StopSign.com - End User License Agreement

Thursday, 21 August 2008

Home

Company

Terms and Conditions

See Our Latest Ads
Click here to check out our new ads!

Compare
StopSign uses the award winning Dr.Web anti-virus engine. The results of the Dr. Web test can be found here in section Comparatives.

iShield

Main Menu

Company

End User License Agreement

Definitions:
1. "Agreement" means this End User License Agreement.
2. "End User", "you" or "your" means the consumer.
3. "Service" means the software and services available through online subscription to eAcceleration, including any of its individual services.
4. "eAcceleration Corp.", "Provider", "we", "our" or "us" means eAcceleration Corp., a Delaware corporation.
5. "Free Scan" means a virus scan of the user's computer with a report of infections found at no cost.
6. "Free Trial" means a limited time use of an eAcceleration product at no cost.
7. "Paid eAcceleration Member", "Paid Member" or "Paid Subscriber" means a user that receives eAcceleration products for a subscription or membership fee.
8. "Free Trial User" is a user using eAcceleration products under one or more of the Free Trial programs offered by eAcceleration Corp.
Back to the top
General:
1. Free Scan:
  1. You are not required to purchase any product from eAcceleration if you are a Free Trial User. Free Scan does not include cures for infections found by the scan. Free Scan Users will receive a page at the completion of every scan with information about purchasing cures. Downloading a free trial version of eAcceleration software may include the eAcceleration Software Station which is a tool for managing your selected eAcceleration products.
  2. Paid eAcceleration Members have the option to use any eAcceleration product(s) as opt-in services at no additional monthly cost. Paid Members who want to use Online Backup will be required to purchase Online Disk space in addition to maintaining their subscription fees.
2. By accepting this Agreement, Provider grants you a revocable, nonexclusive, nontransferable license to use the Service on the terms and conditions of this Agreement, as amended from time to time.
3. You may not (a) copy, distribute, rent, lease or sublicense or transfer all or any portion of the Service or Software; (b) modify or prepare derivative works of the elements comprising the Service; or (c) reverse engineer, decompile or disassemble elements comprising the Service, except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation.
4. Provider may terminate the Service granted under this Agreement at any time if you fail to comply with any of the terms of this Agreement.
5. Provider may temporarily suspend any paid Service if you fail to make prompt payment for that Service, and we will resume Service as soon as payment has been received.
6. Software and Services provided, and associated source code (except for products licensed under the GPL) are proprietary products of eAcceleration and are protected by copyright and other intellectual property laws. The Software is licensed and not sold. You acquire only the right to use the Software and do not acquire any rights, express or implied, in the Software other than those specified in this Agreement.
7. At the time you install the software, you have the option to allow automatic updates to the Service, including virus data files, bug fixes, enhanced features, patches, and version updates. If you choose to not allow the automatic updates, you will need to update the Service on a regular basis to ensure you have up-to-date protection.
8. Provider may change the terms and conditions of this Agreement and the Privacy Statement at any time. Your continued use of the Service after any such change constitutes acceptance of any and all changes made to these Rules.
9. This Agreement shall be governed by and interpreted under the laws of the State of Washington, and, as applicable, federal laws of the United States of America.
Back to the top
Usage:
1. You may purchase multiple licenses on your eAcceleration account. Each license authorizes the use of eAcceleration products on one computer. If you wish to utilize the Service at a for-profit, not-for-profit or education establishment, you may purchase multiple licenses for the number of machines to be covered at your business or commercial location.
2. Business accounts may not utilize the Service through personal accounts for coverage. Non-profit companies may be required to prove their non-profit status.
3. This Service is not intended for use by a government End User. This EULA does not apply to government users. User agreements for government users will be created to meet the specific needs of the governmental unit and eAcceleration Corp.
Back to the top
Export Controls:
1. The Service may not be downloaded or exported at any time (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any country to which the United States of America (U.S.) has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
2. The Service may include certain cryptographic software, which is subject to U.S. Export Controls under the Export Administration Regulations. The Service may be exported subject to License Exception ENC. In accordance with section 740.17(d)(1)(i) of the Export Administration Regulations, Provider is permitted to export (or download) cryptographic software under License Exception ENC only to the following countries other than the U.S., upon Provider's submission of the appropriate documentation to the Bureau of Export Administration (BXA): Austria, Australia, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, and United Kingdom. Residents of all other countries not listed in this section, section 4(b), excluding those countries listed in section 4(a) above, are permitted to download the Service after the required "30-day waiting period" after submission of the required documentation has passed, provided no comments are received from the BXA.
3. By downloading and using the Service, you certify that:
  1. You are a national or a resident of the U.S. or of any country other than those countries and prohibited persons listed in 1(a) above;
  2. You take full and sole responsibility for such downloading or such use;
  3. You understand that elements comprising the Service are subject to export controls under the Export Administration Regulations; and
  4. You understand that you cannot export elements comprising this Service without a license or other authorization.
Back to the top
Term:

