SPAMFREE TERMS OF SALE AND USE
SpamFree is a division of Hotbar.com, Inc. By purchasing, downloading, installing, registering for, or using the SpamFree software (the “Software”) and the SpamFree service (the “Service”) provided through the www.spamfree.com web site (the “Site”), you agree to be bound by these Terms of Sale and Use and all policies and guidelines incorporated into these Terms of Sale and Use by reference, including without limitation the SpamFree Privacy Policy (together, the “Agreement”). Please read this Agreement carefully. If you do not wish to be bound by the Agreement, do not indicate your acceptance, and do not purchase, download, register for, or use the Software or the Service.
Privacy
You acknowledge and agree that you have reviewed, understand, and agree to be bound by all of the terms and provisions of the SpamFree Privacy Policy as it appears on the Site.
The SpamFree Software and Service allows e-mail users to minimize the number of spam e-mails that reach their inbox. The Software blocks spam instantly at the e-mail application level. You do not need to change anything about the way you send or receive e-mail to use the Software.
Trial Period and Purchase Terms
You may use the Software and the Service only upon purchasing the Software in accordance with the purchase terms that were presented to you at the time of purchase (the "Purchase Terms"). Such terms may differ on the various promotions that Spamfree is running at various times, and each promotion may have a different trial period as indicated in the Purchase Terms. At the trial period, you will be offered to use the Software for free, without any payment obligation. During the trial period, You may cancel your registration and terminate the use of the Software and the Service by sending us a message through the link provided in the welcome e-mail that you receive from us upon registration, or by contracting the SpamFree support team at Support@SpamFree.com. After the trial period, to continue your use of the Software and the Service, you must purchase the Software at the price provided to you in the Purchase Terms. The purchase of the Software allows you to use the software for a period of one year (the “Term”), after which you will be required to pay an annual renewal fee in order to continue using the Software and the Service. During the first thirty (30) days following the purchase of the software, you may terminate your use of the Software and the Service in the above manner and receive a full refund of the payment. Thereafter, the Purchase Price is non-refundable and should you cancel your subscription before the end of the Term, you will not be able to receive a refund for the remaining portion of the Term. SpamFree reserves the right, at its sole discretion, at any time, to offer the Software and the Service to customers at a discount or to offer premiums and/or promotions as incentives. All fees and charges shall be charged to the credit card provided by you during the purchase process, and you agree to pay all such charges, including any applicable taxes relating to your purchase of the Software and use of the Service.
Minors
You must be at least 18 years old to purchase, download, or
use the Software. If you are under the age of 18, you may purchase, download,
and use the Software only through a parent or legal guardian.
SpamFree’s Software is protected by the copyright laws of
the United States and all applicable international copyright treaties. SpamFree
hereby grants to you a personal, non-exclusive, non-transferable license to use
the Software in machine executable object code form, subject to the terms and
conditions set forth in this Agreement. For the sole purpose of using the
Software, you are hereby granted a limited, non-exclusive, non-transferable
license to access text, graphics, images and content (together, the
"Content") and other information provided by SpamFree via the Site,
subject to the terms and conditions set forth in this Agreement.
Scope and Limitations of License
(a) You may use the Software on any computer under your full control.
You may not authorize others to use the Software and you may not assign or
otherwise transfer the license granted in this Agreement to any other person or
entity.
(b) You may not make any copy of the Software except for a
single working copy and a single backup copy, provided however that any copy of
the Software must contain all of the original Software's proprietary notices
and the text of this Agreement.
(c) You may not use the Software or the Service to: (i) perform any
activity which is or may be, directly or indirectly, unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable; (ii) perform any activity which will or may breach the
rights of any third party; or (iii) engage in commercial activities including,
but not limited to, offering for sale any products or services, soliciting for
advertisers or sponsors or selling, licensing or granting public access to any
Content or other information offered through the Service.
(c) SpamFree may, at any time and for whatever reason, limit, deny, create
different priorities for different users, modify, or cancel some or all of the
functionality or content of the Software or the Service without prior notice. SpamFree
may elect in its sole discretion to condition the continuation of this Agreement
on your accepting software improvements, corrections, adaptations, conversions
to more recent Software versions, or any other changes to the Software or the
Service.
