A) Limited License to Content: Customer hereby grants to The Company the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit any Customer Content, or any Customer trademarks, fonts, logos, or other objects or designs provided to The Company hereunder, solely for the purpose of rendering The Company’s Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
B) Rights to the Web Site and Content: With the exception of any Third-Party Materials and Background Technology as set forth below, Customer owns the “Customer Content,” which means all content and/or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, and/or software), in any medium, provided by Customer to The Company. “Third-Party Materials” means any content, software, and/or other computer programming material that is owned by an entity other than The Company, and licensed by The Company or generally available to the public, including Customer, under published licensing terms, and that The Company will use to display or run a Web site. The Company owns the rights to the design of the web site. If Customer stops paying the monthly fee for Services, they will be cancelled and the Customer will not be entitled to use the web site for any purposes whatsoever.
C) Limited License to the Background Technology: “Background Technology” means computer programming/formatting code or operating instructions developed by or for The Company and used to host or operate a website or a webserver in connection with a website. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and/or menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of The Company. All rights to the Background Technology not expressly granted to Customer hereunder are retained by The Company. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
D) Digital Millennium Copyright Act: Customer agrees not to use The Company Services or equipment in violation of the copyrights, trademarks, patents, or trade secrets of third parties, nor shall Customer utilize The Company Services or equipment to publish such materials in a manner that would expose them to public view in violation of the law. All third-party takedown requests, wherein aggrieved parties ask The Company to remove Customer Content claimed to infringe intellectual property rights will be addressed in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) (17 U.S.C. § 512, et seq.) and other applicable trademark, copyright, patent and/or other intellectual property laws. Aggrieved third parties should notify The Company of their claim by sending an email to [email protected] and include information such as IP address or URL of the infringing content as well as any other information to help The Company verify the third-party allegation.
Our DMCA Contact:
Attention: Copyright Officer
NodeSpace Technologies, LLC
13 N. Washington St Ste 521
Ypsilanti, MI 48197
E) Customer IP Duties: Customer affirmatively represents, agrees, and warrants to maintain at all times the necessary intellectual property rights, including, but not limited to, all copyrights, trademark and/or servicemark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, Customer Content or content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of The Company Services or equipment, prior to and at all periods during the time that such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of The Company Services or equipment.
F) Suspension/Termination: The Company may Suspend performance under or Terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove your data from any The Company equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with relevant laws if it is informed or otherwise believes, in its sole discretion, that Customer Content violates the intellectual property rights of any third party or is otherwise the subject of a dispute. Customer agrees to waive any and all claims, now and forever, against The Company relating to the Customer Content and/or Customer’s use and operation of The Company Services. Customer agrees to indemnify and hold harmless The Company from and against any such claims. Customer Agrees that in the event that The Company is informed by any party that your Customer Content infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then The Company may, without prior notice to you and its sole and exclusive discretion, remove and/or disable public access to all or part of Customer’s Content, and/or terminate this Agreement, without any liability of any kind to The Company from either you or any third party. Customer agrees to waive any and all claims, now and forever, against The Company relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agrees to indemnify and hold harmless The Company from and against any such claims.