END USER LICENSE AGREEMENT & TERMS OF USE

By downloading and installing WebLOQ software, you agree to the terms & conditions of this License.
Subject to the terms and conditions of this Agreement, You are hereby granted a limited, nonexclusive, nontransferable license (the "License") (1) to install the WebLOQ software downloaded from the WebLOQ web site (the "Software"), and (2) to use this Software and WebLOQ’s private email services, up to the maximum number of authorized users as specified in services purchased. This License does not permit You to use the Software, the Documentation or WebLOQ’s services for any purpose other than as expressly permitted by this Agreement, including without limitation any use for productive purposes or deployment of the Software in any commercial application or in the operation of any entity's business.

Term
Your License is effective for the period of time authorized, commencing on the date You downloaded it, or purchased upgraded services, unless terminated earlier as set forth herein. The License will terminate automatically if You fail to comply with any of the conditions, restrictions or other requirements described herein. At the termination of services, or at the end of the license period, or upon the request of WebLOQ, whichever is earlier, You will promptly remove all coding and other vestiges of the Software from your computer system, destroy all Documentation and make no further use whatsoever of the Software or Documentation, except to the extent that may be permitted under any subsequent written agreements between You and WebLOQ. Free services, such as LOQMail or trial accounts, are granted solely at the discretion of WebLOQ, and may be terminated and/or converted to paid accounts at any time. Free accounts are subject to all terms and conditions of this License Agreement, Terms of Use and Service Level Agreements as disclosed on the company’s web site.

Service Renewals & Termination
WebLOQ email accounts renew automatically upon concurrent payment of amounts due. Purchased services may only be terminated at the end of the purchase term, and no refunds are provided except at the sole discretion of WebLOQ.

Ownership Rights
The Software and Documentation are protected by United States patent and copyright laws and international treaty provisions. WebLOQ retains all rights, title and interest in and to the Software and Documentation, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software and Documentation does not transfer to You any title to the intellectual property in the Software or Documentation, and You will not acquire any rights to the Software or Documentation except the limited right to use them as expressly set forth in this Agreement.

Restrictions
You may not rent, lease, loan, resell or otherwise transfer the Software or Documentation. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to You under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based in whole or in part upon, the Software or Documentation. You may not copy the Software or Documentation. All rights not expressly set forth hereunder are reserved by WebLOQ.

Exclusion of Warranties
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS IS", AND ANY USE BY CUSTOMER OF THE SOFTWARE AND DOCUMENTATION DURING THE TRIAL PERIOD, WHETHER IN A TEST ENVIRONMENT OR OTHERWISE, WILL BE AT CUSTOMER’S SOLE RISK. WEBLOQ MAKES NO WARRANTIES RELATING TO THE SOFTWARE OR DOCUMENTATION AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability
UNDER NO CIRCUMSTANCES OR LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL WEBLOQ OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WEBLOQ SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR FOR ANY OTHER DAMAGES OR LOSSES OF ANY NATURE. IN NO EVENT WILL WEBLOQ BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE WEBLOQ CHARGES FOR A LICENSE TO THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

United States Government
The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and the Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement

Export Compliance
The export and re-export of WebLOQ privacy products are subject to U.S. export controls administered by the Bureau of Industry and Security (BIS) under the U.S. Commerce Department’s Export Administration Regulations (EAR).

WebLOQ’s primary Email Privacy Products have been reviewed and classified for export and re-export by BIS. WebLOQ’s Server Software Suite has been reviewed and approved for export/re-export under EAR License Exception ENC, and WebLOQ’s Client software has been released from Encryption Items (EI) and National Security (NS) export controls and determined to be included in Export Control Classification Number (ECCN) 5D992. Generally, items under these classifications can be exported without a license to any end user (including government end users) in all countries worldwide except the five (5) embargoed countries: Cuba, Iran, North Korea, Sudan, and Syria.

Furthermore, WebLOQ products may not be exported or re-exported, either directly or indirectly, to a person or entity barred by the U.S. government from participating in export activities. Denied persons include those individuals and entities listed on the Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Commerce Department’s Unverified List, the State Department’s Debarred Parties List, and the Treasury Department’s Lists of Specially Designated Nationals and Blocked Persons. Also, WebLOQ products may not be used directly or indirectly in the design, development, fabrication, or use of nuclear, chemical, or biological weapons or missile technology without U.S. government authorization. In addition, reporting to BIS may be required in accordance with EAR Section 740.17(e)(4).

