PLEASE READ THIS DOCUMENT CAREFULLY. Rectxt Inc. ("Rectxt Inc.," "we," or "us") offers a cloud texting service enabling the communication by SMS or MMS (or “text”) by subscribers to multiple recruitment candidates through the Rectxt Inc. software as a service platform (“Platform”) as accessed through the website located at www.Rectxt.comand its sub-sites (collectively, the "Site"), and all related end clients, mobile apps, Chrome Extension, tools, applications, data, software, APIs and other online services provided by Rectxt Inc., (collectively and including the service through the Site, the "Services"). By registering for or by using the Service in any way, you accept these Terms of Service, which (together with the specifics set out in any order form for the Services that include these terms) forms a binding agreement between you and Rectxt Inc. ("Agreement" or “Terms”). If you do not wish to be bound by this Agreement, do not use the Service. If you are registering on behalf of a business, government, or non-profit entity, you represent and warrant that you have the authority to bind that entity to this Agreement. You may not register for or use the Services if you are a minor under the age of 18., or if you prohibited by law from using the Services.
1. LICENSE TO USE THE SERVICE
1.1. LICENSE: You may subscribe for the Services by registering for the Service through the Site or through such other means as we may otherwise provide to you (“Registration”). You may specify the Services that you are subscribing for at Registration or otherwise through the Site. When you subscribe for Services, you will be informed of the fees for those Services (“Fees”), payment terms, the subscription period (“Subscription Period”) and any other additional terms, conditions or limitations (including without limitation the number of texts that may be sent within a billing period, overage fees etc.). Where we confirm in writing to you that we have accepted your Registration, we shall make the Service available to you for your internal business use during the applicable Subscription Period set out in that Order Form. Your right to use the Service during the Subscription Period shall be in accordance with any additional conditions, restrictions or parameters specified in writing at the time of Order, together with the terms of this Agreement.
1.2. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Provider reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth in this Agreement.
1.3. Restrictions. You shall not (and shall not allow any third party to): (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service except to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary; (b) circumvent any user limits or other timing or use restrictions that are built into the Service; (c) remove any proprietary notices, labels, or marks from the Service; (d) frame or mirror any content forming part of the Service; or (e) access the Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Service.
1.4. Chrome Extension and Apps: Where you install or download a chrome extension or app, you are granted a limited, non-exclusive, non-transferrable, revocable license to use that Chrome extension or app for your internal business purposes. You may only use any Apps on a device that you own or control.
2. USE OF THE SERVICE
2.1. Rectxt Inc. Responsibilities. Rectxt Inc. shall: (i) act in accordance with good industry practice to maintain the security and integrity of the Service and all data and content provided by you; and (ii) use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime (of which Rectxt Inc. shall give at least eight (8) hours’ notice via the Service and which Rectxt Inc. shall schedule to the extent reasonably practicable during the weekend hours from 6:00 p.m. Eastern Standard Time Friday to 3:00 a.m. Eastern Standard Time Monday); or (b) any unavailability caused by circumstances beyond Rectxt Inc.'s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Rectxt Inc. employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Rectxt Inc.’s possession or reasonable control, and denial of service attacks.
2.2. Authorisation. You authorise Rectxt Inc. to act as Your limited agent for the purpose of SMS and/or MMS message origination and delivery through any messaging vendor used by Rectxt Inc. To the extent required, you agree to provide all assistance and documentation as may be required by Rectxt Inc. in order to establish and register all requisite service provider identification documentation with such third party providers and to resolve any technical and operational issues associated with this authorization.
2.3. Your Responsibilities. You are responsible for all activities that occur in your account and for compliance with this Agreement. In addition to your general obligations to comply with the terms of this Agreement, you shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that you process through the Service, including without limitation any text communications that you send or receive through the Service(“Content”); (ii) comply with all guidelines and policies regarding the content that may be uploaded, used and processed through the Service that Rectxt Inc. may publish on the Site from time to time; and (iii) comply with all applicable local, provincial, state, federal and foreign laws in using the Service.
2.4. Use Guidelines. You shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (ii) use the Service to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) use the Service to send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third-party privacy or publicity rights; (iv) use the Service to send or store malicious code; (v) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (vi) attempt to gain unauthorized access to the Service or its related systems or networks.
2.5. Third Party Stores. You acknowledge and agree that the availability of the Service is dependent on the Chrome Web Store from which you licensed the Service. You acknowledge that this Agreement is between you and Rectxt Inc. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, all applicable third-party terms of the agreement (including without limitation any Chrome terms and policies) when using the Services.
