Terms of Services
Revision date: July 17, 2008
All services provided by kwikEcards.com (“kwikecards.com”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless kwikecards.com from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to kwikecards.com’ servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
hacker programs or archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, kwikecards.com WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.
We currently do not allow IRC or IRC bots to be operated on our servers.
Any attempt to undermine or cause harm to a server or customer of kwikecards.com is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of kwikecards.com must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, kwikecards.com shall either:
(1) debit the client’s credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to kwikecards.com by no later than the specified payment due date. kwikecards.com shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by kwikecards.com to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to kwikecards.com and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We offer a 30 day Money back guarantee.
Refunds: If client has retained the services for one year and has pre-paid kwikecards.com for such services, refunds will be issued for any unused full month of the services, upon client’s request. Therefore, if client’s account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
kwikecards.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from kwikecards.com ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, kwikecards.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of kwikecards.com ‘ servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to email@example.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
kwikecards.com cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by kwikecards.com are resold. Thus, certain equipment, routing, software and programming used by kwikecards.com are not directly owned or written by kwikecards.com. Moreover, kwikecards.com holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as kwikecards.com sees fit.
By activating your account with kwikecards.com, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
kwikecards.com guarantees 90% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
kwikecards.com reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Revision date: July 10, 2008
kwikecards.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user’s identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: firstname.lastname@example.org
Acceptable Use Policy
Revision date: July 10, 2008
As a provider of web site hosting and other Internet-related services, kwikecards.com offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. kwikecards.com respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, kwikecards.com reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, kwikecards.com has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using kwikecards.com’ services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that kwikecards.com cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because kwikecards.com cannot monitor or censor the Internet, and will not attempt to do so, kwikecards.com cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that kwikecards.com does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over kwikecards.com’ network and may reach a large number of people, including both subscribers and non-subscribers of kwikecards.com, subscribers’ postings to the Internet may affect other subscribers and may affect kwikecards.com’ goodwill, business, reputation or operations. For these reasons, subscribers violate kwikecards.com policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward kwikecards.com, but also because it can overload kwikecards.com’ network and disrupt service to kwikecards.com’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, kwikecards.com will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore kwikecards.com reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should kwikecards.com choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, kwikecards.com does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
kwikecards.com does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
kwikecards.com is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail email@example.com.
Obscene Speech or Materials:
Using kwikecards.com’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. kwikecards.com is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using kwikecards.com’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
kwikecards.com reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that kwikecards.com determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. kwikecards.com will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with kwikecards.com’ policy or applicable law. However, when kwikecards.com becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by kwikecards.com.
kwikecards.com is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching kwikecards.com’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. kwikecards.com does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. kwikecards.com reserves the right to directly take action against a customer of its subscribers. Also, kwikecards.com may take action against the kwikecards.com’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, kwikecards.com anticipates that subscribers who offer Internet services will cooperate with kwikecards.com in any corrective or preventive action that kwikecards.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of kwikecards.com policy.
kwikecards.com will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. kwikecards.com may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, kwikecards.com may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. kwikecards.com assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, kwikecards.com may disclose subscriber information or information transmitted over its network where necessary to protect kwikecards.com and others from harm, or where such disclosure is necessary to the proper operation of the system. However, kwikecards.com will never sell information to other services or outside companies.
kwikecards.com expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate kwikecards.com policy. Finally, kwikecards.com wishes to emphasize that, in signing the Service Agreement, subscribers indemnify kwikecards.com for any violation of the Service Agreement, law or kwikecards.com policy resulting in loss to kwikecards.com or the bringing of any claim against kwikecards.com by any third party. This means that, if kwikecards.com is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against kwikecards.com, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including kwikecards.com and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to firstname.lastname@example.org.
We are affiliates of IAC products and it is relevant that visitors read their TOS:
MYWEBSEARCH TOOLBAR1. Toolbar Installation
If you download the MyWebSearch toolbar, you will be:
- installing a software program on your computer, in the form of a toolbar installed in your Internet browser, with features including a search box and search assistant, that we explain in more detail below;
You must be 13 years of age or older to install or to use the MyWebSearch toolbar. If you are not yet 13, do not download the MyWebSearch toolbar.
THIS PRODUCT IS NOT SPYWARE OR ADWARE. IT WILL NOT WATCH HOW YOU USE YOUR COMPUTER. IT WILL NOT DELIVER POP-UP ADS.
2. Features of the MyWebSearch Toolbar
By downloading the MyWebSearch toolbar, you will be installing a toolbar in your Internet browser (and any supported email functions and instant messenger functions) with the following features:
SEARCH BOX: This is a search box located within the toolbar that will help you search the Internet with search results from Ask.com.
SEARCH ASSISTANT: This provides relevant links and results when you make a search request in your browser address bar or if your browser address (DNS) request is invalid, misspelled or incorrectly formatted.
WEBFETTI: This feature enables you to customize a social networking profile page with layouts, graphics, custom cursors, music and video.
SMILEY CENTRAL: This allows you to insert smiley face emoticons and other graphics into your web-mail, Outlook, Outlook Express and instant messages.
