| |
| Healthcare Data Breaches |
| Total Number Reported: 393 |
| Latest Incident |
| Muskogee Regional Medical Center |
| State: | OK |
| # of Records: | 844 |
| Type of Breach: | Loss |
|
| See more at www.HHS.gov |
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Security Wire
|
Effective Date: June 17, 2011
NetDiligence® Terms of Use
Welcome to the Network Standard Corporation d/b/a NetDiligence
website portal (the “Portal”). NetDiligence provides
its products and services to you subject to the following
conditions. Before you may use the Portal, you must read and accept
all of the terms and conditions in, and linked to, this Terms and
Conditions (“Agreement”) and the Privacy Policy,
available at
[https://www.eriskhub.com/eriskdev/privacy_policy.php].
We strongly recommend that, as you read this Agreement, you also
access and read the linked information, since it is incorporated
into and hereby made part of this Agreement by reference. This
Agreement is effective upon acceptance, and use of any
functionality of the Portal constitutes acceptance of this
Agreement. By accepting this Agreement you are entering into a
binding agreement with NetDiligence and the Portal licensor (if
applicable) and you agree to be bound by the terms and conditions
herein. If this Agreement conflicts with any other documents, this
Agreement will control for the purposes of usage of the Portal. If
you do not agree to be bound by this Agreement and the Privacy
Policy, you may not use the Portal in any way.
1. DEFINITIONS
|
1.1 |
"Affiliate(s)"
shall mean any entity directly or indirectly controlling,
controlled by, or under common control with Network Standard
Corporation. |
|
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1.2 |
"Content" shall
mean NetDiligence Content and/or Portal Vendor Content. |
|
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1.3 |
"NetDiligence," "we,"
"us," and "our" shall mean Network Standard Corporation, and
subsidiary thereof and any Affiliate, and the Portal licensor (if
applicable). |
|
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|
1.4 |
"NetDiligence
Content" shall mean any documents, information, articles or
other materials created or licensed by NetDiligence and the Portal
licensor (if applicable) for use with respect to, displayed on the
Portal. |
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1.5 |
"Portal" shall
mean the website located at www.eriskhub.com, www.netdiligence.com,
and any sub-domains, replacement sites or successors related
thereto, and any NetDiligence Content and/or Portal Vendor Content
displayed thereon. |
|
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1.6 |
"Portal Vendor"
shall mean those individuals or organizations associated with or
displayed on the Portal that provide goods or services to third
parties and any other person or entity that furnishes or makes
content, documents, products, goods materials or services
accessible through the Portal or that is otherwise related to the
Portal. |
|
|
|
1.7 |
"Portal Vendor
Content" shall mean any documents, information, articles or
other materials supplied by a Portal Vendor to NetDiligence. |
2. USE OF THE PORTAL AND CONTENT
2.1License
Grant.
NetDiligence hereby grants to you, subject to limitations set
forth in this Agreement (including without limitation those in
subsection 2.2 herein), a non-exclusive, limited right and license
to access and use the Portal; provided, however, that NetDiligence
may terminate this license to access and use the Portal at any time
in the event NetDiligence determines, in its sole and absolute
discretion, that you have violated this Agreement or have otherwise
misused the Portal in any way. As between you and NetDiligence,
except for those rights granted to you pursuant to this Agreement,
NetDiligence owns and shall retain all right, title, and interest
in and to the Portal, and any portions thereof. You shall not have
any other rights or licenses except for the specific rights and
licenses granted under this Agreement.
2.2Prohibited Uses of
Portal.
