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Spyware Warrior Help with Spyware, Hijacking & Other Internet Nuisances
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eburger68 SWW Distinguished Expert
Joined: 23 Jun 2004 Last Visit: 18 Nov 2008 Posts: 575 Location: Clearwater, FL
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webhelper SWW Expert

Joined: 11 Apr 2004 Last Visit: 16 Jul 2011 Posts: 1090
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Posted: Wed Aug 18, 2004 5:03 am Post subject: |
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They have also been on my list:
SJB Enterprises, Inc.
208.255.91.41 SJBCORP.COM - Marketing
205.134.161.89 NETSHAGG.COM (Installs 3rd party adware)
205.134.161.89 GOTSAILOR.COM
205.134.161.89 MYGAMECOPY.COM
205.134.161.89 MYNETCOMPANION.COM
205.134.161.89 MYNETPROTECTOR.COM
205.134.161.89 MYNETPROTECTOR.NET
205.134.161.89 MYPCDOWNLOAD.COM
205.134.161.89 NETSHAGG.COM
205.134.161.89 NETSHAGG.NET
Seems their marketing method is to install adware at times at their netshagg site and because they deal in adware and socalled security software that is all gloss and show I have them all listed and look in once in a while to see if they are up to anything new:) _________________ Wächter der Geschichten:
http://www.webhelper4u.com/thewatcher.html
Member of ASAP Since 2004 |
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webhelper SWW Expert

Joined: 11 Apr 2004 Last Visit: 16 Jul 2011 Posts: 1090
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wawadave Warrior Obsessed

Joined: 25 Jan 2004 Last Visit: 24 Jul 2009 Posts: 3448 Location: Illegitimus non carborundum
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eburger68 SWW Distinguished Expert
Joined: 23 Jun 2004 Last Visit: 18 Nov 2008 Posts: 575 Location: Clearwater, FL
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Posted: Wed Aug 18, 2004 7:44 am Post subject: |
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WebHelper:
Thanks for putting that page up. I've added it as a reference to the MyNetProtector entry on the rogues page.
Best,
Eric L. Howes |
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suzi Site Admin

Joined: 27 Jul 2003 Last Visit: 17 May 2013 Posts: 10271 Location: sunny California
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Posted: Wed Aug 18, 2004 8:45 am Post subject: |
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These folks are doing some very sleazy advertising - I found URL's using Best Buy and Target in the domain names to mislead people. Clickbank seems to attract the very worst of affiliate scum.
That may be because trekdata and the Bulletproofsoft gangs have always used clickbank.
Also click bank has their own type of software for affiliates that is made by one of the main programmers found in some of the uninstallers of rouge software. _________________ Former Microsoft MVP 2005-2009, Consumer Security
Please do not PM or Email me for personal support. Post in the Forums instead and we will all learn.  |
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Guest
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Posted: Wed Aug 18, 2004 5:45 pm Post subject: |
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SJB Enterprises, Inc. is another pile of bogus whois from those
"fine" folks at GoDaddy (read: run around with a mattress on
their backs hollering, "Curb service!").
The address is a Box N Mail, and the "corporation" is NOT licensed
to do business in Arizona anyway.
The corporation IS licensed in California:
California Corporation
SJB ENTERPRISES, INC.
Number: C2480994
Date Filed: 8/28/2002
Status: active
Jurisdiction: California
Mailing Address
6993 SANDCASTLE DR
CARLSBAD, CA 92009
Agent for Service of Process
JASON D DAY
6993 SANDCASTLE DR
CARLSBAD, CA 92009
(Interestingly, the City of Carlsbad lists the address Jason gave
above as a "High Priority Industrial Facility". Oh, God! Jason,
you wouldn't LIE, would you????)
and the San Diego County Fictitious Business DB only shows
one expired filing, which means Jason doesn't have a
license:
FBN #1991004439 Details
Primary Business Name SJB ENTERPRISES
Number of Businesses 001
Business Name SJB ENTERPRISES
Number of Owners 001
Owner BOLIN STEVEN J
Filing Date (CCyy/MM/DD) 19910305
Expiration Date(CCyy/MM/DD) 19960305
Business Conducted By Other
So....will the REAL Jason Day step forward, please? OK.....
Jason D. Day (of lionsprideenterprises.com, rankyou.com and
twistedhumor.com "fame") is the moron who brought you---in
his role as "Marketing Manager" (read: cybercrackwhore)---such
internet goodies as the "Yo Mamma, Osama" cartoon and dozens
of other malware-laced pieces of garbage.
Since all the other domains listed earlier in this thread are
registered through Domains by Proxy in Scottsdale, AZ, one
can't help but wonder if the above Jason D. Day is the same as:
AZ CASE DETAIL
Case Number: M-0751-CR-9804661
Case Category: CRIMINAL
Case Title: DAY
Court: Scottsdale Muni
Filing Date: 03/06/1998
Disposition Date: 07/13/1998
Party Name: JASON DAVID DAY
Party Type: D 1 - DEFNDT/RESPNDT
Date of Birth: 03/20/1976
Citation: C01394685
Count 1: THEFT-OBT SERVICE W/OUT PAYING
Disposition Date: 07/13/1998
Disposition: COMPL DISMISSED BY CTY ATTY
Event Date Event Description Party
7/14/1998 AUTH: RESTIT 100 00100 27105 D 1
7/13/1998 CAL: PRE-TRIAL
7/13/1998 RESTITUTION PAID IN FULL D 1
7/13/1998 CHARGE DISMISSED W/PREJUDICE D 1
7/13/1998 SENT: RESTITUTION D 1
4/29/1998 SMDP PROGRAM COMPLETED D 1
3/12/1998 STDP PROGRAM - DIVERSION D 1
3/12/1998 PRETRIAL SET FOR DIVERSION D 1
3/12/1998 CAL: ARRAIGNMENT
3/12/1998 ARRAIGNMENT HELD D 1
3/12/1998 FUND: COURT COSTS D 1
3/6/1998 COMPLAINT FILED-UNIFORM CITATN D 1
According to his own puff pieces, Jason "started" SJB Enterprises,
and is the "President, CEO and Founder". He's also obviously in
love with himself and, unlike the rest of us, truly realizes
that he is (a) the greatest mind since Nils Bohr, and (b) beat
Al Gore to the punch on inventing the internet.
