Copyright © Constalink Software, LLC. All rights reserved
Terms of Use
About This Policy
The purpose of this policy is to provide users ("Clients" or "you") with a set of guidelines, rules, and restrictions that apply to the use of this web site as well as any of the software or products provided herein. Throughout this policy any reference to the first person ("I, me, we, our, ours, us") shall refer to Constalink Software, LLC. Any reference to the second person ("you, your, yours") shall refer to the client.
This policy contains the Terms of Use that govern your use of this web site, our software, and any and all services provided by us. Your compliance with this policy and all rules and regulations provided herein is a prerequisite for the use of this web site as well our software, our web hosting services, web systems, and any products and services we provide. Your continued use of this site, software, web services, or any products / services we provide constitutes your agreement to these terms in whole as well as your acceptance of any penalties that may arise due to the misuse of this site or any of our products or services. This policy also applies your employees, agents, contractors, end users, or any third party acting on your or your end users' behalf.
This policy contains the Terms of Use that govern your use of this web site, our software, and any and all services provided by us. Your compliance with this policy and all rules and regulations provided herein is a prerequisite for the use of this web site as well our software, our web hosting services, web systems, and any products and services we provide. Your continued use of this site, software, web services, or any products / services we provide constitutes your agreement to these terms in whole as well as your acceptance of any penalties that may arise due to the misuse of this site or any of our products or services. This policy also applies your employees, agents, contractors, end users, or any third party acting on your or your end users' behalf.
Policy Changes
We reserve the right to make changes to this policy and all others on this site at any time and without any advance notice as to protect the interests of our company, our clients or their end customers, our partners, or our affiliates. All changes to this policy will be posted on this web site and shall become effective on the day of the posting. If you do not agree to the changes made to this policy you will be given a grace period of not more than 10 days to cancel your services before having to comply with those changes. Any use of our services beyond the 10 day grace period constitutes your agreement to any changes or additions made to this policy.
Our Rights
As the nature of the internet is constantly changing, we cannot address all possible unacceptable uses of this web site our software, or our products or services. As a result, we reserve the right to determine what constitutes an unacceptable use. We also reserve the right to suspend or terminate access or take any other action as required by law.
Your Rights
As our client, you have the right to use this web site, our software, our products or our services in any way you see fit as to benefit or provide profit to yourself or any company you represent as long as you do not violate this policy or any other policies posted on this web site, or any state, local, federal, or international laws, and as long as we do not deem your activities unacceptable.
Disclaimer
YOUR ACTIVITIES RELATED TO THE USE OF ANY SERVICE PROVIDED BY US MAY NOT VIOLATE OR OTHERWISE CONTRADICT ANY OF THE TERMS IN THIS POLICY OR ANY OTHER POSTED POLICY ON THIS SITE, AND MAY NOT VIOLATE ANY STATE, LOCAL, FEDERAL, OR INTERNATIONAL LAWS. WE MAY, IN OUR SOLE DISCRETION, SUSPEND OR TERMINATE YOUR SERVICES IF IT IS DETERMINED THAT YOU HAVE ENGAGED IN ANY SUCH ACTIVITY THAT MAY VIOLATE THE ABOVE MENTIONED TERMS OR LAWS. YOU VIOLATE THIS POLICY WHEN YOU, YOUR END USERS, YOUR AFFILIATES, OR ANY OTHER THIRD PARTY ACTING ON YOUR OR YOUR END USERS’ BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, FORESEEN OR UNFORESEEN, SUCCESSFUL OR UNSUCCESSFUL, WHICH CONTRADICTS THE TERMS OF THIS POLICY.
WE WILL NOT BECOME INVOLVED IN ANY DISPUTES OR LIABILITIES BETWEEN YOU AND A THIRD PARTY AND YOU AGREE TO RELEASE US FROM ANY LIABILITY WHICH ARISES IN WHOLE OR IN PART FROM THESE DISPUTES. ALSO, WE RESERVE THE RIGHT TO TAKE ANY DISCIPLINARY ACTION DEEMED APPROPRIATE IN OUR SOLE DISCRETION IF A COMPLAINT IS RECEIVED FROM A THIRD PARTY WHICH CLAIMS THAT YOU HAVE ENGAGED IN ANY ACTIVITY WHICH VIOLATES THE TERMS OF THIS POLICY OR OTHERWISE SUBJECTS US TO ANY LIABILITY TO INCUR LEGAL FEES OR OTHER EXPENSES INCLUDING BUT NOT LIMITED TO ACCOUNT SUSPENSION OR TERMINATION. WE ALSO RESERVE THE RIGHT TO RECOVER ANY LEGAL FEES, OR OTHER EXPENSES WHICH ARISE IN WHOLE OR IN PART FROM SUCH LIABILITIES VIA ANY MEANS NECESSARY INCLUDING BUT NOT LIMITED TO CHARGING YOUR CREDIT CARD FOR SUCH FEES.
