Last updated August 16, 2001
Acceptable Use Policy
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH CLICVU OFFERS A USER ACCESS TO THE CLICVU DISPOSABLE EMAIL ADDRESS SERVICE.
1. Acceptance of Terms of Service
This Agreement describes the terms and conditions ("Acceptable Use Policy", or "AUP") under which ClicVU, Inc. ("Company") grants a user ("User") use and access to the ClicVU Disposable Email Address Service ("Service" or "Spamex"). PLEASE READ THIS DOCUMENT CAREFULLY. This AUP was created to protect each user as well as Company and to ensure that the Service is safe and valuable for everyone.
By registering as a user, the user is hereby agreeing to accept and to abide by this AUP. By doing so, the user is taking responsibility for their use of the Service. If the user does not agree with this AUP, their use of and access to the Service may be restricted or terminated.
2. Modifications to The AUP
Company reserves the unilateral right to modify this AUP at its own discretion to reflect changes in laws, business practices, and environmental changes. Company may find it necessary to update this AUP without advance notice and reserves the right to do so at any time. All AUP modifications shall be effective immediately upon the posting of the modified AUP.
Company agrees to plainly promote changes to the AUP that significantly alter the previously described acceptable activities and/or privacy policies. Unless explicitly stated otherwise, any new features that may augment or enhance the current Service shall be subject to the AUP.
The user agrees to periodically review the AUP and to abide by any modified or materially changed conditions. It is the responsibility of each user to review the AUP periodically as their continued use of the Service indicates their continued acceptance of the AUP. Company assumes that the continued use of the Service indicates that a user continues to agree to abide by the AUP. If a user finds that they can no longer abide by the AUP, their use of the Service is no longer authorized and may have their account restricted or terminated.
3. Description of Service
The Service provides a user with the ability to create Disposable Email Addresses, which allows a user to prevent their Real Email Addresses from becoming disseminated. Company allows a user to create Disposable Email Addresses and have email forwarded (relayed) through the Service to their Real Email Address. Each user understands and agrees that the Service is provided "as is" and "as available" basis and that although Company tries to offer quality and reliability, Company assumes no responsibility for the timeliness, accidental deletion, bad-delivery or failure to deliver any email or accidental revealing of a users Real Email Address.
The Service is available only to individuals and the Service may not be resold. The Service is available only to individuals who can form legally binding contracts under applicable laws. The Service is to be used by the user and for their personal use only. It is a violation of the AUP to resell the Service in any way, to use the service in areas were such a service is restricted or prohibited by law or to use the service for purposes of creating a derivative work.
4. User Registration Obligations
Each user must register in order to use the Service. Each user must provide a Real Email Address to which their Disposable Email Addresses will forward. More than one Real Email Address may be used with a user account however each Real Email Address can only be associated with at most one account. If a user elects to provide additional information, they agree that the information they provide will be accurate and current. Each user also agrees to update their information periodically to keep it accurate and current as necessary. If a user has provided false or misleading information by act of error or omission, intentional or accidental, Company reserves the right to immediately restrict access to or terminate their account and may refuse any current or future use of the Service (or any portion thereof).
5. User Account, Password and Security
Each user is responsible for maintaining the confidentiality of their password and their Disposable Email Addresses, and is fully responsible for all activities that occur under their Username and/or Disposable Email Addresses. Each user agrees to immediately notify Company if they believe that any unauthorized use of their Account or Disposable Email Addresses or any other breach of security has occurred. Company cannot and will not be liable for any loss or damage arising from a failure to comply with this requirement on the part of the user.
7. Publicly Posted Content
With respect to Content users elect to post for inclusion in publicly accessible areas of the Service, a user is granting Company the world-wide, royalty-free and exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing, educating others and promoting the Service to which such Content was submitted. This license covers the time periods before, during and after a user's active membership whether or not any termination of their membership was willful or not.
Each user understands that the technical processing and transmission of information through the Service, including their personal content, may involve (a) transmissions over various networks; and (b) changes to the service so that it may conform and adapt to technical requirements of other connecting networks or devices. In no case will Company be responsible for ensuring the integrity or safety of any data being transferred over equipment not belonging to Company.
Each user agrees to indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, employees, and customers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content they submit, post to or transmit through the Service, their use of the Service, their connection to the Service, their violation of the AUP, or their violation of any rights of another.
