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Terms of Use

This Acceptable Use Policy specifies certain actions prohibited by UNCOMMON SQUARE (henceforth known as US) for users and clients of the US Network along with any materials contained in sed websites as designed by US. US reserves the right to modify this Policy at any time to stay in compliance with any laws, regulations and security requirements. By using US services, any customer, employee or third party unconditionally accepts the terms of this policy.

ILLEGAL USE

The US Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; and material that, in US’s sole discretion, is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Any violation of the above which compromises the integrity of the US Network or any other network is strictly prohibited.

NETWORK AND MACHINE RESOURCES

US reserves the right to monitor and allocate network and machine resources. IP addresses are allocated per server and according to virtual server specifications. Cgi resources are allocated one per domain (a virtual host is required for each cgi-bin and is considered a virtual host). US in its sole discretion and upon reasonable notice to customer reserves the right to discontinue any hosting account and/or any script which causes excessive server load and/or uses excessive server and network resources.

To protect Internet, network, and machine resources on behalf of the entire US customer base, no individual customer may do the following:

  • Resell or give away web space under a domain name, or create “sub-domain” websites on behalf of other companies, groups, or individuals (Customers interested in reselling US’s web hosting services should utilize the US Reseller Program.);
  • Use their website to store web pages, files, or data for other IP addresses or domain names, or as a repository for files, data, or “Warez group” download transfer;
  • Use their website for data transfer from any database server, or for streaming audio and/or video downloads; or use their website as a storage area for files that are not linked to the customer’s web pages hosted on the same website on US's servers;
  • Offer adult content, mp3 downloads, or software downloads; or
  • Utilize CGI/PERL chat, JAVA chat, or any other chat scripts in a manner that adversely affects the operations or performance of other US customers, or of the US system or network. The adverse effect of such use shall be determined by US in its sole discretion.

US may immediately suspend service without prior notice to any website that violates these rules. In the event of any dispute regarding these rules, US may determine violations of these rules in its sole discretion.

Customers utilizing bandwidth in excess of plan limitations, or in violation of these rules, will owe US compensation therefor at the applicable rate for excess bandwidth.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. US will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. US respects the privacy of customer data and vigilantly protects that data and ALL customers who host with US. If any violation of the law or this AUP is suspected, US reserves the right to investigate. Use of the US network constitutes consent to monitoring. Examples of unlawful acts, system, or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.

EMAIL

Sending unsolicited email messages, including, without limitation, unwanted advertising and informational announcements, is explicitly prohibited, whether sent in bulk or not, and whether commercial in nature or not. The use of US resources to sell or enable the sale of "bulk" and/or "stealth" email software (to include so-called "spoof" software) is strictly forbidden. The use of US resources to sell or enable the sale of software designed to "harvest" email addresses is also categorically prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site owner. Legitimate mailing lists and subscriber lists are acceptable. Otherwise, it is spam.

USENET

Posting the same messages to multiple newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is expressly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN US CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

For Example: If you are hosting a bulk email site on US servers and you use another ISP to SPAM from in order to reference your US site by IP address or domain name, you are violating US policy and possibly the law. If you have been granted telnet access to US servers, multiple telnet log-ons are strictly prohibited and you must come from a valid IP address. Forgery is against the law. Any type of denial of service attack from valid or invalid addresses is a violation of US security policy and against the law. If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited.

COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act provides limitations for service provider's and web designer's liability relating to material online with regard to information residing, at the discretion of the user, on a system or network that the service provider controls or operates or websites designed therein. 17. U.S. 512(c). US does not tolerate any pornographic material or spamming and both infringements will result in an investigation and possible termination and removal of the site without a refund. US prides itself as a responsible member of the Internet community and is committed to protecting the integrity of its data and providing quality service to all US customers all of the time.

All clients and customers of US, will henceforth release all liability and risk of infringement of any materials used within each website. It is the sole responsibility of the owner of each websites’ business, service or informational source to its copyright and/or infringement therein. Any content contained with each website is deemed to be compliant with all copyrights explicit or implied and is to be deemed as such by the owners of each business or informational source.

US shall not be liable for any damages allegedly sustained from the use of such information, products and services that may be otherwise copyrighted. US's only liability in the event of errors shall be the correction or removal of the erroneous information after verification. In case US can not access the information to correct such problems, actions must be taken with the owner of sed business or informational source or persons who can affectively rectify the situation therin.

INTERACTION WITH US STAFF

Any threat, vulgar and profane language directed at any US staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of US should be reported immediately. Bottom line is let's work together toward a mutually beneficial relationship and create a prosperous and responsible Internet community.

REVIEWS

(A) Customer Reviews has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.

(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Customer Reviews provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.

1 Consumer Details

1.1 You will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.

1.2 You will ensure that the Consumer Details are accurate and error free as far as is reasonably possible.

1.3 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:

1.3.1. with the previous written consent of you and/or the Consumer;

1.3.2. where details of that Consumer have been provided to us by a third party;

1.3.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or

1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or

1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.

2 Rights

All company names, brands and other company trademarks and the website belongs to either Customer Reviews or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website's content cannot be copied and displayed anywhere else on the internet.

3 Indemnity

Customers shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any third-party claim (including any claim or allegation by any governmental authority) that:

(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;

(b) Customer Reviews use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or

(c) any email message sent or caused to be sent by Customer Reviews on behalf Customer violates any applicable law, rule or regulation.

Customer shall not bring any claim against Customer Reviews arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer's affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.

4 Limitation of Liability

4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.

4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.

5 Personal Information

Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting support@cusrev.com. Withdrawal of consent will be considered as a request to be deleted as a user altogether.

We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorized parties.

Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them ("Data Protection Requirements").

When enabling the Review Collection Services, the Client is - in accordance with the Data Protection Requirements - regarded as a Data Controller of the Consumers' personal data, which is provided to Customer Reviews. When Client uses the Review Collection Services Customer Reviews is regarded as the data processor. This entails that Customer Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Customer Reviews. Customer Reviews shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client's request, Customer Reviews will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on Customer Reviews website (www.cusrev.com) are processed by Customer Reviews as a data controller.

Customer Reviews is not responsible for and assumes no liability for the Consumers' conduct on or use of the Customer Reviews Service, including the content published by the Consumers (such content, "User Content"). Customer Reviews does not and cannot control or monitor the User Content and Customer Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Customer Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.

The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client's products or services by Customer Reviews. Client may not market itself or by other way give public declarations in conflict with the above.

Client's use of the Customer Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Customer Reviews that its use of the Customer Reviews Service will in no way cause Customer Reviews to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.

When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.

Personal information of customers who were invited to write a review but did not do it after three months from the date of the invitation will be automatically deleted from Customer Reviews database.

6 Disclaimer

Customer Reviews does not produce or publish contributions on the website. Customer Reviews cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email support@cusrev.com.

Customer Reviews accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.

Customer Reviews does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Customer Reviews will accept no responsibility for the contents of the link in question.

Customer Reviews recommendations and reference to concrete companies, e-shops, etc. is only guiding and Customer Reviews can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.

Customer Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, Customer Reviews cannot be made to pay compensation or similar as a result of errors or downtime.

Customer Reviews reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.

We reserve the right to delete reviews that are solicited from external websites.

Reviews solicited outside of the Customer Reviews ecosystem may be flagged and moderated.

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Uncommon Square
18 Water Street
Colts Neck, NJ 07722

Phone: 732-673-1887
sales@uncommonsquare.com

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