s3w.net Open in urlscan Pro
152.89.37.250 Public Scan

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Submitted URL:
http://s3w.net/
Effective URL:
https://s3w.net/
Submission: On April 19 via api (April 19th 2023, 2:09:58 pm UTC) from TR — Scanned from DE

Form analysis
1 forms found in the DOM

<form>
  <div class="form-row">
    <div class="col-12 col-md-9 mb-2 mb-md-0"><input type="url" placeholder="Paste a long url" class="form-control form-control-lg"></div>
    <div class="col-12 col-md-3"><button data-style="zoom-in" type="submit" class="btn btn-block btn-lg btn-primary btn-submit"><i class="fas fa-link"></i> Shorten </button></div>
  </div>
</form>

Text Content

S3W URL Shortener Log in

ONE LINK, A THOUSAND NUMBERS, ANALYZE YOUR VISITS.

Shorten

Acceptable Use Policy

S3W PRIVACY POLICY

EFFECTIVE DATE: DECEMBER 9TH, 2021

Welcome to s3w. This Privacy Policy describes the policies and procedures of
s3w, Inc. (“s3w”, “we” or “us”) for the collection, use, security and disclosure
of personal information about you. It also describes your choices regarding use,
access, deletion, and correction of your personal information.

SCOPE

This Privacy Policy explains how s3w treats the personal information it gathers
when you use or access https://s3w.com (the “Site”) or the services, features,
content or applications offered by s3w (collectively with the Site, the
“Services”), or when you view or interact with a s3w link (either our s3w.net
links or one of our branded domains). This Privacy Policy also covers s3w’s
treatment of any information about you that s3w’s customers share with s3w.

This Privacy Policy does not apply to the practices of other businesses that s3w
does not own or control, including other companies’ websites, services and
applications (“Third Party Services”) that you can access through the Services
or to individuals that s3w does not manage or employ. We cannot take
responsibility for the content or privacy policies of Third Party Services. We
encourage you to review the privacy policies of any Third Party Services you
access or use.

INFORMATION WE COLLECT

s3w may collect personal information about you from the following sources, as
described in this Privacy Policy, when you (i) register for the Site and the
Services, through your user account with s3w, including registering through a
third-party social networking service (your “Account”); (ii) use the Services;
or (iii) view or interact with a s3w link (either our s3w.net links or one of
our branded domains) on a third-party website. We collect the following types of
information from you, some of which might be considered personal information
under applicable law.

When You Register for a s3w Account
When you create an Account, we may collect personal information from you, such
as your name, phone number, company name, industry, job title, company size,
email address, and sign-in information. If you create an Account using your
login information from a third-party account, such as Google, Facebook, Apple,
or Twitter, we will access and collect the personal information about you that
the third-party account provides (which is based on your privacy settings with
the third-party account), so that you can log into your Account with us. We use
your contact information to send you information about our Services and
communicate with you about your Account, your activities on our Site and
Services and policy changes. You may unsubscribe from receiving certain types of
these messages through your Account settings, although s3w reserves the right to
contact you when we believe it is necessary, such as for administrative and
account management purposes.

Some features of the Services allow registered users to provide their own
content to the Services, such as written descriptions of URLs, comments, images
and video. Unless you request deletion of your personal information as described
in this Privacy Policy, all content submitted by you to the Services may be
retained by s3w, even after you terminate your Account and may continue to be
shared by third parties, as described in this Privacy Policy.

When You Create a s3w Link
One feature of the Services is the ability to create shortened uniform resource
locators (URLs) of websites (“s3w Links”). Users can create s3w Links without
registering for an account. When you create a s3w Link, s3w collects and stores
both the original URL and the shortened URL and, if you are logged in to your
Account, we will associate that information with your Account. s3w also collects
and stores your IP address, your geolocation data (which we derive from your IP
address), the time and date on which you shortened the original URL, and if you
share a s3w Link on a social networking platform, the name of the platform and
your username on that platform.

When You Interact With a s3w Link
s3w automatically collects personal information about the interaction (such as
clicks or views) with every s3w Link created through the Services (either our
s3w.net links or one of our branded domains) on a third-party website. This
information includes, but is not limited to: (i) the IP address and location
derived from the IP address; (ii) internet or other electronic network activity
information like the referring websites or services; (iii) the time and date of
each access; (iv) device settings, such as browser type, operating system, and
language; (v) cookies, as described below, and mobile advertising identiﬁers and
(v) information about sharing of the s3w Link on Third Party Services
(collectively, “s3w Link Metrics”). As described in this policy, we use s3w Link
Metrics to provide the Services, to understand and analyze how our Services are
used and to identify trends, and to detect, deter and prevent malicious,
fraudulent or unlawful activity. Please see the “Information We May Share”
section of this Privacy Policy for a description of how we may share information
we collect when you create, view or interact with s3w Links.

Other Information We Automatically Collect
When you visit the Site, we automatically collect (i) your IP address and
location derived from the IP address; (ii) internet or other electronic network
activity information, like the referring websites or services; (iii) the time
and date of each access; (iv) device settings, such as browser type, operating
system, and language; and (v) cookie information. This type of data enables us
and third parties authorized by us to ﬁgure out how often individuals use parts
of the Site so that we can analyze and improve them.

We may receive a conﬁrmation when you open an email from us. We use this
conﬁrmation to improve our customer service.

s3w may use third-party APIs and software development kits (“SDKs”) to provide
certain functions in our Services.

Third Party Services
Some features of the Services allow you to share your content and s3w Links
through your accounts with Third Party Services such as Twitter. If you choose
to connect s3w to such Third Party Services, we may collect information related
to your use of those Third Party Services, such as authentication tokens that
allow us to connect to your Third Party Service accounts. We will ask you for
permission before you authorize our collection of this information. We will only
use that information for the speciﬁc reason for which it was provided to us. We
may also collect information about how you are using the Services to interact
with those connected Third Party Services. Note that Third Party Services may
have the ability to restrict the information that is provided to us based on
your privacy settings of that account.

To enable us to infer the location from the IP addresses of computers or devices
that visit our website or click, view or interact with s3w links as described in
this policy, we receive IP-derived location information from our third-party
service provider. We also receive business contact information of our business
customer contacts and prospects from our third party service provider.

Cookies and Other Similar Technologies
s3w and its partners use cookies or similar technologies to analyze trends,
administer the website, track users’ movements around the website, and to gather
demographic information about our user base as a whole.

Cookies are pieces of text that may be provided to your computer through your
web browser when you access a website. Your browser stores cookies in a manner
associated with each website you visit. We use cookies to enable our servers to
recognize your web browser and tell us how and when you visit our Site and use
the Services through the web.

s3w cookies also allow s3w to track when you have clicked on a s3w Link. Each
click of a s3w Link is tracked using a unique identiﬁer assigned to you in one
or more cookies stored by your web browser and associated with s3w. We may
associate the unique identiﬁer in our cookies with the other information we
automatically collect when you use the Services, as described above, including
your IP address, s3w Links you click, s3w Links you create, and information with
your Account if you have one.

