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TERM & CONDITIONS
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.
*
The Services are provided "as is". There is no warranty,
expresses or implied, of any kind. YouSAB does not warrant that the
contents retrieved through the Service are error free. * You agree
not to use the Service to post or email messages of a spamming nature
or in violation of the YouSAB Anti-Spam Policy. YouSAB reserves the
right to take whatever actions YouSAB deems appropriate to enforce
YouSAB’s policies including, but not limited to Terms of Use
and Notices. YouSAB also reserves the right to change YouSAB policies
without prior notice at any time. The actions YouSAB takes may
include suspension or termination of the Service for the customer.
YouSAB does not issue credits for accounts cancelled due to policy
violations. YouSAB reserves the right to refuse service to anyone at
anytime for any reason.
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.
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