Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the "Exact Me!" Web Site and the Services (as each are defined below) provided by JoBookIt Technologies Ltd. ("JoBookIt"). If you do not accept these Terms and Conditions or you do not meet or comply with any of the provisions thereof, you may not use the "Exact Me!" Web Site or Services. These Terms and Conditions are effective as of September 1, 2011.
2. Binding Agreement
These Terms and Conditions (as may be amended from time to time by JoBookIt), together with the terms and conditions of any "Exact Me!" service used by you (if applicable), form a binding agreement (the "Agreement") between you and JoBookIt. Your access to or use of the "Exact Me!" Web Site or Services indicates your acceptance of these Terms and Conditions.
3. Certain Definitions
The following definitions apply to this Agreement:
3.1. “Content” includes all Text, Graphics, Design and Programming used on the Site.
3.2. “Design” includes the page layout and the color combinations of the Site.
3.3. “Document” refers to any posting to a Site, whether job, resume or profile.
3.4. “Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.5. “Employer Materials” includes any emails, sample job postings, brochures, web site content, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.6. “Exact Me! Web Site” or the “Site” (collectively, the “Exact Me! Websites” or the “Sites”) means any web site under JoBookIt’s control, whether partial or otherwise and includes such Site’s Content, Text, Graphics, Design, Programming, JoBookIt Materials and Services (as applicable in each context).
3.7. “Graphics” includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
3.8. “Job Seeker” means a User who is accessing a Site to be exposed to Employers, to search for a job, post a Document, or in any other capacity except as an Employer.
3.9. “JoBookIt Materials” includes any materials, implementation plans, methodologies or other intellectual property used during the provision of Services.
3.11. ”Services” means any services provided by JoBookIt through the "Exact Me!" Web Site.
3.12. “Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
3.13. “User” refers to any individual or entity that uses any aspect of the Site.
3.14. “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Site and Services
4.1. General Use Rules
The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Site only for lawful purposes within the stated context of JoBookIt's intended and acceptable use of the Site. JoBookIt is the sole interpreter of the Site’s intended and acceptable use.
4.2. JoBookIt Intellectual Property Rights
The Site, the JoBookIt Materials and all right, title and interest in and to the Site and JoBookIt Materials are the sole property of JoBookIt. Except for the limited licenses expressly granted to you in these Terms and Conditions, JoBookIt reserves for itself all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or JoBookIt Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Site other than the search engine and search agents available from JoBookIt on such Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Chrome); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from the Site, without the express written consent of JoBookIt. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. Exact Me, the "Exact Me!" design logo and certain other names or logos are service marks or trademarks of JoBookIt, and all related product and service names, design marks and slogans are the service marks or trademarks of JoBookIt. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by JoBookIt's trademarks, service marks and copyrights. Any code that JoBookIt creates to generate or display the Content or the pages making up the Site is also protected by JoBookIt’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or JoBookIt Materials on any authorized copy you make of the Content or JoBookIt Materials. All other product and service marks contained on the Site are the trademarks of their respective owners.
4.3. License to Use by Users who are Job Seekers
JoBookIt hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal and noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Site is a privilege. JoBookIt reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4. License to Use by Users who are Employers
4.4.1. JoBookIt hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for use directly related to searching for and recruiting job prospects. JoBookIt also grants you a limited, terminable, non-exclusive license to use the JoBookIt Materials and Services. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by JoBookIt to any third party without the express written authorization of JoBookIt. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. JoBookIt reserves the right to suspend or terminate your access and use at any time if JoBookIt determines that you are in breach of these Terms and Conditions.
4.4.2. You may only post job listings which are part-time or full-time or freelancing activities but NOT paid training programs.
4.4.3. There should not be any activity or reference for money from the Jobseekers for any direct/indirect favor or otherwise. Any such act of asking money from Jobseekers would be considered the violation of these Terms and Conditions.
4.4.4. You should NOT post any job twice resulting in the duplicity of the same on the Site. It is highly recommended to check before posting a job, the existence of the same already on the website.
