TERMS OF USE FOR DAILY KOS ONLINE ACTIVISM TOOLKIT

Kos Media LLC, operator of the Daily Kos (“Kos Media”, “Daily Kos”, “we”, “us”, or “our”) and our subsidiaries and affiliates, makes available the Daily Kos Online Activism Toolkit (the “App”) to securely encrypt email addresses and/or telephone numbers, so that unique email addresses and/or telephone numbers can be identified, matched and tracked without disclosing the actual email address.

We offer the App to certain clients (“Client(s)”) of the Daily Kos website (“Site”), in addition to other organizations unrelated to the Site. For references to Clients, note that we are referring to our organizational or corporate clients. All end users of the App, including but not limited to all Client representatives, employees, agents, consultants, and any third party that a Client grants access to the App, are referred to as “user,” “you” or “your.” These Terms of Use are referred to as the “Agreement” or “Terms.” By using the App, you agree that you are legally bound by this Agreement including the Privacy Policy (LINK). You are prohibited from using the App if you do not agree with these Terms.

1. License. Kos Media grants to you, either individually or through a Client, a royalty-free non-exclusive license to use the App for the purpose of creating hashed emails and/or telephone numbers. Clients have the right to make the App available to its employees and consultants, and to sublicense it to vendors and consultants, solely for that purpose, pursuant to the terms of these Terms and pursuant to the contract executed between Kos Media and Client. For all users that are not affiliated with a Client, you are granted with a royalty-free non-exclusive license to use the App for the limited purpose of creating hashed emails and/or telephone numbers.

2. Kos Media’ Intellectual Property Rights. You understand and agree that the App is a proprietary application created by Kos Media and that all copyright and other rights in and to the App shall be and remain the sole and exclusive property of Kos Media. You agree not to contest Kos Media’s ownership of any and all such rights. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the App for any purpose whatsoever.

3. Your Obligations. By using this App, you agree that neither you nor any user of the App who obtains access to it through you, or under your direction or control will:

a. Allow access to the App from any location or source other than your own computers and servers;

b. Attempt to resell, distribute or transfer the App to any other person or entity;

c. Transmit any virus, worm, defect, Trojan horse or any other item intended to destroy, surreptitiously interfere with, expropriate or exert unauthorized control over any system or data or to defraud any person or entity;

d. Interfere with or disrupt the App, servers or networks used for or related to the App, or disobey any requirements, procedures, policies or regulations of networks related to the App.

4. Client Data. Kos Media agrees and acknowledges that Client’s e-mail file(s) and telephone numbers on Client’s lists, and all records and fields in any other file or database for which you, through Client, use the App, shall become and remain Client’s exclusive property (“Client Data”). All Client Data is subject to confidentiality obligations defined in the terms of our respective agreement with Client. If you breach any confidentiality obligations that you owe to Client or any other party, you will be solely liable for such breach. In the event that your breach of such confidentiality obligations result in damages alleged against Kos Media, you agree to indemnify, defend, and hold harmless Kos Media from any and all third-party claims, losses, liability, damages, and/or costs arising from your breach.

5. Your Breach. In the event of a breach of Sections 2 or 3, you agree that you will be liable for any direct or indirect damages incurred by Kos Media resulting from such breach. Further, in the event of a breach of Section 2 or 3, you agree to indemnify, defend, and hold harmless Kos Media from any and all third-party claims, losses, liability, damages, and/or costs arising from your breach.

6. Disclaimer of Warranty and Limitation of Liability.

(a) Kos Media warrants and represents to you that so long as you use the App pursuant to these Terms that your use of the App will not infringe the intellectual property rights of any third party. Except as stated in the preceding sentence, Kos Media makes the App and any accompanying documentation or instructions (the “Documentation”) available to you “as is” and makes no warranties, express or implied, about the App or Documentation, including the implied warranty of merchantability or fitness for a particular purpose.

(b) Without limiting the generality of section 6(a), Kos Media will not be liable to you or any other person for any unauthorized access or use, corruption, deletion, destruction or loss of any of your data including email addresses or telephone numbers on your lists.

(c) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL KOS MEDIA BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF KOS MEDIA HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

(d) Kos Media will not be liable for any alleged damages caused by interruption, delay or failure to function of the App. Without limiting the generality of the preceding sentence, Kos Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission arising from or caused by telephone system or communications lines failures, failures of Internet service providers, denial of service attacks or service failures cause by malware or viruses, theft or destruction or unauthorized access to, or alteration of, user communications. Kos Media is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof.