This document (the DOCUMENT, as referred to hereafter) contains the terms and conditions that govern your use of the SERVICE (as defined below) and imposes material limitations to your rights.
This DOCUMENT is a Legally Binding Agreement between You as a customer and Byteplant. If you are acting as an agent of a company or another legal entity, such as an officer or other employee acting for your employer, then "you" and "your" mean your principal, the entity for whom you are acting. However, importantly, even if you are acting as an agent for another entity, you may still be personally liable for violation of federal and State laws, such as copyright infringement.
By signifying your acceptance of the terms of this DOCUMENT, you intend to be, and hereby are, legally bound to this DOCUMENT to the same extent as if Byteplant and you physically signed this DOCUMENT. By using the SERVICE, you agree to be bound by all the terms and conditions of this DOCUMENT. If you do not agree to all of such terms and conditions, you may not use the SERVICE.
The rights granted under this DOCUMENT are only effective upon payment of usage fees: the SERVICE is licensed, not sold.
Service Covered by this DOCUMENT. This DOCUMENT governs your use of the email address validation service (individually and collectively, the "SERVICE"). The term "SERVICE" includes:
The SERVICE is for your individual use. You may not resell the SERVICE or any component thereof or offer derivative versions of the SERVICE either directly or through a third party without the prior written consent from Byteplant.
Transferring rights and duties to a third party requires the written consent of Byteplant.
As a condition of your permitted use of the SERVICE, you will not use the SERVICE for any purpose that is unlawful or prohibited by this agreement (e.g. namespace mining). You may not use the SERVICE in any manner that could damage, disable, overburden, or impair the SERVICE or interfere with any other party's use of the SERVICE. You may not attempt to gain unauthorized access to the SERVICE, other accounts, computer systems or networks connected to the SERVICE, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SERVICE.
The information, content and services included in or available through the SERVICE may include inaccuracies or typographical errors. Changes are periodically made to the SERVICE and to the information therein. Byteplant and/or its respective suppliers may make improvements and/or changes in the SERVICE at any time, without notice. THE USER ASSUMES ALL RISK OF USE. Byteplant and/or its respective suppliers make no expresss or implied representations or warranties about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, content, and services contained within the SERVICE for any purpose. All such information, content, and services are provided "as is" without warranty of any kind. Byteplant and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, content, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
Limitation of Liability. You specifically agree that Byteplant shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or not received, or any transactions entered into through the SERVICE. You specifically agree that Byteplant is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Byteplant is not responsible for any content sent using and/or included in the SERVICE by any third party.
In no event will Byteplant and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SERVICE, with the delay or inability to use related services, the provision of or failure to provide services, or for any information, content, services and related graphics obtained through the SERVICE, or otherwise arising out of the use of the SERVICE, whether based on contract, tort, negligence, strict liability or otherwise, even if service objects or any of its suppliers has been advised of the possibility of damages.
You may not use Byteplant's name, logo, or trademarks to market your own service or product without the express written consent of Byteplant.
The prices for the SERVICE are based upon the current price lists of Byteplant, the order confirmation, or the purchase order form. In each case the applicable VAT must be paid in addition to all specified prices.
All fees shall be due and payable on the date that customer places its order and on the first day of each renewal term.
In the event of default by customer, Byteplant may demand interest on arrears in the amount of eight percentage points above the applicable base interest rate, as well as compensation for any additional extensive damages.
Byteplant shall have the right to withhold products and services if customer is in default with payment and fails to pay the amount in arrears despite being advised of withholding of performance. This shall apply mutatis mutandis if and insofar as customer acts in gross contravention of the contract. Customer's obligation to pay the contractually stipulated prices shall remain unaffected thereby.
You agree that all right, title, and interest in and to the SERVICE (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "scripts" incorporated into the SERVICE infrastructure) and any copyrights and other intellectual properties therein or related thereto are owned exclusively by Byteplant. The SERVICE is protected by copyright laws and international treaty provisions. The SERVICE is licensed to you, not sold. Byteplant reserves all rights not otherwise expressly and specifically granted to you in this DOCUMENT.
This is the Entire Agreement. This DOCUMENT (including any addendum to this DOCUMENT included with the SERVICE) is the final, complete and exclusive statement of the entire agreement between you and Byteplant relating to the SERVICE. This DOCUMENT supersedes any prior and contemporaneous proposals, purchase orders, advertisements, and all other communications in relation to the subject matter of this DOCUMENT, whether oral or written. No terms or conditions, other than those contained herein, and no other understanding or agreement which in any way modifies these terms and conditions, shall be binding upon the parties unless entered into in writing executed between the parties, or by other non-oral manner of agreement whereby the parties objectively and definitively act in a manner to be bound (such as by continuing with the purchase of the SERVICE, etc.).
You agree to indemnify, hold harmless, and defend Byteplant and his suppliers and resellers from and against any and all claims or lawsuits, including, but not limited to, attorney's fees, which arise out of or result from your distribution of your service or product or from your breach of any of the terms and conditions of this DOCUMENT.
If for any reason a court of competent jurisdiction finds any provision of this DOCUMENT, or any portion thereof, to be unenforceable, that provision of this DOCUMENT will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this DOCUMENT will continue in full force and effect. Formatives of defined terms shall have the same meaning of the defined term. Failure by either party to enforce any provision of this DOCUMENT will not be deemed a waiver of future enforcement of that or any other provision. Except as otherwise required or superseded by law, this DOCUMENT is governed by the laws of Germany, without regard to its conflict of laws principles. In respect of any dispute which may arise concerning this DOCUMENT, the case will fall within the jurisdiction of the courts of Nuremberg, Germany.