3. STATUTORY AND REGULATORY COMPLIANCE, CONSENT AND COMPLIANCE WITH POLICIES AND GUIDELINES
3.1. Statutory and regulatory compliance. Without limiting your obligations under section 2.3 above, you covenant and undertake to comply with all applicable local, provincial, state, federal and foreign laws, regulations, statutory body guidelines and industry group guidelines when sending communications to third parties when using the Services, including without limitation and where and to the extent applicable: (a) the CAN-SPAM Act; (b) Telephone Consumer Protection Act (TCPA); (c) CASL (Canada’s Anti-Spam Legislation, including the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities (S.C. 2010 c.23)
3.2. Consent. Without limiting the obligations set out above or in any other policies or guidelines of Rectxt Inc., you covenant and undertake not to send any communication through the Service to any third party without that third party’s prior express consent. For the purpose of this section, “express consent” has the meaning given to it under applicable legislation and guidelines issued under that legislation in the territories to which you are sending such communications, or if no such guidance is provided then the same meaning as under CASL. The foregoing includes providing such third parties with an express right to withdraw such consent at any time.
3.3. Managing Consent. The Services may provide a mechanism to readily allow a third party to withdraw consent to receipt of text messages that originated through the Services. However, it is solely Your responsibility to monitor whether such consent has been withdrawn. Rectxt Inc. disclaims any and all responsibility for the management of consents from third parties for the receipt of communications.
3.4. Policies. Use of the Services is subject to compliance with Rectxt Inc.’s Acceptable Use Policies and such other policies and guidelines as Rectxt Inc. may publish on the Site from time to time, and as may be updated by Rectxt Inc. from time to time. It is your responsibility to ensure that you regularly review our policies for any changes or updates. Any such changes shall be binding on you from the next time that you use the Services after the updated policies are published or otherwise made available on or through the Site.
4. PRIVACY AND CONFIDENTIALITY
4.2. Confidentiality. We will treat any content you provide through the Service as confidential information and only use and disclose it in accordance with these Terms (including the Rectxt Inc. privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Rectxt Inc.); (b) was lawfully known to Rectxt Inc. before receiving it from you; (c) is received by Rectxt Inc. from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Rectxt Inc. without reference to your Content. Rectxt Inc. may disclose your Content when required by law or legal process, but only after Rectxt Inc., if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
5. ACCOUNTS AND CONTENT
5.1. Registration: To fully use the Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Rectxt Inc. and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
5.2. Account Security: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
5.3. Ownership of Content. You retain ownership of all of your intellectual property rights in your Content. We do not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
5.4. License to Content. You grant Rectxt Inc. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display your Content solely to the extent required to provide and improve the Services. You further grant Rectxt Inc. the right to use and copy Content for the purpose of creating aggregated or anonymized data in respect to Service use, including without limitation anonymised text conversations (“Pattern Data”). Rectxt Inc. shall own all right, title and interest to all Pattern Data. For greater certainty, Pattern Data shall not identify a specific customer, its business contracts or its end users or otherwise contain any personally identifiable information.
6. SUBSCRIPTIONS AND PURCHASES
6.1. Subscriptions: Access to Services is limited to those Services to which you have subscribed for. You may subscribe for additional services, or alter your subscription, through the Site, subject to any minimum periods that may apply to Services that you have already subscribed for. Changes to subscriptions must be accepted in writing by Rectxt Inc. before your subscription change is completed.
6.2. Fees. You agree to pay to Rectxt Inc. any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Rectxt Inc. of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
6.3. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team using the contact details set out below. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
6.4. Taxes. Unless otherwise stated, Rectxt Inc.’s fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, "Taxes"). You are responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Rectxt Inc.’s net income or property. If Rectxt Inc. has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide a valid tax exemption certificate authorized by the appropriate taxing authority.
6.5. Audit Rights. Rectxt Inc. shall have the right to use the capabilities of the Service to confirm Customer’s compliance with this Agreement.
6.6. Modifications to services and pricing: upon notice to you, Rectxt may increase any fees payable by you and/or alter the SMS allowances on your plan, provided the change will not become effective until the expiration of any term that you subscribe to receive the Services.
7. TERM AND TERMINATION; ACCOUNT DELETION
7.1. Term: This Agreement begins on the date you first use the Service and continues as long as you have an account with us. Subscription renewals are subject to section 6.3. Rectxt Inc. reserves the right to deny subscriptions, renewals, and other purchases for any reason.
