ARCODE TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICES
Our INKY™ email service pulls together all your personal and work email accounts in one place and provides you easy-to-use tools to manage your emails. Services may also include advertisements and these advertisements are necessary for Arcode to provide the Services. You also understand and agree that the Services may include certain communications from Arcode, including without limitation service announcements and administrative messages, and that while you subscribe to the Services you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Service. You understand and agree that the Services are provided on an "AS-IS" and “AS AVAILABLE” basis and that Arcode assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, Content (as defined in Section 6 below) or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the INKY™ registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Arcode has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Arcode has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Arcode, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Arcode does not control the Content uploaded, posted, emailed, transmitted or otherwise made available via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Arcode 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 any Content posted, emailed, transmitted or otherwise made available via the Services.
You agree not to use the Services to:
7. PRE-SREENING OF CONTENT BY ARCODE
You acknowledge that Arcode and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any publicly accessible Content but not the content of your emails that is available via the Services. Without limiting the foregoing, Arcode and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Arcode or submitted to Arcode by a third party and contained in any publicly accessible areas of the Services or Arcode’s web site(s). For purposes of these Terms of Service, "publicly accessible" areas of the Services or Arcode’s web site(s) are those areas that are intended by Arcode to be available to the general public. You acknowledge, consent and agree that Arcode may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce these Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Arcode, its users, any third parties, or the public.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Arcode and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
8. INTERSTATE NATURE OF COMMUNICATIONS ON ARCODE NETWORK
When you register with Arcode, you acknowledge that in using the Services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and files to third party sources or links, and other Internet activities), you will be causing communications to be sent through Arcode's computer networks, portions of which may be located in various states and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Arcode's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
In light of the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Services to parties identified on such lists; (b) agree not to use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES OR ARCODE’S WEB SITES
Arcode does not claim ownership of Content you submit or make available for inclusion on the Services. But with respect to Content, if any, you submit or make available for inclusion on publicly accessible areas of the Services or Arcode’s web site(s), you grant Arcode a worldwide, perpetual, irrevocable, royalty-free, non-exclusive and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content, in whole or in part, on the Services and Arcode’s web site(s), to promote the purpose for which such Content was submitted or made available and the purpose of operating, promoting, improving and developing new Services, and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Services or Arcode’s web site(s) are those areas that are intended by Arcode to be available to the general public.
11. CONTRIBUTIONS TO ARCODE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Arcode through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information belonging to you or any third parties; (b) Arcode is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Arcode shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Arcode may have something similar to the Contributions already under consideration, in development, or developed; (e) your Contributions automatically become the property of Arcode without any obligation of Arcode to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Arcode under any circumstances.
You agree to indemnify and hold Arcode and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your failure to adhere of these Terms of Service, or your violation of any rights of any third party.
13. NO COMMERCIAL REUSE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services, including without limitation Content, advertisements, Software and your INKY™ Username.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Arcode may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Arcode's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Arcode has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted via the Services. You acknowledge that Arcode reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Arcode reserves the right to modify these general practices and limits from time to time without notice. Your agreement to these Terms of Service constitutes your consent for Arcode to store Content you and others submit, post, transmit, modify or otherwise make available through the Services. You also agree and acknowledge that mail services not hosted by Arcode are subject to the limits of the providers of such services and Arcode does not have any responsibility or liability for limits imposed by those service providers.
15. MODIFICATIONS TO SERVICES
Arcode reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that neither Arcode nor its subsidiaries, affiliates, officers, employees, agents, partners or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.
You may terminate your Arcode account, any associated email address and access to the Services by removing your email credentials using the Settings feature of INKY™.
You agree that Arcode may, without prior notice, immediately terminate, limit your access to, or suspend your Arcode account, any associated email address, and access to the Services. Reasons for such termination, limitation of access or suspension may include, but not be limited to (a) breaches or violations of these Terms of Service or other incorporated agreements, licenses, guidelines or rules, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services or any part thereof, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity by you, (f) suspicion that you have engaged or are engaging in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Arcode's sole discretion and that Arcode shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services. Termination of your Arcode account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (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 of further use of all or part of the Services.
17. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that neither Arcode nor its subsidiaries, affiliates, officers, employees, agents, partners or licensors shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
The Services may provide, or third parties may provide, links to other email, chat, World Wide Web sites or other services or resources. You acknowledge and agree that Arcode is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Arcode shall not be responsible or liable, directly or indirectly, in contract or in tort, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
19. ARCODE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Services and all software provided by Arcode for use in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation copyright and patent laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Arcode or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such Content or the Software, in whole or in part.
Arcode grants you a revocable, personal, non-transferable and non-exclusive right and license to use the object code of its Software on a computing device owned or controlled by you or a computing device used by you with authorization from the owner thereof for the sole purpose of enabling you to use and enjoy the benefit of the Services; provided that you do not (and do not authorize or otherwise allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Arcode for use in accessing the Services.
When an Arcode Service requires or includes downloadable Software, this Software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
20. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARCODE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 ARCODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES. NEITHER ARCODE NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE SERVICES, NOR SHALL ANY OF THE AFOREMENTIONED BE RESPONSIBLE OR LIABLE FOR ANY BUSINESS, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.
22. EXCLUSIONS AND LIMITATIONS
THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 WILL NOT APPLY TO YOU TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SUCH WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to the agreement between you and Arcode reflected in these Terms of Service.
Arcode may provide you with notices, including those regarding changes to these Terms of Service by email, regular mail, SMS, MMS, text message, postings or references on Arcode’s web site(s), or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Terms of Service by accessing the Services in an unauthorized manner. Your use of the Services and agreement to these Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
25. TRADEMARK INFORMATION
ARCODE®, INKY™, INKY Design™ and other trademarks, and service marks appearing in the Services are the property of Arcode Corporation (the "Arcode Marks"). Without Arcode's prior written permission, you agree not to display or use the Arcode Marks in any manner.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Arcode respects the intellectual property of others, and you agree to do the same. Arcode may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers of this provision. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Arcode's Copyright Agent the following information:
Arcode's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows by email: firstname.lastname@example.org.
27. GENERAL INFORMATION
Please report any violations of these Terms of Service to email@example.com.
Last updated June 11, 2012