Introduction

Welcome to the Site, Accubase.net (“Site”), and its associated products and services (“Services”).  By using any of these Services, you are agreeing to abide by these terms of service between you and Accubase Inc. (“Company”, “our”, “us” or “we”).

We may modify these terms of service at any time in the future at which time they will become effective upon posting.  As a subscriber, you will receive notification of these changes via your registered email address and will be able to review these terms at this location.  By continuing to use the Site you are agreeing to these terms. You represent that you have the legal authority to enter into this agreement and to be bound by its terms. Whether you purchase Services for yourself or on behalf of a company, you must identify the entity for which you are purchasing these services (e.g.:company, an employer or a client).

These terms of service were last updated August 18, 2016.

Highlights

Your Account: We offer both a free and paid subscription to our services. These services are distinctly different and are designed for an individual who may purchase them on behalf of themselves or a company.

Content: While content on our site is shareable via the mechanisms provided, please do not share the Content itself. Stated simply, if we create a social media post, the post is shareable. If the Content is on our website or an electronic document, it is shareable as links or from our share buttons. Other sharing is not permitted without prior written permission from Accubase. If you are interested in using our Content in any form, please contact us.

Your Use of Services:
  • Accubase Blog: You may sign-up or follow the Company blog by supplying your email address at the bottom of any Site page. All blog articles may be freely shared via links or social media site posts.
  • Accubase has a number of guidelines for using these Services. These are to protect you and us.
  • As a Subscriber, all information you provide us is treated as confidential. We will share information with Solution Providers with regard to your interest in their services only with your consent.
  • All Content and custom research provided as part of Service is for your personal or business use, depending upon the nature of your account. You may print one copy for your use. Sharing this information within your organization or with a client requires you to contact us to add or delete the people who need access to the Service.

Thank you for considering Accubase to better understand Marketing Technologies. Please read the full Terms of Service and enjoy the use of our Services.

Definitions

Content: Information submitted to, embedded within or published to Services that include, but are not limited to: news articles, blog posts, text, messages, information, data, photographs, images, illustrations, links, documents, software, actual or embedded audio files, actual or embedded video files and virtual reality files.
Customer: Any individual or company having subscribed to, registered with or purchased a Service from Company.
Customer Information: All information about a Customer including personal information and non-personal information.
Non-personal Information: All information received from a Customer that after it is anonymized, does not contain personally identifiable information.
Participant: Any individual or company having visited, followed or engaged with any Service, including Customers and Solution Providers.
Personal Information: First Name, Last Name, Email address and Phone number.
Request: A set of information submitted by a Participant via phone, email, text or web that requires a response from Company.
Confidential Request: A Request where the Participant prefers the information contained in the Request is not disclosed to any Third Party until Participant gives consent.
Services: Any online or offline Services provided by Company.
Site: All online web properties of Company.
Solution Provider: A company that provides marketing technology solutions, typically in the form of software, technology, services or a combination thereof.
Solution Provider Information:  All publicly available information associated with a Solution Provider’s company, product or service, such as Company Name, Company Address, Website, Marketing Materials, Social Media URLs, Recent Acquisitions and Compatibility with other systems.
Third Party Services: Any service provided by a company for the benefit of Services, Participants or Customers.

Your Account

If you have a paid subscription to Services, you may use all Content within Services for business use. You may not share your access to Services or the information contained therein with any other person, employer or company without permission from us. You may not use an individual subscription for more than one employer, account or contract without written permission from Company. Upon submission of your account registration information, Company shall have the right to approve or reject the requested registration. The registration process may require an email address and password. You are responsible for maintaining the confidentiality of your password.  You may not (i) select or use the login credentials of another person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive.

If a person obtains unauthorized access to your account, please notify service@accubase.net immediately. Include any information associated with any known or suspected breaches of your account or login credentials. You are responsible for all activity on your account.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion.

Privacy and Copyright Protection

The Services and Content are protected by US and International copyright law. Participants may not modify, publish, transmit, resell, reproduce (e.g.: print to paper or a file), create derivative works from, distribute, display or in any way exploit the Services or Content in whole or in part without permission from Company or the copyright owner as identified in the Content unless otherwise stated in this agreement.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.  The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: legal@accubase.net or Julia Sutherland, Seyfarth Shaw LLP., 131 S. Dearborn Street, Suite 2400, Chicago, IL 60603, telephone: (312) 460-5000, facsimile: (312) 460-7000, e-mail: jsutherland@seyfarth.com.

Trademarks

The marks used and displayed within the Services and Site, including but not limited to logos, trademarks and service marks, are the property of their respective owners and are protected by copyright,  trademark and other laws. Company use of any organization’s trademarks or service marks does not represent or imply a specific relationship with the organization.

Your Use of Services

Company hereby grants you a non-exclusive, non-transferable license to access and use Services for the associated fees (if any) and under the terms described in this agreement.  You agree that your use of Services is solely for business use. The Participant may, free of charge and on an occasional basis, make a single copy in paper or electronic form of an individual article, category listing, product profile or blog post appearing in Service for personal, non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicating that Company is the source of the material. For all other uses please contact the Permissions Department by email at Permissions@accubase.net for information and instructions.

