2. Prohibited Use of the SiteBy accessing the Site, you agree that you will not:
- Use the Site in violation of the terms of DMS Energy, LLC’s Acceptable Use Policy attached hereto;
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or any Site, our Platform, or other products and services we provide (collectively, the Site, Platform, and other products and services are our “Service”) in any way;
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the DMS Energy, LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use the Site in any manner that damages, disables, overburdens, or impairs any DMS Energy, LLC website or interferes with any other party’s use and enjoyment of the Site;
- Mirror or frame the Site or any part of it on any other web site or web page;
- Attempt to gain unauthorized access to the Site;
- Access the Site by any means other than through the interface that is provided by DMS Energy, LLC for use in accessing the Site;
- Use the Site for any purpose or in any manner that is unlawful.
3. Copyrights and TrademarksThe Site is based upon proprietary DMS Energy, LLC technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of DMS Energy, LLC or its licensors (if any). DMS Energy, LLC owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. DMS Energy, LLC, the DMS Energy, LLC logos, and other marks used by DMS Energy, LLC from time to time are trademarks and the property of DMS Energy, LLC. The appearance, layout, color scheme, and design of the Site are protected trade dress. Customer does not receive any right or license to use the foregoing. DMS Energy, LLC may use and incorporate into the Site or our Service any suggestions or other feedback you provide, without payment or condition. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to DMS Energy, LLC’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below. The Site and Content belong to us. You are not allowed to re-use it for your own purposes unless we give permission. If you think we have infringed any of your copyrights, see the Claims of Copyright Infringement section below.
6. Downloading FilesDMS Energy,LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. Files you download from us are not guaranteed as virus-free.
10. Additional Terms of ServiceIf you are a customer of DMS Energy, LLC or an employee, representative or agent of a DMS Energy, LLC customer, your use of the DMS Energy, LLC Service is subject to DMS Energy, LLC’s Service Terms or other separate agreement with DMS Energy, LLC. Our customers also enter into a separate customer agreement with us. Others may also do so.
Claims of Copyright Infringement
DMS Energy, LLC respects the intellectual property rights of others, and we ask our users to do the same. DMS Energy, LLC may, in its sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on DMS Energy, LLC’s website, please provide the following information to DMS Energy, LLC’s Copyright Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DMS Energy, LLC to locate the material;
- Information reasonably sufficient to permit DMS Energy, LLC to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The DMS Energy, LLC Copyright Agent for notice of claims of copyright infringement on or relating to this website (“Notifications”) can be reached either by sending an e-mail to compliance@DMS Energy, LLC.com or by sending a letter via U.S. Mail to: 745 Atlantic Avenue, Boston, MA 02111, Attn: DMS Energy, LLC Copyright Agent.
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) applies to the use of any website, Platform or other Service provided by us (DMS Energy, LLC), whether we provide it directly or use another party to provide it to you. This AUP is designed to ensure compliance with the laws and regulations that apply to the Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Service unless you agree to them. By using the Service, you are agreeing to these terms.
If you are using any Service, this AUP applies to you. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring.
No SPAM Permitted
You may not use our Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”) in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, or (d) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below).
Prohibited Email Content and Formatting; Email Best Practices
Email sent, or caused to be sent to or through our Service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) unless otherwise authorized by us, use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines. You are prohibited from using the Service to email purchased lists.
Email Opt-out Requirements
You warrant that each email you send or is sent for you using our Service will contain: (a) header information that is not false or misleading; (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information); and (c) all information required by Canada’s Anti-Spam Legislation. These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.
You must comply with all laws relating to telephone marketing, including without limitation those specifically referenced in the ‘Proper Usage of Our Service’ section below. You must comply with all laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording. If you use our Service to place telephone calls, you must also comply with all applicable industry standards.
You agree not to use our Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use our Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
Proper Usage of Our Service
In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use our Service with content, or in a manner that:
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party’s intellectual property right(s);
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of our Service from using and enjoying our website and/or our Service;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
- is legally actionable between private parties; and/or
- is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), and any regulations having the force of law or laws in force in your or your email recipient’s country of residence.
