End user agreement for Callstorm
Surfsimple Terms of Service (WARNING!!! Goto www.surfsimple.net/legal to see complete version.)
Thank you for your interest in Surfsimple, Inc ("Surfsimple"). The following terms and conditions apply to all users who either registered for Surfsimple services or downloaded Surfsimple updates or software on or after September 22, 2004. All other Surfsimple users are bound by the Surfsimple terms and conditions.
You Must Agree to these Terms of Service to Use Surfsimple Products
For purposes of these Terms of Service, the term "Surfsimple Products" shall mean Surfsimple software (whether preinstalled, on a medium or offered by download), Surfsimple services, Surfsimple websites (including, without limitation, Surfsimple.com) and all other software, features, tools, web sites and services provided by or through Surfsimple from Surfsimple, Inc. and its business divisions (collectively " Surfsimple ") and Surfsimple's third-party vendors.
Additional Terms and Conditions for other Services or Products
You agree and understand that certain Surfsimple Products, features and other premium services offered by or through Surfsimple (including services from Surfsimple) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your Surfsimple ID or through a Surfsimple Product shall constitute a breach of these Terms of Service.
Modifications to the Terms of Service
Surfsimple may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the Surfsimple Products. Surfsimple will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Surfsimple Products and cancel your registration.
Requirements for Use or Registration of Surfsimple Products
The Surfsimple Products are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. Some Surfsimple Products may require the user to register and provide information to Surfsimple, such as name, e-mail address, gender, date of birth, zip code (the "Registration Information"). If you register for any Surfsimple Product, you agree to provide accurate and complete Registration Information and you agree to keep such information current.
You will need a valid form of identification to use Surfsimple Products, such as a Email Address or such other forms of user identification authorized by Surfsimple (collectively, "Surfsimple ID"). You may use the Surfsimple ID already assigned to you from Surfsimple-authorized services. If you do not have a Surfsimple ID, you can register for a Surfsimple ID on the Surfsimple service. You may not (1) select or use a Surfsimple ID of another person with the intention of impersonating that person, (2) use a Surfsimple ID of anyone else without authorization, (3) use a Surfsimple ID in violation of the intellectual property rights of any person or (4) use a Surfsimple ID that Surfsimple considers in its sole discretion as being inappropriate.
Unless you are a subscriber to a Surfsimple fee-based subscription service, you must use your Surfsimple ID on a regular basis (e.g., log into Surfsimple Product) to keep your Surfsimple ID and registration active. Surfsimple may cancel the registration and Surfsimple ID and delete any data any Surfsimple Product of any registered user who does not have a current subscription or who Surfsimple has determined in its sole discretion has not used such Surfsimple ID for a period of ninety (90) days. If your Surfsimple ID is canceled, you will need to re-register for a Surfsimple Product and obtain a new Surfsimple ID to gain access to registration-based features and tools. If the Surfsimple ID that you previously used and which was canceled has not been taken by another registered user of Surfsimple or any affiliated service, you may re-register with your canceled Surfsimple ID. You agree that Surfsimple may deactivate any free accounts offered by Surfsimple that you do not use or visit for a period of thirty (30) consecutive days. You agree that Surfsimple has no responsibility or liability for the deletion or failure to store any messages on such deactivated accounts. If your account is deactivated, you will need to reactivate your account or sign up a new account.
Registered User Information
By registering with or using Surfsimple Products, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for the processing and storage by Surfsimple. Additionally, you agree that Surfsimple may use the Surfsimple ID to authenticate you on Surfsimple's Service, help store your registration and transaction-related information, and enable you to take advantage of offerings from Surfsimple and its affiliated providers.
You are responsible for all activity made by you or anyone you allow to use your Surfsimple account and Surfsimple ID, including your family or friends. You agree to keep confidential the passwords associated with your account. You may not use Surfsimple while driving, operating hazardous equipment, or engaging in other forms of hazardous activities. You agree to indemnify and hold harmless Surfsimple for losses incurred by Surfsimple or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using Surfsimple Products.
