You are agreeing that:
- You're at least 18 years old
- You will provide truthful information to us when you register
- You'll pay your bills on time and maintain up-to-date contact information
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE (AS DEFINED BELOW) OR ANY OF THE SERVICES (AS DEFINED BELOW) OFFERED BY Litmus Software, Inc. (“COMPANY,” “WE,” “US,” “OUR”). BY CLICKING ON THE “ACCEPT” BUTTON PRESENTED WITH THIS AGREEMENT (IF APPLICABLE), VISITING THE WEBSITE OR USING ANY SUCH SERVICES IN ANY MANNER, YOU OR THE ENTITY OR COMPANY YOU REPRESENT (“YOU”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND TO BECOMING A PARTY TO THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU ARE ACCESSING THE WEBSITE OR ANY OF SUCH SERVICES ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY OR COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF. IN ADDITION, THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD, AND THEREFORE, IF YOU ARE ENTERING INTO THIS AGREEMENT AS AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR ANY OF SUCH SERVICES.
Company may impose limits on certain features and services or restrict your access to parts or all of its services. You agree to utilize the Services in accordance with the terms and conditions of the applicable Service plan agreed to by you and Company, which may impose limits on, for example, the amount of tracked data recorded or the number of Service users (the “Plan”). Your use of the Services is limited to the number of end users (“Users”) or not limited as specified in your Plan. Your master administrative user (the “Manager”) may appoint the number of Users specified in the Plan and determine what feature permissions to grant to each such User, provided that the aggregate use of the Services by all Users and the Manager may not exceed the maximum limits (if applicable) as specified in your Plan. You shall be responsible for any breaches of this Agreement by your Manager and Users. In addition, you shall take full responsibility and liability for the security of each of your user names and passwords (including, without limitation, those assigned to your Manager and Users), and you shall be solely responsible for all use of the Services through such user names and/or passwords. You agree to immediately notify Company of any unauthorized use of any of the Services or any other breach of security known to you.
You shall obtain and operate all Systems (as defined below) needed to connect to, access or otherwise use the Services, and you shall provide all corresponding backup, recovery and maintenance services. You shall ensure that all Systems are compatible with the Services, and you shall maintain the integrity and security of your Systems (physical, electronic and otherwise). For the purposes of this Section, “Systems” means modems, servers, software, network and communications equipment and ancillary services that are owned, controlled or procured by you.
You warrant, represent and agree that you will not contribute any Submissions (as defined below) or otherwise use the Website or any Services in any manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) is in any way related to sending or tracking unsolicited commercial mail or spam; or (vii) unreasonably interferes with use of the Services by any other Company customers. Company reserves the right to remove any Submissions or Content (as defined below) from the Website or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Submissions or Content or if Company is concerned that you may have breached the immediately preceding sentence). You acknowledge and agree that you determine, in your sole discretion (through your account settings or otherwise), the Submissions that are provided to the Company by you and the Email Analytics Data (as defined below) that is collected or generated through your use of the Services, and as a result, You, and not the Company, assume all risks associated with providing such Submissions and collecting or generating such Email Analytics Data. Except as set forth in this Agreement, you agree to indemnify and hold the Company harmless from all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising out of any use or disclosure of any of your Submissions or Email Analytics Data in connection with the provision of Services. You agree to create archival copies or backup copies of all of your Submissions and Email Analytics Data, as applicable. Litmus keeps your email previews for up to one year. You warrant, represent and agree that you possess all rights necessary to provide the Submissions that you provide and to grant the licenses that you grant to the Company and to direct the Company to collect or generate the Email Analytics Data on your behalf (if applicable).
Additionally, you shall not (directly or indirectly) or permit any third party to: (i) interfere or attempt to interfere with the proper working of the Website, any Services or any activities conducted on any of the Services; (ii) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way gather information, content or other materials from the Website or reproduce or circumvent the navigational structure or presentation of the Website; (iii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (iv) use any of the Company’s confidential information to create any software, documentation or service that is similar to any of the Services or any documentation provided in connection therewith; (v) modify, translate, or otherwise create derivative works of any part of the Services, or (vi) copy, license, sublicense, sell, resell, encumber, rent, lease, time-share, distribute, transfer or otherwise use or exploit or make available any of the Services in any service bureau arrangement or otherwise for the benefit of any third party without the prior written consent of the Company, unless otherwise expressly permitted by your Plan.
Salted, Salted Services, SiteVista, Litmus, Litmus.com, the Litmus.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website and/or Services are trademarks or registered trademarks of the Company or Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and/or Services may be the trademarks of third parties.
In the course of using the Services, you and other users may provide, directly or indirectly, information which may be used by Company in connection with the provision of the Website and/or Services. You understand that you may upload or otherwise provide to Company an email design or test email (“Email Submissions”) in order to use parts of the Services. Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, sub-licensable and transferable right during the term of this Agreement to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, transmit, perform, upload, or display such Email Submissions (including all related intellectual property rights) solely in connection with performing for you or providing to you the Services. Company agrees to use its best efforts to maintain Email Submissions as confidential and to prevent disclosure of any such Email Submissions to third parties that are unauthorized to receive such Email Submissions.
In addition, you understand that you may, in your sole discretion, post information or other content to the Website Forum, as defined below (“Forum Submissions”). If you choose to post any Forum Submissions, Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, broadcast, transmit, perform, upload, or display such Forum Submissions (including all related intellectual property rights).
Unless otherwise agreed by you and the Company, in order to set up an account with Company, you must provide Company with accurate and complete billing information including legal name, address, state, zip code (if applicable), telephone number, and a valid credit card if subscribing to a monthly plan or opting to pay an annual plan via credit card. By submitting such credit card information, you give Company permission to charge all fees incurred through your account to the designated credit card. Company reserves the right to terminate this Agreement in accordance with Section 11 hereto if Customer does not provide a valid credit card or pay invoices timely for the payment of fees hereunder.
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
It is Company’s policy:
If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to the Designated Agent listed below:
Revised Date: February 24, 2015