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This policy is effective as of Mar 15, 2008.
TERMS OF SERVICE
Please read the following important Terms of Service Agreement before accessing or using any of the various services made available to you (the "Member"). ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER FOR DOCALL. By completing the registration process for the docall website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No Member may participate where doing so would be prohibited by any applicable law or regulation.
docall reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at docall sole discretion. The most recent version of this Agreement will be posted on the docall website. Although docall will provide notice of material changes to this Agreement on the docall website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with docall in any way, Member's only recourse is to immediately: (1) discontinue use of docall; and (2) notify docall of termination.
Member Conduct
Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. docall reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does docall guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, docall, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that docall deems appropriate to enforce its rights and pursue all available remedies. Without limitation, docall reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
1. Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral.
2. Members shall not list the email addresses of people unknown to them.
3. Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
4. Members shall not list as referrals any email addresses which are owned by or belong to that member.
5. Members shall not enter a postal mailing address which is fictitious, invalid, or any address other than an address where that user actually receives postal mail.
6. Members shall not attempt to interfere with any other person's use of the Services.
7. Members shall not misrepresent their identity or impersonate any person.
8. Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the docall website.
9. Members shall not use any portion of the docall website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
10. Members shall not use any portion of the docall website or the Services for uploading, posting, emailing, transmitting or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
11. Members shall not use any portion of the docall website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way.
12. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
13. Members shall not post content that displays pornographic or sexually explicit material of any kind.
14. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
15. Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
16. Members shall not attempt to gain unauthorized access to docall database or other computer systems.
17. Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by docall in connection with the docall website or the Services.
18. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the docall website.
19. Members shall not use any portion of the docall website or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of docall. docall will remove the offending material and alert the member against repeating the offense. If another direct violation of our Terms of Agreement is committed, a member's account will be fully terminated. A member is not necessarily offered a warning. An account may be terminated at any time, without notice, depending on the severity of the offense.
Privacy
docall has established a Privacy Policy to explain to Members how their information is collected and used. Member's use of the docall website or the Services signifies acknowledgment of and agreement to docall Privacy Policy. Members further acknowledge and agree that docall may disclose Member's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of docall, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. The Invite Friends feature is an easy way for docall users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations to connect with you on docall. By registering for the docall website, and by giving docall member's email address and password, a member agrees to the Terms of Service and consents to allow docall to automatically send an email from the member to member's contacts, encouraging member's contacts to register for the docall website. Invitation emails will be sent on member's behalf, with the 'from' address set as member's email address. docall will never store member's email password.
Notice Regarding Commercial Email
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM docall, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY docall FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL/SMS MESSAGES
Member Account and Password
Once Member registers for docall, Member will have a password and an account with docall. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify docall of any unauthorized use of Member's account or any other breach of security known to Member.
Termination
Either party may terminate use of the docall website or the Services with or without cause at any time and effective immediately upon written notice to the other party. docall may terminate with or without cause at any time and effective immediately, at docall sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. docall shall not be liable to Member or any third party for termination of use of docall or the Services. Member's right to use docall or the Services shall cease immediately. Member shall have no right and docall will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
DISCLAIMERS OF WARRANTIES
MEMBER AGREES THAT USE OF THE docall WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE docall WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, docall DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE docall WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, docall DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE docall WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE docall WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, docall DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE docall WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL docall BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE docall WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE docall WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE docall WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE docall WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE docall WEBSITE OR THE SERVICES OR ANY LINKS ON THE docall WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE docall WEBSITE OR THE SERVICES OR ANY LINKS ON THE docall WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnification
Member agrees to indemnify and hold docall, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold docall harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.
Agreement
The Agreement constitutes the entire agreement between Member and docall and governs your use of docall and the Services, superseding any prior agreements between Member and docall. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of docall to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
PRIVACY POLICY
User Privacy
Like any website that offers a service where you register and provide information about yourself or your opinions, it is wise to pay attention to your personal information. At docall we understand this, and have established this Privacy Policy to explain how information is collected on our website, and how this information is used. Members Must Be 13 years of age or older. docall is intended solely for use by persons 13 years of age or older. All persons under 13 are prohibited from registering on docall.