Most browsers have an option for turning off the cookie feature, which will
prevent your browser from accepting new cookies, as well as (depending on the
sophistication of your browser software) allowing you to decide on acceptance of
each new cookie in a variety of ways. If you disable cookies, you will not be
able to use some features of the Services. We do not currently recognize
do-not-track signals.

We partner with third parties to track utilization and behavior on the Site, and
to manage our advertising on other websites. Our third-party partners may use
cookies, web beacons, pixel tags or similar technologies in order to provide you
advertising based upon your browsing activities and interests. If you wish to
opt out of interest-based advertising click here
(https://preferences-mgr.trustarc.com/) or if located in the European Union
click here (https://www.youronlinechoices.eu/).

This Privacy Policy covers the use of cookies by s3w only and does not cover the
use of cookies by any Third Party Services. s3w does not control when or how
third parties place cookies on your computer, such as when you visit a website
through a s3w Link. You can manage other companies’ cookies used for online
advertising by visiting the Digital Advertising Alliance’s Consumer Choice Page
(http://www.aboutads.info/choices/).

Opt-Out Mechanisms
You may ask s3w not to associate your web browser or IP address with visits to
the s3w.com website or s3w Links that you create or click by clicking on the
appropriate links below. If you would like to opt-out of the s3w Links, please
click on the opt-out choice for s3w Links below. This will install a cookie on
your browser that instructs our servers not to associate your IP address and
browser with s3w Links you create, click, or view. If you clear your cookies in
your browser, you will need to click on the opt- out choice again after each
time you clear your cookies. To be clear, these cookie-based opt-outs must be
performed on each device and browser that you wish to have opted-out.
Cookie-based opt-outs are not effective on mobile applications. However, on many
mobile devices, application users may limit tracking via their device settings.
Please note that if you use these opt-out mechanisms, we will still
automatically collect the IP addresses of computers or mobile devices that click
on or create s3w Links; we just won’t associate them with your browser or s3w
account.

Cookies on s3w Links: Click Here (https://s3w.net/a/optout)

Cookies on s3w.com: Click Here (https://s3w.com/a/optout)

Note Regarding Children
We do not knowingly collect personal information from children. If we learn that
we have collected personal information of a child under 13 (or older as required
by applicable law), we will take steps to delete such information from our ﬁles
as soon as possible.

HOW WE USE INFORMATION

We use the personal information we collect for a variety of administrative and
business purposes to:

* operate our Site and provide the Services, process and complete any
transactions, verify individual identity,
* respond to inquiries, questions and comments and provide customer and
technical support, provide access to certain functionalities of our Services,
* personalize and improve the Services and develop new products and services,
* communicate with our current and prospective customers concerning our
services, measure interest and engagement in our Site and Services,
* monitor and analyze usage and trends of the Site and Services,
* provide services to our customers to allow them to understand how you
interact with our Services and to help detect, deter and prevent malicious,
fraudulent or unlawful activity,
* comply with any legal obligations, and
* enforce our terms and as otherwise described in this Privacy Policy.

Usage Across Devices
We may use the information we collect to make inferences that a unique
individual has created or interacted with s3w links on different devices so that
we can detect, deter and prevent malicious, fraudulent or unlawful activity and
analyze how users use our Services. For example, if you created a s3w link on a
computer connected to your residential WiFi network, and you soon thereafter
clicked on a s3w link on a mobile device connected to the same WiFi network, we
may infer that a single individual created and clicked on the s3w links because
both events were associated with the same IP address in the same time period.

Other Legitimate Interests
We also may use personal information to pursue legitimate interests, such as
direct marketing, research (including marketing research), network and
information security, prevention of fraudulent, malicious and unlawful
activities, or any other purpose disclosed to you at the time you provide
personal information or allowed by law.

INFORMATION WE SHARE

The Services are designed to help you share information with others. In
addition, we provide Services to our Customers that use s3w Link Metrics. As a
result, the following categories of personal information generated through your
use of the Services are shared publicly or with the following categories of
third parties for the business purposes described below.

s3w Links You Create
Much of your activity on and through the Services is public by default. For
example, when you create a s3w Link, the original URLs you have shortened and
the corresponding s3w Links are publicly available.

Account Information
Where permitted by law, if you register a s3w Account with an email address on a
domain owned by an organization, (for example, an employer or educational
institution where you have an email account), we may share your email address
and information about your Account, such as the number of links you have
created, with that organization to explore the organization’s interest in
creating or managing an enterprise account or for related purposes.

Information We Share With Customers
We may share the personal information we collect as described in this Privacy
Policy with our customers. When you create a s3w Link of one of our customer’s
sites, the customer may be able to view the unshortened original URL, the date
and time the s3w Link was created, the location where it was created as derived
from your IP address, and aggregated information about clicks and views of the
s3w Links, including the number of times the s3w Link was shared, whether or not
it was viewed, comparison of that s3w Link’s performance to that of all s3w
Links pointing to the same content, whether others are sharing a s3w Link to the
same content, geographic regions where the content is being viewed, and
identiﬁcation of social networks on which the s3w Links appear. In addition, we
may share s3w Link Metrics with customers to help them detect, deter and prevent
malicious, fraudulent or unlawful activity.

Information You Elect to Share
When creating a s3w Link, you can share that s3w Link through Third Party
Services. Any information that you elect to distribute through Third Party
Services, such as a social network post you create, may then become accessible
to users of those services. You can also access other Third Party Services
through the Services, for example by clicking on links in the Statistics page
for a s3w Link. We recommend that you review the terms of services and privacy
policies of such Third Party Services that you access through the Services since
s3w does not control and is not responsible for the privacy practices of these
Third Party Services.

Information Shared with Service Providers
We may employ and contract with third parties to perform certain tasks on our
behalf and under our direction (our “Service Providers”). We may need to share
information about you with our Service Providers in order to fulfill certain
business purposes, like providing our product with research and analytics on
user behavior and providing advertising products and services to users,
processing payments, and providing email marketing and support services. Our
agreements with these Service Providers authorize them to use your information
only as necessary to provide services to us. Transfers to subsequent third
parties are covered by our agreements with our service providers.

Information Disclosed Pursuant to Business Transfers
We may transfer and/or provide information about our users in connection with an
acquisition, sale of company assets, or other situation where user information
would be transferred as one of our business assets. You will be notiﬁed via
email and/or a prominent notice on our website.

In such a case, the acquirer of s3w may continue to use your information as set
forth in this policy or as otherwise allowed by law.

Information Disclosed for the Protection of s3w and Others
s3w may access, read, preserve, and disclose any information it collects when it
has a good faith belief that doing so is reasonably necessary to (i) comply with
a law, regulation, or compulsory legal request, including process from a
governmental law enforcement or national security agency, (ii) enforce the
Privacy Policy or Terms of Service, including investigation of potential
violations hereof, (iii) detect, deter, prevent or otherwise address malicious,
fraudulent or unlawful activity, (iv) respond to user support requests, or (v)
protect the rights, property or safety of s3w, its users and the public. This
includes exchanging information with other companies and organizations for
protection from malicious, fraudulent or unlawful activity.

Information We Share With Your Consent
We will share information about you when you direct or otherwise instruct us to
do so, such as when you share s3w Links or content with others through the
Services, if you intentionally use or direct us or the Services to interact with
third parties, or if we notify you that the information you provide will be
shared in a particular manner and you provide such information (like
sharing/posting it with a third-party Service).

RETENTION

We retain the personal information we receive as described in this Privacy
Policy for as long as you use our Services or as necessary to fulﬁll the
purpose(s) for which it was collected, provide our Services, resolve disputes,
establish legal defenses, conduct audits, pursue legitimate business purposes,
enforce our agreements, and comply with applicable legal obligations.

INFORMATION SECURITY

Your Account information is protected by a password for your privacy and
security. You can help prevent unauthorized access to your Account by selecting
and protecting your password appropriately, making use of two-factor
authentication, and limiting access to your computer and browser by signing off
after you have ﬁnished accessing your Account.

s3w endeavors to protect the information it collects about its users using
reasonable security processes and controls, however, despite these efforts, no
security measure is perfect or impenetrable and s3w does not guarantee or
warrant that such measures will prevent unauthorized access to the information
about you that is stored by s3w. In the event we experience a breach of
security, we will promptly notify you if your personal information has been
compromised, in accordance with applicable law. If you have any questions about
the security of your personal information, you can contact us
at privacy@s3w.com.

CHOICE AND ACCESS

You don’t need an Account to create s3w Links, and you can use many of the
features of the Services without registering, thereby limiting the type of
information that is collected about you individually. If you have a s3w Account,
you may access, correct, or request deletion of your personal information by
logging into your Account. Once logged in to your account, you will be able to
view a history of the URLs you have shortened and the metrics pages for those
URLs. You can request a complete copy of the personal information we store about
your account by clicking the button to request a report in your Account
Settings. For more information on how to request access to your information,
please see our help article.

You can delete your Account at any time through your Account settings page. If
you delete your Account, you will no longer be able to access or use the
Services. If you have an Account but are unable to access it, you can contact us
at privacy@s3w.com. We will respond to your request within a reasonable
timeframe. If you are a resident of the EEA or Switzerland, you have the right
to ask that your personal data be corrected, updated, or erased. You may also
have the right to object to, or request that we restrict, certain processing.

For all other requests to exercise any of your rights, you may contact us as
indicated in the “Questions” section below. Once we receive your request, we
will ask that you verify your identity such as by authenticating through your
account. If you do not have a s3w account, s3w has no way of identifying you or
verifying that you created or clicked on a s3w link.

You may be entitled, in accordance with applicable law, to submit a request
through an authorized agent. To designate an authorized agent to exercise your
rights and choices on your behalf, please provide a written attestation,
declaration, or permission that has either been physically signed or provided
electronically per applicable law. In certain circumstances, we may be required
by law to retain your personal information.

Please note that in the interest of ensuring that existing s3w Links continue to
function for all of our users, the s3w Links that you have created and shared
cannot be deleted or disabled (even if your Account is deleted), and any
shortening and sharing activity that has already occurred on your Account also
cannot be deleted. If you have concerns about any unauthorized use of your
Account, you can delete your account within your Account settings.

Please see the Cookies section above for additional choices you may have.

CALIFORNIA RESIDENTS

If you are a California Resident, you may request, subject to any applicable
exceptions, access to and deletion of your information or more information about
how we collect, use, and disclose personal information. You may submit a
verifiable request to know and exercise any of your other rights as described in
the “Choice and Access” section above. We will not discriminate against you for
exercising your rights and choices.

The categories of personal information that we have collected in the preceding
12 months and their sources are provided in the “Information We Collect” section
above. Our business purposes for collecting personal information are described
in the “How We Use Information” section above.

s3w does not sell your personal information to third parties for money or other
valuable consideration. s3w does permit third parties to collect the information
described above through our Service and discloses such information with third
parties for business purposes as described in this Privacy Policy, including but
not limited to providing advertising on our Service and elsewhere based on
users’ online activities over time and across different sites, services, and
devices. The categories of third parties to whom we disclose personal
information are provided in the “Information We Share” section above.

SUPERVISORY AUTHORITY

If you are located in the European Economic Area, you have the right to lodge a
complaint with a supervisory authority if you believe our Processing of your
Personal Information violates applicable law.

CHANGES TO THIS PRIVACY POLICY

s3w may amend this Privacy Policy from time to time. If we make material changes
in the way we collect or use information, we will notify you by posting an
announcement on the Services or sending you an email, and we will indicate when
those changes will become effective. You are agreeing to be bound by any changes
to the Privacy Policy when you use the Services after those changes become
effective.

QUESTIONS?

If you have any questions or concerns regarding privacy using the Services,
please send us a detailed message to: privacy@s3w.com. We will make every effort
to resolve your concerns.

S3W TERMS OF SERVICE

Last Updated: March, 2019

s3w, Inc. (“s3w,” “we” or “our”) provides URL shortening, custom-branded link,
and link management and analytics products and services to its users
(collectively, the “s3w Services”). Please read these Terms of Service (the
“Agreement”) carefully, as they govern your access to and use of the s3w
Services and constitutes a binding legal agreement between you and s3w. If you
accept this Agreement or use the s3w Services on behalf of a company or other
legal entity, you represent and warrant that you have the authority to bind that
company or other legal entity to the Agreement and, in such event, “you”, “your”
and “Customer” will refer and apply to that company or other legal entity. If
you have been granted access to and use of the s3w Services by and on behalf of
the primary account holder, whether directly or through an administrator, you
also agree to abide by this Agreement. In addition to this Agreement, Customer’s
use of the s3w Services is governed by the s3w Privacy Policy and s3w’s DMCA
Copyright Policy.

YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A s3w ACCOUNT, PURCHASING A PAID
ACCOUNT, OR ACCESSING OR USING THE s3w SERVICES, YOU ARE INDICATING THAT YOU
HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE
TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE s3w SERVICES.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER AS
DESCRIBED IN THE ARBITRATION SECTION BELOW. YOU AGREE THAT DISPUTES BETWEEN US
WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. SCOPE & MODIFICATIONS
1. Modifications. s3w reserves the right, in its sole discretion, to modify
or replace this Agreement at any time. If we modify these Terms, we will
post the modification on our site or provide you with notice of the
modification on your s3w Account Details page. By continuing to access
or use the s3w Services after the effective date of the modification,
you are indicating that you agree to be bound by the modified Agreement.
Customer agrees that it is Customer’s responsibility to check this
Agreement periodically for changes and that its use of the s3w Services
following the posting of any changes to this Agreement constitutes
acceptance of those changes. If the modified Agreement is not acceptable
to you, your only recourse is to cease using the s3w Services.
2. Scope & Current Offerings. As of the Effective Date, s3w offers certain
s3w Services to Customer. s3w may add, remove, suspend, discontinue,
modify or update the s3w Services at any time, at its discretion. After
the effective date of such update, s3w shall bear no obligation to run,
provide or support legacy versions of the s3w Services.
3. s3w Enterprise Customers. If you have purchased a s3w Enterprise Plan,
these terms may be supplemented or modified by a supplemental enterprise
agreement and one or more order forms, the terms of which will control
to the extent they conflict with these Terms.
4. Support, Uptime & Training. The training and level of customer support
for the tier of s3w Services you purchase is set forth on the s3w
Services pricing page.
2. PAID ACCOUNTS
1. Fees. s3w offers fee-based s3w Services that provide additional features
and functionality. Pricing and services for paid accounts are described
on s3w’s Services pricing page and may be updated from time to time. If
you sign up for a paid account, you agree to pay s3w all applicable fees
for the tier of s3w Services according to your selection. Fees are
non-refundable except as required by law or as otherwise specifically
permitted in this Agreement.
2. Auto-renewals and Trials. If your account is set to auto-renew or is in
a trial period and you have already provided a method of payment to s3w
for the Services, s3w will charge your payment account automatically at
the end of the trial or beginning of each renewal term for the renewal
term, unless you notify us that you want to cancel or disable
auto-renewal before the expiration of the then-current term. You may
terminate the Agreement in your account’s Account Details page, or, if
you purchased your Service through a s3w account representative by
contacting your s3w account representative. If you are on a paid account
plan lasting twelve (12) months or longer, we will notify you within 30
days before your account renews, including any changes in the Fees for
the plan.
3. Payment. Customer will pay s3w invoices on the payment interval
selected. If not otherwise specified, payments will be due immediately.
Customer authorizes s3w to charge Customer for all applicable Fees using
Customer’s selected payment method through s3w’s online payments
platform. Customer will provide complete and accurate billing and
contact information to s3w. s3w may suspend or terminate the Services if
Fees are past due. Unpaid Fees are subject to a finance charge of one
percent (1.5%) per month (18% per annum), or the maximum permitted by
law, whichever is lower, plus all expenses of collection, including
reasonable attorneys’ fees.
4. Taxes. Fees are exclusive of taxes, duties, levies, tariffs, and other
governmental charges (collectively, “Taxes”), and Customer is
responsible for all Taxes resulting from this Agreement or Customer’s
use of the s3w Services. s3w will invoice Customer for Taxes when
required to do so by applicable law, and Customer agrees to provide
payment under the terms of the invoice. In the event Customer is
required by law to deduct and withhold any Taxes on amounts payable
under this Agreement, any amounts required to be withheld will be
promptly deducted and timely remitted by the Customer on behalf of s3w
to the appropriate taxation authority and Customer agrees that it will
provide s3w with copies of all necessary documents (including but not
limited to tax receipts received from the applicable tax authority) in
order for s3w to claim and receive a foreign tax credit in an amount
corresponding to the amount withheld by the Customer.
5. Downgrades. s3w reserves the right to downgrade, suspend or terminate
Customer’s access to any or all s3w Services if Fees are past due.
3. LICENSE, METRICS AND COMPLIANCE;
1. License to s3w Services. Subject to the terms and conditions of this
Agreement and payment of all Fees due hereunder, s3w grants Customer,
and any other party agreed in an Order Form, a limited, revocable,
non-exclusive, non-sublicensable, non-transferable right and license to
use the s3w Services solely to shorten uniform resource locators
(“URL”), receive certain s3w Link Metrics (defined in s3w’s Privacy
Policy) and, for Enterprise Plan Customers, to utilize the other
products and services defined on the applicable Order Form during the
Term.
2. s3w Link Metrics. As part of the provision of s3w Services, s3w collects
and generates s3w Link Metrics, which are described in s3w’s Privacy
Policy. Certain, limited s3w Link Metrics are published on s3w’s
website. Customer acknowledges and agrees that all s3w Link Metrics are
owned by s3w, and that s3w has the right to use, license, sell or
otherwise dispose of s3w Link Metrics as detailed in s3w’s Privacy
Policy. s3w does not make all s3w Link Metrics available to Customer.
Customer may access, use, and copy the limited s3w Link Metrics we make
available to Customer according to the Customer’s service tier. Customer
may not combine any s3w Link Metrics with any personally identifiable
information and may not sublicense, sell, syndicate or otherwise share
s3w Link Metrics with any third party.
3. Access Credentials. s3w shall provide Customer with non-transferable
access credentials for the s3w Services. Customer shall not (i)
misrepresent or mask identities when using the s3w Services or seeking
access credentials; (ii) select or use as a username or Branded Short
Domain a name subject to any rights of a person or entity other than
Customer without appropriate authorization; (iii) select or use, as
Customer’s username or Branded Short Domain, a name that is otherwise
offensive, vulgar or obscene; or (iv) exceed any access permitted by
s3w. Customer shall safeguard all access credentials provided by s3w and
shall ensure the confidentiality and security thereof. To the extent
Customer is a corporate entity rather than an individual (1) only
employees and contractors of Customer (“Personnel”) may use the s3w
Services; (2) Customer shall require its Personnel to comply with all
Laws and the use restrictions (including user seat restrictions) set out
in the Agreement or otherwise prescribed by s3w and shall not share
access credentials to exceed the user limitations of the service tier
Customer has purchased; (3) Customer represents and warrants that its
Personnel have the capacity and authority to enter into this Agreement;
and (4) Customer acknowledges that it shall be fully responsible for any
acts or omissions of its Personnel, whether authorized or unauthorized.
s3w may update, refresh or change the manner of accessing the s3w
Services in its discretion.
4. Compliance Monitoring. s3w may monitor Customer’s use of the s3w
Services for compliance with the Agreement. If s3w observes usage of the
s3w Services that it believes are not in compliance with the Agreement,
s3w will notify the Customer and give the Customer five (5) business
days to remedy its non-compliance. If Customer does not remedy its
non-compliance within five (5) business days, s3w reserves the right to
suspend or terminate Customer’s use of the s3w Services. s3w reserves
the right to suspend Customer’s use of the s3w Services without notice
in the event that it believes, in good faith, the security of Customer’s
s3w account has been compromised, or the Customer’s s3w account is being
used for an unlawful purpose. And may suspend or terminate Customer’s
access to the Services without notice for violation of the Agreement.
4. INTELLECTUAL PROPERTY & LICENSE RESTRICTIONS