You agree not to do any of the following:
- Use the Portal for any commercial, advertising or illegal
purpose or in contravention of the terms and conditions contained
in this Agreement;
- Access, monitor or copy any Content or information posted on or
inputted into this Portal using any robot, spider, scraper or other
automated means;
- Take any action that imposes, or may impose, in our sole
discretion, an unreasonable or disproportionately large load on, or
interfere with, or block access to, the Portal;
- Post or transmit any false, misleading, unlawful,
threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any
law;
- Copy, use, display, create derivative works of or distribute
any Content or other material in violation of any copyright,
trademark or other proprietary right, or that is a trade
secret;
- Deep-link to any portion of this Portal for any purpose without
our express written permission;
- "Frame", "mirror" or otherwise incorporate any part of this
Portal into any other website without our prior written
authorization; or
- Upload or transmit to the Portal, or use any device, software
or routine with respect to the Portal that contains, any malicious
code;
- Download or copy of account information for the benefit of
another vendor or any other third party; or
- Bypass any measures used by NetDiligence to prevent or restrict
access to the Portal
Any unauthorized use by you shall terminate the permission or
license granted to you by NetDiligence.
2.3Ownership.
The Portal is the sole and exclusive property of NetDiligence.
The Content displayed on the Portal, other than as provided herein
or in the separate Terms and Conditions regarding eRiskRx, is the
property of NetDiligence and/or other parties. NetDiligence and its
licensors retain all right, title and interest (including all
copyright, trademark, patent, trade secrets, and all other
intellectual property rights) in the Portal and Content. The Portal
and Content is protected by copyright, trademark, patent, trade
secrets, unfair competition, and other laws of world, through the
application of local laws or international treaties. Any
unauthorized use, reproduction or modification of the Portal or
Content may violate such laws, and is strictly prohibited under
this Agreement.
The trademarks, logos and service marks ("Marks") displayed on
the Portal are the property of NetDiligence and other parties. You
are prohibited from using any Marks for any purpose including, but
not limited to use as metatags on other pages or sites on the World
Wide Web without the written permission of NetDiligence or such
third party which may own the Marks. All information and content
including any software programs available on or through the Portal
("Content") is protected by copyright. Users are prohibited from
modifying, copying, distributing, transmitting, displaying,
publishing, selling, licensing, creating derivative works or using
any Content available on or through the Site for commercial or
public purposes.
NetDiligence does not claim ownership of any materials you make
available through the Portal. With respect to such materials you
submit or make available for inclusion through the Portal, you
grant NetDiligence a perpetual, irrevocable, non-terminable,
worldwide, royalty-free and non-exclusive license to use, copy,
distribute, publicly display, modify, create derivative works, and
sublicense such materials or any part of such materials. You hereby
represent, warrant and covenant that any materials you provide do
not include anything (including, but not limited to, text, images,
music or video) to which you do not have the full right to grant
the license specified in this Section 2.3.
2.4Removal of Content from
Portal.
In NetDiligence's sole and absolute discretion, NetDiligence may
handle, organize, take down, display, present, remove and/or delete
Content and any other information, documents, materials, articles,
papers or trademarks related to this Agreement at any time.
2.5No Endorsement.
NetDiligence is in no way endorsing any Content or representing
that such Content is true, relevant, appropriate, accurate or
complete. NetDiligence is in no way endorsing any Portal Vendor or
any goods, services or content related to any Portal Vendor. You
agree that it is your sole responsibility to conduct an
investigation of the background and qualifications of each Portal
Vendor that you retain to ensure that such Portal Vendor is
qualified and meets your specific needs. You agree that the use of
any Portal Vendor's goods or services is at your own risk.
2.6Links to Other
Websites.
This Portal may contain hyperlinks to websites operated by
parties other than NetDiligence. Such hyperlinks are provided for
reference only. Our inclusion of hyperlinks to such websites does
not imply any endorsement of the material on such websites or any
association with their operators. We do not control such websites
and are not responsible for their contents or the information
handling practices of such websites or those operating them. You
should carefully review the terms and conditions of use of these
sites, because those terms and conditions will apply to your visit
to these other sites. Further, it is up to you to take precautions
to ensure that whatever links you select or software you download
(whether from this Portal or other websites) is free of such items
as viruses, malicious code, worms, trojan horses, defects and other
items of a destructive, disruptive or harmful nature.
2.7Privacy Policy.
