the United States. You consent to the exclusive jurisdiction of the state and federal courts of Cook County, Illinois. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) will not apply to this TOS. Your use of the Services may also be subject to other local, state, national, or international laws.
If any provision of this TOS shall be held illegal or unenforceable by a court or tribunal of competent jurisdiction, the parties shall reform the provision to the minimum extent necessary to render it valid and enforceable in conformity with their intent as manifested herein. The remainder of the TOS shall remain in full force and effect.
Except for actions for non-payment or breach of either party's intellectual property rights, no action (regardless of form) arising out of this TOS may be commenced by either party more than two (2) years after the cause of action has accrued.
(Last updated May 2018)
PERSONAL INFORMATION: We process the following information: your phone number, email address, MDN, last name, first name, company name and message content, and depending on the Services you subscribe to, we may process the following information: date of birth, gender, physical address, profile picture, custom contact attributes, 3rd party credentials, credit card information and VoIP call history ("Personal Information").
MESSAGE CONTENT: If you are using our NetSfere Services, messages that you send or receive are protected by the use of end-to-end encryption and only accessible by the authorized users, organizers and participants. Messages are never exposed in unencrypted form while temporarily resident within Infinite Convergence's communication infrastructure servers or during transmission across public or private networks. Messages that we store are only available to our customers and their authenticated users. If you are using our Enterprise Messaging Services (EMS), the messages are encrypted at rest and during transmission from your company's system to the EMS, and it is optionally encrypted from the EMS to the next hop. It is important to note that mobile carriers do not encrypt SMS when delivering to end-users as SMS in nature is in plain text.
Because of our commitment to present the best possible Services to our users, we track Personal Information pertaining to user satisfaction. To ensure the quality of our Services, we reserve the right to maintain evaluation and feedback records.
BUSINESS INFORMATION: Information that is collected by our Services is considered confidential. We will not view business information except as necessary to appropriately support the Services or as required by law. Business information includes email addresses, names, and any other business information used while using the Services.
AFFILIATES: We may sometimes share or jointly collect Personal Information with our parent entity and the wholly owned subsidiaries and affiliated divisions of our parent company entity. Sharing this Personal Information helps us make your customer experience more seamless and efficient by allowing us to improve our marketing efforts to better target customer needs, streamline our processes and consolidate our backend business systems.
SURVEYS: In addition to required member Personal Information, we may conduct surveys and ask users to volunteer Personal Information to be used on an aggregate basis for internal market research, and joint research projects with outside companies involved in product development. We use such Personal Information to better focus our product and personalize the scope of Services offered to each individual user/company.
SESSION RECORDS: To maintain our quality of service and to assist in the analysis of product performance, we may also gather data on connection information, including the timing and size of all packets sent over the Internet during a session. The gathered Personal Information is used only to ensure the highest quality experience possible when using our Services.
SECURITY INFORMATION: Infinite Convergence collects certain standard information about your mobile device for security and identification purposes. This information may include: IP addresses, domain names, access times, cookies and other unique identifying information of mobile devices that have our software downloaded and installed on them. This information is used for the operation of the Services, to identify and protect our customers and to control unauthorized use or abuse of our Services. For NetSfere, Personal Information is encrypted during transmission and is stored securely within our servers. For EMS, Personal Information is encrypted at rest and during transmission from your company's system to the EMS, and it is optionally encrypted from the EMS to the next hop.
Our mobile applications also use analytical tools to help gather non-personally identifiable data about download and application usage. We may use Personal Information such as IP addresses to determine the general geographic locations of our users, but this Personal Information does not personally identify individual users.
This Personal Information is used solely to assist Infinite Convergence in maintaining more effective and useful products and services for our customers. This data will not be shared with third parties without your prior consent or unless required by law.
CHILDREN'S PRIVACY: We do not allow any child under the age of 16 to use our Services. In the event that we learn that a child under the age of 16 has used our Services and that we have collected personal information from such child, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us at https://www.infinite-convergence.com.
If you are using a service which requires a credit card to be provided, we use third party billing services and do not retain your credit card information. We ensure that our third party provider of billing services is PCI compliant and uses the latest encryption technology to make sure your credit card information is kept secure.
