Terms of Service

Last Updated: July 10, 2019

These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other online products and services, including email services, marketing services, review and message boards and various other message communication applications (collectively, our “Services”) provided by 

 (“Dardawa”, “we”, or “us”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms, and to use our Services in accordance with our Acceptable Use Policy (https://www.Dardawa.com/acceptable-use-policy), which is incorporated by reference into these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18, do not access or use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.

If you have any questions about these Terms or our Services, please contact us at ascarit@ascarit-ar.com

1) Eligibility and Authority

You must be at 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

2) Accounts; Account Security; Electronic Communications

You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.

By creating an ActiveCampaign account, you consent to receive electronic communications from ActiveCampaign (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

3) Privacy

Please refer to our Privacy Policy (https://www.activecampaign.com/privacy-policy) for information about how we collect, use and disclose information about you.

4) Our Services; License.

Our Services may allow you and other users to create, post, store and share marketing or other communications content, including email, text or SMS messages, photos, videos, software and other materials, and review or message boards (collectively, "Marketing Content"). Except for the license you grant below, you retain all rights in and to your Marketing Content, as between you and ascarit-ar.com. You grant ascarit-ar.com a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services. You may not to create, post, store or share any Marketing Content that violates these Terms, including our Acceptable Use Policy (https://www.ascarit-ar.com.com/acceptable-use-policy), or for which you do not have all the rights necessary to grant us the license described above. When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below)(“Contact Data”). We use Contact Data only to provide Services to you and at your direction, and do not disclose Contact Data to third parties, except as follows:

We may share Contact Data with our third party service providers to provide our Services or administer the site.

If any portion of ascarit-ar.com is sold, Contact Data may be part of the business assets we transfer. Contact Data also may be disclosed if ascarit-ar.com is considering or completes the financing, securitization, insuring, sale, assignment or other transfer of all or part of the company.

We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants or orders.

We reserve the right to use, disclose and share your information and Contact Data to investigate, prevent or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten the physical safety of any person, violations of these Terms of Service or as otherwise required by law.

We may receive requests directly from individuals not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on our Global Exclusion List so that they may no longer receive emails from our Services. If a requesting individual is a Contact in your database, we will use commercially reasonable efforts to notify you of such request before placing that Contact on our list.

5) Prohibited Conduct

5.1) Prohibited Activities on the Services.

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. When you access or use our Services, you will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

Impersonate any person or entity, including without limitation, any ascarit-ar.com official, employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

Use or attempt to use another user’s account without authorization from that user and ascarit-ar.com;

Access the Services by any means other than through the standard industry-accepted or ascarit-ar.com approved application program interfaces;

Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

Delete or revise any material, including Marketing Content, posted by another person or entity;

Delete or modify any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

Register, subscribe, attempt to register or subscribe, unsubscribe or attempt to unsubscribe, any party for any ActiveCampaign product or Service if you are not expressly authorized by such party to do so;

Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;

Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services;

Export or attempt to export certain data points, including but not limited to EGEO and ERJA data, that cannot be exported from the Services; or

Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

5.2) Compliance with Laws

You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. You further represent and warrant that you have a lawful basis for processing and sending Marketing Content and communications to your customers, business contacts or followers who consent to receiving marketing messages from you or on your behalf (“Contacts”), whether through legally appropriate consents or otherwise. You will not provide ascarit-ar.com or upload to the Services, or take any actions with respect to, any Marketing Content or Contact Data for which you do not have a lawful basis for processing, permissions or consents in accordance with applicable data protection laws. You (and not ascarit-ar.com) are responsible for ensuring that you meet all notice and consent obligations for sending communications to individuals in the jurisdictions where they reside. For more information and best practices tips, please see our Consent page (https://www.ascarit-ar.com.com/consent-policy/). While our Services allow you to manage and access consents and other Contact Data, you acknowledge and agree that you, and not ascarit-ar.com, have sole responsibility for maintaining all records relating thereto. You are solely responsible for determining whether our Services are suitable for use in light of any laws and regulations that govern your entity, industry, or relationship with your own Contacts, including but not limited to consumer protection, privacy, advertising, intellectual property or other laws. You may not use our Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

5.3 Reporting Abuse

If you think anyone using the Services is violating any of these Terms, please notify us immediately by emailing ascarit@ascarit-ar.com