Cardbrowser Terms of Service
The CardBrowser terms of service on this web page govern your CardBrowser subscription. You agreed to these terms of service when you signed your CardBrowser subscription, and you are required to click a check box on the CardBrowser User Login page agreeing to these terms of service each time that you login to the CardBrowser service. ATTENTION CARDBROWSER AUTHORIZED RESELLERS: Item 21. below are terms of service specific to CardBrowser Resellers.
- You must be a Subscriber in order to log in to CardBrowser. To become a Subscriber, you must be in possession of a fully executed copy of a CardBrowser Subscription Agreement. If you are a Subscriber, you may not share your user ID and password with anyone – including your co-workers. Each CardBrowser authorized user is required to have their own Login ID and password.
- Payment for your CardBrowser Subscription is due immediately upon signature of your CardBrowser Subscription Agreement, unless otherwise stated on your Agreement or in writing. Payment is due in full regardless of whether you have logged in to the CardBrowser database, and regardless of the usage level of your CardBrowser Subscription. You acknowledge that PeopleComm, Inc. incurs costs associated with your CardBrowser subscription, immediately upon signature of your agreement. These costs include but are not limited to account activation, customer service preparation for your getting started support which may include research, CardBrowser downloads, adding new events to the CardBrowser calendar related to your market, administrative time spent collecting your subscription fee if there are special payment terms, and other.
CARDBROWSER RENEWAL POLICY and renewal payment – for all CardBrowser subscriptions paid by credit card – your CardBrowser subscription will automatically renew and your credit card will automatically be billed for the renewal (at the same cost as your prior agreement) within 30 days of your renewal date or within 30 days from the 1 year anniversary of the start date of your last subscription agreement (whichever is first). By signing a CardBrowser subscription and agreeing to the CardBrowser terms of service on this web page, you are agreeing to an automatic renewal of your CardBrowser service. All CardBrowser terms of service on this web page including No Refunds apply to your CardBrowser renewal agreement. If you would like to opt out of the automatic renewal of your CardBrowser service, then send your request in writing 30 days prior to the expiration date of your current agreement. CardBrowser renewal price protection – PeopleComm, Inc. guarantees that all renewals will be billed at the same rate as the agreement which is expiring, even if that rate was promotional pricing or otherwise negotiated when you signed your prior agreement. If you intentionally or unintentionally reverse the credit card charge for your CardBrowser renewal agreement, then you will be responsible for paying the full amount of the renewal plus a 20% violation of service penalty within 5 business days from the date that the credit card charge was reversed. Send inquiries regarding renewals or your request to opt out of the automatic renewal of your CardBrowser service to firstname.lastname@example.org
CARDBROWSER EXPIRATION DATE POLICY – for all CardBrowser subscriptions that are expiring and not renewing – your CardBrowser subscription will expire on the “End Date” written on your CardBrowser subscription agreement. If your End Date is on a weekend (Saturday or Sunday), then your CardBrowser subscription will expire on the Friday (at Noon EST) just prior to the End Date written on your CardBrowser subscription. This expiration date policy is in place because a CardBrowser employee is required to deactivate an expiring account, and CardBrowser employees do not work on weekends. For CardBrowser ‘Download’ customers (those with access enabling you to download the contact information from the results of CardBrowser searches) – your CardBrowser account will remain active so that you can login, search and view business card records, from the start date until the end date of your subscription. The ‘Download’ feature shall be de-activated from your account 30 days prior to the end date of your subscription. This will assist you with complying to the Terms of Service Item number 5. below which requires you to delete all CardBrowser data from your internal systems and notifying internal users that they are no longer permitted to use the CardBrowser data. If you renew your service on or before the end date of your subscription, then the ‘Download’ feature shall be re-activated.
- There are no refunds, under any circumstances, for your CardBrowser subscription.
- If you fail to make payment for your CardBrowser Subscription per the terms of your fully executed CardBrowser Subscription Agreement, then you agree to pay for all legal and collection costs associated with collection of payment on your account – which may exceed the actual cost for your CardBrowser subscription.