Oh, Jason, sticking up a hidden .js file that runs a slimewad
.exe? Sonny-boy, I'm gonna saddle you up and ride you like a
Christmas pony! |
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suzi Site Admin

Joined: 27 Jul 2003 Last Visit: 17 May 2013 Posts: 10271 Location: sunny California
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Posted: Wed Aug 18, 2004 11:37 pm Post subject: |
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I had the pleasure of downloading and testing this piece of crapware tonight.
See details and screenshots on my blog:
http://www.netrn.net/archives2/000642.html _________________ Former Microsoft MVP 2005-2009, Consumer Security
Please do not PM or Email me for personal support. Post in the Forums instead and we will all learn.  |
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webhelper SWW Expert

Joined: 11 Apr 2004 Last Visit: 16 Jul 2011 Posts: 1090
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Posted: Thu Aug 19, 2004 8:39 am Post subject: |
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Ok, from the main website, they have a 90 trial without adware but the link (which they also may use on other sites of theirs) is a different free install and contains more adware than you can shake a stick to from the EULA that comes up before installing the stuff.
**
mynetprotector.com/antispy/software/MNPASSetup_cb02.exe
"MyNetProtector"software
**
eZula TopText iLookup
BargainBuddy (eXact Advertising)
WebHancer
StatBlaster (Wild Media, LLC)
PurityScan (Click Spring, LLC)
The At-Game(aka netpal favoriteman) has their own partners they bundle so you get them also.
**
At-Games.com (AddictiveTechnologies.net )
http://www.addictivetechnologies.com/privacypolicy-KV.asp
Partners:
http://www.enconfidence.com/privacy.asp, eUninverse
http://www.megasearchbar.com/privacy/
http://info.lycos.com/legal/sidesearch_la.asp,
http://www.incredifind.com/pp.cfm, eUniverse
http://www.404search.com/eula.html,
https://www.spywarelabs.com/BundleEULA.txt, Virtual bouncer
http://www.toprebates.com/cgi/shop.plx?pid=1150&page=eula,
http://www.abetterinternet.com, twaintech.dll transponder variant
http://www.shopathomeselect.com/TermsAndConditions.asp,
http://www.sirsearch.com/eula/eula.html. eUninverse
Consumer Software Labs They also have partners they will then install:
Partners:
http://www.delfinproject.com/pdf/eula.pdf
http://www.websearch.com/legal/terms.aspx IBIS
The following is a quote but the board software wasn't rendering the page properly with such a long quote so I removed the quote tags, Nick
EULA
PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE CHOOSING THE "YES"
OPTION BELOW. BY CHOOSING "YES", YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU
DO NOT AGREE TO THE TERMS OF THIS LICENSE, NETSHAGG DOES NOT CONSENT TO LICENSE THE SOFTWARE TO
YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE
USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS,
UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IN ADDITION, BY CHOOSING "YES", YOU ARE
AGREEING TO INSTALL A THIRD PARTY AD-SUPPORTED APPLICATION CALLED TOP TEXT ILOOKUP. IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
1. LICENSE
The "MyNetProtector"software and/or programs (the "'"MyNetProtector"' Program[s]" or "program[s]"), documentation and any fonts
accompanying this License whether on disk, in read only memory, on any other media or in any other form are licensed to you by
""MyNetProtector"." The program(s) may include added software and technology which allows "MyNetProtector"to provide advertising
content or so-called "value-added" applications which compliment or enhance the "MyNetProtector"application(s). You own the media on
which the program(s) is recorded but "MyNetProtector"retains title to the "MyNetProtector"Program(s). The "MyNetProtector"Program(s)
and any copies that this License authorizes you to make are subject to this License.
2. PERMITTED USES AND RESTRICTIONS
This License allows you to install and use the "MyNetProtector"Program(s) on your private computer. Any saved or archived
"MyNetProtector"Program(s) must include all copyright information and related License documentation contained on the original. You may
NOT decompile, reverse engineer, disassemble, modify, rent, lease, distribute, make any commercial use of or create derivative works based
upon the "MyNetProtector"Program(s) in whole or part. You acknowledge that "MyNetProtector"may, at their sole discretion and for any
purpose, provide updates, automatic or otherwise, to the "MyNetProtector"Program(s) (including but not limited to the advertising or other
value-added software and technology described in paragraph 4, below); by your use of the "MyNetProtector"Program(s) you acknowledge
your desire to receive these updates. Your rights under this License will terminate automatically without notice from
"MyNetProtector"Program(s) if you fail to comply with any term(s) of this License.
3. PERSONAL USE ONLY FOR ENTERTAINMENT PURPOSES
The entertainment portion of the "MyNetProtector"Program(s) is made available for your personal, non-commercial use only. You may not
modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the "MyNetProtector"Program(s). Use of the functional or entertainment portion of the
"MyNetProtector"Program(s) for any purpose other than personal use or entertainment is expressly forbidden.
4. ACKNOWLEDGEMENT OF ADVERTISING CONTENT AND VALUE-ADDED APPLICATIONS
You acknowledge that the "MyNetProtector"Program(s) include added software and technology which allows "MyNetProtector"to provide
advertising content directly to your computer. Additionally, you acknowledge that you wish to receive software and technology as updates at
the discretion of "MyNetProtector"for the purposes of complimenting or enhancing the "MyNetProtector"Program(s). By installing,
downloading, copying, updating or otherwise using the "MyNetProtector"Program(s), you specifically agree to include the noted software and
technology through which ""MyNetProtector"", its subsidiaries, affiliates, partners, divisions, and clients provide advertising content and/or
value-added applications to your computer. You acknowledge that you desire to receive advertising content and value added applications, if
any, from ""MyNetProtector"", its subsidiaries, affiliates, partners, divisions, and clients. You acknowledge that you desire to receive
advertising content and value-added content as a condition to using the "MyNetProtector"Program(s).
