Contactlink User Agreement
Last Updated: July 4, 2004
Welcome to the User Agreement for Contactlink. This agreement describes the terms on which you may access and use our services. In order to become a member of Contactlink, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access our services.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Contactlink service indicates your acceptance of the amended User Agreement.
Description of Service
Contactlink is an online service offered to help people keep connected with one another (the "Contactlink Service").
Membership Eligibility
The Contactlink Service is not available to minors or to any members suspended or removed from the system by Contactlink for any reason. Users may not have more than one active account. Additionally, members are prohibited from selling, trading, or otherwise transferring your Contactlink account to another party. If you do not qualify, you may not use the Contactlink Service.
Use of Service
Your use of the Contactlink Service is governed by this User Agreement. Contactlink may refuse service without prior notice to any member for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your password or account information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Contactlink of any unauthorized use of your password or account or any other breach of security. Contactlink cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Termination
You agree that Contactlink may, with or without cause, immediately suspend or terminate your Contactlink account and access to the Contactlink Service without prior notice. Without limiting the foregoing, the following will lead to a suspension or termination by Contactlink of a member's use of the Contactlink Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, (e) misuse of the Contactlink Service, and (f) extended periods of inactivity. Suspension or termination of your Contactlink account may include one or more of the following: (a) removal of access to all offerings within the Contactlink Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Contactlink Service. Further, you agree that all terminations shall
be made in Contactlink's sole discretion and that Contactlink shall not be liable to you or any third-party for any termination of your account or access to the Contactlink Service.
Member Conduct
You understand and agree not to use Contactlink to:
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Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
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Use the Contactlink Service for any illegal purpose, including but not limited to conspiring to violate laws.
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Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or affiliations with a person or entity, past or present.
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Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
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Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
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Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
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Use the Contactlink Service as part of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or the like.
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Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
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Stalk or harass anyone.
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Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Contactlink Service.
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Interfere with or disrupt the Contactlink Service or servers or networks connected to the Contactlink Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Contactlink Service.
International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Information Provided on this Website
In the course of using the Contactlink Service, members may provide information about themselves which may be visible to certain other members (see our Privacy Policy to learn more). You understand that by posting materials on the Contactlink website or otherwise providing materials to Contactlink, you are granting to Contactlink a royalty-free license to use this information in the course of offering the Contactlink service. Furthermore, you understand that Contactlink retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Contactlink Service is the sole responsibility of the person from which such content originated and that Contactlink will not be liable for any errors or omissions in any content. You understand that Contactlink cannot guarantee the identity of any other members with whom you may interact in the course of using the Contactlink Service. Additionally, we cannot guarantee the authenticity of any data which members may provide about themselves.
Access to Service
You agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. You also agree not to "frame" or otherwise simulate the appearance or function of this website.
Contactlink Communications
In the course of providing you services, Contactlink may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Contactlink Service. You also agree to have your identity and/or contact information listed in certain communications which you initiate through the Contactlink Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated
with the Contactlink Service, we are not obligated to do so. And since
we do not, and may not have the ability to, control or actively monitor
content we don't guarantee its accuracy, integrity or quality. Because
community standards vary and individuals sometimes choose not to comply
with our policies and practices, in the process of using our website,
you may be exposed to content that you find offensive or objectionable.
You can contact us to let us know of content that you find objectionable.
We may investigate the complaints and violations of our policies that
come to our attention and may take any action that we believe is appropriate,
including, but not limited to issuing warnings, removing the content
or suspending or terminating accounts and/or subscriptions. However,
because situations and interpretations vary, we also reserve the right
not to take any action. Please remember that you can always choose
to refrain from using any part of the Contactlink Service that may
expose you to something that you are uncomfortable with. Under no
circumstances will we be liable in any way for any content, including,
but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of, access
to, or denial of access to any content on the website.
Fees
Signing up for a Contactlink account is currently free. Contactlink reserves the right to charge for the Contactlink Service or any portion thereof, modify the pricing of, add to, change, or discontinue the Contactlink Service or any portion thereof without prior notice.
Indemnification
By accepting this User Agreement, you agree to indemnify, defend, and otherwise hold harmless Contactlink, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, losses, fines, and expenses (including attorneys' fees and costs) arising out of, related to, or resulting from i) your use of the Contactlink Service; ii) unauthorized access to or alteration of your communications with or through the Contactlink Service, or iii) any other matter relating to the Contactlink Service. Any activity which may arise between members from their use of Contactlink are the sole responsibility of the members involved.
You understand and agree that Contactlink may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Contactlink, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE CONTACTLINK SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT CONTACTLINK DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN MEMBERS. CONTACTLINK ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN MEMBERS. CONTACTLINK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CONTACTLINK MAKES NO WARRANTY THAT (i) THE CONTACTLINK SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE CONTACTLINK SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTACTLINK SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CONTACTLINK SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CONTACTLINK SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONTACTLINK OR THROUGH OR FROM THE CONTACTLINK SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement
The User Agreement constitutes the entire agreement between you and Contactlink and governs your use of the Contactlink Service, superseding any prior agreements between you and Contactlink. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTACTLINK SHALL NOT BE LIABLE 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 CONTACTLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL CONTACTLINK'S TOTAL CUMULATIVE DAMAGES EXCEED $100.
Governing Law
The User Agreement between you and Contactlink will be governed by and construed in accordance with the laws of the State of Arizona without regard to conflict of laws principles.
Injunctive Relief
To the extent that you have breached or have indicated your intention to breach this User Agreement in any manner which violates or may violate Contactlink's intellectual property rights, or may cause continuing or irreparable harm to Contactlink (including, but not limited to, any breach that may impact Contactlink's intellectual property rights, or a breach by reverse engineering), Contactlink may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
General Information
Contactlink, the Contactlink logo, and other Contactlink logos and names are trademarks of Contactlink. You agree not to display or use these trademarks in any manner without Contactlink's prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:
Contactlink
Attn: User Agreement Issues
PO Box 25414
Tempe, AZ 85285