This Agreement is effective upon your acceptance of this Agreement as provided above, and shall remain in effect until terminated as provided herein.

Back to the top
Spam Policy:
1. You agree that you will not use eAcceleration services to transmit unsolicited email (also known as "spam"), including but not limited to: junk or bulk email, chain letters, pyramid schemes, contests, any form of lottery or gambling, or any other form of duplicative or unsolicited messages in bulk.
2. Provider may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other duplicative or unsolicited bulk email. If actual damages cannot be reasonably calculated as a result of a violation of this spam policy, then you agree to pay Provider liquidated damages of five United States dollars (US$5.00) for each piece of "spam" or other duplicative or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay Provider's actual damages, to the extent such actual damages can be reasonably calculated. You agree that Provider may charge such damages to your selected Payment Method, as set forth in the eAcceleration Payment Terms and Conditions section, below.
Back to the top
Online Disk:
1. User Responsibility:
  1. As an eAcceleration user, you agree to comply with this Agreement. You acknowledge that eAcceleration has the right to enforce this Agreement at its sole discretion. In the event of any breach of this Agreement by you, or anyone using your account or any sub-account, eAcceleration may take whatever action they deem appropriate. If your account is terminated, you will forfeit your initial setup fee. eAcceleration is not required to provide notice prior to terminating your eAcceleration access for violating these rules and standards.
  2. Users shall not store the following material on eAcceleration Online Disk accounts and eAcceleration's servers:
    1. Images of children engaged in sexual contact with other children, adults or animals.
    2. Images of adults engaged in sexual contact with other adults, children or animals.
    3. Plans for illegal activity, such as building a bomb or counterfeiting money.
    4. Advertisements for a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia.
    5. False statements to get, or to attempt to get, account information or other private information from other eAcceleration or internet users through use of eAcceleration Online Disk, web pages located on eAcceleration's servers, or other eAcceleration products or services.
    6. Material protected by copyright or other intellectual property law, unless the eAcceleration account holder is the owner of the copyright or intellectual property protective measure or has express permission to post such material from the owner of the copyright or intellectual property protective measure.
    7. Material disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement.
  3. eAcceleration will cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas if they are investigating illegal activities associated with your use of your Online Disk account.
  4. If we find that you are violating the law in conjunction with the use of your Online Disk account, we will contact the appropriate law enforcement authorities and we will provide them with your contact information as well as cooperate with them in investigating the law violation.
2. Copyright and Intellectual Property Infringement:
  1. If you violate copyright or other intellectual property rights protection laws, eAcceleration may terminate your eAcceleration Online Disk access and may subject you to legal action.
  2. If a content owner takes legal action against eAcceleration because of your unauthorized use of content, you agree to indemnify and hold harmless eAcceleration and its agents and related companies against any liability, claims, or demands, including the costs of eAcceleration hiring attorneys to defend against the action.
  3. By submitting or posting content on areas of Online Disk accessible by the public, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant eAcceleration a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public area content solely for the purpose of displaying, distributing and promoting the area on which such content is posted. Said license will be in effect only as long as you are an eAcceleration account holder, including any trial period use, and will terminate upon removal of such content from the public area or when you are no longer an eAcceleration member or user, whichever happens first.
  4. If you own intellectual property rights and you believe that any content in which you claim an intellectual property right, such as copyright protection, has been infringed by anyone using eAcceleration Online Disk, please contact eAcceleration's agent, and provide the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512):
    1. A physical or electronic Signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyright work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit eAcceleration to locate the material;
    4. Information reasonably sufficient to permit eAcceleration to contact the complaining party, such as an address, telephone number, and if available, electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
    6. A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    7. eAcceleration's copyright agent for notice of claims of copyright infringement on or regarding eAcceleration can be reached as follows:
      
      Clint Ballard
      eAcceleration Corp.
      1050 NE Hostmark Street, Suite 100-B
      Poulsbo, WA 98370
      USA
Back to the top
Code of Conduct:

eAcceleration, including OOdlz, promotes a family-friendly environment, and in doing so has found the need to establish a set of rules and regulations for all communication associated with OOdlz Games. You should review the guidelines posted on the OOdlz website before you play the games. Any violation of the code of conduct may result in the termination of your account.

Back to the top
Payment Terms and Conditions:
1. Paid Subscribers:
  
  When you become a Paid Subscriber, you must provide Provider with accurate and complete billing information which includes legal name, email address, telephone number, non-profit status if applicable, and credit card/billing information. You must also report to Provider all changes to this information within thirty (30) days of the change.
2. One-Time License Holders:
  
  If offered to you, you may choose to purchase a one-time license, which includes access to all updates and upgrades made available by eAcceleration at no additional fee. If your initial purchase includes technical support services, which are normally available as part of a subscription or membership, those services are only available to you free of charge for the period of time designated at your initial purchase. After that period, additional technical support services may require additional fees.
3. Charges:
  
  You are responsible for any charges to your account. Provider is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeded credit limits, etc.) resulting from charges billed by us.
4. Default Payment Method:
  
  If you provide us with bank account information or credit card information to pay for the Service, you agree that such account will become your "default payment method" for your payment plan and all other purchases on our site.
5. Automatic Billing:
  
  By use of the Service and by supplying bank account information or credit card information, you agree to authorize "automatic billing" to charge your subscription fees and all subsequent purchases automatically to your default payment method. You may choose another form of payment as your default payment method. You also agree to pay, under the terms of the agreement with that account's issuer, the amounts charged to your account.
6. Software Updates and Upgrades
  1. Software updates and upgrades include any modification, refinement or enhancement to the Software. Updates and upgrades to the Software are released at the sole discretion of eAcceleration.
  2. Paid Subscribers. eAcceleration will provide to you any relevant updates and upgrades to the Software that we elect to make available during your subscription period. At the end of your current subscription period, Software updates and upgrades will not be available to you and Software (except Software products designated as free) will not function until you have purchased or renewed your subscription. You may renew your subscription so long as we make such renewal available to you.
  3. One-Time License Holders. If you have purchased a one-time license, eAcceleration will provide to you any relevant updates and upgrades to the Software that we elect to make available, and your Software will continue to function, for no additional fee as long as your Account has not been terminated as provided in Section 2d of this Agreement.
7. Other Purchases:
  
  From time to time, we may offer to you additional products, services, or upgrades to existing products and services through our website. You agree that charges incurred when you agree to purchase such additional products, services or upgrades may also be billed to your existing default payment method, unless you choose an alternate payment method upon purchasing the products.
8. Termination:
  1. eAcceleration reserves the right to disable your access to eAcceleration Online Disk and to remove any content you may have stored on eAcceleration servers under the following circumstances:
    1. At the end of any trial period, if you do not elect to become a paid eAcceleration Member.
    2. Upon expiration of your membership period, if you do not renew, or upon cancellation of your membership.
    3. If your credit card is declined upon renewal of your membership or when you elect to become a member after a trial period, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to eAcceleration.
  2. Provider may terminate your access to the Service and Account at any time without notice. Upon termination, you will have no right to continue to use the Service or access any stored content on the Service, and any such content will be forfeited. Any email sent or received prior to termination may, in the sole discretion of Provider, be deleted from the Service. If Provider terminates your account for cause, you will forfeit all fees paid to Provider as of the date of termination.
9. Cancellation:
  
  You may request cancellation of your membership by clicking on any "Live Chat" icon on an eAcceleration web page, or by calling customer support at 1-800-310-3565.
10. Refunds:
  1. We stand behind our products and services and want our clients to be happy with their decision to use the Service and so we offer a "No-Nonsense" 30-day money back guarantee.
  2. After 30 days, refunds of payments for products or services will be granted solely at our discretion.
Back to the top
No Liability for Non-Availability of Service:

While eAcceleration makes reasonable efforts to ensure that its product suite is available at all times, eAcceleration does not guarantee that its services will be uninterrupted or error-free and eAcceleration does not guarantee that users will be able to access or use all the suite of features at all times.

eAcceleration also does not guarantee or warrant that any content you may have in your Online Disk space at eAcceleration will not be subject to inadvertent damage, corruption or destruction. If any data, messages, images or other content in your account and stored on the eAcceleration Online Disk is damaged, lost or corrupted in any way, eAcceleration will have no obligation or liability to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF eACCELERATION SERVICES IS AT YOUR SOLE RISK. eACCELERATION SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. eACCELERATION DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH eACCELERATION WILL BE FREE OF VIRUSES, "WORMS", "trojan HORSES", OR OTHER HARMFUL COMPONENTS. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY eACCELERATION, SHALL BE CANCELLATION OF YOUR ACCOUNT.

eACCELERATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF eACCELERATION PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR eACCELERATION USE. 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, eACCELERATION'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

eACCELERATION DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH eACCELERATION AND A PARTY'S ONLINE DISK SPACE, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH eACCELERATION. YOU HEREBY RELEASE eACCELERATION FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

BY BECOMING AN eACCELERATION USER, YOU AGREE TO THE EXTENT PERMITTED BY APPLICABLE LAW TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST eACCELERATION, AND TO HOLD eACCELERATION HARMLESS AND INDEMNIFY eACCELERATION WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY eACCELERATION AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.

Back to the top
Miscellaneous:
1. The failure of Provider to insist upon or enforce strict performance of this Agreement will not be construed as a waiver of any provision or right hereunder. Neither the course of conduct between you and Provider nor trade practice will act to modify any provision of this Agreement.
2. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement will remain in full force and effect.
Back to the top
Restricted Rights:

In the event the United States Government or an agency thereof is an End User, the Service shall be considered "Restricted Computer Software", as defined in the Rights in Data-General clause at Federal Acquisition Regulations ("FAR") 52.227-14. Use, duplication or disclosure of the Service by the Government is subject to RESTRICTED RIGHTS, and shall be limited to the greatest extent possible under DFARS 252.227-7013, FAR 52.227-19 or other applicable government acquisition regulation.

Back to the top
General Public License:

Certain eAcceleration Select products are licensed separately under the GNU General Public License (GPL). Nothing in this End User Licensing Agreement should be construed to restrict the GPL concerning those specific products. You may review the GPL licensing agreement at http://www.gnu.org/copyleft/gpl.html. For a list of eAcceleration products that are covered by the GPL, visit www.eAcceleration.com/company/legal/gpl.

Back to the top
End User Acknowledgement:

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PROVIDER, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Back to the top

Contents

Definitions:

General:

Free Scan:

Usage:

Export Controls:

Term:

Spam Policy:

Online Disk:

User Responsibility:

Copyright and Intellectual Property Infringement:

Code of Conduct:

Payment Terms and Conditions:

Paid Subscribers:

One-Time License Holders:

Charges:

Default Payment Method:

Automatic Billing:

Software Updates and Upgrades

Other Purchases:

Termination:

Cancellation:

Refunds:

No Liability for Non-Availability of Service:

Miscellaneous:

Restricted Rights:

General Public License:

End User Acknowledgement: