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 may be required to identify the entity for which you are requesting these services (e.g.: company, an employer, a client or for personal use, such as for research or an interview).

These terms of service were last updated August 15, 2017.

Highlights

Your Account: We offer both free and paid services.

Content: Content on our website or within our social media posts is shareable via the links provided. Do not share the Content itself. Other sharing is not permitted without prior written consent from Accubase.

Your Use of Services:

  • As a paid Subscriber, we will only share Personal Information with Solution Providers regarding your interest in their services 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 or Content.

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 or augmented reality content.

Custom Document: Any document or Content produced for a Participant that is not publicly published within Site.

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 Prospects, Customers and Solution Providers.

Personal Information: First Name, Last Name, Email address, Phone number and Company Name.

Request: A set of information submitted by a Participant via phone, email, text or web that requests a response from Company.

Confidential Request: A Request where the Participant prefers the information contained in the Request is not disclosed to Solution Providers until Participant gives consent. This excludes Third Parties with whom Company does business to provide Services.

Services: Any online or offline products or services provided by Company, including all Content and Custom Documents.

Site: All online web properties of Company, excluding any Custom Documents produced for Participants.

Solution Provider: A company that provides marketing or technology solutions, typically in the form of software, technology, services, consulting or a combination thereof.

Solution Provider Information:  All information associated with a Solution Provider’s company, product or service, such as, but not limited to: Company Name, Company Address, Website, Marketing Materials, Social Media URLs, Recent Acquisitions, Product and Service Information,  Technical Information and Compatibility with other systems.

Third Party Services: services provided by a company for the benefit of Services or Participants.

Your Account

If you have a paid subscription to Services, you and you only may use approved Content within Services for personal or business use, depending upon the nature of your account. Contact us at service@accubase.net to add access to free or paid Services or Content for others. Upon submission of your account registration information, Company shall have the right to approve or reject the requested registration.

If a person obtains unauthorized access to your account, Content or Services, please notify service@accubase.net immediately. You are responsible for all activity on your account.

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 written 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 defined 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 any applicable fees and under the terms described in this agreement.  You agree that your use of Services is solely for your personal or business use. The Participant may, free of charge, make a single copy in paper or electronic form of approved information appearing in Service 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.

The Participant will:

  • Use reasonable efforts to protect Content within Services from being distributed without permission from Company.
  • If Participant is a Subscriber to Accubase, Participant will use reasonable efforts to provide information to Company regarding any Marketing Technology purchases they make or plan to make if required by their requested Services.
  • 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.
  • If desired, share blog posts and pages from the Site using the tools provided on the Site or as links, such as with email and social media connections.

The Participant will not:

  • Use Services for personal or 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 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 have questions about corporate accounts, please contact us at info@accubase.net.

We do not have any liability regarding recommendations, referrals, suggestions or answers provided by other companies or from Services we provide at no charge. 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 and your requests.  If you choose to submit a Confidential Request, we will not share the Request information with Solution Providers until we receive your consent. However, if you are requesting us to maintain confidentiality, we may need to provide one or more Solution Providers with anonymized information about your prospective purchase, depending upon the nature of your request.

We reserve the right to send email to you to inform you about additions and modifications to Services. 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.  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 and is non-refundable. All annual subscription services are renewed automatically with advance notification.

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, at our sole discretion, suspend or terminate your account, Services, Content, subscription or purchase 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.