Welcome to the Registry
Compliance System (the “Service”) provided by Unspam Registry Services, Inc.
(“Unspam”). In addition to this Software License Agreement (the “Software
License”), please keep in mind that you may also be bound by the Service’s
general Terms of Service and the Registry Compliance Privacy Policy as well as
any access restrictions (either through contract or statute) placed on you by
the States of Michigan and Utah (collectively, the “Related Agreements”), which
govern among other things the restrictions on your access to the Service’s
data.
You Must Agree to
these Terms of Service to Use the Software
By downloading, using or
registering for the Registry Compliance Software (the “Software”), you agree to
the terms and conditions of the License. You agree to accept notices
electronically. Each time you use the Software, you reaffirm your acceptance of
the then-current License. If you do not wish to be bound by these this License,
you may discontinue using the Software and the Service. You cannot use or
download the Software until you have accepted this License.
Modifications to
the License
Unspam may change the License
at any time and in its sole discretion. The modified License will be effective
immediately upon your agreement with any modification. Updates, if any, will be
posted at that time and will bind your prospective use of the Software. If you
do not agree with the modified License, your only remedy is to discontinue
using the Software and cancel your registration.
Unspam License to
You
Unspam grants you a personal,
non-exclusive, non-transferable limited license to install the Software and use
the Service, subject to the restrictions of the Related Agreements (if
applicable,) distributed by Unspam in object code form only on any computer or
device from which you wish to access the Service and to use the Software for
the sole and exclusive purposes of connecting to and using the Service in
accordance with this License and the Related Agreements (if applicable). You
may not sub-license, or charge others to use or access the Software without
first obtaining written permission from Unspam. Unspam occasionally will
provide automatic upgrades to improve, 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 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 this License. You may not obtain
information regarding the salting protocol in place prior to “hashing” your
address list. Finally, you may not authorize or assist any third party to do
any of the things described in this paragraph. You understand that Unspam’s
introduction of various technologies may not be consistent across all platforms
and that the performance and features offered by Unspam may vary depending on
your computer, your software, including your operating system and other
equipment.
Restrictions on
Access to or Use of the Software and Service
You may use the Software and
access the Service only through the interfaces and protocols provided or
authorized by Unspam. You agree that you will not access the Service through
unauthorized means, such as unlicensed software clients, and that you will only
use the Software and Service in conjunction with Unspam permitted products and
components.
Export Control
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 Unspam, 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.
Use of Software at
Your Own Risk
You understand that your use
of the Software is at your own risk and that Unspam provides only the
assistance available through the help and information tab posted on the
Registry Compliance site located at http://www.registrycompliance.com. Unspam is under no obligation to provide you
with any error corrections, updates, upgrades, bug fixes and/or enhancements of
the Software.
Disclaimer of
Warranty; Limitation of Liability
DISCLAIMER OF
WARRANTIES. YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR
SOLE RISK. THE SERVICE 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, UNSPAM AND ITS VENDORS DISCLAIM IMPLIED
WARRANTIES THAT THE SERVICE AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY
QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
UNSPAM AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SERVICE AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SERVICE AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE SERVICE AND SOFTWARE WILL BE CORRECTED. UNSPAM AND ITS VENDORS DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SERVICE, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. UNSPAM PROVIDES THE SERVICE
AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT
USERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR
CHOOSING, OR THAT UNSPAM WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A
WHOLE.
LIMITATION OF
LIABILITY. UNSPAM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY WITH RESPECT TO ANY DISPUTE WITH UNSPAM (INCLUDING WITHOUT LIMITATION
YOUR USE OF THE SOFTWARE OR THE SERVICE) IS TO DISCONTINUE YOUR USE OF THE
SERVICE AND SOFTWARE. UNSPAM AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM
YOUR USE OF THE SERVICE, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO
YOUR USE OR REGISTRATION WITH THE SERVICE 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 UNSPAM 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, UNSPAM AND ITS VENDORS' LIABILITY IN SUCH STATE OR
JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. UNSPAM DOES NOT
ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE
SERVICE 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.
Indemnification
You agree to defend,
indemnify and hold harmless Unspam, its vendors, and their respective
directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of your use of the Software or
Service. Unspam reserves the right, at its own expense and in its sole
discretion, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you. In that event, and only in such event, shall
you have no further obligation to provide indemnification for Unspam in that
matter.
Termination
Unspam has the right to
terminate the License or your access to the Service for any reason, including,
without limitation, if it, in its sole discretion, considers your use to be
unacceptable, or in the event of any breach by you of the License (either
directly or through breach of the Related Agreements, if applicable). Unspam
may, but shall be under no obligation to, provide you a warning prior to
termination of your use of the Service.
Trademarks
All trademarks appearing on
the Service are the property of their respective owners, including, without
limitation Unspam, Unspam Technologies, Inc. and the States of Michigan and
Utah.
Electronic Delivery
Policy
Unspam, as an online
business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY
SERVICE, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM UNSPAM ANY PRIVACY OR OTHER
NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER
RECORDS (COLLECTIVELY, "NOTICES"). You agree that Unspam generally
can send you electronic Notices in either or both of the following ways: (1) to
the e-mail address that you provided to Unspam during registration or (2) Unspam
may post Notices on a welcoming screen or top page of the Service. You must
check your designated e-mail address regularly for Notices. You must have a
personal computer with a modem connected to a communications source (telephone,
wireless or broadband), a Windows-based operating system with an Internet
browser or a Macintosh-based operating system with an Internet browser and
Internet e-mail software in order to access electronic communications. You will
need a printer attached to your personal computer to print any Notices. You can
retrieve an electronic copy and a printable version of the License and Related
Agreements by clicking on the Customer Support tab on the home page of
Registrycompliance.com and choosing the Legal Documents submenu. The delivery
of any Notice from Unspam is effective when sent by Unspam, regardless of
whether you read the Notice when you receive it or whether you actually receive
the delivery. Your only method of withdrawing consent to receive Notices
electronically is to terminate any subscriptions, services or other products
provided under the License and Related Agreements
Miscellaneous
A. The provisions of the
License and Related Agreeements addressing disclaimers of representations and
warranties, limitation of liability, indemnity obligations, intellectual
property, Premium Services and governing law shall survive the termination of
the License or the Related Agreements.
B. The License and Related
Agreements and any operating rules for any areas of functionality of the
Service established by Unspam constitute the entire agreement between Unspam
and you regarding the subject matter of the License and supersede all previous
written or oral agreements. The License shall be governed by and construed in
accordance with the laws of the State of Utah, without regard to its conflict
of laws rules. You expressly agree that the exclusive jurisdiction for any
claim or dispute under the License and or your use of the Service resides in
the courts located in the State of Utah, and you further expressly agree to
submit to the personal jurisdiction of such courts for the purpose of
litigating any such claim or action. The foregoing provision may not apply to
you depending on the laws of your jurisdiction. No waiver by either party of
any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.