Infinite Convergence cooperates with government and law enforcement officials to enforce and comply with the law. We may therefore disclose Personal Information, usage data, message data, and any other information about you, if we deem that it is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process (such as a subpoena or court order) or enforceable governmental request; (b) detect, prevent, or otherwise address fraud, security or technical issues; or (c) protect against harm to the rights, property or safety of Infinite Convergence, its users or the public as required or permitted by law.
If you wish to change, review, correct or update your Personal Information, please send us a message according to the information at https://www.infinite-convergence.com/support. Upon your request, we will change, correct or update your Personal Information.
To change your email subscription status to receive or to stop receiving marketing communications, or to deactivate your Services please contact us according to the information at https://www.infinite-convergence.com/support.
We use industry-standard efforts to safeguard the confidentiality of Personal Information, including encryption, firewalls and SSL (Secure Sockets Layer). Nevertheless, we remind you that no security measure is perfect. Accordingly, we cannot and do not guarantee the security of any information you transmit on or through the Services and any information you transmit is sent at your own risk.
We are not liable for loss of passwords due to user carelessness. If you lose control over your password, you may lose control over your Personal Information. If you believe your password has been compromised, we recommend that you immediately change your password.
ICS may store and process Personal Information anywhere Infinite Convergence or its service providers maintain facilities. If the storage and/or processing of Personal Information involves transfers of Personal Information out of the European Union, and the European Data Protection Legislation applies to the transfers of such data, Infinite Convergence will make such transfers in accordance with a transfer solution, and make information available to you upon request. You agree that if under European Data Protection Legislation, Infinite Convergence reasonably requires you to enter into standard contractual clauses or use another transfer solution offered by Infinite Convergence required to give full effect to such transfer solution, you will do so.
For additional inquiries about the privacy of your Personal Information, you can contact us by writing to us via regular mail at:
Attn: Customer Support
Infinite Convergence Solutions, Inc.
3231 N Wilke Rd
Arlington Heights IL 60004 USA
To reach our Global Customer Support department, you may contact us according to the information at https://www.infinite-convergence.com/support.
Privacy Policies Supports: General Data Protection Regulation (GDPR)
Copyright 2015-2018 Infinite Convergence Solutions, Inc.
(Last updated 2018)
Scope. Reseller, Customers, and all persons and entities using and accessing the Services (each an "End User") must comply with this Acceptable Use Policy ("AUP"). By using the Services, each End User acknowledges, and agrees to ensure compliance with, this AUP. ICS in its discretion may modify this AUP at any time. "You" and "Your" as used herein shall be interpreted to mean End Users. You agree not to use the Services to conduct or engage in any illegal or unauthorized activity or purpose.
Restrictions on Use. Without limiting the foregoing, Resellers, Customers and End Users agree not to permit the Services to be used to transmit or disseminate any:
(i) unsolicited material (such as unwanted email, junk email, bulk email, promotions, spam or content that includes any advertising) to persons or entities that have not agreed to receive such material or to whom Reseller, Customer or End Users do not otherwise have a legal right to send such material;
(ii) material or data that infringes or violates any third party's intellectual property rights, including patent, copyright, trademark, or trade secret, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless services provider or any of its customers or subscribers;
(iii) material or data, that is illegal, or material or data that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of any third-party service provider involved in the provision of the Services;
(iv) material or data, which violates any applicable laws, that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drug related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, explicit sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations) or gambling-related (e.g., casinos, lotteries);
(v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
(vi) material or information that is false or misleading, or likely to mislead or deceive; and
(viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of ICS, its suppliers, or any third party.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Services in a manner that sends more request messages to the ICS servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Services nor use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to use any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. You agree not to intentionally interfere with the operation of the Services or with any other person's use of the Services or intentionally gain unauthorized access to the Services.
ICS may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability, if, in ICS' sole determination, you violate any terms of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (ii) taking any action that imposes, or may impose at ICS' sole discretion an unreasonable or disproportionately large load on ICS' infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Services; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Services; or, (vi) bypassing the measures we may use to prevent or restrict access to the Services, including, but not limited to, registering for the Services with a non-Network email address. Upon termination for any reason, you continue to be bound by this Agreement.
ICS takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. ICS is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that ICS shall not be liable for any damages you allege to incur as a result of such User Content.
Infinite Convergence Solutions, Inc.
All Rights Reserved.