1. Ownership. Except for any Customer Content or Customer Services,
Customer acknowledges and agrees that s3w is the sole and exclusive
owner of all right, title and interest in and to the s3w Services and
s3w Link Metrics and all related documentation, source code, tools,
scripts, processes, techniques, methodologies, inventions, know-how,
concepts, formatting, arrangements, visual attributes, ideas, database
rights, copyrights, patents, trade secrets, and other intellectual
property, and all derivatives, enhancements, modifications and
improvements thereof (“s3w Materials”). Nothing in this Agreement or any
other document shall be deemed to transfer ownership of the s3w
Materials. Except for the limited license rights expressly granted
herein, no rights to s3w Materials are granted hereunder and all rights
in such s3w Materials are reserved.
2. Feedback. Customer is not required to provide any suggestions,
enhancement requests, recommendations or other feedback regarding the
s3w Services or s3w Link Metrics (“Feedback”). However, if Customer does
so, all right, title and interest in and to such Feedback shall be
assigned to, and shall become the sole and exclusive property of, s3w
upon its creation.
3. License Restrictions. Customer shall not share access credentials to
exceed the user limitations of the service tier Customer has purchased.
Customer and its Personnel shall not, and shall not permit any third
party to: (i) access the Services or export data from the Services to
create a service, software, documentation or data for a URL shortening
service other than s3w or create shortened links or a service that is
competitive with, substantially similar or confusingly similar to any
aspect of the s3w Services or s3w Link Metrics; (ii) use, modify,
display, perform, copy, disclose or create derivative works of the s3w
Services except as expressly permitted herein; (iii) reverse engineer,
decompile, disassemble, mimic, screen-scrape, frame or mirror the s3w
Services or s3w Link Metrics, or use any other means to attempt to
discover their source code except as expressly permitted herein; (iv)
benchmark, encumber, distribute, sublicense, assign, share, sell, rent,
lease, pledge or otherwise transfer the s3w Services or s3w Link Metrics
to any third party; (v) transmit harmful, disabling or malicious code or
devices, or infringing, defamatory, unlawful, tortious, deceptive,
misleading, fraudulent, abusive, indecent or otherwise offensive
content, or content that contains someone’s personal information or
violates a third party’s intellectual property, privacy or publicity
rights (“Prohibited Content”) through the s3w Services; (vi) access via
automated or unauthorized means, interfere with, disrupt or attempt to
monitor, override access or circumvent security measures for, the s3w
Services or s3w Link Metrics or related systems, including via robots,
spiders and other electronic methods; and (vii) obscure, remove or alter
any proprietary rights or other notices on the s3w Services or s3w Link
Metrics. Notwithstanding anything to the contrary herein, s3w may, in
its sole discretion, immediately revoke the grant of rights set forth in
Section 3 if Customer breaches or threatens to breach the restrictions
in this Section or creates other security or legal concerns. Customer
hereby agrees that s3w will be entitled, in addition to any other
remedies available to it at law or in equity, to injunctive relief to
prevent the breach or threatened breach of Customer’s obligations under
this Section, without any requirement to demonstrate irreparable harm or
post a bond.
4. Technical Restrictions. Customer shall not exceed the number and/or
frequency of API calls, concurrent URL shortens or other access to or
use of s3w Services in the relevant documentation or as otherwise
provided by s3w in an Order Form. If s3w believes that Customer has
attempted to exceed or circumvent these limitations, s3w may suspend or
block Customer’s access to the s3w Services. s3w may monitor Customer’s
use of the s3w Services, including to ensure Customer’s compliance with
this Agreement.
5. Open Source Software. s3w Services may incorporate software that is
subject to terms that, as a condition of use, copying, modification or
redistribution, require such software and derivative works thereof to be
disclosed or distributed in source code form, to be licensed for the
purpose of making derivative works, or to be redistributed free of
charge (“Open Source Software”). To the extent any Open Source Software
license terms are inconsistent with this Agreement, then such rights in
the applicable Open Source Software license shall take precedence over
the rights granted in this Agreement, but solely with respect to such
Open Source Software. Any applicable Open Source Software license is
solely between Customer and the applicable licensor of the Open Source
Software and Customer shall comply with the applicable Open Source
Software license.
6. Third Party Materials. s3w Services may utilize third party software or
source code, including without limitation Open Source Software (“Third
Party Materials”). s3w has no control over Third Party Materials.
Accordingly, s3w is not responsible or liable for any Third Party
Materials. While s3w has no obligation to monitor Third Party Materials,
s3w may remove or modify such Third Party Materials in its discretion,
including without limitation to comply with Law. Customer agrees to
comply with all terms and conditions and privacy policies related to any
Third Party Materials.
7. Trademarks. s3w grants Customer a limited, revocable, non-exclusive,
non-transferable, non-sublicensable license to access and use s3w’s
names, logos, designs, and other trademarks incorporated into the s3w
Services (“s3w Marks”) during the Term and solely for the purposes of
displaying such notice as part of the s3w Services. Customer recognizes
the validity of the s3w Marks and s3w’s ownership and title thereto. Any
goodwill derived from the use of the s3w Marks by Customer shall inure
to the benefit s3w. Customer will not challenge the s3w Marks, or s3w’s
ownership and title thereto, or the USPTO application or registration
thereof, either during or subsequent to the term of this Agreement.
Customer shall execute such documents as may be reasonably requested by
s3w, or required by law, to establish s3w’s sole and exclusive ownership
and rights in the s3w Marks, or to obtain registration thereof. Customer
agrees to use the s3w Marks consistent with s3w’s Brand Assets it makes
available at https://s3w.net/pages/press, so as to protect and maintain
the s3w Marks and s3w’s rights therein. To this end, s3w shall have the
right to revoke the license granted in this Section and/or to review and
approve the manner of use of the s3w Marks, and Customer agrees to
modify the use of any s3w Marks which do not meet s3w’s standards.
Notwithstanding the foregoing, Customer may not use any s3w Marks in any
manner implying any partnership with, sponsorship by, or endorsement by
s3w.
5. CUSTOMER SERVICES, CONTENT AND INFORMATION
1. Customer Services. s3w shall have no liability for any Customer product
or service accessed through or making use of the s3w Services or any end
user, customer or Personnel’s use thereof (“Customer Service”). Customer
shall not use the s3w Services in any manner implying any partnership
with, sponsorship by, or endorsement of the Customer Service by s3w.
Customer shall not suggest or imply that s3w is the author of or
otherwise responsible for the views or content of the Customer Service.
The s3w Services shall not be used in connection with any Prohibited
Content, or any activities where the use or failure of the s3w Services
could lead to death, personal injury or property or environmental damage
or adversely impact or impose liability on s3w in any manner.
2. Customer Content. Customer hereby grants to s3w an irrevocable,
perpetual, non-exclusive, sublicensable, transferable, royalty-free,
worldwide license, to use, copy, import, display, reproduce, perform,
distribute, create derivative works, alter or modify all URLs and other
information provided by Customer to s3w (“Customer Content”) in
connection with the provision, operation and promotion of the s3w
Services, creation of s3w Link Metrics and for other business purposes.
s3w’s collection, use and sharing of personal information s3w receives
from Customer or third parties (including social media networks) is
described s3w’s Privacy Policy. As stated in our Privacy Policy, where
permitted by law, if you register a s3w Account with an email address on
a domain owned by an organization, such as your employer, we may share
your email address and information about your Account with our sales
team and the business to explore the business’ interest in creating or
