Common use of Restrictions on Access and Use Clause in Contracts

Restrictions on Access and Use. Except as otherwise expressly permitted herein, You shall not (i) use, or allow the use of, the Service or the Recall Data for any purpose (including, without limitation, for any commercial use or to perform analytics), other than the Permitted Use, or otherwise in contravention of this Agreement or any federal, state, local, foreign or other applicable laws, rules or regulations, (ii) sell or resell the Recall Data or information derived therefrom, in whole or in part, to any person or third party, (iii) share Your User Credentials or any Authorized User Credentials with any person or entity, (iv) permit use of Your User Account or the Recall Data, in whole or in part, by any person or entity, (v) cause, permit or authorize the decompilation, modification, disassembly or reverse engineering of the Service, or create derivative works thereof, (vi) sell, assign, rent, transfer, distribute, act as a service bureau, sublicense or otherwise grant rights in the Service or the Recall Data to any person or entity, (vii) recreate, compile or integrate the Recall Data with other data, (viii) engage in the practice of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of vehicles, portions of a database or other lists or information (including, without limitation, any Recall Data) in or from the Service, (ix) introduce into the Service any virus, spyware, ransomware, worms, Trojan horses, malware, logic bombs, software or other code or routine intended to disrupt, delete, damage or alter the Service, or (x) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other user’s use and enjoyment of the Service. YOU MAY NOT MAKE USE OF ANY ROBOTS, WEBCRAWLERS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER, INDEX, PROCESS, COPY OR STORE ANY CONTENT OR INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY RECALL DATA) FROM THE SERVICE. SYSTEMATIC RETRIEVAL OR USE OF THE SERVICE OR ANY RECALL DATA TO CREATE OR COMPILE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, A COLLECTION, COMPILATION, DATABASE OR DIRECTORY IS STRICTLY PROHIBITED.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

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Restrictions on Access and Use. Except When accessing and using the Services, you specifically agree to: Only use (or attempt to use) the Site through interfaces provided MEYERPT; Comply with the instructions in any robots.txt file present on the Site; Provide all equipment that is necessary to access the Site; Protect the security of the password that you use to access the Services and immediately notify MEYERPT at xxxxxxxxxxxxxxxxx@xxxxxxx.xxx if you believe or have reason to believe that such security has been breached or that your password has been obtained without your permission When accessing and using the Services, you specifically agree not to: Engage in activity that is in violation of these Terms or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; Engage in conduct that is fraudulent or otherwise harmful to MEYERPT, our partners, or any other user; Display to others, mirror, or frame the Services, or any component of the Services; Access the Services if we have prohibited you from such access; Circumvent any rules or terms set forth on the Services including those relating to any promotion, contest or program on the Services; Access, tamper with, or use non-public areas of the Services, XXXXXXX’s computer systems, or the technical delivery systems of MEYERPT or MEYERPT’s providers; Probe, scan, or test the vulnerability of the Services or breach any security or authentication measures; Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site; Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Services; Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Services; Collect any personally identifiable information from users of the Services or use any such information found on the Services; Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; Use the Services to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours; Use the Services to advertise or perform any commercial solicitation; Use any meta tags or other hidden text or metadata utilizing a MEYERPT trademark, logo, URL, or product name without MEYERPT’s express written consent. Infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party; Engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment; Disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges; Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as otherwise expressly permitted hereina foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs. Extract any content or information from the Site (whether by manual or automated means) for any commercial purpose. You likewise agree that you will not attempt to do anything, You shall not (i) useor permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms. You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Services (such as by attempting to retrieve information from or about the Services) through the use ofof any engine, the Service software, tool, agent, device, or the Recall Data for any purpose mechanism (including, without limitation, for any commercial use or to perform analytics)spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the Permitted UseHTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Services. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms and the Services’ robots.txt file, the more restrictive of the two shall apply.) If you attempt to access, search, or otherwise use the Services in contravention of this Agreement or any federal, state, local, foreign or way other applicable laws, rules or regulations, (ii) sell or resell than through a generally available third-party web browser meeting the Recall Data or information derived therefrom, in whole or in part, to any person or third party, (iii) share Your User Credentials or any Authorized User Credentials with any person or entity, (iv) permit use of Your User Account or the Recall Data, in whole or in part, by any person or entity, (v) cause, permit or authorize the decompilation, modification, disassembly or reverse engineering of the Serviceconditions described above, or create derivative works thereofif you disregard our robots.txt files, (vi) sellyou agree that such action shall constitute your permanent consent and authorization for MEYERPT to immediately and without notice to you, assignaccess, rentsearch, transferretrieve information from or about, distribute, act as a service bureau, sublicense or otherwise grant rights in the Service use, any websites that you or the Recall Data to your affiliates own, operate, or control, through any person engine, software, tool, agent, device, or entitymechanism MEYERPT considers appropriate, (vii) recreate, compile or integrate the Recall Data with other data, (viii) engage in the practice of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of vehicles, portions of a database or other lists or information (including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any Recall Data) statement on such websites (or in or from the Servicetheir terms of use, (ix) introduce into the Service any virusterms of service, spyware, ransomware, worms, Trojan horses, malware, logic bombs, software or other code or routine intended to disrupt, delete, damage or alter the Servicerobots.txt files, or the like) to the contrary, either directly or indirectly (x) use e.g., through a third party). If you are accessing the Service in any manner Services as an employee or agent, you acknowledge that could damageyou are extending the permanent consent and authorization described above on behalf of your employer or principal, disableand you represent that you have authority from that employer or principal to do so. If you are accessing the Services as an employer or principal, overburdenyou authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, or impair the Service or interfere with any other user’s use and enjoyment you acknowledge that your permanent consent and authorization will bind all of the Service. YOU MAY NOT MAKE USE OF ANY ROBOTS, WEBCRAWLERS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER, INDEX, PROCESS, COPY OR STORE ANY CONTENT OR INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY RECALL DATA) FROM THE SERVICE. SYSTEMATIC RETRIEVAL OR USE OF THE SERVICE OR ANY RECALL DATA TO CREATE OR COMPILE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, A COLLECTION, COMPILATION, DATABASE OR DIRECTORY IS STRICTLY PROHIBITEDyour employees and agents.

