Terms and Conditions
These terms and conditions of use (the "Agreement") is a legal contract between the Customer ("you", "your", the "user", “Customer” etc) and Bitcaly.com (“Bitcaly.com”, "we", "us", "our"). This Agreement and any other terms notified to you in respect of the Bitcaly.com services governs your access to and use of the services. Please read this Agreement carefully and completely before using Bitcaly.com services; As they govern your access to and use of the Bitcaly.com Services and constitutes a binding legal agreement between you and Bitcaly.com.
If you do not agree to these terms, then you have no right to access or use Bitcaly.com services.
Bitcaly.com 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 Bitcaly.com Account Details page. By continuing to access or use the Bitcaly.com Services after the effective date of the modification, you are indicating that you agree to be bound by the modified Agreement. Customer / user agrees that it is Customer’s responsibility to check this Agreement periodically for changes and that its use of the Bitcaly.com 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 Bitcaly.com Services.
Bitcaly.com may add, remove, suspend, discontinue, modify or update the Bitcaly.com Services at any time, at its discretion. After the effective date of such update, Bitcaly.com shall bear no obligation to run, provide or support legacy versions of the Bitcaly.com Services.
Fees:- Bitcaly.com also offers fee-based services that provide additional features and functionality. Pricing and services for paid accounts are described on Bitcaly.com’s Services pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay Bitcaly.com all applicable fees for the tier of Bitcaly.com Services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
Customer will pay Bitcaly.com invoices on the payment option selected. Customer authorizes Bitcaly.com to charge Customer for all applicable Fees using Customer’s selected payment method through Bitcaly.com’s online payments platform. Customer will provide complete and accurate billing and contact information to Bitcaly.com. Bitcaly.com may suspend or terminate the Services if Fees are past due.
Bitcaly.com reserves the right to downgrade, suspend or terminate Customer’s access to any or all Bitcaly.com Services if Fees are past due.
Intellectual Property & License restrictions
Ownership:- Except for any Customer Content or Customer Services, Customer acknowledges and agrees that Bitcaly.com is the sole and exclusive owner of all right, title and interest in and to the Bitcaly.com Services and Bitcaly.com 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 (“Bitcaly.com Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the Bitcaly.com Materials. Except for the limited license rights expressly granted herein, no rights to Bitcaly.com Materials are granted hereunder and all rights in such Bitcaly.com Materials are reserved.
Customer is not required to provide any suggestions, enhancement requests, recommendations or other feedback regarding the Bitcaly.com Services or Bitcaly.com 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, Bitcaly.com upon its creation.
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 Bitcaly.com or create shortened links or a service that is competitive with, substantially similar or confusingly similar to any aspect of the Bitcaly.com Services or Bitcaly.com Link Metrics;
(ii) use, modify, display, perform, copy, disclose or create derivative works of the Bitcaly.com Services except as expressly permitted herein;
(iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Bitcaly.com Services or Bitcaly.com 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 Bitcaly.com Services or Bitcaly.com 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 Bitcaly.com Services;
(vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Bitcaly.com Services or Bitcaly.com 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 Bitcaly.com Services or Bitcaly.com Link Metrics.
Not withstanding anything to the contrary herein, Bitcaly.com 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 Bitcaly.com 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.
Third Party Materials.
Bitcaly.com Services may utilize third party software or source code, (“Third Party Materials”). Bitcaly.com has no control over Third Party Materials. Accordingly, Bitcaly.com is not responsible or liable for any Third Party Materials. While Bitcaly.com has no obligation to monitor Third Party Materials, Bitcaly.com 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.
Trademarks:- Bitcaly.com grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Bitcaly.com’s names, logos, designs, and other trademarks incorporated into the Bitcaly.com Services (“Bitcaly.com Marks”) during the Term and solely for the purposes of displaying such notice as part of the Bitcaly.com Services. Customer recognizes the validity of the Bitcaly.com Marks and Bitcaly.com’s ownership and title thereto.
Customer Services, Content And Information
Customer Services:- Bitcaly.com shall have no liability for any Customer product or service accessed through or making use of the Bitcaly.com Services or any end user, customer or Personnel’s use thereof (“Customer Service”). Customer shall not use the Bitcaly.com Services in any manner implying any partnership with, sponsorship by, or endorsement of the Customer Service by Bitcaly.com. Customer shall not suggest or imply that Bitcaly.com is the author of or otherwise responsible for the views or content of the Customer Service. The Bitcaly.com Services shall not be used in connection with any Prohibited Content, or any activities where the use or failure of the Bitcaly.com Services could lead to death, personal injury or property or environmental damage or adversely impact or impose liability on Bitcaly.com in any manner.
Customer Content Warranties:- Customer represents and warrants that Customer Content and all information on which the Bitcaly.com 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; 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 Bitcaly.com Link Metrics are based; and that none of the Customer Content or information or data on which the Bitcaly.com Link Metrics are based contains any personally identifiable information or persistent identifiers from individuals under the age of 13.
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 Bitcaly.com Services or Bitcaly.com Link Metrics, Customer Content and Customer Services;
(ii) it will not do anything that will make the Bitcaly.com Services subject to any open source or similar license which creates an obligation to grant any rights in the Bitcaly.com Services;
(iii) it will not disrupt, disable, erase, alter, harm, damage, interfere with or otherwise impair in any manner the Bitcaly.com Services or Bitcaly.com Link Metrics;
(iv) in the event of any security breach or unauthorized access to any Bitcaly.com Services, Bitcaly.com Link Metrics, Customer Content and Customer Services, Customer will immediately investigate such breach and notify Bitcaly.com in writing/Email, and, unless otherwise notified by Bitcaly.com, take all corrective action necessary to remedy such breach and/or comply with applicable Law and the requirements of Bitcaly.com, all at Customer’s cost; and
(v) Customer, Customer’s use of the Bitcaly.com 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.
Customer will defend, indemnify and hold harmless Bitcaly.com, its parents, subsidiaries, affiliates and their employees, officers, directors, representatives, contractors, customers, business partners, successors and assigns (“Bitcaly.com Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by Bitcaly.com 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. Bitcaly.com 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 Bitcaly.com Shortener may approve any counsel used by Customer and that Bitcaly.com may participate in the defense, at Customer’s cost. All settlements of indemnification claims require the consent of Bitcaly.com.
LIABILITY LIMITATION:- IN NO EVENT SHALL BITCALY.COM BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO BITCALY.COM SERVICES, BITCALY.COM 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 BITCALY.COM 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 BITCALY.COM SERVICES;
(V) CUSTOMER’S FAILURE TO PROVIDE BITCALY.COM 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 BITCALY.COM SERVICES DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER.
TERM AND TERMINATION
Agreement Term:- This Agreement shall commence on the date the Customer accepts this Agreement by using our free service, creating an account or purchasing a paid service tier (“Effective Date”) and remain in effect for the duration of the term selected by Customer and duration of use of Bitcaly.com products and services.
Right to Terminate:- Bitcaly.com 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 Bitcaly.com Services and return, or, if directed by Bitcaly.com, destroy, all Confidential Information of Bitcaly.com. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.
Pricing changes and other modifications
Bitcaly.com may change its Service fees, at any time by updating the applicable pricing information or other terms posted on the Site. New pricing terms will become effective beginning with the first full billing cycle after Bitcaly.com posts such changes to its website. If you do not agree to any changes posted by Bitcaly.com in accordance with this Section, you must cancel your account or the affected Service before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
Upgrades by the Customer
You may upgrade to a higher service plan, if available, at any time during the term of this Agreement by completing and submitting Bitcaly.com's current upgrade request mail. Upon any such upgrade, you agree to pay the increased fees for that service plan in accordance with this Agreement.
Strict Anti-Spam Policy
We reserve the right to disable any URL that we suspect is being used for spamming/illegal purposes etc. Ban the user and report to ISP involved. The following types of links and use of our services is prohibited and may be considered abuse:
• Domains listed in the URI Block Lists such as (URIBL) (SURBL) or (SPAMHAUS).
• Sites blacklisted in Google Safe Browsing or with other phish/malware tracing methods.
• Links containing URL shortening domains (chaining of redirects or anonymizers).
• Links to criminal content such as "counterfeit pages," "phishing pages."
• Links to material containing viruses, adware, spyware, or other malicious code.
• Links that infringe a copyright, patent, trademark or trade secret.
• Use in unsolicited or unauthorized email or SMS text messages.
• Comment or advertising spam posted on blogs, forums, IM, social networks, etc.
• Hacking/cracking, pornography, drug, alcohol or tobacco-related, weapon-related.
• Unlawful, fraudulent, violent, harassing, obscene or otherwise objectionable material.
Please report abuse to abuse@Bitcaly.com
URL shortening is a tool for managing web addresses. Users can make simplified addresses that essentially become links to other web pages. A link does not indicate Bitcaly.com's endorsement of or affiliation with that website. A redirect or link is simply a shortcut. Linking is not the same as hosting material. No data or files outside of the Bitcaly.com domain are ever stored or hosted on our servers. Bitcaly.com is not responsible for the content of external sites or resources that are redirected by our service. As a user of our service if you make a link, you are responsible for what you do with it!
Publicity:- Customer grants Bitcaly.com 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 theBitcaly.com Services.
Contacting Bitcaly.com:- If you have any questions about these Terms, please contact us at support@Bitcaly.com