4.4.5. The Site may NOT be used for direct/indirect jobseeker re-direction. You may NOT provide information related to any other site other than Exact-Me!.
4.4.6. "Exact Me! Candidate Search" has the sole purpose of helping Employers find candidates with more relevance and high intent. Hence, the Exact Me! Candidate Search shall be used only for recruitment related activities. Use of the Exact Me! Candidate Search for anything else except recruitment will be treated as a violation of these Terms and Conditions.
The following additional terms apply to you in Connection with Use of the "Exact Me!" Database (the "Database"):
4.4.7. JoBookIt grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the "Exact Me!" Database via the Site for the purpose of viewing and/or downloading Documents solely for your use.
4.4.8. Any mass download of Documents from the Database using any kind of software, or for non-recruitment related purposes, will be treated as a violation of the Terms and Conditions. User is expected NOT to share the downloaded Documents with anybody outside User's own recruitment team. Any such action will be considered as a violation of these Terms and Conditions and will lead to appropriate action against the User.
4.4.9. The Database is to be accessed and used solely by you. You may not provide your password or otherwise permit access to the Database to any third party. You may download Documents only in accordance with the terms and conditions of the "Exact Me!" service used by you (if applicable). Please note that the term “download” shall include: (i) viewing or clicking on a profile page; (ii) saving a Document to a folder; (iii) printing a Document; (iv) copying a Document; (v) emailing or forwarding a Document; and/or (vi) any other action that results or could result in your use of a Document or any of the information contained therein. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer.
4.4.10. You may not use the Database in any way which, in JoBookIt's sole judgment, adversely affects JoBookIt's business, business prospects, the performance or function of any Site or the Database, or interferes with the ability, of other subscribers to access the Database. Further, your use of the Database may not interfere or violate, in any manner, the privacy election of Job Seekers.
4.4.11. You shall comply with all the applicable terms and conditions for maintaining and using information pursuant to the terms and conditions that apply to information database under Israeli law, mutatis mutandis.
4.4.12. You may use your subscription to the Database only for seeking candidates for employment. You are specifically prohibited from using information contained in the Database to sell or promote any products or services or to take any other action that is, in JoBookIt sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any law, statute, code, rule, or regulation.
4.4.13. JoBookIt may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Database at any time. By permitting access to the Database, JoBookIt does not convey any interest in or to the Database or any other JoBookIt property or Services. All right, title and interest in and to the Database is and shall remain in JoBookIt.
4.5. Employer Materials
Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants JoBookIt a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
4.6. Other Specific Rules Regarding Site Usage
You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
4.7. User Submissions
JoBookIt welcomes your comments regarding the Services and the Site and appreciates hearing from you. Please note, however, that JoBookIt does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send JoBookIt creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of JoBookIt. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on JoBookIt’s part, and JoBookIt will not be liable for any use or disclosure of any User Submission. JoBookIt shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Third Party Providers
You acknowledge and agree that JoBookIt may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between JoBookIt and its Third Party Providers, JoBookIt will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on JoBookIt's Liability
6.1. Allocation of Responsibility. JoBookIt assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. JoBookIt acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, JoBookIt may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. JoBookIt has no liability or responsibility to Users for performance or nonperformance of such activities. JoBookIt may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2. No endorsements by JoBookIt.
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3. WARRANTY DISCLAIMERS
6.3.1. THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. JOBOOKIT , TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. JOBOOKIT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
6.3.2. WITHOUT LIMITATION ON THE FOREGOING:
a. JOBOOKIT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JOBOOKIT IS NOT RESPONSIBLE FOR THOSE COSTS.
b. JoBookIt makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
c. JoBookIt makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
d. JOBOOKIT MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. JOBOOKIT DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4. DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF
6.4.1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
6.4.2. IN NO EVENT SHALL JOBOOKIT (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBOOKIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
6.4.3. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN JOBOOKIT MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
6.4.4. IN NO EVENT SHALL JOBOOKIT (OR ANY OF ITS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH JOBOOKIT, THE AMOUNTS ACTUALLY PAID BY YOU TO JOBOOKIT UNDER THIS AGREEMENT IF GREATER THAN US$200.00.(
6.4.5. Due to the nature of this Agreement, in addition to money damages, you agree that JoBookIt will be entitled to equitable relief upon a breach of this agreement by you.