5. COMPLIANCE WITH LAWS
As a condition precedent to your use of the "MyNetProtector"Program(s), you agree to comply with all laws and regulations applicable to
your use of "MyNetProtector"Program(s) including but not limited to US and international copyright and all intellectual property laws,
obscenity, possession and distribution of child pornography, violence against racial and/or gender groups, and other prohibited pornographic
materials pursuant to federal, state and local laws. Specifically, you acknowledge that the "MyNetProtector"Program(s) is useful for personal
entertainment only. You acknowledge that images, portrayals, depictions, or other representations of public events and personalities, if any,
qualify as a "fair use" and/or "parody" under state, federal and international definitions thereof. Finally, you acknowledge that the
"MyNetProtector"Program(s) is an entertainment production and may NOT be used to:
- Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through any means;
- Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure
agreements);
- Transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and
any regulations having the force of law;
- "Stalk" or otherwise harass another; or
- Collect or store personal data about other users. You acknowledge and agree that "MyNetProtector"may preserve content and
may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of ""MyNetProtector"", its users and the public.
- Monitor network traffic or make search requests in order to accumulate information about individual users.
6. DISCLAIMER OF WARRANTIES
THE "MyNetProtector"PROGRAM(S) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. "MyNetProtector"MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
"MyNetProtector"PROGRAM(S) OR THE USE OR THE RESULTS OF THE USE OF THE"MyNetProtector"PROGRAM(S). YOU
EXPRESSLY AGREE THAT YOUR USE OF THE "MyNetProtector"PROGRAM(S) IS AT YOUR SOLE RISK.
"MyNetProtector"EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
"MyNetProtector"DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF THE SERVICES. "MyNetProtector"DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE "MyNetProtector"PROGRAM(S). "MyNetProtector"DISCLAIMS ANY WARRANTIES FOR
SERVICES OR GOODS RECEIVED THROUGH THE "MyNetProtector"PROGRAM(S) OR RECEIVED THROUGH ANY
PROVIDED BY THE "MyNetProtector"WEB SITE OR ANY USE OF THE "MyNetProtector"PROGRAM(S). "MyNetProtector"DOES
NOT WARRANT THAT THE "MyNetProtector"PROGRAM(S), THE "MyNetProtector"SERVERS, OR E-MAIL SENT FROM
"MyNetProtector"ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL "MyNetProtector"BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR NEGLIGENCE, DEFAMATION, COPYRIGHT OR ANY OTHER CLAIMS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE "MyNetProtector"PROGRAM(S) , WITH THE DELAY OR
INABILITY TO USE THE "MyNetProtector"PROGRAM(S) , THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
"MyNetProtector"PROGRAM(S) OR OTHERWISE ARISING OUT OF THE USE OF THE "MyNetProtector"PROGRAM(S),
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USER HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE "MyNetProtector"PROGRAM(S) , OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE "MyNetProtector"PROGRAM(S) .
8. COPYRIGHT
"MyNetProtector"Program(s) are the property of "MyNetProtector"and protected by United States and international copyright laws.
9. TRADEMARKS
"MyNetProtector"is a trademark of "SJB Enterprises, Inc.". You agree not to display or use such trademarks in any manner without "SJB
Enterprises, Inc."express written prior permission.
10. EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the "MyNetProtector"Program(s) except as authorized by United States law and the laws
of the jurisdiction in which the "MyNetProtector"Program(s) was obtained.
11. MISCELLANEOUS
The License constitutes the entire agreement between you and "MyNetProtector"Program(s) and governs your use of the
"MyNetProtector"Program(s), superceding any prior agreements between you and ""MyNetProtector"". You also may be subject to
additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The License and
the relationship between you and "MyNetProtector"shall be governed by the laws of the State of California without regard to its conflict of
law provisions. "MyNetProtector"may amend the License at any time by a notice on the "MyNetProtector"web site, which shall be binding
upon you. You may not revise or amend the License without the prior written authorization of an officer of ""MyNetProtector"". You hereby
irrevocably consent to the personal and exclusive jurisdiction of the courts located within the County of San Diego, State of California in all
disputes arising out of or relating to the use of the "MyNetProtector"Program(s). The failure of "MyNetProtector"to exercise or enforce any
right or provision of the License shall not constitute a waiver of such right or provision. If any provision of the License is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the License remain in full force and effect. You agree to indemnify and hold
""MyNetProtector"", its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim, demand, or damage,
including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the "MyNetProtector"Program(s).
"MyNetProtector"'s entertainment features are brought to you absolutely free because of the kind support of our great sponsors. Please read
and agree to their license agreements below and help us pay our bills. You must agree to the terms and conditions below before proceeding.
From there, enjoy this "MyNetProtector".com Presentation!
===== eZula TopText iLookup =====
This service (the "Service") and the software enabling the use thereof (the "Software") is currently provided as a free service to any User
thirteen (13) years of age or older (collectively "User" or "Users") that agrees to abide by these Terms and Conditions.
Downloading the Service means that you are at least thirteen (13) years of age and accept and agree to be bound by the Terms and
Condition and to receive the Service and the Software. From time to time eZula may update or transfer new versions of the Software or
Service, in whole or part. Your use of the updated or new versions of the Software and/or subsequent use of the Service is subject to these
Terms and Conditions. If you do not agree to abide by these terms, you may not use the Service.
EZula, Inc. is providing you a Service and a Software that, when downloaded on your computer system will notify you of offers and or
information that may be of interest to you, by adding an overlay to text of Web sites you visit or by opening new browser windows with
various offers and information. Upon the opening of any World Wide Web Page, the Software scans the Web Page, marks on top of those
pages words and/or phrases with a yellow underlines and or highlights, for which there are associated Web sites, and creates active links to
such sites. This highlighting and underlining are not part of the Web page you are on, but are overlays provided by the Service. When you
click on the marked word or phrase, you will be directed to a third party Web site, and if the marked word or phrase is part of a pre-existing
link, a pop-up display will ask you if you would like to go to the original link or to the third party Web site, or other promotions will be
presented to you. Links to the associated third party Web sites are provided by the Service are clearly marked and are not provided by the
Web site you are visiting. If you follow any link and wish to return to the site where you were, simply click the Back button.
1. General Terms and Conditions: While eZula strives to protect any personal information, you acknowledge that you are aware of security
and privacy limitations including without limitation: (i) the limitation of security, privacy and authentication measures and features in the Service;
and (ii) that data and information on the Service may be subject to eavesdropping, forgery, spamming, tampering, breaking passwords,
harassment, fraud, electronic trespassing, hacking, and system contamination, including without limitation, viruses, worms, and Trojan horses,
causing unauthorized, damaging or harmful access and/or retrieval of information or data on your computer or other security or privacy
hazards. If you do not wish to be subjected to these risks, you are advised not to use the Software or the Service.
2. License Restrictions. eZula grants to you a non-exclusive, limited license, pursuant to the terms hereof, to (a) install and use the Software
solely for the purpose of accessing the eZula Service and (b) use eZula for your personal purposes. Your license to use the Service may, at
eZula's discretion, expire when new versions of that eZula are released. eZula reserves the right to add additional features or functions to its
Service, or to add new Services to the Service, at any time, without asking your approval. When installed on your computer, eZula
communicates with its servers periodically. Additionally, eZula may require the update of its Software on your computer when a new version
of the Software is released to the general public, when new features are available and/or to add new services to the Service. This update or
new download may occur automatically or through other means.
3. Access and Registration: In order to use the Service, you must provide your own equipment to establish a connection to, and access, to
the World Wide Web. You are responsible for any fees associated with such connection or access.
4. Disclaimer of Warranties: THE SOFTWARE AND SERVICE ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED WITHOUT LIMITATION OF THE FOREGOING, EZULA SPECIFICALLY DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE OR
SERVICE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY THE SOFTWARE OR THE SERVICE, INCLUDING WITHOUT LIMITATION AS A
RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, VIRUS, OR
UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION EZULA DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF THE
SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MANIFESTING,
CONTAMINATING OR DESTRUCTIVE PROPERTIES; (2) THAT ANY INFORMATION OR OTHER CONTENT PROVIDED
BY EZULA, ITS PARTNERS OR AFFILIATES, USERS OF THE SERVICE OR ANY WEB SITE ACCESSED WHILE USING THE
SERVICE WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME
INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (3) THAT THE FUNCTIONS OR SERVICES PERFORMED BY EZULA
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE
CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE
ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER
INFORMATION OBTAINED FROM THE SERVICE, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR
INFORMATION OR SYSTEM.
5.User Conduct:
While using Service, you may not:
1. Harass, threaten, embarrass or cause distress or discomfort upon another User, or any other individual or entity.
2. restrict or inhibit any other User from using and enjoying the Service.
3. Impersonate any other person or entity, including without limitation any eZula official, or misrepresent your affiliation with any other person
or entity.
4. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service
that is protected by copyright or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining
permission of the copyright owner or right holder.
5. Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect
thereto, as the Service is copyrighted under applicable copyright laws and may be covered under one or more patents pending.
6. Upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive,
racist, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct
that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without
limitation the US export laws and regulations.
7. Translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend,
distribute, remarket, or otherwise dispose of the Service or the Software. You agree to immediately notify us of any unauthorized use of your
membership or any other breach of security known or suspected by you.
8. Post or transmit any bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes,
investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Service)
or engage in spamming or flooding.
9. Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component.
10. Use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of eZula
Service and /or Software.
6. eZula's Rights and Duties: You understand and acknowledge that eZula has no obligation to monitor any portion of the Service and/or
Software. You acknowledge and agree, however, that eZula does retain the right to monitor the Service/Software and to disclose any
information as necessary or appropriate to satisfy any law, regulation or other governmental request.
7. Links from and to the Service: The Software and Service contain features that may link you to third parties' web sites, directories, servers
or services ("Linked Services"). eZula is not responsible for the content of any such Linked Services. The offering of these features does not
imply endorsement of the Linked Services by eZula. It is your sole responsibility to comply with the appropriate terms of service of the
Linked Services. In no event shall eZula be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked
Services or the information or material accessed through these Linked Services.
8. Intellectual Property Rights: As between eZula and you, eZula is the sole owner of the Software and Service, including without limitation,
all applicable US and non-US copyrights, patents, trademarks, and trade secrets, and other intellectual property rights appurtenant thereto
Except as otherwise specifically provided in these Terms and Conditions, You may, however, print a copy of individual screens appearing as
part of the Service solely for your personal non-commercial use or records All title and intellectual property rights in and to the content of any
third party web site, which may be linked to or viewed in connection with the Service, is the property of the respective content owner and
may be protected by applicable copyright or other intellectual property laws and treaties This Agreement grants you no rights to use such
content except as allowed by such third party.
9. Unsolicited Materials: eZula does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material
from you through the Service, the website located at http://www.ezula.com ("eZula Web Site") or in any other way. Any information or
material submitted or sent to eZula will be deemed not to be confidential.
10. Limitation of Liability: IN NO EVENT WILL EZULA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
DISTRIBUTORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR
ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO
USE THE SOFTWARE, SERVICE, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER SOFTWARE OR OTHER
CONTENT INCLUDED AS PART OF THE SERVICE, EVEN IF EZULA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR
DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE
IN NO EVENT WILL EZULA'S LIABILITY WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED FIVE
HUNDRED ($500) US DOLLARS
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, eZula's liability shall be limited to the extent permitted by law.
11. Indemnification: By agreeing to use the Service, you agree to defend, indemnify and hold eZula, its affiliates, officers, directors,
distributors, and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any
way from the use of the Service, the placement or transmission of any message, information, software or other materials through the Service
or the violation of any these Terms and Conditions by you or any User authorized by you.
12. Cancellation and Termination: eZula may, at its sole discretion, terminate the Service or your use of the Service, permanently or
temporarily, at any time and without cause. You may at any time cancel your use of the Service by sending an e-mail message to
support@eZula.com requesting that we cancel your membership in the Service or by simply uninstalling it though the add/remove program.
These Terms and Conditions will continue to apply to all past use of the Service or the Software by you, even if you are no longer using it.
Users who violate the terms of these Terms and Conditions may be permanently or temporarily banned from using the Service, at eZula's sole
discretion.
13. Privacy: Your privacy is important to eZula. Any information in connection with your use of Service, will be governed by the provision of
the eZula Privacy Policy.
14.Third Party Software: During the process of downloading and or using the Software and Service, you may also be offered the possibility
to download software from third party software vendors pursuant to license agreements or other arrangements between such vendors and
yourself ("Third Party Software"). In the event you do not wish to download this THIRD PARTY SOFTWARE you should uncheck the
appropriate boxes. Please note that the THIRD PARTY SOFTWARE is subject to different license agreements or other arrangements,
which you should read carefully, compared to the Terms of Service of eZula. By downloading and using this THIRD PARTY SOFTWARE
you accept these THIRD PARTY SOFTWARE license agreements or other arrangements and acknowledge that you have read them and
understand them. eZula does not sell, resell, or license any of this THIRD PARTY SOFTWARE, and eZula disclaims to the maximum extent
permitted by applicable law, any responsibility for or liability related to the THIRD PARTY SOFTWARE. Any questions, complaints or
claims related to the THIRD PARTY SOFTWARE should be directed to the appropriate vendor. THE THIRD PARTY SOFTWARE IS
PROVIDED BY EZULA "AS IS" AND "WITH ALL FAULTS". EZULA MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THIS SOFTWARE, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL EZULA BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF EZULA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
There are inherent dangers in the use of any software available for downloading on the Internet, and eZula cautions you to make sure that you
completely understand the potential risks before downloading any of the THIRD PARTY SOFTWARE. You are solely responsible for
adequate protection and backup of the data and equipment used in connection with any of the THIRD PARTY SOFTWARE, and eZula will
not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the THIRD PARTY
SOFTWARE.
14. Miscellaneous: If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and
effect.
eZula may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a
subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer,
assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement eZula may change the Terms
and Conditions from time to time and at any time, with or without a release of a new version of the Software, without notice to you, by
posting such changes on the eZula Web Site. You agree that your continued use of the Software and/or the Service after such notice has been
posted on the eZula Web Site for the first time shall constitute your consent to the new or revised set of Terms and Conditions.
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern this Terms and Conditions Agreement
Please note that your use of the Software as well as the Service may be subject to other local, state, national, and international laws.
To the extent permitted by law, you agree not to bring, join or participate in any class action as to any claim, dispute or controversy you may
have against us or our agents, services, directors, officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or
to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs we incur in seeking such relief. This agreement
is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided
above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive other relationships.
################################################################################ ########
eZula TopText iLookup Privacy Statement
---------------------------------------
Your online privacy is very important to us. You are welcome to read the steps that we have taken to guarantee it.
What personally identifiable information does eZula collect from me? None. You don't need to provide eZula with any type of personal
information to use the application, and eZula does not collect any personally identifiable information about you.
What other information is collected when using the eZula application? Again, we don't collect any personal identifiable information. However,
in order to provide the service, the eZula application collects information about its activity, such as the keywords that the application was
activated on. When you react to the highlights then eZula will also collect a standard web log that may include more information about the
action such as IP address, time etc. eZula does not use your IP address to attempt to identify your personal information. eZula may, on
occasion, use your IP address to help diagnose problems with our server and to administer our website.
How does eZula use my information? eZula's primary goal in collecting information is to provide you, the user, with a better experience. eZula
does research on the aggregated data that it collects, and this research is compiled and analyzed on an aggregated basis only. eZula may
share NON personally identifiable aggregated data with its advertisers, business partners, investors or otherwise as required by law.
Who is collecting information? Please be aware that although eZula does NOT collect personal identifiable information, there are third-party
sites or applications, which may collect personally identifiable information about you at that same time, with no connection to eZula. Although
eZula's application may contain links to these sites, the information practices of the third-party sites or application are not covered by this
privacy statement. If you have any questions regarding the privacy policies of these third-party sites, please contact the third-party directly.
What security precautions are in place to protect the loss, misuse, or alteration of my information? Unfortunately, no data transmission over
the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, eZula cannot ensure or
warrant the security of any information you transmit to us or from our online application, and you do so at your own risk. Once we receive
your transmission, we make our best commercial effort to ensure its security on our systems.
What are cookies and how does eZula use them? A "cookie" is a small amount of data sent to your browser from a web server and stored on
your computer's hard drive. The use of cookies is an industry standard and eZula uses cookies to automate some of its services. You also
have choices with respect to cookies. You may modify your browser preferences to accept all cookies, to be notified when a cookie is set,
or to reject all cookies. If you choose to reject all cookies, you may be unable to use certain services of eZula.
We may have to make changes to our Privacy Policy and End User License Agreement from time to time. If so, we will notice you about it
either by displaying an online pop-up communication or publishing it on our web site.
===== BargainBuddy =====
ABOUT BARGAIN BUDDY
Bargain Buddy is installed on your computer and delivers relevant contextual information to you in the form of advertisements based on URLs
and/or search terms you enter when navigating the Internet.
Bargain Buddy does not obtain personal information from you. We do not transmit or collect your browsing activity and do not store any of
information that records your browsing behavior. On a daily basis, Bargain Buddy collects only aggregate statistics about the URLs and
search terms you enter. Bargain Buddy does not build up a profile for you or attempt to correlate demographic or personal information.
By downloading the Bargain Buddy, you accept the Bargain Buddy License Agreement, which gives eXact Advertising LLC permission to
display relevant contextual information. It is our strict policy to distribute Bargain Buddy only to users who have been provided the Bargain
Buddy license agreement. If you believe you have received Bargain Buddy without the license agreement being provided, please let us know
at bargainbuddy@mail.com .
Bargain Buddy protects user privacy and does not require personally identifiable information. Our privacy policy is always displayed when
users install Bargain Buddy. Below is an excerpt from the Bargain Buddy privacy policy:
If you want to uninstall Bargain Buddy, you can do so easily through the add/remove function in your control panel. You can access your
control panel by going to: (1) START (the button in the bottom right of your computer) 2) Choose SETTINGS 3) Choose CONTROL
PANEL 4) Choose ADD/REMOVE PROGRAMS 5) Select BARGAIN BUDDY 6) Click on ADD/REMOVE.