Your use of the Portal is subject to our Privacy Policy, which
can be found at www.eriskhub.com/privacy_policy.php. You agree that
you have read our Privacy Policy, and agree that it is reasonable
and acceptable to you. By accepting this Agreement and/or using the
Portal you agree that you consent to the information handling
practices in our Privacy Policy.
2.8No Legal Advice.
Information contained on or made available through the site is
not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance and
no attorney-client relationship is formed.
2.9Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and misuses of the Portal or Content,
and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law
enforcement officials or regulators and disclosing any information
necessary or appropriate to such persons or entities relating to
your profile, email addresses, usage history, posted materials, IP
addresses and traffic information.
2.10Modification of the Portal.
Without prior notice to you, any aspect of the Portal may be
changed, supplemented, deleted, updated, discontinued, suspended,
or modified at any time. However, we make no commitment to update
Content, or maintain the accuracy, completeness, relevancy,
appropriateness or timeliness of such Content. You agree that
NetDiligence shall not be liable to you or for any delay or other
damages that might result from any such change, supplement,
deletion, updating, modification, suspension, or
discontinuance.
3. YOUR ACCOUNT
3.1Registration.
If you register for an account on the Site, you must select a
User ID and password and provide NetDiligence with accurate,
complete, and updated contact information, identification details
and any other form of authentication required as part of the
registration process, in NetDiligence's sole discretion.
Failure to do so constitutes a violation of this Agreement, which
may result in immediate termination of your license to access and
use the Portal. You agree not to impersonate any person or entity
or falsely state or otherwise misrepresent your identity or
affiliation with a person or entity. You shall register for and use
your account on the Portal, and purchase and use the products and
services available through the Portal in strict compliance with (1)
this Agreement, and (2) all applicable laws, rules and regulations
(collectively, “Laws”).
3.2Password
Protection and Responsibility.
If you register for and use an account on the Portal, you are
responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your
account or password. If you are accessing and using the Portal on
someone else’s behalf, you represent that you have the
authority to bind that person as a principal to these Agreement,
and you agree to accept liability for harm caused by that
person’s wrongful use of the Portal.
3.3Notices.
All notices from NetDiligence intended for your receipt shall be
deemed delivered and effective when sent to the email address
provided by you during the registration process. If your email
address changes, you must update the email address you provided in
connection with your account.
3.4Termination.
You may terminate your account at any time, for any reason, by
following the instructions on the Update Profile page available at
https://www.eriskhub.com/clients/profile.php. NetDiligence reserves
the right to refuse service, terminate accounts, remove content, or
cancel accounts for any reason, in its sole discretion.
4. WARRANTIES; DISCLAIMER
4.1Warranty.
You warrant, represent and covenant that: (a) you have the full
power and authority to enter into this Agreement and to perform
your obligations hereunder, without the need for any consents,
approvals or immunities not yet obtained; (b) your performance
under this Agreement shall not breach any oral or written agreement
with any third party or any obligation owed by you to any third
party to keep any information or materials in confidence or in
trust; (c) all or information supplied by you to us is true and
accurate; (d) you shall not provide false, misleading, unlawful,
threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane information, or any information that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any
law; (e) any documents or information provided to us does not and
shall not infringe, misappropriate or violate any patent,
copyright, trademark, trade secret, publicity, privacy or other
intellectual property or other rights of any third party; (f) you
have the right to grant the rights and assignments granted herein,
without the need for any assignments, releases, consents,
approvals, immunities or other rights not yet obtained; (g) you
shall comply with all applicable laws and regulations related to
your performance of this Agreement; and (h) you shall not allow any
unauthorized individuals to access and use the access or use the
Portal.
