This page states the terms of use for the Basis Technology Corporation (“Basis”) website (the “Website”) and the services available through the Website, such as the web-based demonstration and other services (such services, collectively, the “Services”).  Please read these Terms of Use carefully.  Basis may occasionally update and amend them.  By using this Website and/or the Services, you signify that you have read, understood, and agree to be bound by these Terms of Use.  These Terms of Use represent a legal agreement between you and Basis.  If you do not accept these Terms of Use, then do not use the Website or the Services.

1. Description of Services. The Website is offered to you, enabling access to a variety of resources, including download areas, product and other information, and the Services.  Basis will try to provide uninterrupted access to the Website and Services; however, access may be suspended, restricted or terminated at any time and without notice, and if the Website and/or the Services are unavailable for any time for any reason, Basis shall not be liable.

2. Conduct When Using the Website or the Services and Limitations on Use. You understand that any content you post, upload, display or otherwise make available via the Services or the Website is solely your responsibility and that you solely are responsible for your conduct on the Website.  This means that Basis is not responsible for any such content, and Basis does not guarantee the accuracy, integrity or quality of such content or that it does not violate any laws or rights of others.  You further agree that you will not:

  • Upload, reproduce, post, display, or otherwise make available any content on the Website or through the Services that is offensive, inappropriate, unlawful, harmful, threatening, abusive, or racially, ethnically or otherwise objectionable to any applicable laws and regulations;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content uploaded through the Services or the Website;
  • Upload, reproduce, post, display, or otherwise make available any content on the Website or through the Services that (i) you do not have a right to make available under any law or under contractual or fiduciary relationships, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Modify, adapt or hack the Website or any of the Services or modify another website so as to falsely imply that it is associated with the Website;
  • Interfere with or disrupt the Website, the Services or servers or networks connected to the Website or the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or the Services;
  • Use any results of the Services to create a similar service;
  • Access the Services for purposes of monitoring their availability, performance or functionality or for any other benchmarking or competitive purpose;
  • Syndicate or otherwise publish any content containing, enhanced by or derived from the Services;
  • Sell, resell, rent, lease, transfer, or sublicense the Services;
  • Do bulk processing where you are adding minimal value beyond adding the metadata produced from the Services;
  • Use the Services solely for evaluation purposes only (unless otherwise permitted in a written agreement signed between you and Basis)
  • Use the Services via any automation or scripting;
  • Use (if you are an internet service provider or other provider of internet connectivity)  the Services in conjunction with any effort to track, monitor or analyze user behavior in any manner;
  • Use any results or metadata produced by the Services to create a product or service similar to the Services (whether based on metadata retrieval or not);
  • Access or reverse engineer the Services in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, or functions of the Services, or (iii) copy any ideas, features, or functions of the Services;
  • Publish or perform any benchmark or performance tests or analysis relating to the Services or the use thereof without the prior express written consent of an authorized representative of Basis;
  • Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Services, features or ideas from the Services or any portion of them;
  • Use the Services in conjunction with deep packet inspection or similar monitoring technologies; or
  • Violate any applicable laws with your use of the Website or the Services.

Additionally, you may not insert hyperlinks in the content you post linking to your or third party sites or content which you have not checked to ensure they comply with the abovementioned guidelines or which may violate these Terms of Use.  You agree that (i) Basis may remove any content that violates these Terms of Use; and (ii) Basis may access, preserve and disclose your content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • Comply with legal obligations;
  • Enforce the Terms of Use;
  • Respond to claims that any content violates the rights of third parties; or
  • Protect the rights, property or personal safety of any person.

3. Basis Rights to Posted Content and Metadata.  By posting any content to the Website or the Service, you hereby grant Basis, for the duration of the legal protection of the intellectual property rights, a worldwide, perpetual, royalty-free, fully paid-up, sub-licensable, transferable and non-exclusive license to use, copy, distribute, reproduce, modify, translate, adapt to our standards and publicly display the content and any generated metadata, and otherwise use such content and metadata in developing and/or improving Basis products and/or in connection with the promotion of Basis products and services.

Please note that while Basis may retain the raw textual content submitted through the Services, Basis does not claim copyright over such submitted content.

4. Copyright Infringement and DMCA Policy.  If you believe that material located on the Basis Website violates your copyright, you are encouraged to notify Basis Technology Corporation in writing (addressed to Basis Technology Corporation, One Alewife Center, Cambridge, MA 02140 Attn: General Counsel) in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3).  Basis 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 user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Basis or others, Basis may, at its discretion, terminate or deny access to and use of the Website and/or Services.

5. Third Party Websites.  Basis has no control over any of the third party websites to which the Website has links, and Basis assume no responsibility for the contents of any such third party websites.  These links are provided solely as a convenience.  If you use these links, you will leave the Website.  Basis excludes all liability arising therefrom and does not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be obtained by using them.

6. Limited License.  You agree that the Website, the Services and any software used in connection with the Website may contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  All Basis materials and Basis content on the Website and in the Services, including without limitation, the website design text, software in object and source code (including applets), scripts, downloads, graphics, photos, interactive features and the like and their selection and arrangement, and the trademarks, trade names, trade dress, service marks and logos contained therein are owned by or licensed to Basis, and are subject to copyright and other intellectual property rights under all applicable laws.  All rights not expressly granted to you in these Terms of Use are reserved.  None of the above mentioned materials may be modified, reproduced, duplicated, copied, sold, resold, transmitted, published, licensed, transferred, visited or otherwise exploited for any commercial purpose, stored in any other website, included in any public or private electronic retrieval system or service, redistributed or framed (or similarly treated) without the prior express written consent of an authorized representative of Basis.  You may not make any derivative use of this Website, the Service, or its contents.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Basis without the prior express written consent of an authorized representative of Basis.  You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the prior express written consent of an authorized representative of Basis.

