Internet Commerce Association (“Provider”) reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Provider’s InternetCommerce.org Web Site (“Provider’s Web Site” or the “Website”) shall be subject to the current terms and conditions as published on our website at https://www.internetcommerce.org/terms-of-use/.
No Endorsement of Third Party Content
Submissions of Content
The following rules apply to all content submitted by third parties to the Provider’s Website, including but not limited to third party advertisements;
- You may not post any material which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post any material which is obscene as determined by law.
- You may not post any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.
- You may not interfere with other users’ use of the web site.
- You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
- You may not post or transmit any message which is harmful, threatening, abusive or hateful.
- You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
- You may not post any materials that would be considered a violation of any law. Provider will co‑operate fully with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any such e-mail or materials.
You agree to indemnify Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON PROVIDER’S WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PROVIDER’S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON‑INFRINGEMENT. In no event shall Provider or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Provider’s Web Site, even if Provider has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Provider hereby grants you a limited license to view on your computer any content made available on Provider’s Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name, or other proprietary right of Provider or any other party who owns or has proprietary rights to the content, information and materials provided on Provider’s Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Provider or by other parties that have licensed their material to Provider. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Provider may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other web site, ftp server, or network environment is prohibited.
Notice of Copyright Infringement.
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending a message to ExecutiveDirector@InternetCommerce.org.
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
We take seriously any complaints received by visitors to and users of our site, and attempt to respond to every complaint in a timely fashion. If you have a complaint regarding the site, materials contained on the site, inappropriate behavior or postings by other users of the site, or otherwise concerning our site or visitors and/or users of our site, you may submit your complaint to us by emailing our Customer Service representatives at ExecutiveDirector@InternetCommerce.org. Please use the word “Complaint” in the subject line, and include the following information in your email:
(a) your name, address and, if you are a registered user, your userID;
(b) the basis of your complaint;
(c) if your complaint concerns the activities of other users/visitors to the site, the specific type of inappropriate or offensive behavior engaged in or materials posted and, insofar as possible, the identity of the offending user/visitor;
(d) the date(s) such behavior occurred or such materials were posted.
A representative will respond to your email if in Provider’s determination, your complaint is a valid one, Provider will within a reasonable time period take action to deal with the circumstances from which the complaint arose.
Changes and Improvements
Due to the nature of the Internet, it is not possible for Provider to restrict access to its Web Site only to the jurisdiction where Provider is located. Some or all of the product and service advertisements which are provided by third parties on this Web Site may not be eligible for solicitation in your jurisdiction. If you are accessing this Web Site from such a jurisdiction, you should not consider anything on this site as an advertisement or as a solicitation to the public to purchase any product or service from any advertisers that is advertising their good or service on or the Provider’s Web Site. This site is for use only by persons residing in jurisdictions where such products and services may legally advertise.
Unless otherwise specified, the materials contained in Provider’s Web Site are presented solely for information purposes in the United States This site is controlled and operated by Provider from its offices in Washington DC, USA. Provider makes no representation that any of the materials contained in Provider’s Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of Washington, DC, USA and the parties hereby irrevocably and exclusively attorn to the jurisdiction of the courts of Washington DC, USA.
We may cancel or terminate your right to use the Web Site or any part of the Web Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Web Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Web Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Service, shall survive.