4.2Disclaimer.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE PORTAL, OR OBTAINED
FROM A WEBSITE TO WHICH THE PORTAL IS LINKED (A "LINKED SITE") ARE
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS
OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, SECURITY OR ACCURACY. EXCEPT AS SET FORTH IN THIS
SECTION 3.2 OR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
NEITHER PARTY MAKES, AND EACH PARTY HEREBY DISCLAIMS, ANY OTHER
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED
(EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, WITH RESPECT
TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ANY REPRESENTATIONS OR
WARRANTIES CONCERNING THE SERVICES, CONTENT OR LICENSE (INCLUDING
WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS, TIMELINESS OR
TRUTHFULNESS OF SUCH CONTENT). NETDILIGENCE DOES NOT ENDORSE AND IS
NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE OR STATEMENT MADE THROUGH THE PORTAL BY ANY PARTY OTHER THAN
NETDILIGENCE, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE
CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM
A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW,
UNDER NO CIRCUMSTANCE WILL NETDILIGENCE BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE
PORTAL OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE
OBTAINED FROM THE PORTAL OR A LINKED SITE. IT IS THE RESPONSIBILITY
OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF
ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PORTAL,
OR OBTAINED FROM A LINKED SITE.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL NETDILIGENCE AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR
ANY ACT, ERROR OR OMISSION BY ANY PORTAL VENDOR, LOSS OF PROFITS,
LOSS OF USE, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS
AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE), AND WHETHER OR NOT THE POSSIBILITY
OF SUCH DAMAGES HAS BEEN DISCLOSED TO THE PARTIES IN ADVANCE OR
COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTIES. NETDILIGENCE'S
TOTAL LIABILITY ON ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF OR
CONNECTED WITH THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER
ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED ONE HUNDRED UNITED
STATES DOLLARS ($100).
6. INDEMNIFICATION
You shall indemnify and hold harmless, and at NetDiligence's
request defend, NetDiligence and its Affiliates, subsidiaries,
successors and assigns (and its and their officers, directors,
employees, sublicensees, customers and agents) from and against any
and all claims, losses, liabilities, damages, settlements, expenses
and costs (including reasonable attorneys' fees and court costs)
(the foregoing, collectively, "Claim(s)") which arise directly or
indirectly out of or relate to your actions or omissions resulting
in: (a) any breach (or claim or threat thereof that, if true, would
be a breach) of this Agreement by you, including any breach or
alleged breach of any representation, warranty or covenant set
forth in Section 4; (b) any fee dispute with a Portal Vendor; (c)
any employment-related claims; (d) any defective, incomplete,
non-performing, under-performing, malfunctioning or inadequate
goods (including without limitation software and hardware)
developed, created or licensed by you; (f) any personal/bodily
injury and property damage; (g) any infringement, misappropriation
or violation by you of any patent, copyright, trademark, trade
secret, publicity, privacy or other proprietary or other rights of
any third party; and (h) any content provided by the you.
NetDiligence shall notify you promptly of any Claim for which
indemnification is sought; provided, however, that the failure to
give such notice shall not relieve you of your obligations
hereunder. NetDiligence may, at its option and expense, participate
and appear on an equal footing with you in the defense of any Claim
that is conducted by you as set forth herein.
7. TERMINATION
NetDiligence, in its sole discretion, may, at any time and
without advance notice or liability, terminate or restrict your
access to all or any component of the Portal, even if access
continues to be allowed to others. Upon such termination or
suspension, you must immediately discontinue use of the Portal, and
destroy any copy you have made of any portion of the Portal.
Accessing the Portal after such termination, suspension, or
discontinuation shall constitute an act of trespass. NetDiligence
shall not be responsible to you to such suspension or
termination.
8. INDEPENDENT CONTRACTOR RELATIONSHIPS
8.1Relationship with
You.
NetDiligence's relationship with you shall be that of an
independent contractor and nothing in this Agreement should be
construed to create a partnership, joint venture, agency or
employer-employee relationship between the you and NetDiligence.
Neither party is the agent of the other party and neither party is
authorized, or has any authority, to make any representation,
contract or commitment on behalf of the other party, or otherwise
bind the other party in any respect whatsoever. Further, it is not
the intention of this Agreement or of the parties hereto to confer
a third party beneficiary right of action upon any third party or
entity whatsoever, and nothing in this Agreement shall be construed
to confer upon any third party other than the parties hereto a
right of action under this Agreement or in any manner
whatsoever.
