Terms of Use
Our TOU is long and boring, but it’s important that you read it carefully to understand your rights
and protections, as well as ours. We hope to be able to simplify these terms in the future. Please
contact us at if you have questions regarding this TOU.
1. Acceptance of Terms.
The services Black Dot, (“Black Dot ”) provides to you, the undersigned
(including but not limited to use of office space and access to Internet), are subject to the
following Terms of Use (“TOU”).
Black Dot reserves the right to update the TOU at any time. BlackDot will attempt to
contact you to notify you of any updates within 30 days of their enactment using the contact
information provided in the Membership Agreement.
2. Description of Services.
Black Dot may provide you with access to office space, work stations, Internet access,
office equipment, conference space, knowledge resources, and other services as Black Dot
may provide from time to time (collectively, “Services”). The Services at all times are subject to
the TOU.
3. No Unlawful or Prohibited Use.
As a condition of your use of the Services, you will not use the Services for any purpose that is
unlawful or prohibited by these terms, conditions and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any Black Dot server, or the
network(s) connected to any Black Dot server, or interfere with any other party’s use and
enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or
accounts, computer systems or networks connected to any Black Dot server or to any of the
Services, through hacking, password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made available
through the Services.
You hereby represent and warrant that you have all requisite legal power and authority to enter
into and abide by the terms and conditions of this TOU and no further authorization or approval is
necessary. You further represent and warrant that your participation or use of the Services will not
conflict with or result in any breach of any license, contract, agreement or other instrument or
obligation to which you are a party.
4. Use of services.
You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited message (commercial or otherwise);
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information on or through Black Dot
Services;
d. Upload, or otherwise make available, files that contain images, photographs, software or
other material protected by intellectual property laws, including, by way of example, and not
info@blackdoseattle.com as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary consent to do the same;
e. Use any material or information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party;
f. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage the operation of another’s
computer or property of another;
g. Download any file(s) that you know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner;
h. Restrict or inhibit any other user from using and enjoying the Services;
i. Violate any code of conduct of other guidelines which may be applicable for any particular
Service (including the Building Rules for business impact nw);
j. Harvest or otherwise collect information about others, including email addresses, without the
authorization or consent of the disclosing party;
k. Violate any applicable laws or regulations; and
l. Create a false identity for the purpose of misleading others.
5. Black Dot reserves the right at all times to disclose any information about you, your
participation in and use of the Services as Black Dot deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Black Dot’s sole discretion.
6. Confidentiality.
a. You acknowledge and agree that during your participation in and use of the Services you
may be exposed to Confidential Information. “Confidential Information” shall mean all
information, in whole or in part, that is disclosed by Black Dot
or any participant or user of the Services or any employee, affiliate, or agent
there of, that is nonpublic, confidential or proprietary in nature.
Confidential Information also includes, without limitation, information about business, sales,
operations, know-how, trade secrets, technology, products, employees, customers,
marketing plans, financial information, services, business affairs, any knowledge gained
through examination or observation of or access to the facilities, computer systems and/or
books and records of Black Dot, any analyses, compilations, studies or
other documents prepared by Black Dot or otherwise derived in any
manner from the Confidential Information and any information that you are obligated to keep
confidential or know or has reason to know should be treated as confidential.
b. Your participation in and/or use of the Services obligates you to
I. maintain all Confidential Information in strict confidence;
II. not to disclose Confidential Information to any third parties;
III. not to use the Confidential Information in any way directly or indirectly detrimental to Black Dot, or any participant or user of the Services.
c. All Confidential Information remains the sole and exclusive property of Black Dot.
You acknowledge and agree that nothing in this TOU or your
participation or use of the Services will be construed as granting any rights to you, by license
or otherwise, in or to any Confidential Information or any patent, copyright or other
intellectual property or proprietary rights of Black Dot, or any participant or
user of the Services.
7. Participation In or Use of Services.
You acknowledge that you are participating in or using the Services at your own free will and
decision. You acknowledge that Black Dot does not have any liability with respect to your
access, participation in, use of the Services, or any loss of information resulting from such
participation or use.
8. Disclaimer of Warranties.
To the maximum extent permitted by applicable law, Black Dot provides the services “as is”
and with all faults, and hereby disclaim with respect to the services all warranties and conditions,
whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties
or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses,
accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also,
there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence
to description or non-infringement. The entire risk as to the quality, or arising out of participation
in or the use of the services, remains with you.
9. Exclusion of Incidental, Consequential and Certain Other Damages.
To the maximum extent permitted by applicable law, in no event shall Black Dot or its
subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future
officers, agents, shareholders, members, representatives, employees, successors and assigns,
jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or
other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of
confidential or other information, business interruption, personal injury, loss of privacy, failure to
meet any duty (including of good faith or of reasonable care), negligence, and any other
pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or
inability to participate in or use of the services, the provision of or failure to provide services, or
otherwise under or in connection with any provision of this agreement, even in the event of the
fault, tort (including negligence), strict liability, breach of contract or breach of warranty of
Black Dot, and even if Black Dot has been advised of the possibility of such damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability, for
consequential or incidental damages, the above limitation may not apply to you.
10. Limitation of Liability and Remedies.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without
limitation, all damages referenced above and all direct or general damages), the entire liability of
Black Dot or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their
past, present and future officers, agents, shareholders, members, representatives, employees,
successors and assigns under any provision of this TOU and your exclusive remedy for all of the
foregoing shall be limited to actual damages incurred by you based on reasonable reliance.
The foregoing limitations, exclusions and disclaimers (including
sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if
any remedy fails its essential purpose.
11.Black Dot reserves the right to terminate any Service at any time. Black Dot further
reserves the right to terminate your participation in and use of any Services, immediately and
without notice, if you fail to comply with the TOU.
12. Indemnification.
You release, and hereby agree to indemnify, defend and save harmless Black Dot
(whether or not wholly-owned), affiliates, divisions, and their past,
present and future officers, agents, shareholders, members, representatives, employees,
successors and assigns, jointly and individually, from and against all claims, liabilities, losses,
damages, costs, expenses, judgments, fines and penalties based upon or arising out of your
negligent actions, errors and omissions, willful misconduct and fraud in connection with the
participation in or use of the Services. You further agree in the event that you bring a claim or
lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs
incurred by Black Dot or its respective officers and agents in connection with the defense of
such claim or lawsuit.
14. Severability.
In the event that any provision or portion of this TOU is determined to be invalid, illegal or
unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be
unaffected thereby and shall remain in full force and effect to the fullest extent permitted by
applicable law.