The details of the BIS License Exception ENC review and classification of WebLOQ’s Server Software Suite are as follows:

License Exception ENC/Unrestricted – EAR Sections 740.17 (A) and (B)(3) ECCN 5D002C.1 CCATS G064981

The details of the BIS review and classification of WebLOQ’s Hosted Client software are as follows:

Export Authority Mass Market/NLR – EAR Section 742.15 (B) (2) ECCN 5D992B.1 CCATS G064604

Customer represents and warrants that Customer is not located in, under the control of, or a national or resident of an Embargoed Country or Specially Designated National, as defined under United States export control regulations. Customer agrees to comply strictly with all U.S., European Union and any other applicable export laws and assume sole responsibility for obtaining any necessary licenses to export or re-export WebLOQ software or services, beyond those license exceptions granted to WebLOQ under U.S. export regulations. Information regarding the U.S. Government export classification of WebLOQ products may be found at www.webloq.com.

General
No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by WebLOQ or a duly authorized representative of WebLOQ. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties are independent contractors, and no other relationship is intended by this Agreement.

WEBLOQ TERMS OF USE
These Terms of Use set forth the terms and restrictions regarding the use of the WebLOQ web site (www.WebLOQ.com), by you, a user of WebLOQ.com, and the entity you represent (hereinafter collectively "you" or "your"). By using WebLOQ.com in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use and the End User License Agreement. WebLOQ reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. You should visit this page periodically to review the current Terms of Use. Your continued use of WebLOQ.com following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If at any time you do not agree with these Terms of Use and/or the End User License Agreement, your sole recourse is to not use, or stop using WebLOQ.com.

Privacy Policy
WebLOQ is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy regarding the collection and use of your information. By using WebLOQ.com, you are consenting to the processing of your data by WebLOQ and consenting to the terms of our Privacy Policy.

Copyrights and Trademarks Copyright 2009, WebLOQ, Inc. All rights reserved.

WebLOQ and the WebLOQ logo, and the term LOQ in any form, are registered trademarks of WebLOQ, Inc. All other logos and product names are trademarks of WebLOQ, Inc. Marks and trade names not owned by WebLOQ, Inc. and mentioned on WebLOQ.com are the property of their owners.

Ownership and Use of Web Site Information
All information, materials and software on WebLOQ.com, except noted third party materials, are the copyrighted work of WebLOQ and are protected under United States and worldwide copyright laws and treaty provisions. You may download, view, copy and print documents (such as, white papers, press releases, product descriptions and FAQs) from WebLOQ.com subject to the following:

  1. Any such use is solely for informational, non-commercial use
  2. You may not modify or revise documents in any manner
  3. You must keep and plainly display all copyright and other proprietary notices, in the same form and manner as on the original
  4. Your use of documents specified above does not include the layout or design of WebLOQ.com or the logos, graphics, sounds or images on this web site.
  5. WebLOQ reserves the right to revoke its authorization at any time, and your use shall be discontinued immediately upon notification from WebLOQ.
  6. If you want to use the documents referenced above or any other content of WebLOQ.com in a manner that is not allowed in these Terms of Use, you must receive the consent of WebLOQ’s marketing or legal counsel in writing. To seek such consent, please contact us at loqinfo@webloq.com.

Use of WebLOQ Software
Any use of the WebLOQ software and accompanying documentation is subject to the terms of a license agreement. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved. THE WEBLOQ SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Prohibited Uses and Communications
WebLOQ prohibits any unsolicited or bulk e-mail transmission to be sent, or caused to be sent, over the Internet, to any WebLOQ e-mail address. You may not harvest or collect e-mail addresses from WebLOQ services for the purpose of sending unsolicited or bulk e-mail.

WebLOQ prohibits any e-mail transmission to be sent, or caused to be sent, to any WebLOQ e-mail address if the e-mail is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the e-mail is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability. WebLOQ prohibits any e-mail transmission to be sent, or caused to be sent, to any WebLOQ e-mail address that makes use of a forged header or deceptive addressing, or which attempts in any manner to disguise the source of the e-mail.

You may not use WebLOQ facilities, in any form or in any way that could overburden, impair, disable or damage any WebLOQ server, or the networks connected to any WebLOQ server. You may not attempt to gain unauthorized access (through hacking, brute force, password mining or any other means) to any services, accounts, computer systems, or networks connected to any WebLOQ server or to any of WebLOQ’s products or services. You may not obtain or attempt to obtain any materials or information that has not been made intentionally available by WebLOQ.

You agree that WebLOQ may, in its sole discretion and at any time, terminate your access to WebLOQ services and any account(s) you may have in connection with WebLOQ, without compensation or refund of any fees paid. By clicking the acceptance button to proceed with the installation of the WebLOQ technology you agree to all terms of this agreement, including to not use information learned from WebLOQ directly, WebLOQ's web site, or the use licensed herein to reverse engineer or design similar or intentionally competing technologies for any purpose whatsoever.

Links to WebLOQ.com

WebLOQ appreciates your interest in linking your web site to WebLOQ.com. If you link your web site to WebLOQ.com you agree to the following terms:

  • Links You may include active links on web sites you control to direct a browser to WebLOQ’s current "home page" at http://www.WebLOQ.com. However, you may not include web site links to any other page maintained on WebLOQ.com unless you have received prior written permission of an officer of WebLOQ
  • Modify/Replicate You may not alter or modify WebLOQ.com content or "cut and paste" or otherwise reproduce WebLOQ.com content on the web site that links to WebLOQ.com
  • Misrepresentation You must not misrepresent your relationship with WebLOQ or imply that WebLOQ is endorsing or sponsoring you or your web site.
  • Mislead You must not present false, misleading or defamatory information about WebLOQ, its products or services
  • Content The content on your site must be lawful and must not contain libelous, defamatory, obscene or pornographic material.
  • Risk WebLOQ makes no representations or warranties regarding the WebLOQ web site, which is provided "as is." You link to WebLOQ.com at your own risk. WebLOQ is under no obligation to maintain WebLOQ.com, provide or update WebLOQ.com content or otherwise support your link to the WebLOQ web site

Links to Other Web Sites

WebLOQ.com contains links to other web sites solely as a convenience to persons who visit WebLOQ.com. WebLOQ makes no representations about web sites linked to WebLOQ.com. The inclusion of any such link on WebLOQ.com does not imply that WebLOQ endorses, recommends or accepts any responsibility for such sites, their content, products, services or companies. In addition, WebLOQ is not responsible for the practices of those sites, even though WebLOQ’s name or logo may appear on those sites. We encourage you to read the terms of use and privacy policies of any web site that you visit, including those linked to WebLOQ.com as their terms and policies may differ from ours.

No Warranty

THIS WEB SITE, ITS CONTENTS (COLLECTIVELY, THE “WEB SITE”) PROVIDED HEREIN IS PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY LAW, WEBLOQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WEBLOQ DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEBLOQ WEB SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, WEBLOQ DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS IN OPERATION OR TRANSMISSION), EVEN IF WEBLOQ IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability

WebLOQ may change the products, services, prices, and programs mentioned on WebLOQ.com at any time without notice. Additionally, all products and services referred to on WebLOQ.com are subject to availability and qualifications. Terms, conditions, and exclusions not described on this web site may apply. WebLOQ.com can be accessed from countries around the world and may contain references to products, services and programs that have not been announced in your country. These references do not imply that WebLOQ intends to announce such products, services or programs in your country. Consult your local WebLOQ representative for information regarding the products, services and programs that may be available to you.

Jurisdictional Statement

This web site is controlled, operated and intended for use only in the United States of America. We do not represent that materials on WebLOQ.com, or products and services offered by WebLOQ, are appropriate or made available for use outside of the United States of America.

Governing Law

The laws of the state of California shall govern these Terms of Use and all matters relating to your access to, or use of, WebLOQ.com. You agree that any legal action or proceeding between WebLOQ and you for any purpose concerning these Terms of Use or WebLOQ.com shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to these Terms of Use or WebLOQ.com must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver

WebLOQ reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for violation of these Terms of Use. WebLOQ’s failure to enforce these Terms of Use in every instance in which it might have application does not amount to a waiver of WebLOQ’s rights.

Severability

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

HOSTED PRIVACY SERVICES & SERVICE LEVEL AGREEMENT

THIS HOSTED SERVICES EXHIBIT (“Exhibit”) is entered into by WebLOQ and Customer, as an attachment to the Hosted Privacy Services Agreement between WebLOQ and Customer (“Agreement”), for the provision by WebLOQ to Customer of Hosted Services, beginning as of the date that services are subscribed for, or as indicated on the signature page to the Agreement (“Effective Date”).