Of course we encourage you to leave it on so that you can benefit from the occasional offers that it shows you. If you need more information,
or experience any technical problems, please contact us at bargainbuddy@mail.com.
Copyright c2002 eXact Advertising LLC. All Rights Reserved.
LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING
BARGAIN BUDDY (THE "SOFTWARE") PROVIDED BY EXACT ADVERTISING LLC USE OF THE SOFTWARE IS SUBJECT
TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT (THE "LICENSE AGREEMENT"). BY
INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH
HEREIN. EXACT ADVERTISING LLC RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AT ANY TIME.
The Software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no
other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the software or documentation; (b)
decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software; or, without limitation, redistribute,
sublicense, or otherwise transfer rights to the software.
Bargain Buddy is not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor
below the age of 13.
Disclaimer of Warranty
You expressly agree that the use of this software is at your own risk. The software is provided on an "As Is" basis, without warranty of any
kind, including without limitation the warranties that it is free of defects and errors, fit for a particular purpose, or non-infringing. eXact
Advertising LLC reserves the right to periodically update and/or upgrade the software at the company's discretion. Your installation of the
software indicates your acceptance of potential future updates and/or upgrades to the software. The information and services provided by the
software and/or eXact Advertising LLC are similarly provided on an "As Is" basis, without warranty of any kind. The accuracy and reliability
of any information content or services provided by the software and or eXact Advertising LLC should be independently verified by you as the
user prior to making purchase decisions and or any other decisions based on such information content and services.
Privacy
By downloading Bargain Buddy you give permission to eXact Advertising LLC to display relevant contextual information and offers. In order
to provide Bargain Buddy users with such information, Bargain Buddy delivers content based on the URL visited by the user and/or search
terms entered by the user into a search engine and/or content on the web page being viewed by the user. Bargain Buddy does NOT assemble
personally identifiable profiles of Bargain Buddy users and personally identifiable information is not required in order to use the Bargain Buddy
software. eXact Advertising LLC may update it's privacy policy and license agreement for Bargain Buddy at any time at the discretion of the
company.
Limitation of Liability
To the maximum extent permitted by law, in no event will eXact Advertising LLC or its agents be liable for any damages arising from the use
of or inability to use the software, including, without limitation, damages to users' systems and/or software and/or data, computer failure or
malfunction, computer virus transmission, performance delays or communication failures, security breaches or any and all other damages or
losses.
===== WebHancer =====
Terms and Conditions of Installing the webHancer Customer Companion (the "Software").
IMPORTANT NOTICE:
THIS SOFTWARE RELAYS YOUR WEB SURFING PERFORMANCE METRICS TO WEBHANCER CORP. TO GENERATE
PERFORMANCE REPORTS FOR THIRD PARTIES. AS SUCH, YOUR INTERNET CONNECTION WILL BE USED
PERIODICALLY TO SEND AND RECEIVE DATA.
WE RESPECT OUR CUSTOMERS PRIVACY. TO VIEW WEBHANCER'S PRIVACY POLICY, GO TO:
http://www.webhancer.com/privacy.
THIS SOFTWARE SUPPORTS WINDOWS 98/2000/ME/XP and WINDOWS NT 4.0 Service Pack 4 and higher (EXCLUDING
WINDOWS TERMINAL SERVER AND WINDOWS 2000 WITH TERMINAL SERVICES ENABLED).
THIS IS A LICENSE, NOT A SALE. THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL CONTRACT
BETWEEN YOU AND WEBHANCER CORP. ("WEBHANCER") FOR THE CUSTOMER COMPANION SOFTWARE (THE
'SOFTWARE'). THIS SOFTWARE WILL MAKE USE OF YOUR INTERNET CONNECTION. YOU ARE SOLELY
RESPONSIBLE FOR ANY AND ALL NETWORK USAGE COSTS OR ANY OTHER COSTS ASSOCIATED WITH YOUR USE
OF THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, UNINSTALL, AND DO NOT USE THE SOFTWARE.
WEBHANCER grants to you a non-exclusive, non-transferable and restricted license to use the Software on a single computer for your
internal use, subject to the terms and conditions of this Agreement. You may make and distribute unlimited copies of the Software, excluding
copies for commercial distribution, as long as each copy that you distribute is distributed subject to this Agreement, and you reproduce in full
all copyright and other proprietary notices pertaining to the Software that appear in the Software.
This Agreement shall remain in effect for as long as you are in compliance with its terms and conditions. This Agreement shall immediately
terminate if you fail to comply with any of its provisions. The limitations of liabilities and warranties will survive any termination of this
Agreement and will remain in full force and effect even after termination. Should WEBHANCER release any updates, upgrades or new
versions of the Software or supplemental code or supporting materials for the Software ("Additional Software Releases"), all such Additional
Software Releases shall be considered part of the Software and subject to the terms and conditions of this Agreement and any additional
terms and conditions that accompany the Additional Software Releases. In consideration of the foregoing license from WEBHANCER to
you, you grant to WEBHANCER the perpetual, unrestricted right to record and use your web surfing performance metrics, in whole or in
part, in any form or format.
THE SOFTWARE IS PROVIDED TO YOU "AS IS". YOU ARE SOLELY RESPONSIBLE FOR THE ADEQUATE PROTECTION
AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE. WEBHANCER MAKES
NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF
TRADE, COURSE OF DEALING OR OTHERWISE. WEBHANCER DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE SOFTWARE.
NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER
COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM
AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED FORTY
DOLLARS CANADIAN ($40.00 CDN). THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE
ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL
BREACH. The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain
between you and WEBHANCER. You acknowledge and agree that WEBHANCER would not be able to provide the Software free of
charge without such limitations. In jurisdictions which do not allow the exclusion or limitation of consequential, incidental or special damages,
WEBHANCER's liability for such damages shall be limited to the maximum extent permitted by applicable law.