6.5. User Authentication
Because User authentication on the Internet is difficult, JoBookIt cannot and does not confirm that each User is who they claim to be. Because JoBookIt does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release JoBookIt from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. Links to Other Sites
"Exact Me!" contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by JoBookIt of the contents on such third-party web sites. JoBookIt is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
8. Amendments to this Agreement and Changes to Site
JoBookIt may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by JoBookIt unless JoBookIt agrees to them in a signed writing specifically including those new or different terms. JoBookIt may change the Site at any time.
You agree to defend, indemnify, and hold harmless JoBookIt (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, your use of the Services or your breach of this Agreement. JoBookIt shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
10.1. When you register to the Site or in connection with the Services, you will be asked to create an account and provide certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
10.3. User hereby grants JoBookIt a non-exclusive, worldwide, royalty-free license to use any Document posted to the Site by the User in connection with the Services, and without derogating from the generality of the above, to disclose any such Document or any information indicated therein to any third party. JoBookIt makes no representations or guarantees regarding the use of the Documents or the disclosure threof.
11. Questions and Notices
Questions concerning the use of the Site and other notices to JoBookIt should be sent to the address listed on the Site. We will send notice to you at the address submitted by you or to such other address as JoBookIt reasonably determines is an appropriate address for you.
JoBookIt makes no claims that the Content is appropriate or may be downloaded outside of Israel. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access "Exact Me!" from outside of Israel, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of Israel. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the competent courts in Tel Aviv, Israel . If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by JoBookIt in a particular "Legal Notice" or material on particular web pages of the Site, this Agreement and the terms and conditions of any "Exact Me!" product purchased by you (if applicable), constitute the entire agreement between you and JoBookIt.
13. Rules regarding Posting, Conduct and Security
The following rules apply to your use of the Site and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
13.1. Posting Rules:
13.1.1. You may not post any Document to a Site that contains: (i) URLs or links to web sites; (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
13.1.2. You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that JoBookIt may allow posting of certain business opportunities which require an upfront or periodic payment or pay commission only in which case JoBookIt reserves the right, in its sole discretion, to place such posting in a designated location on its Site or to remove the posting altogether if it deems such description deceptive or unsatisfactory to protect its Users.
13.1.3. Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
13.1.4. Resume and profile postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
13.1.5. JoBookIt is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at JoBookIt sole discretion.
13.2. Conduct Rules:
13.2.1. You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.
13.2.2. You may not send unsolicited commercial email to Users. Non-adherence to the same may be considered as 'spam'. Spam e-mails, or commercial e-mails seeking monetary transactions, to Jobseekers will be treated as a violation of these Terms & Conditions and may invite action as deemed proper.
13.2.3. Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify JoBookIt immediately of any unauthorized use of your registration and password. You are deemed to be responsible for all activities, authorized or unauthorized, being conducted through Your Exact Me! account and the safety and security of passwords.
13.2.4. Report inappropriate postings or conduct.
13.2.5. You may not delete or revise any material posted by any other person or entity.
13.2.6. If at any time JoBookIt comes to the understanding that you: (i) misled JoBookItregarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, JoBookIt reserves the right to terminate your Agreement.
13.3. Security Rules:
13.3.1. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
13.3.2. Violation of these Security Rules may result in civil or criminal liability. JoBookIt will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
14. Copyright Complaints
14.1. JoBookIt respects the intellectual property of others.
It is JoBookIt's policy to respond to claims of copyright and other intellectual property infringement. JoBookIt will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. JoBookIt may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. JoBookIt will terminate access for Users who are repeat infringers.
14.2. Notifying JoBookIt of Copyright Infringement:
To provide JoBookIt notice of an infringement, you must provide a written communication to JoBookIt to the address listed on the Site. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
14.3. Providing JoBookIt with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide JoBookIt with a counter notification by written communication to JoBookIt to the address listed on the Site. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.