These Terms of Service are an agreement between The Intersoft Group, Inc. (Intersoft) and you (Customer).
BY SUBSCRIBING TO COBALT YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND ADDITIONAL TERMS, WHICH MAY BE ADDED FROM TIME TO TIME. If you do not agree to these Terms of Service do not subscribe to or use Cobalt. By clicking the ‘Order Now’ button on the Order page or by logging into Cobalt, you accept these Terms of Service.
The words “You” and “Your” as used in these TERMS OF SERVICE means You, Your Company, Your employees, and anyone who has access to your Cobalt account. You must be at least eighteen (18) years of age to subscribe to and use Cobalt.
Cobalt is offered to you on the condition that you accept these TERMS OF SERVICE without modification. You agree to regularly review these TERMS OF SERVICE. These TERMS OF SERVICE are located on the Cobalt web site http://www.gocobalt.com and at the Cobalt Product web site at, http://cobalt.intersoftgroup.net. Intersoft reserves the right to change these TERMS OF SERVICE at anytime without notice. Should you continue to use Cobalt after any such changes, your continued use will constitute your consent to such changes.
By subscribing to Cobalt, you make the following representations and warranties. Intersoft shall have the right to terminate your Cobalt account, without notice at any time, if any representation or warranty made by you proves to be untrue in any respect.
You and all users of Cobalt approved by you are at least eighteen (18) years of ages;
You have the legal capacity and authority to enter into binding contracts, be bound by these TERMS OF SERVICE, and if you are acting in a corporate capacity, to bind your company;
You will not use Cobalt for any purpose that is unlawful, or prohibited by these TERMS OF SERVICE
All information supplied by you or by others using your account is true and accurate;
By using Cobalt, you agree that you will defend and indemnify Intersoft, its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from any third party claims related to a breach of any of the foregoing warranties or these TERMS OF SERVICE.
LIMITATIONS OF USE
Cobalt is provided to assist you with the operation of your organization. Your right to use Cobalt is limited to you, your company, and your employees. You are solely responsible for the content of your messages. Intersoft reserves the right, but is not obligated to, monitor the content of your messages.
You may not use Cobalt to send unsolicited email (sometimes called "spam"). See our Anti-Spam Policy.
You may not restrict or inhibit any other user from using and enjoying such user’s rights to use Cobalt.
You may not interfere with or disrupt the Cobalt servers.
You may not rent, lease, license, grant a security interest, or otherwise transfer or sublicense your rights hereunder to any third party.
You may not defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of, or otherwise violate or infringe the legal rights of any other person.
You may not post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
You may not use any content and/or images without the express written consent of the content owner.
You may not conduct, promote or forward illegal contests, pyramid schemes, chain letters, unauthorized advertising, or email in violation of the various anti-spamming laws.
You may not sell or promote any products or services that are unlawful in the location at which the content is posted or received.
You may not provide, sell or offer to sell any of the following products or content (or services related to the same): pornography or pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
You may not display or market material that exploits children, or otherwise exploits children under 18 years of age nor post or disclose any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
You may not introduce viruses, worms, harmful code and/or Trojan horses on the Internet.
RULES FOR EMAILING
Each and every email sent must contain a subject line that accurately describes the content of the email.
The “From” address of each and every email sent must be a valid and active email address.
Your post office name, address, and phone number must be conspicuously present in the body of each and every email sent.
You must provide an Internet opt out email or web site address on each and every email sent.
You must remove the opted out email address from your mailing list within ten (10) days of receiving the opt out notice.
Without limiting the foregoing, you agree that you shall not utilize the Cobalt to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.
You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of Cobalt.
For every email message sent in connection with the Cobalt, you acknowledge and agree that Intersoft may add an identifying footer stating "Powered by Cobalt" or a similar message.
Prices for Cobalt exclude all applicable taxes. You agree to be responsible for any applicable taxes.
You agree to pay for all emails sent through our server. There shall be no refund for bounced emails or emails not received by the intended recipient.
Payment for Cobalt is paid in advanced and may be made by accepted credit cards. Checks are only accepted for prepayment for twelve (12) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Intersoft to charge your credit card for such amounts on a regular monthly basis. If Intersoft is for any reason unable to effect automatic payment via your credit card, Intersoft will attempt to notify you via email and your Cobalt account will be disabled until payment is received. All amounts paid for Cobalt are non refundable.
WARRANTIES AND GUARANTEES
This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You 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 Cobalt.
Unless you are an authorized reseller of Intersoft, you may not display, copy, reproduce, or distribute Cobalt or any component thereof. Violation of these restrictions may result in the termination of this Agreement.
You understand and agree that email communication is non-confidential.
You acknowledge and agree that not all email messages sent through Cobalt will be received by their intended recipients.
You are responsible for maintaining the security of your account, passwords, and files. Intersoft will accept the instructions of any individual who claims to be authorized to make changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. Intersoft shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
This website may contain links to non-Intersoft websites. These links are provided to you as a convenience, and Intersoft is not responsible for the content of any linked website. In addition, a link to any non-Intersoft website does not imply that Intersoft endorses or accepts any responsibility for the content or use of such website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Intersoft of that third party or of any product or service provided by a third party.
You may terminate this Agreement at any time by calling Intersoft’s Support. There are no refunds for any fees paid.
Intersoft may terminate this Agreement or Cobalt, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Intersoft shall have no liability to you or any third party because of such termination or action. Intersoft, at its own discretion, may immediately disable your access to Cobalt without refund if Intersoft believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Cobalt is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Intersoft within twenty-four (24) hours, and Intersoft shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Intersoft.
You agree that you shall not utilize Cobalt to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of Cobalt, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
THE INTERSOFT GROUP, INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE INTERNET WEB SITE OR APPLICATION WILL MEET THE CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB PAGES, SOFTWARE, AND WEB SITE IS WITH THE CUSTOMER. IN NO EVENT WILL THE INTERSOFT GROUP, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THESE WEB PAGES OR WEB SITE, EVEN IF THE INTERSOFT GROUP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE CUSTOMER AND THE INTERSOFT GROUP, INC. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF OHIO.