Basis hereby grants you a limited non-exclusive and nontransferable license to access and make personal use of the Website and the Services and not to download (other than page caching) or modify them, or any portion of them, except the prior express written consent of an authorized representative of Basis.

For the avoidance of doubt, this clause does not permit any resale or commercial use of the Website or its contents or the Services; any derivative use of the Website or its contents or the Services, or the use of robots, data mining or similar data collection and/or extraction tools is strictly prohibited.  Any unauthorized use terminates the permission or license granted by Basis.

These Terms of Use do not transfer from Basis to you any Basis or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Basis (and its licensors).  Basis Technology, Highlight, Rosette, We Put the World in the World Wide Web, and all other trademarks, service marks, graphics and logos used in connection with the Services or the Website are trademarks or registered trademarks of Basis.  Other trademarks, service marks, graphics and logos used on the Website or in connection with the Services may be the trademarks of other third parties.  Your use of the Website and/or the Services grants you no right or license to reproduce or otherwise use any Basis or third-party trademarks.

7. Software.  For any software made available on the Website or via the Services which is not accompanied by a license agreement, Basis hereby grants you a personal, non-transferable and non-exclusive license to use such software for viewing (and if applicable, evaluation purposes) and otherwise using this Website and/or the Services in accordance with these Terms of Use and for no other purpose.

Without limiting the foregoing, copying and reproduction of such software to any other server or location for further reproduction or redistribution is expressly prohibited.

8. Changes.  Basis reserves the right, at its sole discretion, to modify or replace any part of these Terms of Use.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of or access to the Website and/or Services following the posting of any changes to this Agreement constitutes acceptance of those changes.  Basis may also, in the future, offer new services and/or features through the Services or the Website (including, the release of new tools and resources).  Unless otherwise stated, such new features and/or services shall be subject to these Terms of Use.


10. LIMITATIONS OF LIABILITY.  UNLESS OTHERWISE AGREED BY THE PARTIES, ACCESS TO THE WEBSITE AND THE SERVICES IS FREE, AND THEREFORE YOU AGREE THAT BASIS IS NOT RECEIVING ANY CONSIDERATION TO ASSUME ANY LIABILITY THAT CAN BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Basis OR any of its subsidiaries OR the officers, directors, employees, shareholders or agents of any of them BE LIABLE for any DIRECT OR GENERAL DAMAGES, OR indirect, incidental, exemplary, punitive, special or consequential damages (including loss of profits, revenue, data, or use), incurred IN ANY CASE by the other party or any third party, whether in an action in contract or tort OR OTHERWISE, even if advised of the possibility of such damages, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO THE USE OF THE WEBSITE OR THE SERVICES.

Nothing in these Terms of Use shall exclude or limit Basis liability for (i) death or personal injury caused by Basis negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.

11. Termination.  Without limiting any of the obligations above, Basis has the right (though not the obligation) to, in Basis’s sole discretion (i) refuse to provide the Services to you if the provision of Services would violate any Basis policy or applicable law or regulation or is in any way harmful or objectionable, or (ii) immediately terminate or deny access to and use of the Services to any individual or entity for any reason.

If you wish to terminate this Agreement you may simply cease using the Services and/or the Website.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Indemnification.  You agree to indemnify and hold harmless Basis, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all third party claims and expenses, including attorneys’ fees, arising out of your use of the Website and/or the Services, including but not limited to claims arising out of the ownership of posted content or your violations of these Terms of Use.

13. Electronic Communications.  When you visit the Website or send e-mails to Basis, you are communicating with Basis electronically, and you consent to receive communications from Basis electronically.  Basis will communicate with you by e-mail or by posting notices on the Website.  You agree that, to the extent permitted by applicable law, all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Applicable Law / Jurisdiction.  These Terms of Use and all matters relating to or arising out of these Terms of Use shall be governed and interpreted by and construed under the laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions and without reference to the United Nations Convention on Contracts for the International Sale of Goods.  The parties agree to submit to the exclusive jurisdiction and venue of state or federal courts located in Boston, Massachusetts.

15. Data Privacy (Cookies and Log Data).  Basis uses cookies and similar technologies to collect additional website usage data and to improve the Website and the Services, but Basis does not require cookies for all parts of the Website.  Basis may use both session cookies and persistent cookies to better understand how you interact with the Website and/or the Services, to monitor usage and web traffic routing, and to customize and improve the Website and the Services.  You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some of the Services may not function properly if you disable cookies.

Basis servers automatically record information (“Log Data”) created by your use of the Services.  Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information.  Basis receives Log Data when you interact with the Website and/or the Services, for example, when you visit the Website or use the Services.  Basis uses Log Data to provide the Services and to measure, customize, and improve them.

16. Miscellaneous.  These Terms of Use constitute the entire agreement between Basis and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Basis or by the posting by Basis of a revised version.  Basis may assign, transfer and/or delegate its rights under this Agreement without condition; however, you may not.  These Terms of Use will be binding upon and will inure to the benefits of the parties, their successors and permitted assigns.

These Terms of Use were last modified on May 28, 2014.