managing an enterprise account or for related purposes.
6. REPRESENTATIONS AND WARRANTIES
1. Customer Content Warranties. Customer represents and warrants that
Customer Content and all information on which the s3w Link Metrics are
based, and the receipt, collection, use and provision thereof, shall not
infringe or violate any third party rights, including without limitation
any intellectual property, privacy and publicity rights; (ii) the
Customer Content, and any information on which the s3w Link Metrics are
based, was received, collected, used and provided to s3w in compliance
with all applicable laws, rules and regulations and self-regulatory
guidelines and requirements, including without limitation laws on
privacy and data security, unsolicited messaging, unfair or deceptive
practices, or United States trade or export restrictions (“Laws”); (iii)
it has obtained all necessary consents, approvals or other
authorizations or permissions for, and has complied with its posted
privacy policies and all third-party terms and conditions or privacy
policies in connection with, its receipt, use and/or provision of the
Customer Content and all information on which the s3w Link Metrics are
based; and (v) that none of the Customer Content or information or data
on which the s3w Link Metrics are based contains any personally
identifiable information or persistent identifiers from individuals
under the age of 13.
2. Further Customer Warranties. Customer further represents and warrants
that (i) it has implemented or contractually required industry-standard
security measures to help protect the security and integrity of, and
prevent, unauthorized access to the s3w Services or s3w Link Metrics,
Customer Content and Customer Services; (ii) it will not do anything
that will make the s3w Services subject to any open source or similar
license which creates an obligation to grant any rights in the s3w
Services; (iii) it will not disrupt, disable, erase, alter, harm,
damage, interfere with or otherwise impair in any manner the s3w
Services or s3w Link Metrics; (iv) in the event of any security breach
or unauthorized access to any s3w Services, s3w Link Metrics, Customer
Content and Customer Services, Customer will immediately investigate
such breach and notify s3w in writing, and, unless otherwise notified by
s3w, take all corrective action necessary to remedy such breach and/or
comply with applicable Law and the requirements of s3w, all at
Customer’s cost; and (v) Customer, Customer’s use of the s3w Services,
the Customer Content and Customer Services will comply with all Laws and
not violate or infringe upon any third party intellectual property,
privacy or publicity rights.
3. s3w DISCLAIMERS. s3w SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED. s3w DOES NOT WARRANT THAT: (I) THE s3w SERVICES
WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II)
SHORTENED URLS, THE s3w SERVICES AND s3w LINK METRICS WILL BE ACCURATE,
ERROR-FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE
s3w SERVICES ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(IV) THE RESULTS OF USING THE s3w SERVICES OR s3w LINK METRICS WILL MEET
CUSTOMER’S REQUIREMENTS OR ANY OF ITS OR ITS USERS’, PERSONNEL’S OR
CUSTOMERS’ BUSINESS NEEDS; OR (V) THE s3w SERVICES WILL BE UNINTERRUPTED
OR THAT ANY INTERRUPTION WILL BE CORRECTED IN A TIMELY MANNER. CUSTOMERS
USE OF THE s3w SERVICES AND s3w LINK METRICS IS SOLELY AT ITS OWN RISK.
FURTHER, s3w MAKES NO REPRESENTATIONS OR WARRANTIES AND SHALL ASSUME NO
LIABILITY AMOUNTS OR INDEMNITY OBLIGATIONS WITH RESPECT TO ENSURING THAT
CUSTOMER’S USE OF THE s3w SERVICES AND s3w LINK METRICS COMPLY WITH ANY
LAWS OR REGULATIONS OUTSIDE THE UNITED STATES AND CUSTOMER SHALL BE
SOLELY LIABLE FOR SUCH COMPLIANCE. s3w SHALL BEAR NO RESPONSIBILITY FOR
THIRD PARTY PRODUCTS OR SERVICES (E.G., OPEN SOURCE SOFTWARE, SOCIAL
MEDIA PLATFORMS, THIRD PARTY MATERIALS OR FOR HOST OR APP STORE
PROVIDERS). CUSTOMER RECOGNIZES THAT THE FIGURES CONTAINED IN THE s3w
LINK METRICS PRODUCED HEREUNDER ARE ESTIMATES AND MAY BE SUBJECT TO
STATISTICAL ERROR. s3w DOES NOT WARRANT THAT THE s3w LINK METRICS WILL
BE COMPLETELY CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. s3w
HEREBY DISCLAIMS ANY LIABILITY FOR ANY USE OR RELIANCE ON THE s3w LINK
METRICS BY CUSTOMER AND THIRD PARTIES.
7. INDEMNIFICATION AND RESPONSIBILITY
1. Customer Indemnification. Customer will defend, indemnify and hold
harmless s3w, its parents, subsidiaries, affiliates and their employees,
officers, directors, representatives, contractors, customers, business
partners, successors and assigns (“s3w Indemnitees”) from and against
any third party claims and actions, and resulting damages, liabilities
and costs (including reasonable attorneys’ fees and expenses) incurred
by s3w Indemnitees arising out of or directly or indirectly related to
(a) the Customer Content, Customer Services or any other Customer
products and services; (b) Customer’s acts and omissions hereunder,
breach of this Agreement, or violation of Laws; and/or (c) any
allegation of intellectual property, privacy or publicity infringement
concerning Customer Content or Customer Services. s3w shall promptly
notify Customer of any claim for which it seeks indemnification;
provided, however, that any delay in providing notification shall not
vitiate Customer’s indemnification obligations unless Customer is
materially prejudiced thereby. Customer shall have sole control over the
defense of any claim under this Section, except that s3w may approve any
counsel used by Customer and that s3w may participate in the defense, at
Customer’s cost. All settlements of indemnification claims require the
consent of s3w.
8. LIMITATION OF LIABILITY
1. LIABILITY LIMITATION. IN NO EVENT SHALL s3w BE LIABLE UNDER CONTRACT,
TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE
THEORY WITH RESPECT TO THE s3w SERVICES, s3w LINK METRICS OR OTHERWISE
HEREUNDER FOR ANY CLAIM RELATED TO (I) ANY LOST PROFITS, DATA LOSS, COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER (HOWEVER ARISING); (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) ANY PERMANENT
OR TEMPORARY CESSATION IN THE PROVISION OF THE s3w SERVICES; (IV) THE
DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CUSTOMER CONTENT
AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH CUSTOMER’S USE OF
THE s3w SERVICES; (V) CUSTOMER’S FAILURE TO PROVIDE s3w WITH ACCURATE
ACCOUNT OR OTHER INFORMATION; (VI) ANY LIABILITY RESULTING FROM
CUSTOMER’S FAILURE TO KEEP ITS PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL; (VII) CUSTOMER’S FAILURE TO ACCESS THE s3w SERVICES DUE TO
MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED
BY CUSTOMER; OR (VIII) AMOUNTS FOR ALL CLAIMS HEREUNDER IN THE AGGREGATE
IN EXCESS OF $100.00.
9. TERM AND TERMINATION
1. Agreement Term. This Agreement shall commence on the date the Customer
accepts this Agreement by creating an account or purchasing a paid
service tier (“Effective Date”) and remain in effect for the duration of
the term selected by Customer, unless otherwise terminated as permitted
herein (“Initial Term”). If your paid account is set to automatically
renew, please see section 2(B) above for the auto-renewal terms.
2. Right to Terminate. s3w may terminate this Agreement immediately in its
discretion. Upon expiration or termination of this Agreement, all
applicable rights and access granted to Customer shall automatically
terminate and Customer and its Personnel shall cease any further use of
the s3w Services and return, or, if directed by s3w, destroy, all
Confidential Information of s3w. Any Section of this Agreement which by
its nature would survive such expiration or termination shall so
survive.
10. GOVERNING LAW & DISPUTES
1. Governing Law. This Agreement and the transactions contemplated hereby
shall be governed by and construed under the Federal Arbitration Act and
the laws of the State of New York without regard to the conflicts of law
provisions thereof and without regard to the United Nations Convention
on Contracts for the International Sale of Goods.
2. Limitation for Bringing Claims. To the fullest extent permitted by law,
Customer agrees any Customer claim or cause of action arising out of,
related to or connected with the use of the s3w Services, s3w Link
Metrics or this Agreement must be filed within one (1) year after such
claim of action arose or be forever banned.
3. Mandatory Arbitration of Disputes.We each agree that any dispute, claim
or controversy arising out of or relating to these Terms of Service or
the breach, termination, enforcement, interpretation or validity thereof
or the use of the Services or Content (collectively, “Disputes”) will be
resolved solely by binding, individual arbitration and not in a class,