- PeopleComm, Inc. authorizes you to search, view, and download business card records (single user or multi-user according to your subscription agreement) from the Cardbrowser.com web site and database solely for your personal, noncommercial use (You can not sell, rent or share CardBrowser data with anyone else. You can not transmit email to CardBrowser contacts for or on behalf of anyone else including but not limited to your customers and / or business partners). You must be an active CardBrowser subscriber in order to continue using any of the CardBrowser data. If your CardBrowser subscription expires, and you do not renew on or before the end date of your subscription, then you are responsible for deleting all CardBrowser data from your internal systems and notifying internal users that they are no longer permitted to use the CardBrowser data. If PeopleComm, Inc. learns that you are using CardBrowser data without an active CardBrowser subscription, then you shall be immediately obligated to pay the full cost of a CardBrowser download subscription – and you authorize PeopleComm, Inc. to immediately bill your credit card on file that was used for your previous CardBrowser subscription. If PeopleComm, Inc. learns that you have transmitted email to CardBrowser contacts for or on behalf of anyone else including but not limited to your customers and / or business partners, then you shall be immediately obligated to pay the full cost of a CardBrowser download subscription – and you authorize PeopleComm, Inc. to immediately bill your credit card on file that was used for your CardBrowser subscription. If PeopleComm, Inc. does not have your credit card on file (or if your credit card on file is no longer valid or is declined), then you shall make payment via wire transfer or check within one calendar week from the date that you are notified of any violation of the CardBrowser service.
- You may not sell or modify information found on the website or reproduce, display, publicly perform, distribute, or otherwise use the information in any way for any public or commercial purpose. The use of the information on any other web site or in a networked computer environment for any purpose is prohibited.
- You shall not copy or adapt the HTML code that the website creates to generate its pages.
- Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation,
- a. accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
- b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
- c. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”,
- d. sending unsolicited spam e-mail including promotions and/or advertising of products or services
- e. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. PeopleComm, Inc. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- The Web Site may be used only for lawful purposes by individuals seeking to network with other individuals. PeopleComm, Inc. specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
- a. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
- b. Taking any action which imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.
- c. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose, or printing and sharing any of the information on this Web Site with unauthorized users.
- d. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- e. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. PeopleComm, Inc. does not represent or guarantee the accuracy, or reliability of business card information located in CardBrowser. You acknowledge that any reliance on material found in CardBrowser will be at your own risk.
- You agree not to resell or assign your rights or obligations under these Terms of Service. You agree that if your company is acquired by another company or merged in to another company, then that company may not use the CardBrowser service and / or CardBrowser contacts except on behalf of and exclusively for the specific products and / or services or brands which belonged to your company prior to the acquisition or merger. If your company is acquired by another company or merged in to another company, and that company utilizes the CardBrowser service and / or contacts (including but not limited to broadcasting email messages to CardBrowser contacts) for anything other than the specific products and / or services or brands which belonged to your company prior to the acquisition or merger, then that company shall be obligated to the full cost of a CardBrowser one year subscription and PCI shall immediately invoice them for such. You also agree not to make any unauthorized commercial use of the CardBrowser service and the CardBrowser contacts.
- The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $100.
- You agree in the event CardBrowser or it’s agent requests information pertaining to your account that you will provide said information within 24 hours of notification.
- You agree that through your use of the CardBrowser website to agree to abide by the laws of the State of New York.
- You agree that the forum for all litigation as a result of misuse of the CardBrowser website shall be the State of New York, not withstanding conflict of laws rules.
- You acknowledge that the transmission of unsolicited commercial e-mail (UCE or SPAM) is against both the policies of CardBrowser and illegal in the State of New York, and will be vigorously prosecuted when detected.
- You acknowledge and agree that if PeopleComm, Inc. must bring an action for breach of this agreement due to any violation including but not limited to unauthorized contact with business card contacts, failure to adhere to the automatical renewal policy as defined in item 2. above, or other, you will be responsible for attorney’s fees and costs associated with the action.
- You agree that the name “CardBrowser” and all associated information on the CardBrowser website is the intellectual property of PeopleComm, Inc., and their unauthorized use constitutes copyright and /or trademark infringement.
- PeopleComm, Inc. reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by PeopleComm, Inc., upon any breach by you of these Terms of Service or if PeopleComm, Inc. is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.
- The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms of Service or the law.
- CardBrowser is a unique product offering access to a database of business cards. You agree that by accessing the database only once you have waived all rights to any refunds of fees paid to PeopleComm, Inc.
- ATTENTION CARDBROWSER AUTHORIZED RESELLERS: All CardBrowser Resellers must have a fully executed CardBrowser Authorized Reseller Agreement (or an addendum to a CardBrowser subscription agreement authorizing them as a Reseller) which includes either a) the CardBrowser Authorized Reseller Fee paid in full or b) a credit card on file authorizing payment in full of the CardBrowser Authorized Reseller Fee per a scheduled payment plan. If a CardBrowser Authorized Reseller has given PeopleComm, Inc. a credit card for an initial payment, then they are authorizing us to use that same credit card for all scheduled payments in connection with their CardBrowser Authorized Reseller Fee.