Terms of Service and Acceptable Use Policy

PLEASE READ THE ENTIRE TEXT OF THIS ACCEPTABLE USE POLICY AND TERMS AND CONDITIONS OF USE BEFORE ACCESSING THIS SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED IN THIS DOCUMENT. IF YOU DISAGREE WITH THE TERMS AND CONDITIONS PRESENTED IN THIS DOCUMENT, YOU GIVE UP YOUR RIGHT TO USE RightClick Inc. SERVICES.

COPYRIGHT NOTICE

All information, content, graphics, artwork, sounds, and videos contained on this website are the exclusive property of or licensed property of RightClick Inc. All rights are reserved. Permission to use any content contained within this service must be specifically requested.

DISCLAIMER OF WARRANTY

RightClick Inc. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. NO INFORMATION OR STATEMENTS MADE BY RightClick Inc., ITS EMPLOYEES, OFFICERS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS OR AFFILIATES SHALL CREATE OR IMPLY A WARRANTY OF ANY KIND. ANY INFORMATION MADE OR PASSED THROUGH THIS SERVICE SHOULD BE CONSIDERED AND TREATED AS PUBLICLY VIEWABLE. RightClick Inc. DOES NOT WARRANT THAT ANY INFORMATION RETRIEVED FROM OR THROUGH THIS SERVICE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER POTENTIALLY HARMFUL OR DAMAGING COMPONENTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL RightClick Inc., ITS EMPLOYEES, OFFICERS, SERVICE PROVIDERS, AFFILIATES, LICENSORS, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT IN ANY WAY, SHAPE OR FORM, FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, WHICH MAY OR MAY NOT BE A RESULT OF ACCIDENTALLY DELETED OR RENAMED FILES OR DATABASES, COMPUTER VIRUSES OR WORMS OR TROJAN HORSES OR OTHER MALICIOUS OR DAMAGING CONTENT, COMMUNICATION CIRCUIT OR POWER FAILURE, THEFT, FIRE OR DESTRUCTION OF EQUIPMENT REQUIRED TO PROVIDE THIS SERVICE, OR THEFT OR UNAUTHORIZED USE OF USER'S ACCOUNT DUE TO NEGLIGENCE OR WEAK PASSWORDS. IN THE EVENT RightClick Inc. IS FOUND LIABLE UNDER ANY CIRCUMSTANCES UNDER THE TERMS AND CONDITIONS OF THIS CONTRACT, RightClick Inc.'s LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT FOR THE CURRENT TERM.

ILLEGAL ACTIVITY

RightClick Inc. strictly prohibits use of this service to perpetrate, aid in, or assist with illegal or criminal activity of any kind. Illegal activities may include activities that are prohibited by the laws of the United States of America, State of California, locations, or municipalities within the State of California or other areas where this service is delivered to or received by an enduser. Illegal activities may also include activities that are prohibited by any laws which may govern user in user's current location. In the event of a search warrant or court order served RightClick Inc. requesting information related to user's activities or user's use of RightClick Inc.'s service, RightClick Inc.'s Privacy Policy is fully revoked. Any and all information requested by search warrant or court order will be provided without respect to user's privacy and without respect to RightClick Inc.'s privacy policy.

PROHIBITED USES OF SERVICES

User may never act in a way that would restrict or limit other users' ability to use and enjoy the service or sites accessed by or through this service. User may not engage in denial-of-service attacks or participate in distributed denial-of-service attacks or any other activity that would put undue load on RightClick Inc.'s or other service providers' servers, networks, switches, routers or other equipment. User may not use this service to engage in unlawful activities. User may not use this service to encourage others to engage in criminal or unlawful activity. User may not use this service to store, transfer or distribute unlawful materials. User may not use this service to store, transfer or distribute copyrighted materials without permission of the copyright holder. User may not use this service to store, transfer or distribute viruses, trojan horses, worms, cancelbots or any other malicious or potentially destructive programs or scripts. User may not use this service to store, transfer or distribute illegally obtained passwords, hacks, cracks, license keys, serial numbers, serial number generators, credit card numbers, credit card number generators, or lists of other sites where such materials may be found. User may not access or attempt to access other RightClick Inc.'s users' accounts. User may not access or attempt to access without permission and proper authorization RightClick Inc. servers, routers, switches, wireless devices, point-of-sale products, vending devices or other devices via configuration or console port, SNMP, telnet, secure shell (SSH), Terminal Services, VNC, PCAnywhere or other remote controls protocols.