  1. Effect of this Exhibit. This Exhibit is an additional part of the Agreement and is incorporated in the Agreement by reference. This Exhibit does not change or supersede any term of the Agreement except to the extent a term or terms of this Exhibit is/are unambiguously contrary to the Agreement. Capitalized terms used but not defined in this Exhibit have the meanings given in the Agreement.
  2. Security Obligations. WebLOQ will use commercially reasonable efforts to maintain the following security and service standards with respect to all equipment through which the Software is made available to Customer (the “Equipment”):
  3. The Equipment will be provided with redundant power sources that permit at least eight (8) hours of backup power, a fire protection system, and adequate cooling and ventilation;
  4. WebLOQ will store and operate the Equipment in an environment equipped with 24-hour onsite security and monitoring, security alarm systems, and other reasonable measures designed to protect the security and integrity thereof; and
  5. WebLOQ will place all Equipment behind a software and/or hardware firewall, will continuously monitor and maintain such firewall, and inform Customer of any breach in security that affects the Equipment and/or any Customer Data.
  6. Availability. Subject to the terms and conditions of the Agreement, WebLOQ will use commercially reasonable efforts to make the Software available in accordance with the levels described below. WebLOQ does not warrant that Customer’s use of the Software will be error-free or uninterrupted.
  7. Service Outages. Should Customer be unable to access the Software through the Hosted Services, Customer will report the date, time and nature of the outage as soon as practical to WebLOQ through WebLOQ’s standard customer support process as described below.
  8. Scheduled Maintenance. Customer acknowledges and agrees that WebLOQ may interrupt the Hosted Services, and access to the Software, as WebLOQ deems necessary in order to maintain, repair, restructure or make adjustments to the Software or the Hosted Services. WebLOQ will use commercially reasonable efforts to provide Customer prior notice of any prolonged service interruptions.

For Paid Services:

If WebLOQ determines in its reasonable commercial judgment that Customer’s inability to access the Software was due to an outage caused solely by WebLOQ’s network equipment or software

    (a “Service Outage”), Customer will be entitled to the following remedies:

    (b) For Service Outages totaling at least one (1) but fewer than four (4) hours during a calendar month, then, upon Customer’s written request, WebLOQ will credit Customer’s account for the prorated Monthly Hosting Fee for one (1) day of service.

    (c) For Services Outages totaling at least four (4) but fewer than twelve (12) consecutive hours during any calendar month, then, upon Customer’s written request, WebLOQ will credit Customer’s account for the prorated Monthly Hosting Fee for one (1) week of service.

    (d) For Service Outages totaling at least twelve (12) but fewer than twenty-four (24) consecutive hours during any calendar month, then, upon Customer’s written request, WebLOQ will credit Customer’s account for the prorated Monthly Hosting Fee for two (2) weeks of service.

    (e) For Service Outages totaling twenty-four (24) consecutive hours or more during any calendar month, then, upon Customer’s written request, WebLOQ will credit Customer’s account for the prorated Monthly Hosting Fee for one (1) month of service.

    1. All requests for credits for Service Outages under this Exhibit must be submitted to WebLOQ within fifteen (15) days after the end of the month in which the Service Outage occurred. WebLOQ will provide the credit, if any, against Customer’s invoice for the following month. All credit requests will be filed by Customer’s administrative contact (the “Administrative Contact”), who shall be the person indicated in Exhibit A of the Agreement until changed upon written notice to WebLOQ. All credit requests must include the following information: Customer name; Administrative Contact’s name and contact information; and the provision in this Hosted Services Exhibit claimed to have not been met, including the date, time and duration of the outage. WebLOQ will acknowledge all credit requests within two (2) business days and will review all requests within ten (10) business days of receipt. Customer will be notified by e-mail whether or not a service credit will be granted. Any rejection will include an explanation of the basis for rejection.
    2. The Hosted Services shall not be deemed unavailable in the case of downtime associated with scheduled maintenance as provided in this Exhibit.
    3. The remedies set forth in this Section shall not apply if unavailability of the Service is due to: (a) Customer’s own acts, information, content or application programming; or (b) any Force Majeure Event. Credits will only be applied to the Monthly Hosting Fee. Customer’s account will not be credited more than once per month pursuant to this Section.
    4. Limitation of Liability. This Section sets forth Customer’s sole and exclusive remedies, and constitutes WebLOQ’s entire limitation of liability, for any outages, downtime or other unavailability of the Hosted Services, Customer’s inability to access the Software, or any other breach by WebLOQ under this Exhibit. WebLOQ’s liability shall be further limited as provided in the Agreement.

For Free Services

  1. For any WebLOQ services provided at no cost to customer, such as free LOQMail accounts, the company shall take all reasonable precautions and use best-practices to assure continuous levels of up-time and performance equal to paid services. However, the company has no obligation to compensate customer for down time, loss of emails or data, or other losses that customer may incur by using the free services.
  2. For free services, WebLOQ provides only online customer support, and has no obligation to provide support via email, chat, telephone or fax, or onsite, unless the customer has entered into a separate support and services agreement, or agrees in advance to paid support services. Such support services may be obtained with paid services.
  3. WebLOQ may, at its sole discretion, commence charging for services at any time, converting free services to paid services at rates and terms and under license agreements determined by the company. WebLOQ shall provide to customer adequate notice of such intention to commence charging for previously free services.