representative or consolidated action or proceeding. You and s3w agree
that the U.S. Federal Arbitration Act governs the interpretation and
enforcement of these Terms of Service, and that you and s3w are each
waiving the right to a trial by jury or to participate in a class
action. This arbitration provision shall survive termination of these
Terms of Service.
1. Exceptions and Opt-out. As limited exceptions to this Dispute
Resolution section (i) you may seek to resolve a Dispute in small
claims court if it qualifies; and (ii) we each retain the right to
seek injunctive or other equitable relief from a court to prevent (or
enjoin) the infringement or misappropriation of our intellectual
property rights. This Arbitration Agreement does not apply to
individuals located in the European Economic Area.
2. Conducting Arbitration and Arbitration Rules. The arbitration will be
conducted by the American Arbitration Association (“AAA”). If you are
an individual, the arbitration will be conducted under the AAA’s
Consumer Arbitration Rules (the “AAA Rules”) then in effect, except
as modified by these Terms of Service. If you enter these Terms of
Service on behalf of an organization, the arbitration will be
conducted under the AAA’s Commercial Arbitration Rules. The AAA Rules
are available at www.adr.org or by calling 1-800-778-7879. A party
who wishes to start arbitration must submit a written Demand for
Arbitration to AAA and give notice to the other party as specified in
the AAA Rules. The AAA provides a form Demand for Arbitration at
www.adr.org.
3. If your claim is for U.S. $10,000 or less, you may choose whether the
arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic or video-conference
hearing, or by an in-person hearing as established by the AAA Rules.
If your claim exceeds U.S. $10,000, the right to a hearing will be
determined by the AAA Rules. Any arbitration hearings will take place
in the county (or parish) where you live, unless we both agree to a
different location. The parties agree that the arbitrator shall have
exclusive authority to decide all issues relating to the
interpretation, applicability, enforceability and scope of this
arbitration agreement.
4. Arbitration Costs. Payment of all filing, administration and
arbitrator fees will be governed by the applicable AAA Rules. If you
are an individual, we’ll pay for all filing, administration and
arbitrator fees and expenses if your Dispute is for less than
$10,000, unless the arbitrator finds your Dispute frivolous. If we
prevail in arbitration we’ll pay all of our attorneys’ fees and costs
and won’t seek to recover them from you. If you prevail in
arbitration you will be entitled to an award of attorneys’ fees and
expenses to the extent provided under applicable law.
5. Class Action Waiver. YOU AND s3w AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, if the parties’ dispute is resolved through
arbitration, the arbitrator may not consolidate another person’s
claims with your claims, and may not otherwise preside over any form
of a representative or class proceeding. If this specific provision
is found to be unenforceable, then the entirety of this Dispute
Resolution section shall be null and void.
6. If s3w changes any of the terms of this “Dispute Resolution” Section
after the date you first accepted these Terms of Service (or accepted
any subsequent changes to these Terms of Service), you may reject any
such change by sending us written notice (including by email to
support@s3w.net) within 30 days of the date such change became
effective, as indicated in the “Last Updated” date above or in the
date of s3w’s email to you notifying you of such change. By rejecting
any change, you are agreeing that you will arbitrate any Dispute
between you and s3w in accordance with the terms of this “Dispute
Resolution” section as of the date you first accepted these Terms of
Service (or accepted any subsequent changes to these Terms of
Service).
7. Severability. With the exception of any of the provisions in Section
20(e) of these Terms (“Class Action Waiver”), if an arbitrator or
court of competent jurisdiction decides that any part of these Terms
of Service is invalid or unenforceable, the other parts of these
Terms of Service will still apply.
11. MISCELLANEOUS
1. Relationship of the Parties. The parties shall be independent
contractors under this Agreement, and nothing herein will constitute
either party as the employer, employee, agent or representative of the
other party, or both parties as joint venturers or partners for any
purpose.
2. Entire Agreement and Severability. This Agreement is the entire
agreement between the parties with respect to the subject matter hereof
and supersedes all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between the parties
with respect thereto, including any non-disclosure agreements signed by
the parties. Except as may be modified in writing by the parties,
including by a s3w Enterprise Supplemental Agreement, no additional or
conflicting terms set out on Customer order, invoice, statement or
other document, or contained in any “shrinkwrap” or “clickwrap”
agreements, are binding. If any provision of this Agreement is found to
be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable.
3. Force Majeure. Except for any Fees due hereunder, neither party shall
not be liable for any delay in performing or failure to perform its
obligations hereunder where such delay or failure results from any
cause beyond its reasonable control, including, without limitation,
cyber-attacks, mechanical, electronic or communications failures, acts
of God, terrorism, war, natural disasters, failure of any
telecommunications or transportation or of any third party provider or
supplier (e.g., host or app store providers) or labor disputes.
4. Assignment. Except to an affiliate or in the event of a merger,
acquisition or other change of control, neither party may assign this
Agreement without the prior written permission of the other party, and
any attempt to do so is void. This Agreement shall be binding on any
permitted successors and assigns.
5. Notices. Unless otherwise specified in this Agreement, all notices
under this Agreement will be in writing to the addresses listed above
and will be deemed to have been duly given when received, if personally
delivered; when sent, if transmitted by facsimile or e-mail; or the day
after it is sent, if sent for next day delivery by recognized overnight
delivery service.
6. Headings; Interpretation. The section and paragraph headings in this
Agreement are for convenience only and shall not affect their
interpretation. Any use of “including” “for example” or “such as” in
this Agreement shall be read as being followed by “without limitation.”
7. Export. The parties shall comply with all applicable export and import
control laws and regulations, and, in particular, shall not export or
re-export the s3w Services without all required United States and
foreign government licenses.
8. Government Use. The s3w Services are “commercial items” as that term is
defined at 48 C.F.R. 2.101, consisting of “commercial computer
software” and “commercial computer software documentation” as such
terms are used in 48 C.F.R. 12.212. Any access to or use of the s3w
Services by any government entity is prohibited, except as expressly
permitted by the terms of this Agreement. Additionally, any use by U.S.
government entities must be in accordance with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4. If Customer uses the s3w Services
in its official capacity as an employee or representative of a U.S.,
state or local government entity and is legally unable to accept the
indemnity, jurisdiction, venue or other clauses herein, then those
clauses do not apply to such entity, but only to the extent as required
by applicable law.
9. General. The failure of s3w to enforce any right or provision of these
Terms will not constitute a waiver of future enforcement of that right
or provision. The waiver of any such right or provision will be
effective only if in writing and signed by a duly authorized
representative of s3w. Except as expressly set forth in these Terms,
the exercise by either party of any of its remedies under these Terms
will be without prejudice to its other remedies under these Terms or
otherwise. If for any reason a court of competent jurisdiction finds
any provision of these Terms invalid or unenforceable, that provision
will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect.
10. Publicity. Customer grants s3w the right to use Customer’s logos or
trademarks in marketing or publicity materials and on its website to
identify Customer as a customer that uses the s3w Services.
11. Contacting s3w. If you have any questions about these Terms, please
contact us at support@s3w.net.