Appears in 1 contract

Samples: Use Agreement

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Restrictions on Access and Use. Except When accessing and using the Services, you specifically agree to: Only use (or attempt to use) the Site through interfaces provided MEYERDC; Comply with the instructions in any robots.txt file present on the Site; Provide all equipment that is necessary to access the Site; Protect the security of the password that you use to access the Services and immediately notify MEYERDC at xxxxxxxxxxxxxxxxx@xxxxxxx.xxx if you believe or have reason to believe that such security has been breached or that your password has been obtained without your permission When accessing and using the Services, you specifically agree not to: Engage in activity that is in violation of these Terms or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; Engage in conduct that is fraudulent or otherwise harmful to MEYERDC, our partners, or any other user; Display to others, mirror, or frame the Services, or any component of the Services; Access the Services if we have prohibited you from such access; Circumvent any rules or terms set forth on the Services including those relating to any promotion, contest or program on the Services; Access, tamper with, or use non-public areas of the Services, MEYERDC’s computer systems, or the technical delivery systems of MEYERDC or MEYERDC’s providers; Probe, scan, or test the vulnerability of the Services or breach any security or authentication measures; Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site; Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Services; Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Services; Collect any personally identifiable information from users of the Services or use any such information found on the Services; Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; Use the Services to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours; Use the Services to advertise or perform any commercial solicitation; Use any meta tags or other hidden text or metadata utilizing a MEYERDC trademark, logo, URL, or product name without MEYERDC’s express written consent. Infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party; Engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment; Disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges; Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as otherwise expressly permitted hereina foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs. Extract any content or information from the Site (whether by manual or automated means) for any commercial purpose. You likewise agree that you will not attempt to do anything, You shall not (i) useor permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms. You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Services (such as by attempting to retrieve information from or about the Services) through the use ofof any engine, the Service software, tool, agent, device, or the Recall Data for any purpose mechanism (including, without limitation, for any commercial use or to perform analytics)spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the Permitted UseHTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Services. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms and the Services’ robots.txt file, the more restrictive of the two shall apply.) If you attempt to access, search, or otherwise use the Services in contravention of this Agreement or any federal, state, local, foreign or way other applicable laws, rules or regulations, (ii) sell or resell than through a generally available third-party web browser meeting the Recall Data or information derived therefrom, in whole or in part, to any person or third party, (iii) share Your User Credentials or any Authorized User Credentials with any person or entity, (iv) permit use of Your User Account or the Recall Data, in whole or in part, by any person or entity, (v) cause, permit or authorize the decompilation, modification, disassembly or reverse engineering of the Serviceconditions described above, or create derivative works thereofif you disregard our robots.txt files, (vi) sellyou agree that such action shall constitute your permanent consent and authorization for MEYERDC to immediately and without notice to you, assignaccess, rentsearch, transferretrieve information from or about, distribute, act as a service bureau, sublicense or otherwise grant rights in the Service use, any websites that you or the Recall Data to your affiliates own, operate, or control, through any person engine, software, tool, agent, device, or entitymechanism MEYERDC considers appropriate, (vii) recreate, compile or integrate the Recall Data with other data, (viii) engage in the practice of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of vehicles, portions of a database or other lists or information (including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any Recall Data) statement on such websites (or in or from the Servicetheir terms of use, (ix) introduce into the Service any virusterms of service, spyware, ransomware, worms, Trojan horses, malware, logic bombs, software or other code or routine intended to disrupt, delete, damage or alter the Servicerobots.txt files, or the like) to the contrary, either directly or indirectly (x) use e.g., through a third party). If you are accessing the Service in any manner Services as an employee or agent, you acknowledge that could damageyou are extending the permanent consent and authorization described above on behalf of your employer or principal, disableand you represent that you have authority from that employer or principal to do so. If you are accessing the Services as an employer or principal, overburdenyou authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, or impair the Service or interfere with any other user’s use and enjoyment you acknowledge that your permanent consent and authorization will bind all of the Service. YOU MAY NOT MAKE USE OF ANY ROBOTS, WEBCRAWLERS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER, INDEX, PROCESS, COPY OR STORE ANY CONTENT OR INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY RECALL DATA) FROM THE SERVICE. SYSTEMATIC RETRIEVAL OR USE OF THE SERVICE OR ANY RECALL DATA TO CREATE OR COMPILE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, A COLLECTION, COMPILATION, DATABASE OR DIRECTORY IS STRICTLY PROHIBITEDyour employees and agents.

Appears in 1 contract

Samples: Use Agreement

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