Updated on January 8, 2019
(1) Restrictions on Use of Site
The Site is provided by Castle Telecom and available only to entities and persons over the age of legal majority and capable of entering into a legally binding agreement under applicable law. If you do not qualify, you are not permitted to use the Site. In addition to other restrictions set forth in these Terms, you agree that:
- You shall not disguise the origin of information transmitted through the Site.
- You will not place false or misleading information on the Site.
- You will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by Castle Telecom.
- You will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or the Site, that infringes the intellectual property rights of another, or otherwise impairs the ability of other users to access or use the Site.
- Certain areas of the Site are restricted to customers of Castle Telecom.
- You may not use or access the Site in any way that, in Castle Telecom’s judgment, adversely affects the performance or function of the Site, or the services offered via the Site, or interferes with the ability of authorized parties to access or use the Site, or the services offered via the Site.
Castle Telecom gives you permission to view, copy, print, and distribute Castle Telecom’s informational material appearing on this Site, subject to other restrictions set forth in these Terms, and the following conditions:
- Site code, including source code for any applications, functionality or features offered via the Site, is expressly excluded.
- Material may be used only for your internal, informational, non-commercial purposes.
- Any copy of the material, or portion thereof, must attribute ownership of all intellectual property rights to Castle Telecom or the rightful owner.
- You may establish a hypertext link to the Site from your website so long as the page containing the link properly attributes the linked site to Castle Telecom and does not in any way imply Castle Telecom’s sponsorship of your site. However, you may not, without obtaining Castle Telecom’s written permission, republish, redistribute or otherwise make any copies of the materials on the Site as a part of the link, including by framing or similar means, or otherwise.
- No other use of the material within this Site or portion thereof is permitted without the express written consent of Castle Telecom.
(2) Scope and Applicability
These Terms govern your access and use of the Site, including all applications and functionality available via the Site, except to the extent such access or use is the subject of a separate agreement, in which case additional terms or agreements may apply to the access or use of certain services or functionality provided by Castle Telecom via the Site.
(3) Modification of Site and Terms
Castle Telecom may, in its sole discretion, modify or amend these Terms, in whole or in part, at any time. Castle Telecom, in its sole discretion, may also modify, supplement, delete or update, without notice, any aspect of the Site, in whole or in part, at any time. Your continued use or access of the Site after any changes to these Terms or changes to the Site shall signify your acceptance of those changes.
(4) License and Ownership
The Site is the sole property of Castle Telecom. Any and all rights, including, without limitation, intellectual property rights, associated with the Site, including, without limitation, rights to its content, code, and applications, are the sole property of Castle Telecom, its affiliates or third parties. The Site is protected by trademark, copyright, other intellectual property and other laws in both the United States and other countries.
Except as otherwise expressly authorized by these Terms, by applicable law, or by a separate agreement governing the services provided to you by Castle Telecom, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any portion of the Site in any way without Castle Telecom’s or the appropriate third party’s prior written permission. Except to the extent allowed by applicable law, you agree that you shall not reverse-engineer or attempt to reverse-engineer any portion of the Site. Except as expressly provided herein, Castle Telecom does not grant to you any express or implied rights to the Site or to Castle Telecom’s or any third party’s intellectual property.
Castle Telecom grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site only in the manner presented by Castle Telecom, and only for the purposes intended by Castle Telecom. Except for this limited license, Castle Telecom does not convey any interest in or to the Site or any other Castle Telecom property by permitting you to access or use the Site.
(5) Content and Liability Disclaimer
Castle Telecom uses reasonable efforts to include accurate, complete and current information on this Site. However, Castle Telecom does not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it.
THIS SITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THIS SITE IS AT YOUR OWN RISK. Castle Telecom, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Castle Telecom MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY Castle Telecom IN THESE TERMS OR IN A SEPARATE AGREEMENT BETWEEN YOU AND Castle Telecom.
Castle Telecom, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF Castle Telecom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
(6) Submissions or Contributions
Any comments, suggestions or other information you send to Castle Telecom is provided without restriction or obligation on Castle Telecom and (a) will not be considered confidential or proprietary, (b) Castle Telecom and its affiliates are under no obligation to keep such information confidential, and (c) Castle Telecom will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such submissions in any manner it chooses.
(7) Consent to Monitoring
Castle Telecom is under no obligation to monitor the material residing on or transmitted to this server. However, anyone using this server agrees that Castle Telecom may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests, or (2) to operate the server properly or to protect itself and its users. Castle Telecom reserves the right to modify, reject or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.
Castle Telecom systems and applications with access control may be used ONLY by authorized users. User processing activities will be monitored for administrative and security purposes. Anyone using these systems or applications expressly consents to such monitoring and to the use of any evidence of unauthorized access, use or modification for criminal prosecution.
(8) Compliance and Conduct
You agree to use the Site in strict compliance with all applicable laws, rulings, and regulations and in a manner that does not, in Castle Telecom’s sole judgment, negatively reflect on the goodwill or reputation of Castle Telecom. You further agree that you shall take no actions which would cause Castle Telecom to be in violation of any laws, rulings or regulations applicable to Castle Telecom. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site. You agree not to use the Site in any manner that might interfere with the rights of third parties.
EXCEPT AS OTHERWISE AGREED UPON, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE STATE OF NEW MEXICO, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
You agree to indemnify, defend and hold harmless Castle Telecom, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or any violation by you of these Terms.
(11) Account Signup and Security
If you sign up for an account on the Site, you agree to provide, truthfully and accurately, all information requested by Castle Telecom during the signup process. This information is required by Castle Telecom to verify your identity, to establish your account, and to set up any services you may obtain. If Castle Telecom, in its sole judgment, has any reason to doubt the accuracy or legitimacy of the information provided, or has any reason to doubt that the information provided is sufficient to verify your identity, Castle Telecom may deny you an account, terminate or suspend your existing account, or terminate or suspend your access to or use of the Site. By signing up for an account on the Site, you authorize us to communicate with you regarding your account using any of the personal information you provided. If you register for an account on the Site, you are responsible for maintaining the confidentiality of your account login and password information, and for restricting access to your computer, or computers you use, to prevent unauthorized access to your account. You agree to accept all responsibility and liability for all activities that occur under your account.
You agree that Castle Telecom, in its sole discretion, may terminate or suspend your use of the Site at any time and for any or no reason. Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Site. Accessing the Site, after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Castle Telecom shall not be liable to you or any third party for any termination or suspension of your access to the Site.