WE RESERVE THE RIGHT TO PROSECUTE TO THE FULLEST EXTENT OF THE LAW IF IT IS DETERMINED THAT ANY STATE, LOCAL, FEDERAL, OR INTERNATIONAL LAWS HAVE BEEN BROKEN OR YOUR ACTIVITIES CAUSE US TO INCUR ANY FINANCIAL LIABILITIES WHICH CANNOT BE RECOVERED BY NORMAL METHODS. WE MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
What does all this mean? – Don't do anything bad or unethical. Plain and simple.
WE WILL NOT BECOME INVOLVED IN ANY DISPUTES OR LIABILITIES BETWEEN YOU AND A THIRD PARTY AND YOU AGREE TO RELEASE US FROM ANY LIABILITY WHICH ARISES IN WHOLE OR IN PART FROM THESE DISPUTES. ALSO, WE RESERVE THE RIGHT TO TAKE ANY DISCIPLINARY ACTION DEEMED APPROPRIATE IN OUR SOLE DISCRETION IF A COMPLAINT IS RECEIVED FROM A THIRD PARTY WHICH CLAIMS THAT YOU HAVE ENGAGED IN ANY ACTIVITY WHICH VIOLATES THE TERMS OF THIS POLICY OR OTHERWISE SUBJECTS US TO ANY LIABILITY TO INCUR LEGAL FEES OR OTHER EXPENSES INCLUDING BUT NOT LIMITED TO ACCOUNT SUSPENSION OR TERMINATION. WE ALSO RESERVE THE RIGHT TO RECOVER ANY LEGAL FEES, OR OTHER EXPENSES WHICH ARISE IN WHOLE OR IN PART FROM SUCH LIABILITIES VIA ANY MEANS NECESSARY INCLUDING BUT NOT LIMITED TO CHARGING YOUR CREDIT CARD FOR SUCH FEES.
WE RESERVE THE RIGHT TO PROSECUTE TO THE FULLEST EXTENT OF THE LAW IF IT IS DETERMINED THAT ANY STATE, LOCAL, FEDERAL, OR INTERNATIONAL LAWS HAVE BEEN BROKEN OR YOUR ACTIVITIES CAUSE US TO INCUR ANY FINANCIAL LIABILITIES WHICH CANNOT BE RECOVERED BY NORMAL METHODS. WE MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
What does all this mean? – Don't do anything bad or unethical. Plain and simple.
Limitation of Liability
YOU AGREE TO USE OUR PRODUCTS AND SERVICES AT YOUR OWN RISK AND AGREE TO RELEASE US FROM ANY DAMAGES THAT MAY BE INCURRED BY YOU, YOUR END USERS, YOUR AFFILIATES, OR ANY THIRD PARTY ACTING ON YOU OR YOUR END USERS’ BEHALF AS A RESULT OF THE USAGE OF OUR PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA, LOSS OF BUSINESS, OR ANY OTHER DAMAGES TO YOU, YOUR BUSINESS, YOUR REPUTATION, OR ANY OTHER DAMAGES SEEN OR UNFORSEEN AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE WE PROVIDE. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL WE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY OF OUR PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCTS OR SERVICES TO OPERATE WITH ANY OTHER PROGRAMS OR FAILURE TO OPERATE AS EXPECTED), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with any product or service we provide.
What does all this mean? We are not responsible for any damages of any kind... plain and simple.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with any product or service we provide.
What does all this mean? We are not responsible for any damages of any kind... plain and simple.
Prohibited Uses
Any uses of our web site, our software, or provided services are subject to any and all prohibited uses outlined below but are not limited to such prohibitions. The prohibitions outlined below are not designed to address any possible misuse of our services. Therefore, at our sole discretion, any other misuses may be determined as these violations happen.
- Lawful use only You may use software or services provided by us only for lawful purposes. You may not transfer, keep, or distribute any information, software, data, files, or any other material if it is in violation of any applicable state, local, federal, or international laws. You may not use our services to assist in, or otherwise facilitate the violation of any law or regulation.
- Spamming and SPAM Related Activities We strictly prohibit the use of our services to transmit SPAM. We will also not provide services to a company which is announced or advertised via spam under any circumstances be it via our servers or other methods. Bottom line… we have a zero tolerance for spam and spam related activities.
- Advertising We strictly prohibit the use of our software to advertise. We are not an advertising agency and do not provide such services. Anyone caught using our services to deliver advertisements, no matter how those advertisements are delivered will have their account terminated.