The Software, including all copies, and all copyrights and all other rights, title and interest subsisting in or related to the Software, and all data
collected there from, shall at all times remain the property of WEBHANCER or its licensors. You must reproduce any copyright or other
proprietary notices on the Software in their entirety in all copies of the Software. WEBHANCER and its licensors reserve all rights not
expressly granted to you. You shall not translate, reverse engineer, decompile or disassemble the Software or any part of the Software,
except to the extent this restriction is not permitted by the laws of your jurisdiction; or modify or adapt or create derivative works based on
the Software or any part of the Software or merge the Software or any part of the Software with any other software program.
Notice to U.S. Government end users. If this product is acquired under the terms of a: GSA contract-Use, reproduction or disclosure is
subject to the restrictions set forth in the applicable ADP Schedule contract; U.S. DoD contract- Use, duplication or disclosure by the
Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract- Use, reproduction,
or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. Unpublished-rights
reserved under the copyright laws of the United States. WebHancer Corp. 2255 Carling Avenue, 3rd Floor Ottawa, Ontario Canada K2B
7E9.
This Agreement is the entire agreement between WEBHANCER and you and supercedes all other agreements, discussions and negotiations,
whether oral or written. This Agreement cannot be modified or amended except by a written agreement signed by an authorized officer of
WEBHANCER. This shall be governed by the laws of the Province of Ontario, Canada, excluding conflicts of law and choice of law
principles and the United Nations Convention on Contracts for the International Sale of Goods, and any legislation implementing such
Convention. You consent and attorn to the exclusive jurisdiction of Ontario courts and waive trial by jury, except to the extent a waiver of a
jury trial is not permitted by applicable law. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision
shall be deemed severed and the remainder of the Agreement shall continue in full force and effect. You agree to comply with all applicable
laws including export restrictions as they relate to this Agreement and your use of the Software. The parties have requested that this
Agreement and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous
autres documents envisagés par les présentes soient rédigés en anglais.
===StatBlaster===
Welcome to STATBLASTER ("STATBLASTER"), a product of Wild Media, LLC ("Wild Media, LLC"). Wild Media, LLC includes
StatBlaster.com, StatBlaster, STATBLASTER and other sites affiliated with Wild Media, LLC (each a "Site"). PLEASE SCROLL
DOWN AND READ THE TERMS OF SERVICE "AGREEMENT" CAREFULLY BEFORE USING STATBLASTER. By using the
STATBLASTER, you signify your agreement to these terms of use and are of legal age to enter this agreement. If you do not agree to these
terms of use, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms
at any time. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these
terms will mean you accept those changes.
1. Definitions- STATBLASTER ("STATBLASTER") is a premium on-line membership based service. "Member" is defined as a person
who accesses STATBLASTER Site. Each Member will have an account ("Account") for access to and use of STATBLASTER.
2. General- (A) This Agreement, which incorporates by reference other provisions applicable to use of STATBLASTER governing the use
of certain specific material contained in STATBLASTER, sets forth the terms and conditions that apply to use of STATBLASTER by
Member. By subscribing to the STATBLASTER program, Member agrees to comply with all of the terms and conditions hereof. The right
to use STATBLASTER is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of
Member's Account (under any screen name/username or password) and for ensuring that all use of Member's Account complies fully with
the provisions of this Agreement. Only one individual may access STATBLASTER using the assigned same screen name/username or
password, unless we agree otherwise. Member shall be responsible for protecting the confidentiality of Member's password(s), if any. (B)
STATBLASTER shall have the right at any time to change or discontinue any aspect or feature of STATBLASTER program, including, but
not limited to, content, availability, and equipment needed for access or use.
3. Changed Terms- STATBLASTER shall have the right at any time to change or modify the terms and conditions applicable to Member's
use of STATBLASTER, or any part thereof, or to impose new conditions, including, but not limited to, changing fees and charges for use.
Such changes, modifications, additions or deletions shall be effective 30 days after notice thereof, which may be given by means including,
but not limited to, posting on STATBLASTER (including within this Agreement), or by electronic or conventional mail, or by any other
means by which Member obtains notice thereof. Any use of STATBLASTER by Member after such notice shall be deemed to constitute
acceptance by Member of such changes, modifications or additions.
4. Equipment- Member shall be responsible for obtaining and maintaining all equipment, including but not limited to, all telephone, computer
hardware and software, and other any equipment needed for access to and use of STATBLASTER and all charges related thereto.
5. Disclaimer of Warranty; Limitation of Liability
(A) MEMBER EXPRESSLY AGREES THAT USE OF STATBLASTER IS AT MEMBER'S SOLE RISK. NEITHER
STATBLASTER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT STATBLASTER WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF STATBLASTER, OR AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH STATBLASTER.
(B) STATBLASTER IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY
ACKNOWLEDGES THAT STATBLASTER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH MEMBER.
(D) IN NO EVENT WILL STATBLASTER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING STATBLASTER OR THE STATBLASTER SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE STATBLASTER. MEMBER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON STATBLASTER.
(E) MEMBER'S SOLE REMEDY IN CASE OF DISPUTE IS MEMBERSHIP FEES PAID.
6. Indemnification- Member agrees to defend, indemnify and hold harmless all STATBLASTER, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of the use of
STATBLASTER by Member or Member's Account.
7. Billing- STATBLASTER Members will be billed on a monthly cycle unless otherwise noted and agreed upon. A Member's credit card
will be billed once for the stated monthly rate upon initial registration and then, if applicable, will be billed once every monthly anniversary
dates for the length of the membership. The renewal charge shall be equal to the original customer signup price, unless otherwise notified in
advance by STATBLASTER. Member's right to use the Service is subject to any limits established by STATBLASTER or by Member's
credit card issuer. If payment cannot be charged to Customer's credit card or Member's charge is returned for any reason, including
chargeback, STATBLASTER reserves the right to either suspend or terminate Member's access and account, thereby terminating this
Agreement and all obligations of SANBOXPLUS hereunder. Member of STATBLASTER is not, however, relieved of debt owed to
STATBLASTER.
