Website Terms of Use
Effective: July 2021
General
These Terms of Use (“TOU”) constitute a binding agreement between iconectiv LLC (“Registry Service Provider” “we” “us” and “our”) and you. We use the terms “you” “user” and “your” to mean any person using usshortcodes.com (“Website”), including any organization or person using this Website on an organization’s behalf. These TOU govern your use of all portions of this Website, and any associated material or functionality contained on this Website. This Website is offered to you conditioned on your acceptance, without modification, of the terms and conditions contained herein. By using this Website, you confirm your acceptance of, and agree to be bound by these TOU’s. If you do not agree with any of these TOU, do not use this Website.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE LAWSUIT OR ARBITRATION.
Website
This Website is comprised of all software, hardware, application programming interfaces (“APIs”), technologies, applications, frontend user interface, and content posted herein. Providing you with services via this Website requires us to collect and use your information. Our Privacy Policy describes how we collect, use, and share information that you provide to us.
Modification
Registry Service Provider reserves the right to change the terms and conditions of these TOU from time to time as we deem appropriate. Such changes, modifications, additions, or deletions shall be effective upon thirty (30) days after being posted to this Website unless otherwise indicated. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Website after changes are posted and affective constitutes your acceptance of the most recent version of these TOU. Registry Service Provider may change, restrict access to, suspend, or discontinue this Website (or any portion of this Website) at any time.
Privacy
Registry Service Provider will operate this Website in accordance with its Privacy Policy which is incorporated into these TOU by reference.
Use of this Website
You represent and warrant to Registry Service Provider that you will not use this Website (i) for any unlawful purpose; (ii) in any manner prohibited by these TOU; and (iii) in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website.
You agree that when using this Website, you will comply with the following:
You are at least 18 years of age;
You will keep your password confidential and will not share it with others;
You will not buy, sell, or transfer any aspect of your account or login credentials unless authorized by the Registrant Sublicense Agreement;
You will contact us at support@usshortcodes.com when you no longer need your account, and would like it to be disabled;
You will use this Website in a professional manner and not do anything unauthorized, fraudulent, or misleading; You will not impersonate others or provide inaccurate, false, or misleading information. Your use of this Website requires you to disclose your identity to us and to others who access and use this Website As such, you may not impersonate someone you are not, or create an account for someone else unless you have express permission;
You will not misrepresent your relationship to the Common Short Code program, CTIA-The Wireless Association, or Registry Service Provider You will not violate or help others to violate these TOU, the Privacy Policy, or any other applicable policies or guidelines that govern your use of this Website;
You will not use this Website to solicit bids, discuss suppliers, or engage in anticompetitive behavior;
You will not violate any applicable laws or regulations;
You will not upload information that contains material that is private, sensitive, confidential, or proprietary, or protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark, trade secrets, or by rights of privacy or publicity unless you own or control the rights thereto or have received all necessary consents;
You will not send, upload, publish, distribute, or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate any law;
You will not upload viruses, corrupted files, malicious code, any software, any information, or take any action that may impair or damage the operation of this Website or another’s computer or network;
You will not reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for this Website or any related technology;
You will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or the function of this Website or use any meta tags or any other “hidden text” utilizing the names or trademarks of Registry Service Provider;
You will not reproduce, re-transmit, re-present in any form, in whole or in part, any content, programming code, images, or graphics without the express written permission of Registry Service Provider;
You will not frame, squeeze back, overlay or employ other techniques to enclose or display this Website, or any trademark, logo, content, or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party;
You will not access, monitor, or copy any content or information of this Website using any “robot,” “spider,” “deep link,” “scraper” or other automated means, methodology, algorithm, device, or any manual process for any purpose; or
Otherwise violate any Registry Service Provider policies or guidelines.
Notices and Messages
By accessing this Website you acknowledge and agree that we may provide notices and messages to you through this Website and to the contact information you provided. In order to receive our communications, ensure that your contact information is up to date.