- Copyright Infringement You may not use our software, or any of our services in any manner which infringes upon the rights of a third party. This includes the infringement of copyrights, trademarks, patents, trade secrets, or other proprietary rights or rights of publicity or privacy. Any member who violates the rights of a rights owner may be subject to additional penalties as required by law. We will fully cooperate with law enforcement agencies if this should be the case.
- Harassment or Otherwise Damaging or Abusive Activities You may not use our services for harassment or otherwise damaging or abusive activities. This includes but is not limited to the following:
- Harassment, abuse, slandering, or otherwise threatening of a third party.
- Use of our software or services to distribute damaging, information collecting, or advertising software with or without permission. This includes but is not limited to Viruses, Spyware, Adware, Trojans, worms, or other computer code which may disrupt service, destroy data, damage equipment, or otherwise degrade data transmissions.
- Use of our services to publish inappropriate information to the public. This includes but is not limited to nudity, pornography, violence, or inappropriate language.
- Use of our services to facilitate in the distribution of illegal, counterfeit, or stolen items. This includes but is not limited to illegal drugs or drug paraphernalia, counterfeit or otherwise misleading items, and stolen property.
- Use of our software or services to provide, store, or distribute information or items related to hacking or data terrorism. This includes but is not limited to cable or satellite descramblers, software hacks, key generators or illegal serial numbers, or any other type of hacking or data terrorism.
- Use of our software or services to engage in or facilitate Denial of Service attacks.
- Use of our services in any manner that attempts to utilize any server resource in an unacceptable manner or utilize resources beyond allowable limitations including but not limited to any attempts to lockup the server, over-utilize server memory or processors, hack into other users’ software, over-utilize disk space, or otherwise shutdown or disrupt other users’ web sites or resources contained on any server.
- Use of our software or services to provide, solicit, or otherwise distribute confidential information including but not limited to confidential passwords, credit card numbers, email addresses, or other personal information. Also, you may not defraud third parties into releasing their passwords or personal information.
- Use of our software or services to forge, misrepresent, delete, or otherwise defraud the source of any message headers or other data transmission. This includes but is not limited to concealing or misidentifying the origin of messages or data transmissions, email spoofing, or otherwise scrambling or altering message headers or data transmissions.
- Use of our software or services to facilitate a phishing website or service or any website or service that attempts to defraud visitors into submitting personal or billing information under false pretences.
- Use of our software or services in any manner which may subject us or any other party to any liability for any reason, known or unknown, seen or unforeseen, without limitation or might adversely affect our public image, reputation, or goodwill to do business.
US Export Laws
Unites States export laws govern your use of the software and any service provided by us. These laws apply to you, your end users, or any third party acting on you or your end users' behalf whether or not you actually reside in the United States. All our servers are located in the United States and as such anyone using these servers is subject to United States export laws. You may not use any of our services in any manner which violates these laws either directly or indirectly. Also, you may not engage in the sale of products outside the United States which are legal to sell in the United States but are illegal to export. You may also not provide services to those individuals residing outside the United States with whom it is illegal for US Citizens to do business.
For more information about United States export laws, please visit export.gov
For more information about United States export laws, please visit export.gov
Privacy
Privacy is one of our utmost concerns here. That is why we have an entire separate policy dedicated to maintaining your privacy. It details the practices taken by us to keep your personal information private and outlines any practices regarding such information.
Reselling
This section only applies if you wish to resell our products or services.
We currently have no reseller program, however, there may be certain volume discounts that may be applied in order to assist anyone who wishes to resell our products or services. Please contact us if you wish to resell our products or services. If you do decide to resell our products, you are ultimately responsible for the actions of those you resell to. Anyone who you resell to will also be bound to the terms and conditions stated in this policy and any other applicable policies posted on this site. In the case of a violation, you will be held responsible. It is your responsibility to hold your clients responsible for their actions and to enforce these policies. Also, you are ultimately responsible for collection of payment from your clients. Payment of your clients is in no way related to the payment we collect from you. Non payment or late payment from any of your clients does not nullify your obligation to make your payments to us. There are more details about payment in our billing policy
We currently have no reseller program, however, there may be certain volume discounts that may be applied in order to assist anyone who wishes to resell our products or services. Please contact us if you wish to resell our products or services. If you do decide to resell our products, you are ultimately responsible for the actions of those you resell to. Anyone who you resell to will also be bound to the terms and conditions stated in this policy and any other applicable policies posted on this site. In the case of a violation, you will be held responsible. It is your responsibility to hold your clients responsible for their actions and to enforce these policies. Also, you are ultimately responsible for collection of payment from your clients. Payment of your clients is in no way related to the payment we collect from you. Non payment or late payment from any of your clients does not nullify your obligation to make your payments to us. There are more details about payment in our billing policy
Payment
We have an entire separate policy dedicated to payments and billing. It outlines the practices we use regarding payments, billing, how your information is handled, and how your services may be affected.