7.2. Account Deletion: You may delete your account at any time. Basic accounts may be deleted from the Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
7.3. Termination For Breach: Rectxt Inc. may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Rectxt Inc. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Rectxt Inc.'s reputation and goodwill. If Rectxt Inc. deletes your account for the foregoing reasons, you may not re-register for the Service. Rectxt Inc. may block your email address and Internet protocol address to prevent further registration.
7.4. Effect Of Termination/Account Deletion: Upon termination, all licenses granted by Rectxt Inc. will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Rectxt Inc. shall not be responsible for the loss of such content.
8. CONTENT AND COMMUNICATION RESTRICTIONS
8.1. You may not upload, post, or transmit (collectively, "submit") any Content that:Includes any personal information, personal health information or sensitive personal information (which includes information that may be used to identify an individual, including without limitation any images or recordings by which an individual may be identified unless such recordings or images have been suitably anonymized);Is in breach of any applicable laws, including without limitation any laws regarding personal information, personal health information, sensitive information or similar;Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;Exploits minors;Depicts unlawful acts or violence;Depicts animal cruelty or extreme violence towards animals;Promotes fraudulent or dubious business schemes; or Violates any law.
8.2. Code of Conduct. In using the Service, you must behave in a civil and respectful manner at all times, and will adhere to our Acceptable Use policy. Further, you will not:Act in breach of any professional or ethical guidelines applicable to your profession;Act in a deceptive manner by, among other things, impersonating any person;Harass or stalk any other person;Harm or exploit minors; orDistribute "spam", including without limitation by infringing our Acceptable Use Policy;Rectxt Inc. has the right, but not the obligation, to monitor all conduct on and content submitted to the Service. Rectxt Inc. may publish additional guidelines regarding code of conduct in accordance with good industry practice and applicable law on the Site from time to time, in which case you agree to comply with such guidelines.
9. REPRESENTATIONS, WARRANTIES AND INDEMNITIES
9.1. Representations and Warranties. In addition to any representations and warranties set out above, You further represent and warrant that: (i) you have the right to submit the content to Rectxt Inc. and grant the licenses set forth above; (ii) you have obtained all requisite consents required under applicable law in respect of the publication of such content through the Service and access by third parties to that Content; (iii) Rectxt Inc. will not need to obtain licenses from any third party or pay royalties to any third party; (iv) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (v) the content and access of the content by the individuals authorised by you complies with this Agreement and all applicable laws.
9.2. Indemnification. You covenant and undertake to indemnify, defend, and hold harmless Rectxt Inc. and its affiliates, directors, officers, employees, and agents, from and against all actions that arise from or are otherwise connected to: (i) your activities on the Service, including without limitation any communications that you make and any content that you upload and otherwise make available through the Service; (ii) a violation by you of any term of this Agreement; or (iii) any violation by you of any laws, statutes, regulations, or guidelines; or (iv) any infringement by you of any third party right, including any intellectual property or privacy right.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
10.1. DISCLAIMER. We provide the Services using a commercially reasonable level of skill and care, but neither Rectxt Inc. nor its suppliers or licensors make any specific promises about the Services, including the content or any submission therein. For example, we don’t make any commitment that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the server that makes them available, are free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content or Submission provided on, accessible from or distributed through the Services.
RECTXT INC. AND ITS SUPPLIERS AND LICENSORS PROVIDE THE SERVICES AND ALL CONTENT AND ANY SUBMISSION INCLUDED IN OR ACCESSIBLE FROM THE SERVICES "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH RECTXT INC. AND ITS SUPPLIERS AND LICENSORS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND ALL CONTENT AND SUBMISSIONS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK.
10.2. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL RECTXT INC. OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE CONTENT OR SUBMISSIONS, OR SHALL THE LIABILITY OF RECTXT INC. OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECTXT INC.'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO RECTXT INC. OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).
11. GENERAL PROVISIONS
11.1. Governing Law: This Agreement shall be governed by the laws of the Province of British Columbia, Canada, without regard to principles of conflicts of law. The United Nations Convention of Controls for International Sale of Goods shall not apply.
11.2. Disputes: Any action arising out of or relating to this Agreement or your use of the Service must be commenced in the provincial or federal courts located in Vancouver, British Columbia, Canada (and you consent to the jurisdiction of those courts). In any such action, Rectxt Inc. and you irrevocably waive any right to a trial by jury.
11.3. Interpretation; Severability; Waiver; Remedies: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Rectxt Inc. in exercising any right hereunder will waive any further exercise of that right. Rectxt Inc.'s rights and remedies hereunder are cumulative and not exclusive.
11.4. Successors; Assignment; No Third Party Beneficiaries: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Rectxt Inc.'s prior written consent. Rectxt Inc. may assign this Agreement at any time. No third party shall have any rights hereunder.
11.5. Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from Rectxt Inc. electronically. Rectxt Inc. may provide all such communications by email or by posting them on the Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Rectxt Inc. at email@example.com or the following address: Rectxt Inc.400 – 322 Water SteetVancouver, BC V6B 1B6Canada Nothing herein shall limit Rectxt Inc.'s right to object to subpoenas, claims, or other demands.
11.6. Modification: This Agreement may not be modified except by a revised Terms of Service posted by Rectxt Inc. on the Site or a written amendment signed by an authorized representative of Rectxt Inc.. A revised Terms of Service will be effective as of the date it is posted on the Site.
Rectxt Inc. (“Rectxt”) requires that all individuals who visit our website at www.rectxt.com (the “Site”) or use our cloud-based service (collectively, the “System”) conducts themselves with respect for others. Specifically, you agree not to:
Use the System to:
- contact any person who has requested no further contact from you or from the Customer on whose behalf you are contacting such individual;
- send text messages through the System to individuals who have not consented to receive them from Customer;
- send text messages to non-approved distribution lists, newsgroups, publicly available press or media addresses or purchased cell phone numbers;
- impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, or communicate in any deceptive manner; (including, without limitation, by using any other individual’s email address, phone number)
- access or copy any data or information of a job candidate or other person without his or her consent;
- use the System to harvest, collect, gather, or assemble information or data regarding any job candidate or other person without his or her consent;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
- to stalk, harass, bully, defame, or post threats of violence against others or interfere with another individual’s use and enjoyment of the System;
- issue fraudulent offers to sell or buy products, services or investments or otherwise mislead anyone about the details or nature of a commercial transaction.
- generate or send communications in violation of law including bulk unsolicited e-mails or texts, or communications which directly or indirectly support pyramid schemes or other fraudulent activi ties or otherwise cause Rectxt to become impaired in its ability to send communications on its own or on its Customers’ behalf (e.g., by causing Rectxt or Customer to become registered on any Email DNS blacklist or otherwise be denied services by any other third party communications service provider);
- promote or advertise products or services other than your own without appropriate authorization;
- exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- transmit information in a way that infringes upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity
- reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
Send communications that:
- are deceptive, fraudulent, illegal, obscene, offensive, defamatory, slanderous, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Rectxt’s discretion;
- contain viruses, bots, worms, scripting exploits or other similar materials;
- solicit individuals for purposes not related to the purposes authorized by the person or entity which has entered into an Order Form with Rectxt; or could otherwise cause damage to Rectxt or any third party;
- use the Services in any way that violates any applicable federal, state, local, or international law or regulation including all laws pertaining to privacy, the use of text messaging, telephonic equipment and related telecommunications products and services.
- access the Services in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Services, or to copy any ideas, features, functions or graphics of the Services;
- share non-public features or content of the Services with any third party;
- use or transmit data that you don’t have the right to use or transmit (including confidential or personal information you are not authorized to disclose);
- misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Rectxt or any third party)
- probe, scan, or test the vulnerability of any system or network used with the Services;
- tamper with, reverse engineer or hack the System, circumvent any privacy or security or authentication measures of the Services or knowingly interfere in any manner with the operation of the Services, the data contained therein, or the hardware and network used to operate the System;
- attempt to gain unauthorized access to the System (or any portion thereof), related systems, networks or data or the source code of any software making up the System;
- encumber, distribute adapt, combine, create derivative works of or otherwise modify any portion of the Site or the Services;
- license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than Rectxt’s Customers and their permitted agents in furtherance of their internal business purposes as expressly permitted in the Rectxt Terms of Service;
- access or search the System by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
- overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the System that consume extraordinary resources, such as by: (i) using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters contemplated for the Services;
- access the System via another user’s account without their permission;
- remove or obscure any proprietary or other notices contained in the System.use meta tags or any other “hidden text” including Rectxt’s or our suppliers’ product names or trademarks;
- use or attempt use the Services in violation of a Subscription Agreement or any Order Form to which you are a party, or
- permit or encourage anyone else to commit any of the actions above.
Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account (without notice or liability) or legal action if Rectxt (in its sole discretion) determines that a user has violated this AUP. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. If in our reasonable opinion we consider your usage to be unfair, unreasonable and/or excessive usage we may immediately suspend, modify or restrict your use of the Services or withdraw in full or in part your access to the Services without notice to you. Rectxt reserves the right to take any other remedial action it sees fit.
Rectxt may change this AUP at any time by posting a new version on this page and sending the user written notice thereof. The new version will become effective on the date of such notice.