8.2Relationship with
Portal Vendors.
You agree that NetDiligence's relationship with Portal Vendors
shall be that of an independent contractor and nothing in this
Agreement (or any other agreement) should be construed to create a
partnership, joint venture, agency or employer-employee
relationship between the NetDiligence and any Portal Vendor. No
Portal Vendor is the agent of NetDiligence and no Portal Vendor is
authorized, or has any authority, to make any representation,
contract or commitment on behalf of NetDiligence, or otherwise bind
NetDiligence in any respect whatsoever. Separate terms and
conditions may apply to the content, documents, products, goods,
materials or services of Portal Vendors and other third parties.
Please read these separate terms and conditions carefully. You
agree that your use, reliance upon or purchase of any content,
information, documents, products, goods, materials or services of
Portal Vendors or other third parties is entirely at your own risk.
You agree that NetDiligence is in no way responsible or liable for
any act, error or omission by any Portal Vendor.
9. EQUITABLE RELIEF
You recognize that the covenants contained in Sections 3, 4 and
5 of this Agreement are reasonable and necessary to protect the
legitimate interests of NetDiligence, that NetDiligence would not
have entered into this Agreement in the absence of such covenants,
and that your breach or threatened breach of such covenants may
cause NetDiligence irreparable harm and significant injury, the
amount of which shall be extremely difficult to estimate and
ascertain, thus, making any remedy at law or in damages inadequate.
Therefore, you agree that NetDiligence shall be entitled, without
the necessity of posting of any bond or security, to seek the
issuance of injunctive relief by any court of competent
jurisdiction enjoining any breach or threatened breach of such
covenants and for any other relief such court deems appropriate.
This right shall be in addition to any other remedy available to
NetDiligence hereunder or otherwise, whether at law or in
equity.
10. WAIVER
The waiver by NetDiligence of a breach of or a default under any
provision of this Agreement shall not be effective unless in
writing and shall not be construed as a waiver of any subsequent
breach of or default under the same or any other provision of this
Agreement, nor shall any delay or omission on the part of
NetDiligence to exercise or avail itself of any right or remedy
that it has or may have hereunder operate as a waiver of any right
or remedy.
11. CONSTRUCTION
This Agreement has shall be interpreted fairly in accordance
with its terms and without any construction in favor of or against
either you or NetDiligence. As used in this Agreement, "include,"
"includes," "including," and "e.g." shall mean "including, without
limitation." The captions and section and paragraph headings used
in this Agreement are inserted for convenience only and shall not
affect the meaning or interpretation of this Agreement.
12. MODIFICATIONS AND NOTIFICATION OF CHANGES.
NetDiligence may edit or modify this Terms of Use at its
discretion and will post any modified version. As a result,
you acknowledge that periodic and regular visits to this Terms of
Use are recommended and that continued use of the Portal or any
associated NetDiligence website after we modify these Terms of User
and provide them for your review shall constitute your acceptance
of and consent to any modifications.
13. GOVERNING LAW; VENUE
This Agreement is to be construed in accordance with and
governed by the internal laws of the Commonwealth of Pennsylvania
without giving effect to any choice of law rule that would cause
the application of the laws of any jurisdiction other than the
internal laws of the Commonwealth of Pennsylvania to the rights and duties of
the parties. Any legal suit, action or proceeding arising out of or
relating to this Agreement shall be commenced in a federal court in
the United States District Court for the Eastern District of
Pennsylvania or in state court in the County of Philadelphia,
Pennsylvania, and each party hereto irrevocably submits to the
exclusive jurisdiction and venue of any such court in any such
suit, action or proceeding.
14. SEVERABILITY
If the application of any provision of this Agreement to any
particular facts or circumstances shall for any reason be held to
be invalid, illegal or unenforceable by a court, arbitration panel
or other tribunal of competent jurisdiction, then (a) the validity,
legality and enforceability of such provision as applied to any
other particular facts or circumstances, and the other provisions
of this Agreement, shall not in any way be affected or impaired
thereby and (b) such provision shall be enforced to the maximum
extent possible so as to effect the intent.
15. PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT
NetDiligence respects the intellectual property of others, and
we ask you to do the same. NetDiligence may, in appropriate
circumstances and at its discretion, disable and/or terminate your
accounts if we suspect you may be infringing the intellectual
property of a third party. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please
provide NetDiligence’s Copyright Agent the following
information:
- An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
- A description of the copyrighted work or other intellectual
property that you claim has been infringed;
- A description of where the material that you claim is
infringing is located on the Portal;
- Your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
- A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
NetDiligence's agent for notice of claims of copyright or
other intellectual property infringement can be reached as
follows:
| Copyright Agent: |
| Sharon Lyon |
| 5410 Schumacher Lane, Houston, TX 77056 |
| 713.686.4252 |
|
|
NetDiligence may update this mailing address from time to time.
You agree that changes to this mailing address shall not constitute
a modification to this Agreement for the purposes of Section 11 of
this Agreement.
If you believe that a notice of copyright infringement has been
improperly submitted against you, you may submit a Counter-Notice,
pursuant to Sections 512(g)(2) and (3) of the Digital Millennium
Copyright Act. You may complete the Counter-Notice Regarding Claim
of Copyright Infringement form, or otherwise provide a written
communication which contains:
- Your physical or electronic signature;
- Identification of the material removed or to which access has
been disabled;
- A statement under penalty of perjury that you have a good faith
belief that removal or disablement of the material was a mistake or
that the material was misidentified;
- Your name and telephone number, and a statement that you
consent to the jurisdiction of the Federal District court (i) in
the judicial district where your address is located if the address
is in the United States, or (ii) located in the Eastern District of
Pennsylvania (County of Philadelphia, Pennsylvania), if your
address is located outside the United States, and that you will
accept service of process from the Complainant submitting the
notice or his/her authorized agent.
Please submit your Counter-Notice to NetDiligence’s
Copyright Agent via e-mail or mail to the addresses specified
above.
16. FORCE MAJEURE
NetDiligence shall be excused from performance under these Terms
and Conditions to the extent it is prevented from or delayed from
performing, in whole or in part, as a result of an event or series
of events caused by or resulting from (1) weather conditions or
other elements of nature or acts of God, (2) acts of war, acts of
terrorism, insurrection, riots, civil disorders or rebellion, (3)
quarantines or embargoes, (4) labor strikes, or (5) other causes
beyond the reasonable control of NetDiligence.
17. ENTIRE AGREEMENT
You acknowledge and agree that these Terms and Conditions
constitute the complete and exclusive agreement between you and
NetDiligence concerning your access to and use of the Site, and
supersede and govern all prior proposals, agreements, or other
communications, whether oral or in writing, with respect to the
Site. You represent, warrant, and covenant that your access to and
use of the site will comply with these Terms and Conditions.
18. ASSIGNMENT
You may not assign these Terms and Conditions (or any rights,
benefits or obligations hereunder) by operation of law or otherwise
without the prior written consent of NetDiligence, which may be
withheld at NetDiligence’s sole discretion. Any attempted
assignment that does not comply with these Terms and Conditions
shall be null and void. NetDiligence may assign these Terms and
Conditions, in whole or in part, to any third party in its sole
discretion.
19. EFFECT OF TERMINATION/SURVIVAL OF TERMS
Notwithstanding any other provisions of
this Agreement, or any general legal principles to the contrary,
any provision of this Agreement that imposes or contemplates
continuing obligations on a party will survive the expiration or
termination of this Agreement, and all other rights and obligations
of the parties under this Agreement shall expire.
20. HOW TO CONTACT US
If you have any questions, comments, requests or concerns
related to this Agreement, please visit:
https://www.eriskhub.com/contact_us.php. You also may write
to:
| NetDiligence |
| P.O. Box 204 |
| Gladwyne, Pennsylvania 19035 |
21. EFFECTIVE DATE
June 17, 2011
|