End user agreement for Online Vault
Note: ONLINE VAULT IS NOT SPYWARE OR ADWARE. NO POPUP ADS WILL APPEAR WITH THE SERVICES.
You must be at least 18 years of age in order to agree to the terms of this Agreement and to download the Services. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, A PARENT OR GUARDIAN MUST DOWNLOAD IT FOR YOU. USE OF THE SERVICES BY ANYONE UNDER THE AGE OF 13 IS STRICTLY PROHIBITED.
This Agreement addresses the following:
§ Contact Information
§ Description of Xacti Services
§ Acceptable use of Services
§ Sites with Registration
§ Passwords and Security
§ Data Security Practices
§ Making Changes or Opting Out
§ Uninstallation of Crawler/Inbox.com Toolbar
§ Intellectual Property Rights
§ License to Access Content on Our Sites
§ Notice and Consent
§ Termination of Services
§ Information Disclaimer and Disclaimer of Warranties
§ Limitation of Liability
§ General Provisions
§ Last Updated
Xacti, 999 YAMATO RD STE 100, Boca Raton, Florida 33431
Telephone: 1-561-989-7400, Fax: 1-561-989-7401, E-mail: firstname.lastname@example.org
Description of Xacti Services
Xacti websites are provided on an AS IS and AS AVAILABLE basis. Xacti disclaims any and all responsibility and liability for the availability, timeliness, security or reliability of the Services. The Services consist of a search engine service with access to the search results of many search providers on the Internet, and may not be re-sold for any purpose whatsoever.
Crawler/Inbox.com Free Webmail
Xacti provides free Webmail that includes data storage, notes and easy contact folder management and spam and virus-free emails.
Crawler/Inbox.com Toolbar allows you to search, detect spyware and adware, make MP3 recordings, view screen savers, listen to Internet radio streams, setup RSS feeds and much more.
Please note that, unless you sign up for Upgraded Services, (a) your email and data storage will not be backed up by Xacti, and (b) if you exceed the free 5 GB of storage space (“Default Storage Limit”) you will not be able to receive new emails until deleting old emails. Information and pricing regarding additional storage capacity can be found at http://www.inbox.com/email_upgrade.aspx.
Email and data storage is secured by redundant hardware when using the free services, however without daily backups offered with the Upgraded Services loss of data cannot be guaranteed.
Xacti provides daily backup of email and data storage with its Upgraded Services.
Upgraded Services are purchased for twelve (12) month periods. If the term of Upgraded Services expires without renewal, your account will be downgraded to a free account with the corresponding Default Storage Limit. Any backup previously provided that is in excess of the Default Storage Limit may be lost. If the account has reached or exceeded the Default Storage Limit, no new emails will be received until the account is again below the Default Storage Limit. Users will only be able to view, read and delete data currently in their account. Once the account becomes below the Default Storage Limit, regular use may resume.
Real-Time protection that effectively removes spyware, adware, trojans, keyloggers, home page hijackers and other malware threats from your computer.
Acceptable Use of Services
You shall not use the Services to create, upload, transmit, distribute, or store material that:
· Violates a trademark, copyright, trade secret or other intellectual
· Property rights of others
· Violates the privacy, publicity or other personal rights of others
· Prevents another from using the Services
· Impairs the privacy of communications
· Contains obscene, offensive or inappropriate content
· Constitutes pornography
· May be threatening, abusive or hateful
· Violates export control laws or regulations
· Encourages conduct that would constitute a criminal offense or give
· Rise to civil liability
· Causes technical disturbances to the Services, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
· Assists or permits any persons in engaging in any of the activities described above
· Involves deceptive on-line marketing
· Violates this Agreement, as it may be revised from time to time
If you become aware of any such activities, you are obligated to immediately notify Xacti and take all other appropriate actions to cause such activities to cease. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations. Xacti reserves the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Registration for Certain Services
· Certain Xacti Services may require you to register in order to obtain service.
· Registration is available to anyone of legally permissible age, as specified above.