Cookies and Passive Data Collection
docall logs standard user information and clickstream data for all users, including a user's IP address, operating system, and page views. When users visit particular pages within docall, a UserID may be placed in the URL, allowing customized features for the user. Users should be aware that other websites visited before entering docall might place personally identifiable information within a user's URL during a visit to their website, and docall has no control over such websites. Accordingly, some of this information may be logged by a subsequent website that collects URL information. In addition to the standard log information, docall uses a variety of technologies to create a more personalized experience for its users. Cookies are small data files sent by websites to a user's browser and hard drive that identify the computer to the website. We use cookies to allow enhanced features, such as allowing registered users to bypass typing their passwords before entering the website. We may also use cookies to enable customizable content for users, as they become available. Users have the option, within their Internet browsers, to disable cookies and continue to access the docall website. Pixel tags are tiny graphic files that are included in HTML-encoded e-mail messages. We use pixel tags to gather information about the e-mails we send to our registered users. When such a message is opened in an HTML-capable e-mail program, the recipient's computer accesses our server to retrieve the pixel tag file, and allows us to record and store the date and time, the recipient's e-mail address, and other standard logging information. The pixel tag also may read cookies. docall web pages may also contain similar pixel tags that allow us to count users who have visited those pages, to compile aggregated statistics about site usage, and to deliver co-branded services as they become available. docall pixel tags collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the pixel tag resides. docall web pages may also contain pixel tags placed there by third party ad servers, to monitor the effectiveness of their advertising.
How docall Uses the User Information
Personally Identifiable Information
docall uses personally identifiable user information for the purposes of the docall website, the docall referral and friend list building. Email addresses are used for the purposes of inviting new friends to join docall and to add users to members' friends' networks. We also use email addresses to send useful information to all registered users regarding the docall website. For example, we use email addresses of users, and of those persons provided on their referral lists, to send an invitation to the referred friend and encourage them to sign up on docall. When a user registers on docall, an email is automatically sent from the registered user to the email addresses listed on the user's referral page, encouraging the referral to sign up on the docall website. If the referred person does not sign up within a few days, we also may send a reminder from the registered user to the referral address.
Invitations
The Invite Friends feature is an easy way for docall users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations to connect with you on docall.
Surveys and Contests
At various times we may offer surveys or contests to users. Surveys may ask for contact, demographic or unique identifying information to increase the value of the results. Contests may require contact information or other demographic or personally identifiable information in order to determine eligibility. docall may use information collected from surveys and contests for the entertainment of users, and to determine, notify and contact winners of various contests. In addition, users' demographic and/or personally identifiable information and responses to survey and contest questions may be used by docall and/or shared with third parties in order to provide specifically tailored special offers or advertisements. docall will not share a user's email address with third parties unless the user specifically opts-in to such sharing during the completion of or registration for a survey or contest.
Third Party Links and Ad Servers
Please be aware that links to third party websites and third-party ad server advertisements that are found on docall may, or may not, use cookies, pixel tags and web tags. docall may provide links to third party websites, which may, or may not, use cookies, pixel tags and web tags. Ad servers may also use these tools to compile information about where users saw particular advertisements, and to determine which ads were clicked on. We are not responsible for, or have any control over, the privacy policies of those third party websites and ad servers, and encourage all users to read the privacy policies of each and every website visited when linking directly from docall.
Change of Ownership
In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of docall user information, including email addresses and postal addresses, to a separate entity. All registered users will be notified of any change in ownership, merger or acquisition of docall assets by a third party, and may choose to modify any of their registration information at that time.
Revisions to This Policy
docall reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the website, and a user's continued use of docall will signify agreement to such changes.
Contacting docall
Users with questions about this Privacy Policy and any of the aforementioned statements may contact docall at admin@docall.com
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY.
Effective Date Mar 15, 2008. |