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.
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.
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.
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.
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
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.