Adorons Anonymous Surfing Website Terms of Use and Notices

Updated: October 2004

1. THIS IS AN AGREEMENT BETWEEN YOU AND Adorons Anonymous Surfing

This is an agreement ("Agreement") between you and Enigma Software Group, Inc. ("Adorons Anonymous Surfing"). This Agreement governs your use of any Web site or Web page operated by Adorons Anonymous Surfing (each, an "Adorons Anonymous Surfing Web Site," and collectively, the "Adorons Anonymous Surfing 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.
Adorons Anonymous Surfing OFFERS THE Adorons Anonymous Surfing WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE Adorons Anonymous Surfing WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW Adorons Anonymous Surfing MAY MODIFY THIS AGREEMENT

Adorons Anonymous Surfing reserves the right to change the terms, conditions, and notices under which it offers the Adorons Anonymous Surfing Web Sites, including any charges associated with the use of the Adorons Anonymous Surfing Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Adorons Anonymous Surfing Web Site. Your continued use of the Adorons Anonymous Surfing Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any Adorons Anonymous Surfing Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Adorons Anonymous Surfing 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 an Adorons Anonymous Surfing Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE Adorons Anonymous Surfing WEB SITES

The Adorons Anonymous Surfing Web Sites are only for your personal use. You will not use the Adorons Anonymous Surfing Web Sites for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements. You will not use the Adorons Anonymous Surfing Web Sites in any way that is unlawful, criminal, or harms Adorons Anonymous Surfing, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "Adorons Anonymous Surfing Party" and collectively, the "Adorons Anonymous Surfing Parties") or any customer of an Adorons Anonymous Surfing Party, as determined in Adorons Anonymous Surfing's sole discretion or any other person. You will not use the Adorons Anonymous Surfing services to harass or threaten any other party. You will not use the Adorons Anonymous Surfing Services to crash, slow, or intentionally harm any computer system. You may not use the Adorons Anonymous Surfing Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Adorons Anonymous Surfing Web Sites. You will not use the Adorons Anonymous Surfing Services to obtain unauthorized access to any computer system. Without limiting the generality of this section, you may not use the Adorons Anonymous Surfing Web Sites in any manner that could damage, disable, overburden, or impair any computer system or Adorons Anonymous Surfing Web Site (or the network(s) connected to any Adorons Anonymous Surfing Web Site) or interfere with any other party's use and enjoyment of the Adorons Anonymous Surfing Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the Adorons Anonymous Surfing Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Adorons Anonymous Surfing Web Sites in any way that violates the Adorons Anonymous Surfing 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. Adorons Anonymous Surfing 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 Adorons Anonymous Surfing Web Sites 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 Adorons Anonymous Surfing 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, Adorons Anonymous Surfing may monitor your use of the Adorons Anonymous Surfing 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 Adorons Anonymous Surfing Parties or any customer of a Adorons Anonymous Surfing Party.

7. SOFTWARE

Your use of any software or services associated with the Adorons Anonymous Surfing Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. Adorons Anonymous Surfing reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Adorons Anonymous Surfing or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Adorons Anonymous Surfing may automatically check your version of such software and may prompt you to download upgrades to such software to your computer to update, enhance and further develop the Adorons Anonymous Surfing Web Sites.

8. AUTOMATED AND HIGH SPEED REQUETS

You will not access the Adorons Anonymous Surfing Web Sites using any automated system or using repeated high speed requests.

9. Adorons Anonymous Surfing MAKES NO WARRANTY

Adorons Anonymous Surfing PROVIDES THE Adorons Anonymous Surfing WEB SITES "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 Adorons Anonymous Surfing PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Adorons Anonymous Surfing 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 Adorons Anonymous Surfing WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY Adorons Anonymous Surfing 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 Adorons Anonymous Surfing WEB SITES, EVEN IF SUCH Adorons Anonymous Surfing 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 Adorons Anonymous Surfing WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Adorons Anonymous Surfing PARTY WITH RESPECT TO THIS AGREEMENT OR THE Adorons Anonymous Surfing WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Adorons Anonymous Surfing WEB SITES.

11. CHANGES TO THE Adorons Anonymous Surfing WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE Adorons Anonymous Surfing PARTIES MAY CHANGE THE Adorons Anonymous Surfing WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Adorons Anonymous Surfing Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Adorons Anonymous Surfing and persons other than Adorons Anonymous Surfing (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 Adorons Anonymous Surfing 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 Adorons Anonymous Surfing IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE Adorons Anonymous Surfing WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE Adorons Anonymous Surfing WEB SITES 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 Adorons Anonymous Surfing WEB SITES 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 ANINYMIZER OR THIRD PARTIES THOUGH LINKS CONTAINED ON THE Adorons Anonymous Surfing 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.

12. TERMINATION; ACCESS RESTRICTION

Adorons Anonymous Surfing may terminate this Agreement, or terminate or suspend your access to the Adorons Anonymous Surfing Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Adorons Anonymous Surfing Web Sites will immediately cease.

13. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of New York. The respective courts of New York City, New York shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

14. 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. Adorons Anonymous Surfing 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 Adorons Anonymous Surfing Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Adorons Anonymous Surfing with respect to the Adorons Anonymous Surfing Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Adorons Anonymous Surfing with respect to the Adorons Anonymous Surfing Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND Adorons Anonymous Surfing AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Adorons Anonymous Surfing WEB SITES MUST COMMENCE WITHIN NINETY (90) DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the Adorons Anonymous Surfing Web Sites are Copyright © 2005 Enigma Software Group, Inc. and/or its suppliers. All rights reserved. “Adorons Anonymous Surfing” and/or other Adorons Anonymous Surfing products and services referenced herein may also be either trademarks or registered trademarks of Adorons Anonymous Surfing 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.

EXPORT CONRTOLS

The Adorons Anonymous Surfing products and services may be subject to United States export controls. Access to Adorons Anonymous Surfing services is prohibited from any country to which the United States has embargoed goods ( Syria, Sudan, North Korea, Afghanistan, Cuba, Iran, Iraq, and Libya) and from any organization named on the United State's Commerce Department's "Denied Parties List." In using the Adorons Anonymous Surfing services, you are tacitly consenting to abide by all applicable US export laws and regulations. You are also confirming that you are not under the control of or residing in any country named under US export law. For more complete information on export laws, please refer to the US Commerce Department Bureau of Export Administration at (202) 482-2440, or (202) 482-4811.

DISALLOWED USES OF Adorons Anonymous Surfing SERVICES

By using the Adorons Anonymous Surfing 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.
Adorons Anonymous Surfing 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:
harass, threaten, or abuse others.
invade the privacy of others.
infringe the copyright and/or intellectual properties of others.
impersonate another person or entity.
spam the Internet.
do anything illegal.
The Services are provided "as is". There is no warranty, expresses or implied, of anykind. Adorons Anonymous Surfing 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 Adorons Anonymous Surfing Anti-Spam Policy.
Adorons Anonymous Surfing reserves the right to take whatever actions Adorons Anonymous Surfing deems appropriate to enforce Adorons Anonymous Surfing’s policies including, but not limited to Terms of Use and Notices. Adorons Anonymous Surfing also reserves the right to change Adorons Anonymous Surfing policies without prior notice at any time. The actions Adorons Anonymous Surfing takes may include suspension or termination of the Service for the customer. Adorons Anonymous Surfing does not issue credits for accounts cancelled due to policy violations. Adorons Anonymous Surfing reserves the right to refuse service to anyone at anytime for any reason.

ACCOUNT INFORMATION

Passwords – Adorons Anonymous Surfing 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 username and password in a secure place for future reference.

Refunds – Services purchased from Enigma Software Group are NOT refundable; however, Enigma Software Group Inc. reserves the right to award refunds to a customer on a per case basis. Under no circumstances will a refund be awarded that exceeds the purchase price of the product. Before contacting us for a refund, please contact our customer support department to try and solve the problem that you have. You may contact us by opening up a customer support ticket on the following webpage: http://anon.adorons.com/support/

In order to qualify for a refund, you must provide your correct e-mail address and/or mailing address to Enigma Software Group Inc. Enigma Software Group Inc. will not be liable for any claims of non-receipt of merchandise, and/or non-receipt of a "Refund Claim Form" that was a result of an incorrect email address and/or mailing address provided by you to Enigma Software Group Inc. The customer is responsible for providing a correct/working e-mail address.

Fraudulent Credit Card Charges or Fraudulent Claims - All requests to negate charges are investigated by our technical department and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.

THERE ARE ABSOLUTELY NO CANCELLATIONS OF ONLINE ORDERS THAT HAVE BEEN PROGRAMMED FOR IMMEDIATE DOWNLOAD ACCESS. NOR WILL WE ACCEPT CLAIMS OF MISSING THE IMMEDIATE ONLINE LINKS THAT WERE PROVIDED TO YOU TO DOWNLOAD YOUR ORDER. THERE ARE NO EXCEPTIONS TO THIS CANCELLATION POLICY.

Enigma Software Group Inc. reserves the right to modify this Refund Policy at its sole discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on Enigma Software Group Inc. Web sites. You agree to periodically review our Web sites, including the current version of our Refund Policy. Our refund policy is made available on our Web sites. It is your obligation to review our refund policy for any such revisions.

If you have any questions regarding this Agreement or if you wish to request any information from Enigma Software Group Inc. please use the address and contact information included with this product to contact the Enigma Software Group Inc.

Renewals – When you purchase Adorons Anonymous Surfing services, your account will configured for automatic billing. If you choose not to utilize our automatic billing option, you can change this option only by sending an e-mail to Technical Support from the webpage http://anon.adorons.com. We will not bill you for continued service when your account expires and it will be your responsibility to renew your account if you desire continued service. If you remain on automatic billing, your account will automatically renew at the end of your subscription and your credit card will be billed accordingly.

FOR INFORMATION REGARDING THE Adorons Anonymous Surfing PRIVACY STATEMENT CLICK HERE.

   

Copyright 2004. Enigma Software Group, Inc.  All Rights Reserved.
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