You will use our Service for your internal business purposes and will not: (i) willfully tamper with the security of our Service or tamper with our customer accounts; (ii) access data on our Service not intended for you; (iii) log into a server or account on our Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of our Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of our Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit our Service or make our Service available to a third party other than as contemplated in your subscription to our Service; (vii) use our Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of our Service without our prior written consent.
DMS Energy, LLC Trademark Use
Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or our Service, or any identifier or tag generated by our Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
If you breach of this AUP we may immediately suspend your access to our Service. We may also terminate your and our subscription agreement for cause if you breach this AUP. You acknowledge we may disclose information regarding your use of any Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.
We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.
We may update and change any part or all of this AUP. If we update or change this AUP, we will let you know by posting the revised copy on our website. The updated AUP will become effective and binding on the next business day after it is posted. When we change this AUP, the “Version of” date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.
Revised: February 1st, 2018
Please read this Policy to learn more about the ways in which we collect and use your information. If we make any material changes to this Policy, we will notify you in accordance with the process described in the “Revisions or Changes” section of this Policy, below. By using our Services, you consent to our collection, use, and disclosure of your information as described in this Policy.
This Policy is not exclusive. In particular, if you use our Platform, the data that you and your customers submit as you use our Platform will be further governed by the applicable DMS Energy, LLC agreement and as required by law.
For the purposes of our Policy, when we refer to “you” or to a “client” we mean any past, current or prospective client or customer of DMS Energy, LLC, including any visitor to one of our Sites.
Everyday language summaries are provided for your benefit but are not legally binding.
Collection of Personal Information
What We Collect. In some situations you may provide us with your personally identifiable information, which could include your name, street address, telephone number, email address, job title, payment card number, other financial account number(s), mother’s maiden name or other family names, date and place of birth, photographic image, and any other information we collect about you that by itself is not personally identifiable information but if combined with personally identifiable information could be used to personally identify you.
You may provide us with personally identifiable information when you complete a survey; make a purchase; request customer support; subscribe to certain services, email notifications and/or newsletters; register for our Platform, or register and/or set up an account/profile to access, visit and/or use certain portions of our Sites; provide comments, reviews, feedback, or testimonials about our products or Services; and any other transactions between you and us on or in relation to our Services.
We may use your email and other addresses and contact information for customer support, required notifications, product and policy updates, and sales and marketing purposes, but we will not use this information for anything else not described in this Policy.
We may collect your name and other information that identifies you. We will use that information for customer support, required notifications, product and policy updates, and sales and marketing purposes.
Information We Automatically Collect. When you access our Sites whether by computer, mobile phone or other device, we automatically collect certain information about your use of our Sites (this information may include without limitation: geographical location and IDs of your computer, mobile or other device; bandwidth used; system and connection performance; browser type and version; operating system; referral source; length of visit; page views; IP address or other unique identifier for your computer, mobile phone or other device; and your mobile carrier) using technologies such as cookies and web beacons.
We automatically collect technical and other information when you visit our Sites.
Data Integrity and Security. We use reasonable and diligent efforts to maintain accurate information on our customers, and have adopted and implemented reasonable industry standard security procedures to protect any such information collected. We constantly monitor our systems, which are protected using industry-standard security measures. Although DMS Energy, LLC will use reasonable efforts to secure network communications and our Sites, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
We try hard to protect your information but cannot guaranty its security.
Access to Client Information;
Updating Client Information. A client may (i) access any of their personally identifiable information that we collect and maintain, or (ii) correct, update or delete their personally identifiable information maintained by us, in each case by contacting us by telephone or mail using the contact information provided below. We will try and respond to your request promptly and in all cases within 30 days. To protect client privacy and security, we reserve the right to take reasonable steps to verify a client’s identity prior to granting access to or processing changes or corrections to such information. We will retain a client’s personal information for so long as its account is active or as reasonably needed by us to provide our Services. We may also retain and use such information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Contact us if you need to access, change or delete your information.
How We Use Personal Information General. DMS Energy, LLC may use personally identifiable information to: respond to your inquiries, and/or address other requests or questions; enable your use of the Services; contact you regarding your purchase; consider and respond to your job application; collect payments from you; deliver Services purchased or ordered by you, including through our Platform; send you information and updates related to your purchases; invoice you; email notifications that you have specifically requested; email marketing communications relating to our business that we think may be of interest to you; and email messages containing company news, product or service information. We may also use information collected through our Sites for research regarding the effectiveness of the Sites, the Services, and related marketing, advertising and sales efforts. We may disclose your personally identifiable information (i) to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, or private parties, including but not limited to: in response to subpoenas, search warrants, or court orders; (ii) if we sell or transfer all or a portion of our company’s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change, or (iii) as otherwise disclosed in the terms and conditions of our agreements with clients, including the separately provided Service Terms applicable to our Services.
We may use your personal information to conduct business with you, market our business to you, and generally improve our business. We may also disclose your information as required by law, if we sell our business, or as we otherwise agree with you.
Email. We may communicate with a client through email using the client’s personal contact information on file in our systems to inform the client of new products, important industry news or information about Services, and upgrades provided by DMS Energy, LLC.
We may email you about our business or relevant news.
Disclosures to Third Parties – General. We may disclose information collected from a client to our independent contractors and business partners who have agreed to (i) hold this information in confidence and (ii) not use it for any purpose except to carry out the services they are providing for DMS Energy, LLC. Such contractors and business partners include those hosting our Services or other data; managing the functionality of our Services; hosting client relationship management, marketing automation, customer service and other software platforms on our behalf; processing credit or other payment card payments; collecting delinquent accounts; fulfilling and processing orders; delivering products you have ordered; conducting background checks if you submit an application for employment; assisting with marketing and promotions; and enabling us to send you email.
We may disclose your information to our contractors and business partners who have agreed to hold it in confidence and use it only for the services they provide to us.
Disclosures to Third Parties – Specific. DMS Energy, LLC has a number of partner programs designed to maximize our clients’ ability to use our Services and to purchase or use complementary products and services that may be used in tandem with our Services. We may disclose information collected from a client to one or more trusted partners for the purpose of such partner(s) providing assistance to the client in its use of the Services and for the purpose of marketing complementary or value-add products and services to the client. In each case such trusted partner will have agreed to (i) hold this information in confidence, and (ii) not use it for any purpose except for the purposes described above.
We may also disclose your information to business partners in connection with your use of our Services and for marketing additional products and services to you.
Disclosures of Aggregate Information. DMS Energy, LLC may also disclose aggregate, anonymous data based on information collected from clients. Should a sale of DMS Energy, LLC’s business ever occur, collected client information may be transferred along with the sale but the information will be treated in the same manner as set forth in this Policy. In the event of any significant changes to the manner in which your information is handled, we would notify you by a prominent notice on the Sites or by email.
We may use your information on an anonymous basis when aggregating data. We may transfer your information if we sell our business.
Disclosures Made by You within Interactive Areas of a Site. If you use a bulletin board, blog, comment or discussion forum or chat room (collectively, “forums”) made available on a Site or on Facebook, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages, and could be potentially searchable through search engines. We are not responsible for the potential misuse by third parties of any personally identifiable information that you choose to submit in these various forums.
Forums or similar portions of our Sites or third party sites may have different, looser rules regarding your personal information.
Other General Policies Relating to Privacy Disclosu res by Children. We believe that protecting the privacy of the very young is especially important and for that reason we will never collect or maintain information on our Sites from those we actually know are under the age of 13, and no part of our Sites is structured to attract anyone under 13.
We do not design our Sites to attract children under 13 and will not collect or maintain information from them.