ACCEPTABLE USE POLICY

S3W ACCEPTABLE USE POLICY

EFFECTIVE DATE: FEBRUARY 24TH, 2022

At s3w, our aim is to be a catalyst for connections; to empower people, brands,
and businesses of all sizes to engage their customers anywhere at scale.

s3w is committed to protecting and supporting the right to free expression. At
the same time, we take the trust and safety of our platform and community of
users seriously. Accordingly, any attempt to use the s3w Services to distribute
harmful, false or misleading content or otherwise manipulate the s3w Services
(as defined in the s3w Terms of Service) for such purposes, is strictly
prohibited. If we determine that you are using or have used the s3w Services to
engage in any form of misconduct, including violating this Policy, we may
restrict your ability to use our platform, remove your content or suspend or
terminate your account. Misconduct may also violate applicable laws and can lead
to legal action and civil and criminal penalties.

By accessing or using the s3w Services, you agree to abide by this Acceptable
Use Policy as well as the s3w Terms of Service, s3w Privacy Policy and
s3w’s DMCA Copyright Policy and to (collectively, the “s3w Terms”), as may be
modified from time to time.

ELIGIBILITY

You may only use the s3w Services in compliance with the s3w Terms. If we
suspend or revoke your privileges to use the s3w Services, you will not be
eligible to access them again until further notice from us and any attempt to
circumvent such access restrictions (e.g. by creating additional accounts or
identities) are strictly prohibited and will result in the permanent disabling
of such accounts and flagging them for future enforcement purposes.

NEVER USE THE S3W SERVICES TO DISTRIBUTE ABUSIVE, DANGEROUS, OR ILLEGAL CONTENT

You are prohibited from using the s3w Services to distribute or promote the
following types of content (including but not limited to text, images, video and
audio):

* Content that attacks individuals or groups on the basis of race, gender,
ethnicity, national origin, immigration status, religion, sex or gender
identity, sexual orientation, disability, or medical condition, as well as
any content promoting organizations with such views.
* Content that exploits children
* Misinformation, including but not limited to, medical or civic misinformation
* Content that threatens, encourages, or promotes violence or graphic imagery
* Sexually explicit or intimate content shared without the subject’s consent
* Any content that glamorizes or promotes self-harm or endangers your safety or
the safety of others
* Any content that promotes terrorism
* Any other content that is illegal

NEVER ENGAGE IN ABUSIVE, DANGEROUS, OR ILLEGAL BEHAVIOR

You are prohibited from using the s3w Services to engage in the following types
of behavior:

* Distributing malware, viruses, badware, or other types of disruptive software
* Engaging in phishing, spoofing, hacking, or other attempts to fraudulently
gain access to someone’s information
* Sending bulk commercial emails or SMA (i.e. spam)
* Circumventing s3w’s systems to evade detection of abuse outlined in the s3w
Terms
* Sharing someone’s private information without their consent (i.e. doxxing)
* Threatening violence or harm to others
* Bullying, harassing, or coordinated online attacks targeting individuals or
groups (i.e. brigading)
* Impersonating others or misrepresenting your affiliation with any people,
organizations or other entities
* Facilitating illegal activity such as the sale of prohibited goods and/or
services
* Infringing another person or entity’s intellectual property

REPORTING ABUSE AND VIOLATIONS

We encourage anyone who suspects that someone is manipulating the s3w Services
or violating our Acceptable Use Policy in any way to notify us. We investigate
concerns thoroughly and take appropriate actions, up to and including
terminating user accounts.

If you believe s3w mistakenly flagged your activity as misconduct, you
can contact us and we will investigate your appeal.

ENFORCEMENT AGAINST NON-COMPLIANCE

s3w is committed to protecting the user experience and in doing so, our actions
will reflect the spirit, not merely the letter, of this Acceptable Use Policy.
s3w reserves the right to suspend or terminate any account or pause or remove
any content we deem to be negatively affecting the user experience or safety of
our community, whether or not the behavior is explicitly prohibited by this
Acceptable Use Policy. This Acceptable Use Policy does not comprehensively list
every type of content that s3w could restrict or block, nor every basis on which
s3w may restrict or block content.

s3w.net Open in urlscan Pro 152.89.37.250 Public Scan

Form analysis 1 forms found in the DOM

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s3w.net Open in urlscan Pro
152.89.37.250 Public Scan

Form analysis
1 forms found in the DOM