Except as expressly permitted in this Agreement, Services may not be reproduced, transmitted, or distributed in whole or in part without Company’s permission. The Participant may not commingle any portion of Services with any other information and shall not edit, modify, or alter any portion without written consent of Company. All Site content is either the property of Company, its subsidiaries, its affiliates or is licensed to Company from a Third Party. The Participant shall honor all reasonable requests by Company to protect its proprietary interests in all Services.

Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote Services, Solution Providers, partners, and other products available in the United States, its territories, possessions, and protectorates. The Site and Services are controlled and operated by Company from its offices in the state of Florida in the United States. Company makes no representation that materials on the Site or within Services are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The Participant will:
  • Use reasonable efforts to protect Content within Services from being distributed without permission from Company.
  • Use reasonable efforts to provide information to Company regarding any Marketing Technology purchases they make or plan to make.
  • Be courteous and not act inappropriately toward other Participants.
  • Use respectful language and not discriminate on the basis of age, disability gender, nationality, race, region, religion or sexual preference.
  • Share blog posts and pages from the Site using the tools provided on the Site, such as email and social media connections and do this at their own discretion.
  • Share Content distributed by Company within various news, public relations, social media and similar sites at their own discretion.

The Participant will not:

  • Use Services for commercial purposes without the written permission of Company.
  • Upload, distribute, redistribute or publish any libelous, defamatory, obscene, vulgar, pornographic, indecent, lewd, suggestive, abusive, invasive of another’s privacy, exploitative of minors, hateful, harassing, threatening, damaging, fraudulent, or racially, religiously, ethnically or otherwise objectionable, or otherwise illegal Content to Services.
  • Input, distribute, upload, post, email, transmit or otherwise make available any other Content through Services that Participant does not have the right to make available under any law or under contractual or fiduciary relationships.
  • Use Services for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation.
  • Violate the security of Services or attempt to gain unauthorized access to Services, data, materials, information, computer systems or networks connected to any server associated with Services, through hacking, password mining or any other means.
  • Frame, mirror, host or otherwise distribute the Content or Services without written permission from Company.
  • Impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity.
  • Submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content.
  • Use any robot, spider, scraper or other automated means, with the exception of RSS feeds, to access Services for any purpose without written permission from Company. Additionally, you agree you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on the infrastructure of Services; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.
  • Create separate user accounts with the intention of artificially inflating the count of Participants or activity associated with any Service.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content.
Company Services
  • This Participant agreement applies to all individuals and companies using Services.
  • If you are a Solution Provider, additional terms may be found here.
  • If you are a Participant supplying Content, our Editorial Policy may be found here.
  • If you have questions about corporate accounts or are a writer, blogger or reseller, please contact us at info@accubase.net.

We do not have any liability regarding recommendations, referrals, suggestions or answers provided by other companies. If you are a paid Subscriber, please see our limitation of liability statement for further information.

If you request information from Services regarding Solution Providers and their products, we may share your Customer Information with Solution Providers to fulfill our Services.  If you choose to submit a Confidential Request, we will not share the Request information with any Solution Provider until we receive your consent. However, if you are requesting us to maintain confidentiality, we may need to provide the Solution Provider with anonymous information about your prospective purchase.

The Services may contain links to other websites, resources, advertisers or Third Party Services.  If a link is broken, you may submit this information to webmaster@accubase.net.

We reserve the right to send email to you to inform you about additions or modifications to the Services. We reserve the right to publicly disclose anonymized aggregated demographics and statistics about Participants, provided it does not reveal any personally identifiable information. As a Participant or Customer, we may contact you via email, phone, social media sites or other channels for business reasons.

Fees & Payments

You will be given notice of any Services that require a fee.  If we begin charging for a Service that was free when you registered, we will give you advance written notice of this change and any fees associated with future purchases. In the event you purchase Services for which we charge, you will be responsible for payment associated with all Services and related taxes. Payment is due in advance. All annual subscription services are renewed automatically with advance notification and are given net15 terms.

Changing or Terminating Services

As an individual Subscriber, you may cancel your Services at any time upon 30 days written notice to cancel@accubase.net. When your cancellation is fulfilled, you will not have access to Services or Content from Company. Restrictions with respect to all Services and Content will remain in effect before and after the cancellation.

We may, in our sole discretion, suspend or terminate your account, subscription or purchases for any reason, including, without limitation, breach or assignment of these terms of service.

Notices

All notices to Company should be sent in writing via either email or postal service:

Email: info@accubase.net
Address:
Accubase Inc.
2178 Calusa Lakes Blvd.
Nokomis, FL 34275

Company will send all notices to Participants based on the company and contact information supplied during Registration.

Warranty

You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old.

Indemnification

You hereby indemnify, defend and hold harmless Company and all officers, directors, owners, agents, employees, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and expense arising from claims, losses, damages, suits, judgments, litigation costs (including reasonable attorneys fees) made by any third party due to a breach by you of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Disclaimer

THE SITE AND ALL SERVICES, CONTENT AND SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous

These Terms of Service were made and shall be enforced in accordance with Florida law.