Third Party Sites. Our Sites may contain links to third party websites. Please note that the privacy and other policies of any such third party website may differ materially from this Policy. We strongly recommend that clients review the privacy policies of any such third party prior to submitting personally identifiable information. DMS Energy, LLC has no control over and is not responsible for the information practices of other websites, including those to which we may link and those which may link to us.
Third party sites are governed by their own privacy policies.
Use of Widgets. We may provide widgets on our Sites that make it possible to share information on third-party platforms. These widgets do not store your personally identifiable information. Our Sites may also include social media features, such as the Facebook® or Twitter® button and similar widgets and interactive mini-programs that run on our Sites (each, a “Feature”). To the extent we use these Features, they may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the Feature to function properly. Social media Features and widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these Features are governed by the privacy statement of the company providing the Feature or widget.
Any features, widgets or mini-programs provided by or for social media sites or other third parties may collect personal information and are subject to the privacy polies of those third parties.
Web Beacons. We may use web beacons to access cookies and count users who visit our Sites or open our HTML-formatted email messages. Web beacons are single-pixel graphic files with a unique identifier, similar to cookies. Web beacons are embedded invisibly on web pages and emails and are stored on a user’s hard drive. You can modify your browser settings to control web beacons.
Our Sites may use web beacons. Your browser probably lets you control web beacons.
Use of Testimonials. We may select and post client testimonials on our Services, which may contain personally identifiable information such as your name and/or the city, state, or country in which you live. We will obtain your consent prior to posting any testimonial with your name. If you post such content, it will be available to other users of the Services. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove or delete your name or testimonial from our Services, you may contact DMS Energy, LLC using the information in the “How to Contact Us” section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of our Sites for a period of time.
If we post a client testimonial with your name or other identifying information, it will become visible by third parties or even become public.
Reviews. We may post client reviews on our Sites or Services, which may contain personally identifiable information such as your name and/or the city, state, or country in which you live. When submitting your review you are giving us permission to post your review on our Sites or Services. If you post such content, it will be available to other users of the Sites or Services. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove your name or review from our Sites or Services, you may contact DMS Energy, LLC using the information in the “How to Contact Us” section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of our Sites for a period of time.
If we post a client review with your name or other identifying information, it will become visible by third parties or even become public.
Our other terms and agreements with you control dispute resolution and may have different privacy terms. If you use our marketing Platform, you will be making your name and other personally identifying information available to the public.
Revisions or Changes. DMS Energy, LLC reserves the right to change this Policy and other policies prospectively at any time, subject to applicable laws and regulations, by posting a revised Policy on the Sites. Regardless of later updates or changes to our Policy, we will never use the information you submit under our current Policy in a new way without first providing you an opportunity to opt out or otherwise prevent such use.
We can change this Policy from time to time.
Opting Out. You may opt out of having your personally identifiable information shared with third parties for reasons other than for the express purpose of delivering the purchased product or service requested and except as required by law. To do this, you may contact our Privacy Officer using the information in the “How to Contact Us” section of this Policy. You may opt out of receiving future promotional/marketing messages from us by contacting our Privacy Officer as described above or by clicking the “Unsubscribe” link found in our email messages. Please note that if you opt out of promotional/marketing messages, you may continue to receive certain communications from us, such as administrative and services announcements and/or messages about your account/profile.
You can opt out of promotional and marketing messages from us.
How To Contact Us. If you have any questions or concerns about this Policy or the way your information is being used by DMS Energy, LLC, or should you wish to contact us for any other reason described in this Policy, you can contact us (i) by email directed to compliance@DMS Energy, LLC.com or (ii) by mail addressed to DMS Energy, LLC, 5634 Jordan Blvd, New Marked, MD 21774, Attn: DMS Energy, LLC.
Effective Date of Policy. This Policy was last updated as of the last date set forth above. If you would like to see an earlier version of this Policy, please contact us using one of the methods set forth above and specify the applicable date or time period for the prior Policy version requested.