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:
- Any such use
is solely for informational, non-commercial use
- You may not modify or
revise documents in any manner
- You must keep and plainly display all copyright
and other proprietary notices, in the same form and manner as on the original
- 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.
- WebLOQ reserves the right to revoke its authorization at any time, and
your use shall be discontinued immediately upon notification from WebLOQ.
- 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”).
- 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.
- 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”):
- 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;
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- The Hosted Services shall
not be deemed unavailable in the case of downtime associated with scheduled
maintenance as provided in this Exhibit.
- 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.
- 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
- 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.
- 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.
- 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.