Arkayne

Terms of Service

Arkayne provides a service to Bloggers, Publishers and Enterprise Companies called the Arkayne Plugin. The Arkayne Plugin is intended to provide a connection to all forms of Contextually Relevant Content across the web. Our basic service is offered free of charge and we have advanced features and support upgrades available by paid subscription to enhance the experience of the user and customer. Before you get started with using the Arkayne Plugin we ask that you read and agree to the Arkayne Plugin Terms of Service ("Terms of Service") below.

Arkayne Plugin Terms of Service

These terms and conditions govern the use of the Arkayne Plugin, which is owned and operated by Arkayne, Inc. ("Arkayne"). The use of the Arkayne Plugin is subject to your acceptance, without modification, to all the terms and conditions contained herein and within the Arkayne Privacy Policy, which is hereby incorporated into this Terms of Service.

Sit back and read this Terms of Service carefully before accessing or using the Arkayne Plugin. By accessing or using the Arkayne Plugin, you agree to become bound by the terms and conditions of this Terms of Service. If you do not agree to all the terms and conditions of this Terms of Service, then you can not access or use the Arkayne Plugin. If these terms and conditions are considered an offer by Arkayne, acceptance is expressly limited to these terms.

Modification of Terms of Use

Arkayne reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. You should come back and review these Terms of Service from time to time, as you are solely responsible for reviewing and becoming familiar with any such modifications. Use of the Arkayne Plugin by you, even if you have previously registered to use the Arkayne Plugin, and you do not review the Terms of Service on an ongoing basis, following this notification, constitutes your acceptance of the Terms of Service as modified.

The Arkayne Plugin Service

We currently limit our free plugin service to allow a maximum of 2000 pages total and up to 50 pages per month per account. If you have a larger site or blog and plan to exceed these usage limits contact us and we'll be happy to discuss the steps for setting up an enterprise account. If you access or use the Arkayne Plugin, you are responsible for maintaining the service, and you are fully responsible for describing the service according to our below guidelines. Arkayne may change or remove any Arkayne Plugin that is considered inappropriate or unlawful, or otherwise may have the potential to cause harm or liability.

Service Description

The Arkayne Plugin currently provides two types of links: Internal Links and Cross Links.

Internal Links

The Arkayne Plugin Internal Links feature provides links at the bottom of each web page to other highly relevant pages within a particular website. The Arkayne Plugin does this without the need for manual selection or key word tagging. Instead, the Arkayne Plugin analyzes every word on every page and automatically and dynamically picks the most relevant pages with which to link.

Partner Cross Links

When website publishers wish to share content between partner sites, the Arkayne Plugin provides Partner Cross Links, where are URLs at the bottom of each web page that link to highly relevant content from within a desired partner network. The partner network can be affiliated websites or RSS feeds which can include feeds from news and other informative sources. Similar to the Internal Links feature, the Partner Cross Links feature analyzes every word on every webpage within the chosen network to provide the best, most relevant links.

When deploying the Arkayne Plugin, you agree to display the Arkayne Icon logo along with the following description next to the logo:

"Links by Arkayne + Logo"

You understand and agree to not make any changes to the shape and size of the above description or the Arkayne Icon logo on the Arkayne Plugin.

User Responsibility

As a condition of your use of the Arkayne Plugin, you agree and understand that you are permitted to use neither the Arkayne Plugin Service nor the resulting links or data from the Arkayne Plugin for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Arkayne. By agreeing to use the Arkayne Plugin, you represent and warrant the following:

• The material, data, information, software, or content that is accessed by the Arkayne Plugin ("Content") does not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark or trade secret rights, of any third party;

• The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark or trade secret rights, of any third party;

• If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available such Content, including but not limited to any software, or (li) secured from your employer a waiver as to all rights in or to such Content;

• You have fully complied with any third-party licenses, and have done all things necessary to successfully pass through to end users any required terms under such third-party licenses;

• You have fully complied with Google’s Terms of Service (TOS) as well as the Terms of Service from all other major search engines. Arkayne reserves the right to terminate your account if you are suspected of violating and/or found in violation of any of these agreements.

• The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• The Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

• The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;

• You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Arkayne or otherwise; and

• You must immediately notify Arkayne of any unauthorized use or any other breaches of security. Arkayne will not be liable for any acts or omissions by you or your employer, including any damages of any kind incurred as a result of such acts or omissions.

Service Removal

Without limiting any of the above representations or warranties, Arkayne may change, suspend or discontinue the use of the Arkayne Plugin, in whole or in part, for any reason, at any time, including the availability of any feature, Content or data, without notice or liability. Arkayne will have no obligation to provide a refund of any amounts previously paid.

Paid Services

Arkayne offers optional upgrades to the Arkayne Plugin. By choosing to upgrade to a paid service you agree to pay Arkayne the monthly or annual contract/subscription fees indicated for that use. Fees will be charged on the day you sign up for such service and the fees will cover the use of that service for a monthly or annual period as indicated. These fees are non refundable.

Visitor Responsibility

Arkayne has not reviewed, and cannot review, all of the material, displayed in the Arkayne Plugin, and cannot therefore be responsible for that material's content, use or effects. Arkayne does not represent or endorse the material in the Arkayne Plugin. Arkayne does not attest to the accuracy, usefulness, or harmlessness of such material. The Arkayne Plugin may display Content that may be considered offensive, indecent, or otherwise objectionable. The Arkayne Plugin may display Content containing technical inaccuracies, typographical mistakes, and other fails or errors. The Arkayne Plugin may display Contain from websites that violate certain privacy or publicity rights, or which may infringe the intellectual property rights or other proprietary rights, of third parties, or the downloading, copying or use of such Content is subject to additional terms and conditions, stated or unstated. Arkayne disclaims any and all responsibility for any harm resulting from the use of the Arkayne Plugin.

