netRocket bookmarking, tagging and scheduling the sites you browse and discover -- Terms of Use

Last Updated: December 16, 2007

Welcome to the User Agreement for isend.com, LLC d/b/a NetRocket (“NetRocket” or “we” or “us”). This agreement describes the terms on which you may access and use our services. In order to become a NetRocket user, you must read and accept all of the terms and conditions of this agreement, the Privacy Policy and the Copyright Policy. In the event of any inconsistency between either the Privacy Policy or the Copyright Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may neither use nor access our services.

We reserve the right to modify this Agreement, including the Privacy Policy and the Copyright Policy, at any time, and without prior notice, by posting amended terms on this website. Your continued use of the NetRocket service indicates your acceptance of the amended User Agreement. You may always find a current and up to date version of this Agreement or the policies at the following uniform resource locators, so we recommend that you bookmark them and review the terms from time to time: http://netrocket.com/termsofuse.aspx (User Agreement), http://netrocket.com/privacypolicy.aspx (Privacy Policy), and http://netrocket.com/copyrightpolicy.aspx (Copyright Policy).

Description of Service
NetRocket is an online service offered to enable users to file, store, aggregate, sort and time-schedule links to favorite web sites and other information in one central, readily accessible on-line location, with related user-selected email reminders (the “NetRocket Service”).

Use of Service
Your use of the NetRocket Service is governed by this User Agreement. NetRocket may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify NetRocket of any unauthorized use of your password or account or any other breach of security. NetRocket cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination
You agree that NetRocket may, with or without cause, immediately terminate your NetRocket account and access to the NetRocket Service without prior notice. Without limiting the foregoing, the following will lead to a termination by NetRocket of your use of the NetRocket Service: (a) breaches or violations of this User Agreement or other incorporated agreements or policies, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) technical issues or problems, and (e) extended periods of inactivity. Termination of your NetRocket account includes removal of access to all offerings within the NetRocket Service and may also bar you from further use of the NetRocket Service. Furthermore, you agree that all terminations shall be made in NetRocket’s sole discretion and that NetRocket shall not be liable to you or any third-party for any termination of your account or access to the NetRocket Service.

User Conduct
You understand and agree not to use the NetRocket Service or web sites to:

Add content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Use the NetRocket Service for any illegal purpose, including but not limited to conspiring to violate laws.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that:

you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

Upload, post, email, transmit or otherwise make available:

any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
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.

Stalk or harass anyone.
Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
Interfere with or disrupt the NetRocket Service or servers or networks connected to the NetRocket Service, or disobey any requirements, procedures, policies or regulations of networks connected to the NetRocket Service.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to 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.

Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the NetRocket website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

NetRocket Communications
In the course of providing you services, NetRocket may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the NetRocket Service, including a series of welcome emails which help inform new users about various features of the NetRocket Service.

Monitoring and Enforcement
While we have the right to monitor activity and content associated with the NetRocket Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees
Signing up for a basic NetRocket account is free. Certain other services are provided for free only to beta users. NetRocket reserves the right to charge for the NetRocket Service or any portion thereof, modify the pricing of, add to, or discontinue the NetRocket Service or any portion thereof without prior notice.

Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless NetRocket Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the NetRocket Service; ii) unauthorized access to or alteration of your communications with or through the NetRocket Service, or iii) any other matter relating to the NetRocket Service. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that NetRocket may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of NetRocket, its users, and the public.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE NETROCKET SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT NETROCKET DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION. NETROCKET 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. NETROCKET MAKES NO WARRANTY THAT (i) THE NETROCKET SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE NETROCKET SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NETROCKET SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NETROCKET SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IN OTHER WORDS, WHILE THE NETROCKET SERVICE IS PROVIDED AS A SERVICE TO OUR USERS, INTENDED TO ENHANCE THE CONVENIENCE OF THEIR WEB BROWSING EXPERIENCE, YOU USE THE SERVICE AT YOUR RISK AND PERIL. BY WAY OF EXAMPLE ONLY, YOU, AND NOT NETROCKET, ARE ULTIMATELY RESPONSIBLE FOR TAKING ANY ACTION IN CONNECTION WITH WHICH YOU INTEND TO RELY UPON THE NETROCKET SERVICE TO MAKE YOU AWARE OR TO REMIND YOU TO TAKE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NETROCKET SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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. 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 MAY NOT APPLY TO YOU.

Entire Agreement
The User Agreement constitutes the entire agreement between you and NetRocket and governs your use of the NetRocket Service, superseding any prior agreements between you and NetRocket.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETROCKET 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 NETROCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL NETROCKET’S TOTAL CUMULATIVE DAMAGES EXCEED ONE HUNDRED DOLLARS (US$100.00).

Governing Law
The User Agreement between you and NetRocket will be governed by and construed in accordance with the laws of the State of Maryland without regard to conflict of laws principles.

General Information
NetRocket, the NetRocket logo, and other NetRocket logos and names are trademarks of isend.com, LLC. You agree not to display or use these trademarks in any manner without NetRocket’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to: admin [at] netrocket.com (replace [at] with @ as necessary).