You are responsible for any materials you post or make available on or through the Surfsimple Products, including message board posts, chat participation and homepages.
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the Surfsimple Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access Surfsimple are your responsibility. If you are accessing Surfsimple through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
You May Use the Surfsimple Products for Lawful Purposes Only
You may use Surfsimple Products for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, chat, e-mail, calendars, messaging products) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in Surfsimple 's judgment, restricts or inhibits any other user from using or enjoying the Surfsimple Products, including without limitation the community areas.
No Spam, Bulk Email or Bulk Messages
You may not use Surfsimple Products including communication tools such as e-mail, messaging and chat services to send unsolicited bulk communications, including through e-mail or messages. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about Surfsimple users from Surfsimple Products, including Surfsimple IDs, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that Surfsimple may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within Surfsimple's networks.
Content You May Use
Surfsimple, its vendors and Surfsimple users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on Surfsimple Products own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Surfsimple or its vendors. You agree that you will not take any action to interfere with Surfsimple 's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.
You may use Content available on the Surfsimple Products only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as music and photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.
Content You Post
You may only post Content that you created or which the owner of the Content has given you. You may not post or distribute Content that is illegal or that violates these Terms of Service. By posting or submitting Content on any Surfsimple Product, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content on the Surfsimple Product and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any Surfsimple Product, Surfsimple owns all right, title and interest in any compilation, collective work or other derivative work created by Surfsimple using or incorporating this Content. In addition, by posting Content on an Surfsimple Product, you grant Surfsimple, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses.
No Duty to Monitor
Surfsimple is not required to pre-screen Content available on the Surfsimple Products, including the content of any messaging that occurs on or through the Surfsimple service, although Surfsimple reserves the right to do so in its sole discretion. Surfsimple is not liable for Content that is provided by others. Surfsimple reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but Surfsimple is not responsible for any failure or delay in removing such material.
Surfsimple License to You
Surfsimple and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by Surfsimple (including all software and services provided by a third-party vendor for Surfsimple) in object code form only on any computer or device from which you wish to access the Surfsimple service and all other Surfsimple Products ("Software") and to use the Software for the sole and exclusive purposes of connecting to and using the Surfsimple Products in accordance with these Terms of Service. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from Surfsimple. Surfsimple occasionally will provide automatic upgrades to improve your online experience, such as virus and spam screening technologies, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.
You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Service. You may not obtain the communications protocol for accessing the Surfsimple service, the Surfsimple Products, or any other Surfsimple services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that Surfsimple's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by Surfsimple may vary depending on your computer and other equipment.
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from Surfsimple, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.
Third parties may offer from time to time applications or services to access Surfsimple services and Surfsimple Products. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third parties. Surfsimple does not represent and warrant that access and use of Surfsimple Products through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the Surfsimple Products at all times and locations of your choosing. You also agree that Surfsimple is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make Surfsimple Products accessible through these third-party applications.
Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF THE SURFSIMPLE PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE SURFSIMPLE PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, SURFSIMPLE AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE SURFSIMPLE PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. SURFSIMPLE AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SURFSIMPLE PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SURFSIMPLE PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SURFSIMPLE PRODUCTS AND SOFTWARE WILL BE CORRECTED. SURFSIMPLE AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SURFSIMPLE PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SURFSIMPLE PROVIDES THE SURFSIMPLE PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SURFSIMPLE PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT SURFSIMPLE WILL HAVE ADEQUATE CAPACITY FOR THE SURFSIMPLE PRODUCTS AS A WHOLE.
LIMITATION OF LIABILITY. SURFSIMPLE 'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SURFSIMPLE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR SURFSIMPLE PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE SURFSIMPLE PRODUCTS AND SOFTWARE. SURFSIMPLE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SURFSIMPLE PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH SURFSIMPLE PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SURFSIMPLE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SURFSIMPLE AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. SURFSIMPLE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH SURFSIMPLE PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
(WARNING!!! Goto www.surfsimple.net/legal to see complete version.)