POPULAR SCREENSAVERS: This provides you with photos and images that can be added to the user’s screensaver or PC desktop wallpaper. Also includes the ability to add personal digital photos.
MY FUN CARDS: This provides access to free electronic greeting cards that you can personalize on the Web and send to any email address.
CURSOR MANIA: Free computer mouse cursors that allow the user to change the look of his/her default cursor to something more fun and expressive.
FUN BUDDY ICONS: Free icons that can be added to an instant messenger client.
HISTORY SWATTER: This allows you to delete easily computer cookies, URL history, temporary cache, and other stored browser files.
POP SWATTER: Free tool that swats pop-up ads before they appear. Includes a “Safe List” to allow pop-ups from user-specified web pages.
SMOTOS: This enables you to post, upload, share, download and store images, and allows you to send such images to email addresses of your choice.
MY INFO: This provides one-click access to news, sports, weather, finances, horoscope, movie listings, lottery results and more, which appear in a thin window to the immediate left of your main browser window.
MY MAIL NOTIFIER: This allows you to use animated characters to alert you to new web mail messages.
MY MAIL SIGNATURE: This allows you to create signature designs to place in the footer of outgoing email messages.
MY MAIL STAMP: This allows you to insert digital stamp designs into outgoing emails.
MY MAIL STATIONERY: This provides you with background images, colors and themes to enhance the look of outgoing email messages.
In addition, an Easy Installer will be downloaded to install this software. It does not install any other software and is automatically deleted the first time you turn off your computer after installation of the above-described products.
You will also have access to websites related with the software described above, (the “Websites”). THE TOOLBAR AND ALL ITS FEATURES LISTED ABOVE ARE FREE.
NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED, for use of the Toolbar or associated websites, except for the services listed below:
Registration Information for today.smileycentral.com Features: Certain features that enable you to create enhanced personalized settings and to access the today.smileycentral.com home page from several computers are only available if you register. You may wish to provide a user name and password, an email address, and other personal information.
Registration Information for My Fun Cards Features: My Fun Cards registration allows you to access a personalized addressed book when sending greeting cards.
Registration Information for Smotos Features: Smotos registration allows you to share online photos albums through emails. Upon registration, you are asked to provide a user name and to fill out the “To: and From:” fields of the email form.
Passwords. In order to access certain services, you may be required to accept additional terms and conditions and/or, establish an account including an unique ID and password. You are the sole and exclusive owner of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
Information you provide upon registration. You represent and warrant that you are either the owner or an authorized user of the computer where the Toolbar is installed. If you provide any information in connection with the use of any other services Licensor offers, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Toolbar or associated websites, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services.
4. Un-installation/Removal of the MyWebSearch Toolbar
The MyWebSearch Toolbar can be easily uninstalled. If you want to uninstall this product, there are several ways to do so:
- From the “Add or Remove Programs” dialog box in the Windows control panel, where it is listed as “MyWebSearch”: You can click on the “Start” button; then click on the “Settings” button, then click on the “Control Panel” button, then click on the “Add or Remove Programs” button, then look for MyWebSearch, and click on the “Change/Remove” button.
- You can also click on the drop down arrow button next to your MyWebSearch icon in the toolbar that the Toolbar installs, and select “Enable/Disable Features”, then select “Uninstall MyWebSearch” and confirm your wish to uninstall the Toolbar.
- Each of the product features can be separately hidden or deactivated by accessing the “Add/Remove Buttons” menu, accessible through the drop down arrow next to your MyWebSearch icon in the toolbar that the Toolbar installs in your Internet browser.
- The Zwinky icon appearing in your Windows XP system tray is an integral part of the Zwinky experience when you are logged into chat. If you wish to change the settings so that, upon starting your computer, the Zwinky icon will not automatically appear in the system tray, you can Open ZChat, click on “Edit Preferences” and uncheck the checkbox next to “Automatically load the Zwinky icon in the system tray on startup”.
5. Privacy and Use of Data
No Spyware, No Adware. The MyWebSearch toolbar does not collect any personal information about you (such as your name, email address, etc.). Further, it does not: (a) collect or report back to us (or anyone else) any information about sites you visit on the Internet; (b) collect or “screen-scrape” any search queries or information that you provide to any other web-sites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to us (or anyone else) any data regarding your computer keystrokes or other data unrelated to the services the Toolbar provides.
Search Queries. The MyWebSearch toolbar, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the marketing or distribution source of the toolbar used by you to conduct your search. If the search query is being generated as the result of a misspelled URL or search term entered in to the browser address bar, we also receive the misspelled URL address or search term. We use this information in order to properly process your search request. For example, this data provides us with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords. All information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. In addition, all information about search activity is evaluated only on an aggregated basis (excepted in response to a customer service inquiry or legal process).
Configuration Requests. The MyWebSearch toolbar also sends a configuration request when you start your browser. This request is approximately 5k in size and includes only anonymous data such as IP address, browser type, and information about the specific release date and distribution source of your Toolbar, as outlined above. Such information is anonymous, non-personally identifiable, and is used only for purposes of delivering search services and content in accordance with your preferences.
We do not sell, rent or trade any personally identifiable information you provide when using the MyWebSearch toolbar or associated websites. If the MyWebSearch toolbar is ever sold or all or substantially all of the assets relating to the toolbar and associated websites are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this agreement. If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall the MyWebSearch Toolbar from your computer.
6. Legal Terms and Conditions
6.1. License Conditions
IAC Search & Media owns the Toolbar. The Toolbar, including all code, content, protocols, software, and documentation provided to you by Licensor are Licensor’s property or the property of Licensor’s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Toolbar. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Toolbar at any time, and we may at any time suspend or terminate any license hereunder and disable the Toolbar or any of its component features.
You cannot buy, sell, or tamper with the Toolbar. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Toolbar or use the Toolbar for the benefit of any third party. You may not install the Toolbar on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Toolbar or the Websites, except to remove our Toolbar from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Toolbar, or attempt to do so for any reason. You may not access, create or modify the source code of the Toolbar in any way. You do not have the right to and may not create derivative works of the Toolbar. All modifications or enhancements to the Toolbar remain the sole property of Licensor.
You may use our Toolbar and Websites only for lawful purposes. The services we provide are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Licensor Toolbar and Websites. You agree not to use the Toolbar, Websites, or any other services provided by Licensor to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound
6.2. Content and Infringement
Links and Search Results. The Toolbar and Websites may provide access to search results or other links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Access to Content through the Toolbar and Websites. You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through the Toolbar and Websites, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You understand and agree that by using the Toolbar or the Websites you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Licensor be liable in any way for any Content created by or originating with entities other than Licensor, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of the Toolbar or links to such Content from the Websites.
The Toolbar and websites are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that the Toolbar, Websites, and any information you download or offer to share by means of the Toolbar or Websites, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom. For image content posted to or uploaded on SMOTOS, we do not store any backup images and you are solely responsible for creating back ups of photos that you upload and share.
Copyright Protection of Content you display using our services. You are solely responsible for the Content you display on or thorough the use of the Websites. It is your obligation to ensure that the display of any Content including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted Content that you display on the Websites.
Licensor respects and expects its users to respect the rights of copyright holders. On notice, Licensor will act appropriately to remove Content that infringes the copyright rights of others. Licensor reserves the right to disable the access to the Toolbar, Websites or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyright rights, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact IAC Search & Medias’ Copyright Agent for Notice of claims of copyright infringement as follows:
IAC Search & Media. (MyWebSearch)
555 12th Street, Suite 500
Oakland, CA 94607
Objectionable Content. Licensor will also act appropriately to remove Objectionable Content. “Objectionable Content” is includes, but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
- Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
- Content that may harm minors in any way;
- Content that has the goal or effect of “stalking” or otherwise harassing another
- Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy;
- Content that is vulgar, offensive, obscene or pornographic,
- Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
If we become aware that, while using any Website, you have uploaded, posted or shared Objectionable Content, we may disable your account.
Ownership of Content you Submit. You retain ownership of all rights in the content that you display on or through the use of the Websites. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of our services. If at our request you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed, and shall remain, the property of IAC Search & Media. None of the Submissions shall be subject to any obligation of confidence on the part of IAC Search & Media, and IAC Search & Media shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, IAC Search & Media shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
6.3. Disclaimer of Warranty
YOUR ACCESS AND USE OF THE SOFTWARE, WEBSITES AND SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SOFTWARE. WE PROVIDE THE SOFTWARE, THE WEBSITES AND THE CONTENT ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. IAC SEARCH & MEDIA MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Toolbar in your possession or control and ceasing to use or access the Websites. We may terminate this Agreement or your account (or any part thereof), disable the Toolbar or cease providing any service at any time in our sole discretion. We will disable all Smotos accounts that have been inactive for a period of three months. We will send you a reminder email before disabling your Smotos account. You agree that we shall not be liable to you or any third-party for any termination or disabling of the Toolbar or ceasing to operate the Websites. For termination of Zwinky Accounts, Please refer to the separate Zwinky.com terms of service at http://info.zwinky.com/zwinkyinfo/tos.jhtml.
6.5. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NONE OF US, OUR SUBSIDIARIES, OUR AFFILIATES, OUR SUPPLIERS, OUR ADVERTISERS, OUR MERCHANT PARTNERS, NOR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “COVERED PARTIES”) ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THIS AGREEMENT OR THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE, SITES OR SERVICES, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR SERVICES, (D) RELIANCE ON CONTENT OR POSTINGS ON THE SITES OR SERVICES, OR (E) ANY OTHER MATTER RELATING TO THIS AGREEMENT, THE SOFTWARE, THE SITES OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR DIRECT LIABILITY, OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY TO YOU HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS IAC SEARCH & MEDIA, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY IAC SEARCH & MEDIA OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
6.7. Export Controls
The Toolbar and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Toolbar, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
6.8. Notice to Government End Users
Any Toolbar, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that terms is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Toolbar” and “Commercial Computer Toolbar Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Toolbar clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Toolbar – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Severability. If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
If you have any questions about this Agreement or the Toolbar, and Websites, feel free to contact us at: eula@help.MyWebSearch.com.
Effective April 4, 2007
© 2008 IAC Search & Media. All rights reserved.