+ Terms and Conditions

Terms and Conditions

Acceptance Of Terms
The web pages available at http://contactsafe.net/ and all linked pages, are owned and operated by Allentium Software, a Canadian company and is accessed by you under the Terms of Use described below (“Terms”). Please read these terms carefully before using the services. By accessing the service you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the service. If you disagree with any part of the terms then you may not access this service.

Description Of Service
This web application is a free service for you to create a contact list. You have full control over this list. You add to it, and maintain it. You can set the labels for your fields. You can search for contacts and sort this list. If you need more than one list, you may sign up with a different email address and create and maintain a different list. Each list must be registered with a unique email address.

Registration
As a condition to using this Service, you are required to open an account with Allentium Software and select a password and email address, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You may not use as an email address of the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account. Services are available only to individuals who are either
(i) at least 18 years old, or
(ii) at least 14 years old who are authorized to access this service by a parent or legal guardian. If you have authorized a minor to use this service, you are responsible for the online conduct of such minor, and the consequences of any misuse of this service by the minor. If you do not qualify for registration you are not permitted to open an account or use this service.

Content Submitted
Please read this section carefully before posting, uploading, or otherwise submitting any content to this service. Allentium Software has the repsonsibility to store and retrieve your data for you. You represent and warrant that you are the owner of all rights, including all copy rights in and to all content you submit to this service, and that the content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Allentium Software, all of which such rights are hereby expressly and irrevocably waived by you in favour of Allentium Software.

Fair Usage Policy
Allentium Software maintains a fair usage policy to ensure stable and fast service to all users. Free accounts are limited to a maximum of 10,000 contacts in any one list.

Honoring Copyrights
Allentium Software respects the intellectual property rights of others. It is our policy to respond promptly any claim that content posted into the service infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Allentium Software will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site. If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Allentium Software, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of these services. You hereby agree to indemnify and hold harmless Allentium Software, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of these services, by you or any person using your account, (iv) the sale or use of your content, or (v) any violation of any rights of a third party.

Limitation Of Liability
In no event shall Allentium Software be liable under contract, tort, strict liability, negligence or other Legal theory with respect to these services, or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) $100.

Trademarks
allentiumsoftware.com and all Allentium Software graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Allentium Software. Allentium Software’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Allentium Software.

Termination
Allentium Software may terminate or suspend any and all Services and/or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use these services will immediately cease. If you wish to terminate your Allentium Software account, you may simply discontinue using the services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. It is your responsibility to remove all content from your account prior to termination. Upon termination of your account, Allentium Software will automatically remove all content posted to your account.

Change
Allentium Software reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Allentium Software will notify you by posting an announcement on the site. What constitutes a material change will be determined at Allentium Software's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Allentium Software in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Allentium Software shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Allentium Software’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Allentium Software may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Alberta, Canada, as if made within Alberta, Canada between two residents thereof, and the parties submit to the exclusive jurisdiction of Alberta, Canada courts. Both parties agree that the Terms 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 the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Last Updated
These Terms and Conditions were last updated on November 1, 2013.

Terms Accepted: