HovClick Terms of Service Agreement -
Last Update: January 2012
Please note that we do not provide warranties for the service(s) of HovClick and may cancel service to anyone, at any time, for any reason. This contract also limits our liability. We are in no way responsible for any content that is hosted or linked to our site. Although HovClick is free to use as of July 2009, we have the right at any time to change for this service and monetize any part of HovClick.
We ask you to read the following carefully.
1. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process.
2. How You May Use the Service.
In using the service, you will:
• obey the law;
• obey any codes of conduct or other notices we provide;
• obey the HovClick Anti-spam Policy, which is available at http://www.hovclick.com/anti-spam.html
• keep your service account password secret; and
• promptly notify us if you learn of a security breach related to the service.
3. How You May Not Use the Service.
In using the service, you may not:
• engage in, facilitate or further unlawful conduct;
• use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
• use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
• damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
• resell or redistribute the service, or any part of the service.
4. You Are Responsible For Your Service Account. Only you may use your service account. You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf except where HovClick provides a mechanism for third parties to access the service on your behalf.
5. If You Are an Associated Account User. If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your associated account.
6. Your Content. You may be able to submit content for use in connection with the service. You understand that HovClick does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the content you post or provide on the service. The service includes public areas available to the general public, shared areas available to others you have selected and personal areas where you have not granted access to others. If you share content with others on the service, in either public or shared areas, then you understand and agree that others with whom you have shared content may use that content. You grant to those members of the public to whom you have permitted access free, nonexclusive permission to use, copy, distribute and display the content solely in connection with the service and other HovClick products and services. If you do not want others to have those rights, please do not share your content with them. You understand that HovClick may need and you hereby authorize HovClick to use, modify, copy, distribute and display content posted on the service to the extent necessary to provide the service. This includes:
• storing and retrieving the content;
• making the content available to you and to those members of the public to whom you have granted access or to the general public (for content posted on public areas of the service);
• conforming to connecting networks' technical requirements; and
• conforming to the limitations and terms of the service.
You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 6 and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.
7. Privacy. In order to operate and provide the service, we collect certain information about you. We use and protect that information as described in the HovClick Online Privacy Statement, http://www.hovclick.com/privacypolicy.html. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of HovClick or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of HovClick employees, customers or the public. The service is a private computer network that HovClick operates for the benefit of itself and its customers. HovClick retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service. Personal information collected through the service may be stored and processed in the United States or any other country in which HovClick or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country. HovClick abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union.
8. How We May Change the Contract. If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
9. WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors (collectively, the "HovClick parties") give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
10. Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, you’re right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. 11. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
12. Assignment. We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
13. No Third Party Beneficiaries. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
14. Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
15. Your Notices to Us.
You may notify us as stated in the customer support or "help" area for the service. We do not accept e-mail notices.
16. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:
• by e-mail at the e-mail address you specified when you signed up for your service;
• by access to a HovClick web site that will be designated in an e-mail notice sent to you at the time the information is available; or
• by access to a HovClick web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
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January 1, 2011 Did you know that you can customize hovClick to look like your web content? We’re reminding you that hovClick is completely customizable except for the hovClick “powered by.” But, you can remove hovClick branding for a very reasonable cost, click here for more.
HovClick is surprisingly easy to use because you can really make it look like your own website just by adding your own HTML. I use it for our newsletter signup and special offers.
- John T.