Hosted Product Policy

This Hosted Product Policy (“Policy”) applies to all use of Hosted Products by customers of Dealer Technology Group, LLC (“DTG”) and is a part of the agreement (“Agreement”) signed by each customer (including all of such customer’s Users, referred to as “you” in this Policy) in connection with the use of any DTG Product. Capitalized terms not defined in this Policy are defined in the Agreement.

Each Hosted Product is in whole or in part an application accessible remotely through an internet connection, and runs on and in connection with the servers, software, routers and other equipment supporting that application and its connection to the internet that are provided by or on behalf of DTG (all such items are collectively referred to as the “Hosting Environment”).

The use of each Hosted Product you have licensed from DTG is subject to compliance by you with the terms of this Policy, and accessing a Hosted Product is acceptance of this Policy. You are responsible for the compliance of your Users with this Policy.

You are responsible for all hardware, software and connectivity required to access the Hosted Product and for your use of the Hosted Product, and for all problems relating to any of those items.

Permitted Use. The Hosted Environment will only be used by your Users to access and use the Hosted Product in compliance with the terms of the Agreement (“Permitted Use”).

For example, a User will only access or attempt to access and use the specific application, data, or file the User is authorized to access, and will not attempt to access any other aspect of the Hosted Environment or download or store any information or application not specifically authorized as a Permitted Use.

Limited Warranty. Hosted Products are provided with the following limited warranty, which replaces the limited warranty in the Agreement: you may notify DTG of any problems you have accessing licensed Hosted Products, and DTG will use reasonable efforts to address problems with the Hosting Environment affecting your ability to access them. Services by DTG to address problems with items other than the Hosting Environment are available on a time and materials basis, and DTG reserves the right to charge you for time spent addressing problems that are determined to be problems with items other than the Hosting Environment.

Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN THE PRECEDING PARAGRAPH, THE HOSTING ENVIRONMENT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY EXPRESS OR IMPLIED, AND DTG DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, AVAILABILITY, COMPATIBILITY OR NON-INFRINGEMENT. DTG DOES NOT WARRANT THAT THE HOSTING ENVIRONMENT WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, OR THAT ALL ERRORS WILL BE CORRECTED.

Protected Information. “Protected Information” includes data that is protected under any applicable federal, state, or local regulation (“Laws”). You will access, print, save and share Protected Information only to the extent required by a Permitted Use, and only in compliance with all Laws. You will take all reasonable actions to protect and secure any Protected Information used, stored or accessed through the Hosting Environment.

Backup. You will regularly back up the data stored in each Hosted Product.

Passwords; Access. Each User will be assigned a unique account (“Account”). Only the User assigned the Account may use the Account to access the Hosting Environment, and the User will not permit any other person to use the Account in any manner. You will protect and maintain in confidence Account numbers and passwords and ensure that only the authorized User has access to such User’s information.

Legal Rights. You will not make any copies of software or any other materials on or accessed through the Hosting Environment unless permitted by the Agreement and by applicable Laws. You will not use the Hosting Environment in any manner that violates the copyright, trademark, trade secret, or other legal rights of any party.

Other Prohibited Conduct. You will not (1) use the Hosting Environment to transmit, distribute or store material: (a) in violation of any applicable Law, including export or encryption Laws; (b) that may adversely affect the Hosting Environment or other DTG customers and their users, (c) to obtain resources beyond those allocated; or (d) that may expose DTG or its licensors and suppliers to criminal or civil liability, (2) facilitate the violation of any part of this Policy or another party’s acceptable use policy to which you are subject, (3) use the Hosting Environment to transmit, distribute or store material that is inappropriate in a business environment, such as material that is fraudulent, obscene, pornographic, defamatory, libelous, harassing, threatening, abusive, hateful, or violent, (4) not use the Hosting Environment to transmit, distribute or store material that may be harmful to or interfere with the Hosting Environment or any third party's networks, systems, services, data, or web sites, including circumventing security measures, introducing viruses, worms, or Trojan horses, flooding, denial of service attacks or mailbombing, (5) use the Hosting Environment to transmit communications that are spam, exceeds reasonable limits imposed by DTG, intended to harass or annoy others, addressed to a recipient that has indicated that he/she does not wish to receive them, or contains false packet header information, or (6) access any data stored on or accessible through the Hosting Environment for any reason other than a Permitted Use.

Third Party Rules. You may have access through the Hosting Environment to search engines, subscription web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use, and you will comply with any such rules, guidelines, and agreements.

Security. You will not (a) violate or attempt to violate the security of the Hosting Environment or the computers, accounts, or networks of another party, and (b) perform any activity considered a precursor to attempted security violations, such as any form of scanning, probing, or other testing or information gathering activity, including any activity that reveals weaknesses in the security of the Hosting Environment or attempts to determine any password or Account information. DTG and its licensors may take all actions any of them determine to manage the security of the Hosting Environment.

Materials. DTG and its licensors and suppliers are not responsible for any material created or accessible on or through the Hosted Product or any other aspect of the Hosting Environment. DTG is not obligated to monitor or exercise any editorial control over any such material, but reserves the right to do so. In the event that DTG becomes aware that any such material may violate this Policy and/or expose DTG or any of its licensors or suppliers to civil or criminal liability, DTG may immediately and without notice block access to such material and suspend or terminate any User creating, storing or disseminating such material.

DTG Actions. DTG may suspend or terminate the access of any of your Users it determines in its discretion to have likely violated this Policy in any way, or require immediate termination of such access by you. DTG may take such further action as it determines appropriate to eliminate or preclude repeat violations, and it will not be liable for any damages of any nature suffered by you or any of your Users, or any other party resulting in whole or in part from DTG’s exercise of its rights under this Policy. DTG and its licensors and suppliers may monitor all activity, information and content on or accessed through the Hosting Environment, including examining, recording and copying all available materials, logs and data, running attacks to test Hosting Environment security, take legal action directly and cooperate with other parties who take action against you, a User, and/or others for violations of this Policy, and initiate contact with, disclose information to, and cooperate in any manner with, any law enforcement or regulatory agency in any investigations or actions concerning you, a User, the Hosting Environment or any activity or content on or in the Hosting Environment.

Amendment. DTG may modify this Policy in its discretion at any time. Modifications will be effective when posted or delivered to you, and use of the Hosting Environment after a modification constitutes acceptance of the modification.

Legal Matters. The term “including” means by way of example and not limitation. The final determination on all matters relating to this Policy will be made by DTG which will be binding on you. This Policy is a part of the Agreement and any violation of its terms by your Users is a breach of the Agreement.

Violations and Weaknesses. Each User is required to report promptly any violation of this Policy by any person, any misuse of Confidential Information, or any failure, flaw or defect in Hosting Environment security to support@dealerlogix.com.

Questions. Questions or concerns regarding this Policy may be submitted to: support@dealerlogix.com.