Protection of Proprietary Rights.
Complete title, ownership rights, intellectual property rights and all other
proprietary rights in and to the Software and the Service, including the
Content, shall remain at all times in SpamFree and/or its licensors and
suppliers and, except as expressly provided in this Agreement, nothing in this
Agreement shall be deemed to be a grant of any such rights to you. You may not
modify, translate, reverse engineer, decompile or disassemble the Software,
Service, any of the Content or information on the Service, create derivative
works based on the Software, the Service, any of the Content, or information on
the Service, copy any of the foregoing (except as expressly provided in this
Agreement), export, sell, license, rent, lease, or otherwise transfer rights to
the Software, the Service, or any of the Content or information on the Service,
or remove any proprietary notices or labels on or pertaining to any of the
foregoing.
Acknowledgements Regarding Use of the Software and the Service; Disclaimer
of Warranties
You acknowledge and agree that:
(a) By using the Internet, the Software, the Service and/or the Content, you
may be exposed to contaminated files, computer viruses, eavesdropping,
harassment, electronic trespassing, hacking and other harmful acts or
consequences that might lead to unauthorized invasion of privacy, loss of data,
and other damages.
(b) SpamFree may automatically transmit to and install on your
computer, Software improvements, corrections, adaptations, conversions to more
recent Software versions, or any other changes to the Software. However,
SpamFree is not obligated to provide any such improvements, corrections,
adaptations, conversions or other updates.
(c) The functionality of the Software and the Service depends, among
other things, on the availability of Internet connectivity, information provided
by SpamFree servers, absence of net congestion and other factors. SpamFree
makes no warranties or guarantees as to the availability or reliability of the
Service or the information provided to you nor makes any commitment to provide you
with any information or to provide an on-going operational Service. SpamFree
at any time may suspend or cancel the Service for any reason without prior
notice.
(d) THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND. SPAMFREE AND ITS LICENSORS AND SUPPLIERS MAKE NO
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SOFTWARE OR THE SERVICE. NEITHER SPAMFREE
NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE SERVICE IN
TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OR THAT THE
OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions,
the foregoing disclaimers shall apply to the greatest extent permitted by
applicable law.
Acknowledgments Regarding Information and Content
You acknowledge and agree that:
The information you will be exposed to, or receive, or use with the Software,
the Service, and/or the Content including, but not limited to text, graphics,
pictures, links, bookmarks, web sites, advertisements, products, goods, or
services, is not reviewed, controlled, examined, verified or endorsed by SpamFree
in any way (even if SpamFree receives remuneration for such information) and
are the sole responsibility of the person from whom such information
originated. You will be solely responsible for all information that you
download, upload, send or otherwise access via the Software or the Service. You
will be responsible for securing adequate legal rights to store, link to,
browse in, or otherwise make use of such information and for ensuring that such
information complies with all applicable laws, including but not limited to,
any and all proprietary rights of third parties, rules of copyright, secrecy,
defamation, decency, privacy, security and export laws.
Limitation of Liability
(a) IN ADDITION TO THE EXPRESS LIMITATIONS ON SPAMFREE’S
LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL SPAMFREE OR
ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY CONTENT
OR INFORMATION USED, RECEIVED, OR TRANSMITTED BY THE SOFTWARE OR THE SERVICE,
OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS
OBTAINED FROM THE USE OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY
RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK
ARISING OUT OF ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION WITH THE
USE OF THE SOFTWARE OR THE SERVICE. YOU ASSUME THE ENTIRE RISK FOR THE
ACCURACY, AVAILABILITY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND
QUALITY OF ANY INFORMATION OR CONTENT RECEIVED OR DOWNLOADED THROUGH THE
SERVICE.
(b) IN ADDITION TO THE EXPRESS LIMITATIONS ON SPAMFREE’S LIABILITY SET
FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT WILL SPAMFREE OR ITS LICENSORS OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR THE COST OF
OBTAINING SUBSTITUTE GOODS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF DATA AND EQUIPMENT, AND OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED
(INCLUDING WITHOUT LIMITATION ANY LOSS CAUSED BY THE INTRODUCTION OF COMPUTER
VIRUSES OR CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE
SOFTWARE OR THE SERVICE) AND ON ANY THEORY OF LIABILITY, WHETHER BASED IN TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF SPAMFREE OR ITS
LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) THE SOFTWARE AND THE SERVICE ARE DOWNLOADED, USED, TRANSMITTED AND
RECEIVED IN EACH CASE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT YOUR USE
OF THE SOFTWARE AND THE SERVICE, OR ANY PORTION THEREOF, IS SO USED,
TRANSMITTED AND/OR RECEIVED AT YOUR OWN RISK.