Content Posted on Other Websites

Arkayne does not represent or imply that it endorses any website or webpage or any content contained or linked to any website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Arkayne disclaims any and all responsibility for any harm resulting from the use of the Arkayne Plugin.

Copyright Infringement and DMCA Policy

Arkayne respects the intellectual property rights of others. If you believe that material located on or linked to by the Arkayne Plugin violates your copyright, it is Arkayne's policy to respond to clear notices of alleged copyright infringement. Accordingly, you are encouraged to notify Arkayne of such alleged violations. The form of notice may be in the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but Arkayne will respond to notices of this form from other jurisdictions as well. Arkayne will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Arkayne or others, Arkayne may, in its discretion, terminate or deny access to and use of the Arkayne Plugin. In the case of such termination, Arkayne will have no obligation to provide a refund of any amounts previously paid to Arkayne.

Intellectual Property

These Terms of Service does not transfer from Arkayne to you any Arkayne or third party Intellectual Property, and all right, title and interest in and to such property will remain solely the property of Arkayne. Arkayne, Arkayne.com, the Arkayne logo, and any and all trademarks, service marks, graphics and logos used in connection with the Arkayne Plugin, or the Arkayne website are, or will soon be, trademarks or registered trademarks of Arkayne or Arkayne's licensors. Trademarks, service marks, graphics and logos used in connection with the Arkayne website may be the trademarks of other third parties, and Arkayne has not and does not grant you any right or license to reproduce or otherwise use any Arkayne or third-party intellectual property.

Disclaimer of Warranties

The Arkayne Plugin is provided "as is." Arkayne, its suppliers and its licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Arkayne nor its suppliers and licensors make any warranty that the Arkayne Plugin will be error free or that access thereto will be continuous or uninterrupted.

Limitation of Liability

In no event will Arkayne, or its suppliers or licensors, be liable with respect to any subject matter of this Terms of Service under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Arkayne under this Terms of Service during the twelve (12) month period prior to the date the cause of the action accrues. Arkayne shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Arkayne Plugin will be in strict accordance with the Arkayne Privacy Policy, with this Terms of Service and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside) and (ii) your use of the Arkayne Plugin will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Arkayne, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Arkayne Plugin, including but not limited to out of your violation this Terms of Service.

Privacy Policy

The Arkayne Plugin displays information generated at www.arkayne.com on websites Arkayne does not operate. Arkayne takes privacy very seriously and makes all attempts possible to secure personal information.

Website Visitors

Arkayne collects impersonal data regarding visits to our website. The data collected by Arkayne includes things like what browser is used, general geographic location, language preference, what website was visited prior to navigating to the Arkayne website, and the time and date of the visit. This data is used purely to help build a better product by understanding our visitors. We may make this data publicly available at some time for the purposes of financial reporting or publicity, but it will never include personally identifiable data.

Arkayne also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Rest assured that Arkayne does not use this data to identify visitors, but rather as a distinguishing marker, and does not disclose such data, other than under the same circumstances as described below.

Gathering of Personally-Identifying Information

Certain visitors to the Arkayne website choose to interact with Arkayne in ways which require Arkayne to gather personally-identifying information. The amount and type of information that Arkayne gathers depends on the interaction itself. We currently request an email address from visitors downloading the Arkayne Plugin so that we can have future contact with the customer for support and marketing purposed. This information is only collected as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Arkayne. Nevertheless, Arkayne does not disclose personally-identifying information other than as described below:

Aggregated Statistics

In an effort to best serve our customers by understanding how they use our services and website, Arkayne collects statistics about their behavior.

Protection of Certain Personally-Identifying Information

Arkayne takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information. Information that is collected as above is disclosed to employees, contractors and affiliated organizations only when said information is necessary for the advancement of Arkayne's services, and only under the agreement of confidentiality. Some of those employees, contractors, and affiliated organizations may be located outside of a user's home country; by using Arkayne's websites, users consent to the transfer of such information to employees, contractors, and affiliated organizations. Arkayne will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Arkayne discloses potentially personally-identifying and personally-identifying information only when required to do so by law, its employees, contractors, and affiliated organizations when necessary, as described above, or when Arkayne believes in good faith that disclosure is reasonably necessary to protect the property or rights of Arkayne, third parties, or the public at large. Registered Arkayne users whom have supplied an email address to Arkayne, may occasionally receive an email from Arkayne which describes new features, solicit feedback, or just keep the user up to date with what's going on with Arkayne and its products. If a request is sent to Arkayne (via a support email or via one of Arkayne's feedback mechanisms), Arkayne reserves the right to publish that request in order to help Arkayne clarify or respond to that request or to help Arkayne support other users, and unless Arkayne is expressly asked not to publish the request . Arkayne, from time to time, may request permission to publish the user's name but will not do this without first receiving either oral or written consent to do so.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Arkayne uses cookies to help Arkayne identify and track users of Arkayne's websites and Arkayne Plugins and their website or information-access preferences. Arkayne visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Arkayne's websites and Arkayne Plugins, with the drawback that certain features of Arkayne's websites and Arkayne Plugins may not function properly without the aid of cookies.

Privacy Policy Changes

Arkayne may change its Privacy Policy from time to time at Arkayne's sole discretion. While major changes in policy will be sent to certain Arkayne users via the email address provided, Arkayne encourages visitors to frequently check this page for any changes to its Privacy Policy. The continued use of Arkayne's websites or Arkayne Plugin after any change in this Privacy Policy will constitute the acceptance of such change.