Terms of Service

1. ACCEPTANCE OF TERMS
Welcome to CitizenSpeak. CitizenSpeak provides the CitizenSpeak service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.

2. DESCRIPTION OF SERVICE
CitizenSpeak currently provides access to an email advocacy service (the "Service"). CitizenSpeak offers its service on an "as is" basis. Through the "Service," CitizenSpeak provides email advocacy services and account management and storage. You can create email campaigns using content and recipient email addresses that you supply. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CitizenSpeak resources, shall be subject to the TOS.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your organization as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CitizenSpeak has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CitizenSpeak has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include certain communications from CitizenSpeak, such as service announcements, and administrative messages, and that these communications are considered part of CitizenSpeak membership and you will not be able to opt out of receiving them.

4. CITIZENSPEAK PRIVACY POLICY
Pursuant to CitizenSpeak's privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.

5. ACCOUNT PASSWORD AND SECURITY
You are responsible for maintaining confidentiality of your account name and password. Furthermore, you are entirely responsible for any and all activities that occur under your user name and password. You are to immediately notify CitizenSpeak of any unauthorized use of the account or any breach of security.

6. MEMBER CONDUCT
You understand that all information, data, text, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CitizenSpeak, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. CitizenSpeak does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You agree to not use the Service to:

(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, a CitizenSpeak official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(k) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

(l) "stalk" or otherwise harass another;

(m) collect or store personal data about other users;

(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

(o) engage in commercial activities including, but not limited to, the following activities:

offering for sale any products or services;
soliciting for advertisers or sponsors;
conducting raffles or contests that require any type of entry fee;
displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; and
displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. CONTENT SUBMITTED TO CITIZENSPEAK
By permitting email campaigns, CitizenSpeak makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter. By posting an email campaign from CitizenSpeak, you warrant that the content is true, and that you will indemnify CitizenSpeak against any and all, direct, indirect or consequential claims and alleged claims that may arise from your use of the Service. CitizenSpeak specifically disclaims liability for direct, consequential or incidental damages arising from such campaigns. CitizenSpeak disclaims all copyright and other rights in such content and all responsibility for them.

CitizenSpeak does not claim ownership of the Content you place on your CitizenSpeak account. By submitting Content to CitizenSpeak for inclusion on your CitizenSpeak account, you grant CitizenSpeak the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your CitizenSpeak campaigns on CitizenSpeak’s Internet properties. This license exists only for as long as you continue to be a CitizenSpeak member and shall be terminated at the time your CitizenSpeak account is terminated.

You acknowledge that CitizenSpeak does not pre-screen Content, but that CitizenSpeak and its designees shall have the right (but not the obligation) in their sole discretion to review, refuse or remove any Content that is available via the Service. Without limiting the foregoing, CitizenSpeak and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

CitizenSpeak reserves the right to suspend without notice campaigns with invalid or improperly formatted email addresses.

9. INDEMNITY
You agree to indemnify and hold CitizenSpeak, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE
You agree not to sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE
CitizenSpeak may store your information, content, contact lists, emails, campaign activity statistics, reports and other information in its databases for you. We reserve the right to establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that information is stored, the maximum amount of disk space that will be allotted to each User, the maximum number of email recipients that campaigns can be targeted to, the maximum number of member participants in a campaign, the maximum size of campaigns sent through our Services and the maximum number of occasions that the User may access the Services in a given period of time. CitizenSpeak has no responsibility or liability for the deletion or failure to store any messages, content, email addresses or other information maintained or transmitted through the Service. At any time CitizenSpeak may determine that your information can no longer be stored by CitizenSpeak or deem your information to be inappropriate and remove it from its databases with or without notice to you.

If you do not log into your account for more than 180 days, the account will become inactive. When an account is inactive, at CitizenSpeak’s sole discretion, CitizenSpeak reserves the right to permanently remove it from the CitizenSpeak databases without prior notification.

12. MODIFICATIONS TO SERVICE
CitizenSpeak reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CitizenSpeak shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION
You agree that CitizenSpeak, in its sole discretion, may terminate your password, CitizenSpeak account, use of the Service or use of any other CitizenSpeak service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CitizenSpeak believes that you have violated or acted inconsistently with the letter or spirit of the TOS. CitizenSpeak may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that CitizenSpeak may immediately deactivate or delete your CitizenSpeak account and all related information and files in your CitizenSpeak account and/or bar any further access to such files or the Service. Further, you agree that CitizenSpeak shall not be liable to you or any third-party for any termination of your access to the Service.

14. ADVERTISEMENTS AND PROMOTIONS
CitizenSpeak reserves the right to run advertisements and promotions on CitizenSpeak accounts and campaigns. By creating your CitizenSpeak account and campaigns, you agree that CitizenSpeak has the right to run such advertisements and promotions. The manner, mode and extent of advertising by CitizenSpeak on your CitizenSpeak account and campaigns is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CitizenSpeak shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. CITIZENSPEAK PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CitizenSpeak or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

CitizenSpeak grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CitizenSpeak for use in accessing the Service.

17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITIZENSPEAK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) CITIZENSPEAK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CITIZENSPEAK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CITIZENSPEAK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CITIZENSPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

20. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

21. COPYRIGHTS
CitizenSpeak respects the intellectual property rights of others and we ask our users to do the same.

22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and CitizenSpeak and govern your use of the Service, superceding any prior agreements between you and CitizenSpeak. You also may be subject to additional terms and conditions that may apply when you use affiliate third-party content or third-party software. The TOS and the relationship between you and CitizenSpeak shall be governed by the laws of the State of Rhode Island without regard to its conflict of law provisions. You and CitizenSpeak agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Providence, RI. The failure of CitizenSpeak to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.