UNSOLICITED COMMERCIAL EMAIL

User may not use this service as a means of distributing unsolicited commercial email (UCE or SPAM), nor may user connect to so-called "open relays" or open proxy devices at other locations for the purpose of distributing UCE. User may not send messages with fraudulent reply-to or sender addresses. User may not forge or alter any email header element so as to make it difficult for message recipient to determine the origin of the sender of any such message.

BACKUP OF CUSTOMER DATA

RightClick Inc. does not guarantee availability of user data. All possible efforts are made to ensure that data is safe and secure while held on RightClick Inc. systems. User agrees that all information posted through or stored on the system is done so at users risk. In the event of loss or destruction of data by either party, RightClick Inc. will not provide data restore service. Best effort recovery may be attempted but no warranty of data safety, security or availability is provided in any way, shape or form.

COPYRIGHTED MATERIAL

RightClick Inc. shall not be responsible for materials created or stored on this system by individual users. Use of this service to knowingly violate copyright laws or to illegally distribute copyrighted material may result in account suspension or cancellation with or without notice.

EXPLICIT MATERIALS

User understands and agrees that RightClick Inc. shall not be responsible for user's ability to access sexually-explicit or adult-oriented materials, which may include degrading, violent, racist or otherwise potentially offensive subject matter. Furthermore, user agrees that he/she accesses this service at his/her own risk. Not all material viewable or accessible through this service is appropriate for individuals who are below the legal age of consent.

PRIVACY POLICY

RightClick Inc. respects your privacy and will not share personally identifiable information with third parties without your consent.

BILLING PERIOD

Upon establishing new service with RightClick Inc., any setup fees and/or deposits are due immediately. Services that are billed on a month-to-month basis will be automatically billed on the first day of each month to the credit card we have on file. Month-to-month services are billed forward. First month will be billed on a pro-rated basis determined by the number of days service was provided. If for any reason payment is rejected, you will be notified and given one month to provide payment. Accounts more than 30 days past due may be suspended or terminated without further notice. In the event your account is terminated for non-payment, RightClick Inc. is under no obligation whatsoever to retain personal content related to your account. Personal content may include email held in your message quarantine.

TERMINATION OF SERVICE

If you terminate your service with RightClick Inc. you will receive a prorated refund for any unused service. Annual prepaid accounts typically offer users much lower monthly rates. Annual prepay accounts may be terminated within 60 days of the end of the term and a simple proration of the balance will be credited. Any other termination of an annual prepaid account will result in the forfeiture of any discounts that may have already been granted. The entire term will be recalculated from the start date to the cancellation date at the standard monthly rate and a new balance will be generated. If the new balance due exceeds the amount already paid, there will be no refund. RightClick Inc. will consider the account paid in full and close the account on good terms.

MINIMUM PAYMENT

Your account must be paid in advance at all times. Payment for one future month of service will be charged and collected on the first day of each month.

METHOD OF PAYMENT

RightClick Inc. accepts Visa, Mastercard, American Express and Discover for payment of services. We do not accept checks for payment of monthly services.

COLLECTION SERVICES

RightClick Inc. services are generally billed in advance. We reserve the right to bill in arrears on any account for any reason. RightClick Inc. also reserves the right to pursue any legal action necessary to collect unpaid debts for services we have provided. This may include hiring third parties to act as our agents in the collection of debt. We also reserve the right to hold "mechanics lien" over any assets we may possess in lieu of payment for services rendered.

RIGHT TO SUSPENSION OR CANCELLATION

User understands that RightClick Inc. may suspend or terminate users account at any time user is found in violation of the terms and conditions of this agreement.

MODIFICATION OF THIS POLICY

RightClick Inc. reserves the right to modify this policy at any time and without prior notice. Users who do not agree with subsequent revisions of this policy may refuse acceptance of the revised policy. Users who refuse future revisions of this policy will receive a full refund of any unused portion of the service for which they have paid and their account will be closed.

This document was last modified May 7, 2008.