9. No Resale of Service
Each user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or any access to the Service.
10. General Practices Regarding Email
Each user agrees to NOT use the Service in connection with pyramid schemes, chain letters, junk email, letter bombing, illegal activities, spamming or any duplicative messages (commercial or otherwise) or to:
Company has no obligation to monitor the email sent through the Service. However, Company reserves the right to review materials relayed through its Service and to remove any materials in its sole discretion. Company reserves the right to terminate a user's access to any or all of its Services at any time, without notice, for any reason whatsoever.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of any other person.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user owns or controls the rights thereto or has received all necessary consents to do the same.
- 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.
- Download any file that they know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of this Site and or Service(s) or other user or usage information or any portion thereof.
Company reserves the right at all times to disclose any information as Company 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 Company's sole discretion in connection with use of the Service.
A user should always use caution when giving out any personally identifying information about themselves or their children or others in general. Company does not control or endorse the content, messages or information found in or transmitted through the Service and, therefore, Company specifically disclaims any liability with regard to the Service and any actions resulting from a user's participation in the use of the Service.
11. Modifications to Service
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Each user agrees that Company shall not be liable to them or to any third party for any modification, suspension or discontinuance of the Service.
Each user agrees that Company, in its sole discretion, may restrict access to or terminate their account (or any part thereof) or use of the Service if Company believes that they have violated or acted inconsistently with the letter or spirit of the AUP. Company may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Each user agrees that any restriction or termination of their access to the Service under any provision of this AUP may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete their account and all related information and files in their account and/or bar any further access to such files or the Service at any time and for any reason. Further, each user agrees that Company shall not be liable to them or to any third party for any termination of their access to the Service or termination of the Service itself.
The Service may provide, or a third party may provide, links to other web sites or resources. Because Company has no control over such sites and resources, users acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services, or other materials on or available from such sites or resources. Each user further acknowledges and agrees that Company 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.
14. Proprietary and Intellectual Property Rights
Each user acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Company grants each user a personal, non-transferable and non-exclusive right and license to use the Service; provided that they do not (and do not allow or compel any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or Service it supports. Each user agrees not to modify the Software or Service in any manner or form, or to use modified versions of the Software or Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Each user agrees not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service.
15. Special Admonitions For International Use
Recognizing the global nature of the Internet, each user agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, each user agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which they may reside.
16. DISCLAIMER OF WARRANTIES
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
A) THEIR USE OF THE SERVICE IS AT THEIR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B) COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET A USER'S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED, TRANSMITTED TO A USER DIRECTLY OR OTHERWISE OBTAINED IN CONJUNCTION OR CONNECTION WITH THE USE OF THE SERVICE IS DONE AT THEIR OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED IN THE AUP.
17. LIMITATION OF LIABILITY
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF A USERS TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, GUARANTEES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
Notice to a user may be made via postings on the Service, by email or regular mail when applicable. The Service may also provide notices of changes to the AUP or other matters by displaying notices or links to notices generally on the Service.
20. Trademark information
Company, the Service, the Service logo, and other Company logos, products and service names are trademarks of Company. (the "Company Marks"). Without Company's prior permission, you agree not to display or use in any manner, the Company Marks.
21. Remedies for breach of these terms by a user
If at any time a user intentionally makes use of the Service in connection with sending or originating any UNSOLICITED MASS MAILING, which hereinafter is defined as any email sent without the recipients direct opt-in request for purposes of advertising or promoting a good or service, the user hereby accepts and agrees to pay a fee for "cleanup and damages" of up to $1,000.00 US for each email message sent to each email address.
22. General information
The AUP constitutes the entire agreement between a user and Company and governs the user's use of the Service, and supercedes any prior agreements between the user and Company. Each user also may be subject to additional terms and conditions that may apply when they use other services, third party content or third party software.
The AUP and the relationship between a user and Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Each user and Company agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. The failure of Company to exercise or enforce any right or provision of the AUP shall not constitute a waiver of such right or provision. If any provision of the AUP is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the AUP shall remain in full force and effect. Each user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the AUP must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the AUP are for convenience only and have no legal or contractual effect.
Please report any violations of the AUP to Company immediately. firstname.lastname@example.org