You acknowledge and agree that if you provide data regarding your end users or e-mail campaigns to OneCommerce in connection with your use of the Services (“Customer Data”), you hereby do and shall grant OneCommerce a non-exclusive, worldwide, royalty-free, transferable right to use, modify, reproduce, and display such Customer Data (including all related intellectual property rights) to (i) provide the Services and (ii) improve the Services’ ability to deliver web and application analytics services to you. You warrant, represent and agree that you have the right to grant OneCommerce the rights set forth above. You represent and warrant that you own all right, title and interest, or possess sufficient license rights, in and to the Customer Data as may be necessary to permit the use contemplated under this Agreement. You bear all responsibility and liability for the accuracy, completeness, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right of the Customer Data and OneCommerce’s access, possession and use as permitted herein. You represent, warrant and agree that you will not contribute any Customer Data that (a) infringes or violates any copyright or trademark or trade secret of another party, (b) infringes any intellectual property right or the privacy or publicity rights of another, © is libelous, defamatory, obscene, pornographic, harassing, hateful, offensive or otherwise violates any law or right of any third party, (d) contains a virus, trojan horse, worm, or other computer programming routine or engine intended to detrimentally interfere with any system, data or information, or (e) causes damage to the systems of OneCommerce or its customers in any way.
OneCommerce reserves the right to remove any Customer Data from the Site and the Services at any time, for any reason or for no reason at all. OneCommerce may, but is not obligated to, monitor Customer Data and remove any content or prohibit any use of the Services, including refusing to send e-mail to your end users, if OneCommerce believes in its sole discretion such content or use may be (or is alleged to be) in violation of these Terms of Service or any applicable laws or may impact delivery. All information transmitted through the Services is the sole responsibility of the party from whom such information originated. OneCommerce does not assume liability for any Customer Data. You are responsible for all Customer Data submitted under your account, including Customer Data contributed by a third party under your account. Any feedback relating to the Services (“Feedback”) submitted to OneCommerce shall become the property of OneCommerce. OneCommerce will not be required to treat any Feedback as confidential, and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in our future Services, or operations.