Octane – (the “Services”) provides a collection of tools and resources to create, launch, and manage online marketing campaigns. The following are the terms and conditions for use of the Services, along with any amendments thereto and any ope rating rules or policies that may be published from time to time by Octane.
1. Services and Support
1.1 The Services are provided subject to the following terms and conditions and any operating policies that Octane may establish (the “Agreement”). Octane may make changes to this Agreement, and continued use of the Service constitutes Customer’s acceptance of any such changes. In addition, when using particular Octane services, Customer and Octane shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services provide corporate web sites, small business web sites, and community sites the tools to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute simple interactive marketing communications with visitors.
1.4 Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an e-mail address and password for Customer’s Octane account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer’s account and of the Services in Customer’s name. Octane reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Octane’s privacy policies as published at the www.octane.in Web site or otherwise furnished to Customer (the “Policy”) and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. Customer hereby agrees to indemnify and hold harmless Octane against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Octane has no obligation to monitor the content provided by Customer or Customer’s use of the Services, Octane may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.3 For every e-mail message sent in connection with the Services, Customer acknowledges and agrees that the Services shall automatically add an identifying footer stating “Powered by Octane” or a similar message.
2.4 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to Octane. Octane may use this information and any technical information about Customer’s use of this web site to tailor its presentations to Customer, facilitate Customer’s movement through this web site, or communicate separately with Customer. Octane will not provide information to companies Customer has not authorized, and Octane will not permit the companies that get such information to sell and redistribute it without Customer’s prior consent.
2.5 Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party unless specifically authorized by Octane. Customer may only use permission based lists. A permission based list is defined as a list in which each entity on the list is a person or organization that has explicitly granted their permission to receive emails from Customer. Customer is solely responsible for ensuring that its email campaigns do not generate a number of spam complaints in excess of industry norms. Octane, in its sole discretion, shall determine whether the level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Octane may terminate Customer’s use of the Services if Octane determines that the level of spam complaints is higher than industry norms.
3.1 Customer may terminate this Agreement at any time by sending an e-mail message toÂ firstname.lastname@example.org.
3.2 Octane may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Octane shall have no liability to Customer or any third party because of such termination.
3.3 Upon termination for any reason or after the expiry of an agreement, Octane may not preserve client lists and data after the expiry of the contract. Octane will maintain them for a limited grace period to allow smooth transition for the client. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
3.4 If the Client does not log into its account for more than 90 days, the account may become inactive. When an account is classified (at Octane’s sole discretion) as inactive, Octane will notify the client by e-mail. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS,MAY BE PERMANENTLY REMOVED FROM THE Octane DATABASE.
3.5 For active client accounts, Octane shall maintain the data and provide client access pertaining to campaign analytics on the platform and track reports including the number of times a particular mail was opened by the subscriber, unsubscribed, bounced, spam complaints etc. for 395 days (13 months) from the date of most recent campaign. If an active Octane client wants Octane to archive the data for longer period for statutory compliance reasons or for business analysis or keep such data for online access, then there will be an additional archival charge upon a special request- and this would be priced upon the volume of data and number of years of retention. Such requests, accepted and approved by the Octane Clients (active accounts only), would be completed within 3-5 working days and data provided with a secure FTP access.
4. Warranty Disclaimer
CUSTOMER USES THE SERVICES AT ITS OWN RISK. Octane DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND Octane DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
5. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY Octane, Octane AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF Octane HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
6.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
6.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Octane in any respect whatsoever.
6.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.
6.5 We reserve the right to modify our pricing and we will notify you by email when this occurs.