Service Availability
We may modify, suspend, or terminate your access to this Website, or any portion thereof, at any time for any reason, as we determine in our sole and reasonable discretion.
Content Deletion and Modification
We retain the right to remove or take down any content or information that you share, upload, or publish on this Website, without notice to you, if we believe that it violates these TOU, our Privacy Policy, other applicable policies and guidelines, or we are permitted or required to do so by law.
Third Party Websites
This Website may contain links to third party websites within uploaded content. Third party websites are not under the control of Registry Service Provider and we are not responsible for the contents of any third party website. The inclusion of any link in this Website to a third party website is as a convenience and does not imply endorsement by Registry Service Provider of the third party sites or any association or relationship with its operators. Your use of any third party website and any purchases of products or services from such third party websites are subject to the terms and conditions of the third party website. You agree that you will bring no suit or claim against Registry Service Provider arising from or based upon any such use of third party websites, including, without limitation, websites that we link to from this Website.
Ownership
This Website and the compilation of the content displayed herein including all software, data, and information used to provide this Website, including text, images, method of display and presentation, source code, embedded routines, programs, and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned by and are proprietary to Registry Service Provider, its affiliates, and licensors, or licensees, and are protected by the copyright laws of the United States and other countries. Nothing in these TOU or its performance shall grant you any right, title, interest, or license in or to the Registry Service Provider names, logos, logotypes, trade dress, designs, or other trademarks.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Website, without the prior written permission of Registry Service Provider. Except as expressly authorized in these TOU, you may not modify, distribute, reproduce, display, or use this Website (or any elements thereof). All rights not expressly granted to you by us in these TOU are reserved to Registry Service Provider and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from this Website.
Copyright Complaints
Registry Service Provider respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the account of users of this Website who have infringed on the rights of copyright holders. If you believe in good-faith that anything in this Website infringes on any copyright that you own or control, you may file a written notification, as required by the United States Digital Millennium Copyright Act to Registry Service Provider at support@usshortcodes.com.
Import/Export Control
You agree not to submit any content to this Website or commit any act involving the transfer of information relating to any content in violation of applicable import/export control, espionage, or national security laws.
General Disclaimer
The information, software, products, and services included in or available through this Website may include inaccuracies or typographical errors. Registry Service Provider may make improvements or changes to this Website at any time. Advice received via this Website should not be relied upon for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice.
Indemnification
You agree to indemnify Registry Service Provider from and against any and all liabilities, expenses (including without limitation attorneys’ fees) and damages arising out of claims based upon your use of this Website, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. Registry Service Provider will notify you of any claim for which Registry Service Provider seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Registry Service Provider’s interests, as reasonably determined by Registry Service Provider in its sole discretion.
NO WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE, OR ANY OF THE CONTENT YOU ACCESS ON OR THROUGH THIS WEBSITE, IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, TITLE, AND NON-INFRINGEMENT). NEITHER REGISTRY SERVICE PROVIDER NOR ANY PERSON ASSOCIATED WITH REGISTRY SERVICE PROVIDER (INCLUDING ITS MEMBERS) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. ANY MATERIAL VIEWED, DOWNLOADED, OTHERWISE OBTAINED THROUGH, OR DERIVED FROM THE USE OF THIS WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR VIEWING OF ANY SUCH MATERIAL.
WITHOUT LIMITING THE FOREGOING, REGISTRY SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, REGISTRY SERVICE PROVIDER, INLCUDING ITS DIRECTORS, OFFICERS, MEMBERS, AND ASSIGNS WILL NOT BE LIABLE IN CONNECTION WITH THESE TOU OR YOUR USE OF THIS WEBSITE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF REGISTRY SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
Restricted Rights
The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies (“US Government”) is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
Governing Law
These TOU are governed by the laws of the Commonwealth of Virginia, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Virginia in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Contact Information
If you have any questions regarding these TOU or this Website, please contact support@usshortcodes.com.