Passwords and Security
Certain Services such as Free Email require selection of an user name and password. You agree not to:
· select or use a screen name of another person with the intent to impersonate that person
· use a name subject to the rights of any person without their authorization
· use a screen name that would be offensive or objectionable to people of ordinary sensitivities, or is otherwise illegal, or infringing
· attempt any unauthorized use or breach of security or allow others to do so.
Data Security Practices
Visiting and using Xacti Services may result in Xacti receiving performance and usage information, such as your Crawler/Inbox.com Toolbar configuration, date of its installation and uninstallation, anonymous information about visited websites for SiteRank statistics purposes (only when you opt to enable SiteRank feature). This information will not be used to personally identify you. All data sent to our servers are anonymous, identifiable only by a user ID that cannot be used to track your identity, and encrypted.
Uninstallation of Crawler/Inbox.com Toolbar
If you decide that you no longer wish to use the Crawler/Inbox.com Toolbar, you may easily uninstall it. To uninstall the Crawler/Inbox.com Toolbar use the add/remove function within Windows.
Making Changes or Opting Out
· You may change or opt out of having your personally identifiable information collected by Xacti at any time.
· Our Services allow you to update your personally identifiable information. See the help pages or you can make a request via email to contact@Xacti.com.
Intellectual Property Rights
· You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the services or of any content (including any software) available throughout the Services.
· All content owned and operated by Xacti and all 3rd party content is the exclusive intellectual property of its owner and is protected as such.
License to Access Content on Our Sites
· Xacti grants you a personal, nonexclusive, non-assignable and nontransferable license to use the Services as permitted under this Agreement.
· All rights not expressly granted to you by the foregoing sentence are reserved by Xacti.
Notice and Consent
· All comments, suggestions, and feedback are welcome.
· Please note by making any submission, you grant Xacti and third parties permission to use and incorporate your ideas or comments into Xacti Services without compensation of any kind to you.
Termination of Services
· Xacti may terminate Services at any time, or remove, discard or modify any part of the Services, for any reason, or it may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files.
· Xacti shall not be liable for any such suspension, discontinuation or termination of the Services or your access to the Services.
Information Disclaimer and Disclaimer of Warranties
· XACTI SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. XACTI AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
· YOUR USE OF XACTI SERVICES IS AT YOUR SOLE RISK. Xacti SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XACTI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
· XACTI MAKES NO REPRESENTATION OR WARRANTY THAT XACTI SERVICES WILL MEET YOUR REQUIREMENTS, THAT XACTI SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF XACTI SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH XACTI SERVICES WILL MEET YOUR NEEDS.
· ANY MATERIAL OBTAINED THROUGH THE USE OF XACTI SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
· NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE XACTI SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT XACTI, ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS SHALL NOT BE 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, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
· THE USE OF, OR THE INABILITY TO USE, XACTI SERVICES;
· THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES;
· UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
· THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES;
· RELIANCE ON CONTENT OR POSTINGS ON ANY SITES; OR
· ANY OTHER MATTER RELATING TO OUR SITES OR XACTI SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Xacti OR ANY SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL XACTI'S CUMULATIVE LIABILITY FOR DIRECT DAMAGES HEREUNDER EXCEED $100.00.
You agree to indemnify Xacti and its subsidiaries and affiliates, and their officers, directors, employees and agents, representatives, information providers and licensors and to hold them harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind arising, directly or indirectly, from the Services.
Applicable Law; Jurisdiction and Venue; Attorneys' Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive personal jurisdiction and venue of state and federal courts located in Palm Beach County, Florida for all disputes arising out of this Agreement. If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses in addition to any other relief to which it may be entitled.
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
All provisions of this Agreement relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the Service, for whatever reason.
Changes to this Agreement
Xacti may change this agreement at any time, at its sole discretion. Notice of material changes to this agreement will be posted on Xacti’s Website. You agree that your continued use of the services following any changes to this agreement will constitute your acceptance of such changes. We expect most future changes to be minor.
May 16, 2008