End user agreement for Personal VPN Messenger
1. THIS IS AN AGREEMENT BETWEEN YOU AND YouSAB.
This is an agreement ("Agreement") between you and YouSAB LTD (or, if applicable based on where you live, one of its affiliates) ("YouSAB"). This Agreement governs your use of any server, Gate server, Web site or Web page operated by YouSAB (each, an "YouSAB Web Site," and collectively, the "YouSAB Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. YouSAB OFFERS THE YouSAB WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE YouSAB WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW YouSAB MAY MODIFY THIS AGREEMENT
YouSAB reserves the right to change the terms, conditions, and notices under which it offers the YouSAB services, including any charges associated with the use of the YouSAB services. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any YouSAB Website. Your continued use of the YouSAB Web services after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any YouSAB Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that YouSAB Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a YouSAB Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE YouSAB services.
The YouSAB services are only for your personal and business use. You will not use the YouSAB Web Sites in any way that is unlawful, criminal, or harms YouSAB, its affiliates, re-sellers, distributors, service providers and/or suppliers (each, a "YouSAB Party" and collectively, the "YouSAB Parties") or any customer of a YouSAB Party, as determined in YouSAB`s sole discretion or any other person. You will not use the YouSAB services to harass or threaten any other party. You will not use the YouSAB Services to crash, slow, or intentionally harm any computer system. You may not use the YouSAB service in any way that breaches any code of conduct, policy or other notice applicable to the YouSAB Web Site. You will not use YouSAB services to obtain unauthorized access to any computer system. Without limiting the generality of this section, you may not use the YouSAB Web Sites in any manner that could damage, disable, overburden, or impair any computer system or YouSAB Web Site (or the network(s) connected to any YouSAB Web Site) or interfere with any other party's use and enjoyment of the YouSAB services
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the YouSAB services to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the YouSAB services in any way that violates the YouSAB Anti-Spam Policy. You may view our Anti-Spam Policy outlined in our User Agreement - Personal, Non-Commercial Use. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. YouSAB may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the YouSAB services includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the YouSAB Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. COMMUNICATIONS MONITORING
To the maximum extent permitted by applicable law, YouSAB may monitor your use of the YouSAB service, e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the YouSAB Parties or any customer of a YouSAB Party.
7. YouSAB MAKES NO WARRANTY
YouSAB PROVIDES ITS SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE YouSAB PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE YouSAB PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE YouSAB SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
8. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY YouSAB PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE YouSAB, EVEN IF SUCH YouSAB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE YouSAB SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY YouSAB PARTY WITH RESPECT TO THIS AGREEMENT OR THE YouSAB SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE YouSAB SERVICES.
9. CHANGES TO THE YouSAB SERVICES; ADDITIONAL LIABILITY LIMITATION
THE YouSAB PARTIES MAY CHANGE THE YouSAB SERVICES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the YouSAB SERVICES, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by YouSAB and persons other than YouSAB (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE YouSAB PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT YouSAB IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE YouSAB SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE YouSAB SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE YouSAB SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM YouSAB OR THIRD PARTIES THOUGH LINKS CONTAINED ON THE YouSAB WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
10. TERMINATION; ACCESS RESTRICTION
YouSAB may terminate this Agreement, or terminate or suspend your access to the YouSAB Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the YouSAB Services will immediately cease.
11. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with YouSAB, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws United Kingdom, without reference to conflict of laws principles. If this Agreement is with a YouSAB affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such YouSAB affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your county of residence in the United Kingdom, or, if you reside outside the United Kingdom, under the laws of the country to which the subject YouSAB Services are directed. If this Agreement is with YouSAB Ltd, you hereby irrevocably consent to the exclusive jurisdiction and venue of London, United Kingdom in all disputes arising out of or relating to the use of the YouSAB Services. If this Agreement is with a YouSAB affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such YouSAB affiliate in all disputes arising out of or relating to the use of the YouSAB Services.
12. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. YouSAB may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the YouSAB Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and YouSAB with respect to the YouSAB Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and YouSAB with respect to the YouSAB Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
13. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the YouSAB Web Sites are Copyright © 2005 YouSAB, Inc. and/or its suppliers. All rights reserved. YouSAB and/or other YouSAB products and services referenced herein may also be either trademarks or registered trademarks of YouSAB in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
14. DISALLOWED USES OF ANONYMIZER SERVICES
By using the YouSAB Services, you agree to be bound, without any limitation or qualification, by the following Policies. * You agree not to use the Services to carry out unlawful activities. * You agree not to use a robot, such as ReGet, GetRight, Go!Zilla, or any similar programs, to download content continuously in an unattended or attended basis. * YouSAB is not responsible in anyway for any damages or losses, either directly or indirectly, arising from your use of the Service, or by your inability to use the Service. * If you post messages through the Service, or send email through the Service, you agree not to send anything that is unlawful. You agree that you will not use the Service to:
1 Harass, threaten, or abuse others.
2 Invade the privacy of others.
3 Infringe the copyright and/or intellectual properties of others.
4 Impersonate another person or entity.
5 SPAM the Internet.
6 Do anything illegal.
15. ACCOUNT INFORMATION
Passwords - YouSAB provides anonymity and therefore keeps as little information as possible on our customers, including their passwords. If you forget your password, you will be unable to access your account. It is highly recommended that you record your Account Number and password in a secure place for future reference.
Copyright © 2006-2009 Yousab Software, Inc.