(d) IF, NOTWITHSTANDING
THE VARIOUS LIMITATIONS ON SPAMFREE’S LIABILITY FOUND IN THIS AGREEMENT, SPAMFREE
IS FOUND LIABLE TO YOU WITH RESPECT TO AN ACTION OR OMMISSION ARISING OUT OF OR
RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SPAMFREE’S
LIABILITY WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SOFTWARE.
Indemnification
You agree to indemnify, defend, and hold harmless SpamFree, and its affiliates, shareholders, officers, directors, employees, consultants, and agents, and their successors and assigns, from and against any and all third party claims, liability, damages, or costs (including, but not limited to, reasonable attorneys fees) arising out of or related to your use of the Software, Service, or Content, or your breach of any of your covenants, representations, or warranties contained in this Agreement.
System Integrity
(a) You may not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Service or any transaction
conducted on the Site. You may not take any action which imposes an
unreasonable or disproportionately large load on SpamFree’s infrastructure.
(b) The Site contains robot exclusion headers and you agree that you will
not use any robot, spider, other automatic device, or manual process to monitor
or copy SpamFree web pages or Content without SpamFree’s prior written
permission. You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Site.
Term and Termination
The term of this agreement is for one year. SpamFree and you shall have the right to terminate this Agreement at any time prior to the completion of the term and for any reason whatsoever and without any obligation to specify the reasons for such termination. SpamFree may terminate this Agreement by written notice to you sent to your e-mail address (as provided by you during the purchase process) requesting removal of the Software, by unilateral removal or deletion of all, or a specific portion of, the Service, Software, and/or the Content or other available method. You may terminate this Agreement solely by removal of the Software. Without limiting the foregoing, the Agreement, including your right to use the Software, Service and Content, will terminate automatically and immediately if (i) you fail to comply with the provisions of this Agreement; (ii) you use the Software or Service for illegal, unlawful, or abusive purposes; or (iii) your SpamFree account is not used at least once in the preceding six (6) month period. Upon termination, you agree to immediately stop using the Software and the Service and destroy all copies of the Software. The purchase price is refundable within 30 days from the purchase date, and thereafter there are no refunds for payments made prior to termination or for any partial use of the Software or Service during any term..
Export Law Assurances
You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Software or underlying technology may not be downloaded to, or exported or re-exported: (a) into any country subject to United States embargo (or to a resident or national of such a country) such as Cuba, Iraq, Iran, Libya, North Korea, Syria and any other country which may appear on the United States Embargo List from time to time; or (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List. You further agree not to export or re-export the Software to any prohibited country, person, end-user or entity specified by US Export Laws.
Changes to this Agreement
Notice of material changes to this Agreement will be posted on the Site. You are responsible for reviewing any such notice and any applicable changes. You agree that your continued use of the Software and the Service following any changes to this Agreement will constitute your acceptance of such changes. If you do not agree to any such changes, do not continue to use the Service after the effective date of such changes and uninstall the Software.
Miscellaneous Terms
This Agreement represents the complete agreement between you and SpamFree concerning the subject matter hereof and supersedes all prior agreements and representations between you and SpamFree. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the greatest extent possible under applicable law. Except as specifically set forth herein, this Agreement cannot be amended, modified, or waived, unless such amendment, modification, or waiver is in writing and signed by an authorized SpamFree representative. SpamFree may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to any third party whatsoever, without notice and without the need to receive your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. All sales shall be deemed made in the State of New York, USA, regardless of the location of the customer. This Agreement is governed by the laws of the State of New York, without reference to its conflict of law principles and the exclusive jurisdiction for any dispute arising hereunder shall be submitted to the competent courts in New York. Any questions concerning this Agreement may be directed by email to legal@spamfree.com.
This Terms of Use was last updated on April 20, 2006