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Free-Internet-Downloads.com.
General Terms and Conditions
ACCEPTANCE OF TERMS OF USE
THIS AGREEMENT ("AGREEMENT") IS A LEGAL
AND BINDING AGREEMENT BETWEEN YOU ("YOU"
OR "YOUR") AND
FREE-INTERNET-DOWNLOADS.COM ("FREE-INTERNET-DOWNLOADS.COM",
"OUR," "US," "WE") REGARDING YOUR ACCESS
TO AND USE OF THE
FREE-INTERNET-DOWNLOADS.COM
WEB
SITE (THE "SITE"). PLEASE READ THIS
AGREEMENT CAREFULLY PRIOR TO PURCHASE. BY
ACCESSING THE SITE, YOU ARE CONSENTING TO
BECOME A PARTY TO THIS AGREEMENT AND
AGREEING TO BE BOUND BY THE TERMS AND
CONDITIONS AS OUTLINED IN THIS LEGAL
NOTICE.
MODIFICATION
Free-Internet-Downloads.com reserves the right to
change these terms and conditions from
time to time at its sole discretion,
without prior notice, by posting such
revised terms and conditions on the Site.
It is Your obligation to routinely review
these terms and conditions and Your
continued use of the Site following any
such change (whether or not You have
reviewed such change) constitutes Your
binding acceptance to follow and be bound
by the terms and conditions as changed.
THE SERVICE
The fee assessed by
Free-Internet-Downloads.com
entitles You to access the location,
evaluation, and or recommendation of
software products available from the web
site and for the installation and
technical support provided. All software
recommendations refer to software that is
available without charge to individuals at
large for specific purposes. The service
makes no download speed performance
guarantees or the availability of specific
files for download on the peer to peer
network.
You are responsible for obtaining and
maintaining all computer hardware,
software and communications equipment
needed to access the Service. In order to
use the Service, You must obtain access to
the Internet and pay any service fees
associated with such access.
YOUR CONDUCT
You agree not to: (a) upload, transmit,
post, email or otherwise make available to
the Site, any content or other material in
any format that: (b) is false, inaccurate,
unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar,
obscene, invasive of another's privacy,
libellous and/or otherwise objectionable;
(c) infringes any third party's
intellectual property; or (d) contains
viruses, worms, Trojan horses, corrupted
files, or any other similar software or
programs designed to interrupt, destroy or
limit the functionality of any computer
software or hardware or telecommunications
equipment. You agree that you will not
transmit or access any data that infringes
any patent, trademark, trade secret,
copyright or other proprietary rights of
any party and agree to indemnify and hold
harmless
Free-Internet-Downloads.com from their
claims if you do.
TECHNOLOGICAL AND USE LIMITATIONS
Free-Internet-Downloads.com will make reasonable
efforts to keep the Site operational.
However, certain technical difficulties or
routine site maintenance/upgrades may,
from time to time, result in temporary
service interruptions.
Free-Internet-Downloads.com
also reserves the right at any time and
from time to time to modify or
discontinue, temporarily or permanently,
functions of the Service with or without
notice. You agree that
Free-Internet-Downloads.com
shall not be liable to you or to any third
party for any of the direct or indirect
consequences of any modification,
suspension, discontinuance of or
interruption to the Service.
INTELLECTUAL
PROPERTY RIGHTS
Free-Internet-Downloads.com
makes no claim to
ownership or other control or rights to
any software recommended by the Service.
None of the fee entitles You, as a
Purchaser to any ownership, licensing
rights or recourse with regard to use of
the software other than those rights
offered by the software owners or
licensees.
SUBSCRIPTION E-MAILS
Free-Internet-Downloads.com
is a direct marketer that delivers email
messages to its subscribers. All information
voluntarily provided to Free-Internet-Downloads.com by a registrant
may be used to support our marketing
partner’s data services business. These
services include the provision of
personally identifiable data to marketing
companies, advertising agencies, data
compilers, data companies, and, to the
extent permitted by law, individual
reference, email marketers and look-up
service programs. Such information may be
used by such companies to provide users
via email with information on products and
services that may be of interest to them.
Users may unsubscribe to electronic
mailings sent by us at any time by
following the instructions contained at
the end of every
Free-Internet-Downloads.com newsletter
or mailing. Users wishing to unsubscribe
from
Free-Internet-Downloads.com messages may reply to
the message with the word 'remove' in your
email message subject line or by clicking
the "Remove yourself from future email
here" link.
COPPA
Since you may not become a member of
Free-Internet-Downloads.com's
Network if you are under the age of 18,
Free-Internet-Downloads.com
complies with the Children's Online
Privacy Protection Act of 1998.
Advertisers and Publishers are also
obligated to comply with COPPA.
If you inform
Free-Internet-Downloads.com that
Free-Internet-Downloads.com has collected or received
information from a child under 18,
Free-Internet-Downloads.com will delete such
information immediately from its
databases. No
Free-Internet-Downloads.com Web Site is
specifically directed to children under
18.
Free-Internet-Downloads.com shall not knowingly
distribute to third parties any personally
identifiable information erroneously
collected from children under 18.
PAYMENT
Your account will be
considered delinquent if your credit card
company or bank refuses for any reason to
pay the amount billed to it. You agree to
pay Free-Internet-Downloads.com all reasonable attorneys
fees and collection agency costs incurred
by Free-Internet-Downloads.com to collect any past
due amounts.
SUPPORT
Subject to the terms hereof,
Free-Internet-Downloads.com will provide you with
email support services for the Service and
associated software. Under no
circumstances will
Free-Internet-Downloads.com have
any obligation to provide you with
hard-copy documentation, upgrades,
enhancements, modifications, or phone
support.
NO UNLAWFUL OR
PROHIBITED USE
You agree not to use the
site or any of the Services for or in
connection with tampering, hacking,
modifying or otherwise corrupting the
security or functionality of the Software,
interfering or disrupting the
Free-Internet-Downloads network or other
networks connected to the Software, or
posting, e-mailing, or otherwise
transmitting any data that contains any
software viruses, trojan horses and/or other
code, files or programs intended to destroy,
disrupt or otherwise impair a computer's
functionality or the operation of the
Software.
You agree not to use the website for
spoofing or otherwise impersonating any
person or entity, such as another user or
any of our personnel, falsely stating or
otherwise misrepresenting your identity or
using the services for any fraudulent or
illegal purpose, or gathering personally
identifiable information without prior
consent.
As a condition of your use of the Services,
you will not use the Services for any
purpose that is unlawful or prohibited by
these terms, conditions, and notices. You
may not use the Services in any manner that
could damage, disable, overburden, or impair
any Free-Internet-Downloads server, or
the network(s) connected to any
Free-Internet-Downloads server or to any
of the Services, through hacking, password
mining, or any other means. You may not
obtain or attempt to obtain any materials or
information though any means not
intentionally made available through the
Services.
UNSOLICITED IDEA SUBMISSION POLICY
Free-Internet-Downloads does not accept
or consider unsolicited ideas, including for
new products or technologies. The sole
purpose of this policy is to avoid potential
misunderstandings or disputes when
Free-Internet-Download's products might
seem similar to ideas submitted to
Free-Internet-Downloads. So, please do
not send your unsolicited ideas to
Free-Internet-Downloads or anyone at
Free-Internet-Downloads. If, despite our
request that you do not send us your ideas
and material, you still send them, please
understand that Free-Internet-Downloads
makes no assurances that your ideas and
materials will be treated as confidential or
proprietary.
TERMINATION
You agree that
Free-Internet-Downloads.com,
in its
sole discretion, may terminate your ID,
password, account (or any part thereof) or
use of the Service for any reason,
including, without limitation, if
Free-Internet-Downloads.com believes that you have
violated or acted inconsistently with the
Agreement.
Free-Internet-Downloads.com may also in
its sole discretion and at any time
discontinue providing the Service, or any
part thereof, with or without notice. You
agree that any termination of your access
to the Service under any provision of this
Agreement may be effected without prior
notice, and acknowledge and agree that
Free-Internet-Downloads.com
may immediately
deactivate or delete your account and/or
bar any further access to the Service.
Termination shall not relieve you of any
obligations to pay accrued charges.
CANCELLATION
You can cancel your account anytime with
no further obligation. Use the "Contact
Us" link on the web site to cancel your
account.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND AN "AS
AVAILABLE" BASIS. WE DO NOT MAKE, AND
HEREBY DISCLAIM, ANY REPRESENTATIONS OR
WARRANTIES REGARDING THE SERVICE, THE SITE
AND THE PRODUCTS AND SERVICES OFFERED
THROUGH THE SITE OR ANY PORTION THEREOF,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING
(WITHOUT LIMITATION) IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NO INFRINGEMENT OF THIRD PARTY
RIGHTS.
LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE
LIABLE FOR INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR ANY LOSS OF
REVENUE, PROFITS OR DATA ARISING IN
CONNECTION WITH THIS AGREEMENT OR THE
SERVICE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. FURTHER,
OUR AGGREGATE LIABILITY ARISING WITH
RESPECT TO THIS AGREEMENT AND THE SERVICE
WILL NOT EXCEED THE TOTAL FEES PAID BY YOU
UNDER THIS AGREEMENT.
MISCELLANEOUS
The failure of either party to exercise in
any respect any right provided for herein
will not be deemed a waiver of any further
rights hereunder. If any provision of this
Agreement is found to be unenforceable or
invalid, that provision will be limited or
eliminated to the minimum extent necessary
so that this Agreement will otherwise
remain in full force and effect and
enforceable. In any action or proceeding
to enforce rights under this Agreement,
the prevailing party will be entitled to
recover costs and attorneys fees.
Effective Jan 10, 2005
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