STATBLASTER Members acknowledge that membership is not a requirement to participate in any game or contest. Non-members may
obtain details on how to participate in each individual game and contest by reading the instructions in the individual contest or game rules.
STATBLASTER takes the issue of your privacy seriously. We do not share your credit card information with anyone else. To protect the
security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your
credit card number when we store your order and whenever we transfer that information to participating merchants. StatBlaster Member
accounts can be transferred to another entity in the event of a merger or acquisition of the Company.
8. Cancellation/Refund Policy- All cancellations must be initiated at www.StatBlaster.com. There are no prorated refunds for any reason
including, but not limited to, cancellations within a billing cycle. Refunds will be given in full for valid items only as deemed by Company,
including but not limited to, billing errors, registration errors, or duplicate payments. Anyone requesting a refund under 100% Money-Back
Guarantee program should submit an email to billing@StatBlaster.com and note their STATBLASTER username and reasons for
cancellation to be approved for the refund. All refunds approved by Company and due members will be paid in full within 5 days of refund
approval and distributed to a PayPal account designated by the canceling member. Without limiting the foregoing, STATBLASTER shall
also have the right to immediately terminate Member's Account in the event of any conduct by Member which STATBLASTER, in its sole
discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. This notice is located within the
"Terms" footer on each page of Site.
9. Disputes- Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with StatBlaster shall be
resolved individually, without resort to any form of class action, and exclusively by arbitration under the Commercial Arbitration Rules
(January, 1999) of the American Arbitration Association in Washington, D.C; (2) The participant acknowledge that the Company is an
Incorporated Company and the management, directors and officers of the Company are acting on behalf of the Company, and any and all
legal action related to this agreement must be brought against the company and not an officer, manager or director of the company (3) any
and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including membership fees but in no event
attorneys' fees; and (4) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim
punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all
rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Entire Agreement- This Agreement and our Legal Disclaimer and any operating and game rules for STATBLASTER established by Wild
Media, LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the
Commonwealth of Massachusetts, without regard to its conflict of laws rules. 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.
Please read our full terms of agreement on our website. StatBlaster does not report information about you. Thank you for downloading and
trying StatBlaster!
===PurityScan===
Terms/EULA
This agreement will have two sections ("Section 1", and "Section 2"). Both sections must be read, agreed to, and adhered by a user of
PurityScan. Section 1:
By installing PurityScan you understand and agree that PurityScan will make the following changes to your Internet Browser:
Several PROMOTIONAL CONSOLES (daughter console/interstitial) may be launched for the duration of time you spend online. These
consoles may continue to be launched as long as you have PurityScan installed on your machine. PurityScan does not monitor the activities or
collect information from users once they have left PurityScan
By downloading PurityScan, you understand that these changes cannot be reversed without running the removal executable of PurityScan. If
you try to change the items above manually, your changes will be lost when you reboot or turn off your computer.
LIMITED LIABILITY:
The Licensor shall not be liable for, and disclaims any responsibility for, any third party claims arising from or in connection with your use of
"PurityScan".
NO WARRANTY:
Licensor makes no warranty regarding "PurityScan" (including implied warranties of merchantability or fitness for a particular purpose), nor
does Licensor warrant that PurityScan is free of defects or non-infringing.
SOFTWARE LICENSE:
Installing PurityScan grants you a limited license to use the software program. You may not distribute the software in any manner, other than
described above. YOU MAY NOT COPY THE SOFTWARE OR SUBJECT IT TO REVERSE ENGINEERING. YOU ARE
PROHIBITED FROM USING THE SOFTWARE IN ANY MANNER OTHER THAN AS DESCRIBED ABOVE.
PLEASE GO TO http://www.purityscan/terms.html AND PRINT THESE TERMS FOR FUTURE REFERENCE. Bookmark this page and
check back frequently to learn about any modifications to our Terms and Conditions and Privacy Policy.
PRIVACY POLICY
Click Spring, LLC (PurityScan) has created this privacy statement in order to outline our online information practices. The following fully
discloses what kind of information we collect from our visitors, and how we use that information at PurityScan
INFORMATION COLLECTION:
Our site's registration form requires users to give contact and demographic information such as name, e-mail address, age, gender, zip code
and country of residence. We may use customer contact information from the registration form to send the user information about our
company and promotional material from some of our partners. The customer's contact information may also be used to contact the visitor
when necessary and shared with other companies who may want to contact our visitors. Demographic and profile information may also be
used to tailor the visitor's experience at our site, showing them content that we think might interest them. We may disclose information you
enter during the join process to third parties.
CONTACTING THE WEBSITE:
If you have any questions about this privacy policy, the practices of this site, or your dealings with this Web site, you can contact:
info@purityscan.com
Section 2:
1. Service to be provided by PurityScan and/or PuritySweep. PurityScan will provide an application that lets users find objectionable material
on their hard drive. PuritySweep will provide an application that cleans out files from a user's hard drive, some of whose content may prove
to be objectionable by nature.
2. Customer Conduct/Responsibilities.
2.1 Customer understands that all information whether publicly posted or privately transmitted over the Internet is the sole responsibility of the
person from which such information comes. You, the customer, must take total responsibility for all material acquired through the site.
PurityScan and PuritySweep cannot and does not guarantee the quality, integrity, or accuracy of such information.
2.2 Customer shall not use either PurityScan or PuritySweep's site to assist in transmitting or otherwise making available material that is:
Illegal or unlawful under federal, state or local laws or regulations;
Abusive, threatening, or harassing;
Obscene, defamatory, libelous, or otherwise invasive of another's privacy;
Hateful, or racial or ethically objectionable;
Harmful to minors;
Unsolicited advertising or promotional materials, including e-mail, spam, pyramid schemes, chain letters, and the like;
Designed or intended to interrupt, or destroy, or limit the functionality of any computer software, hardware, or telecommunication's
equipment; or
An unlawful use or infringement of intellectual property rights of any third party.
2.3 Customer shall not collect or maintain personally identifiable data about other us _________________ Wächter der Geschichten:
http://www.webhelper4u.com/thewatcher.html
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Joined: 27 Jul 2003 Last Visit: 17 May 2013 Posts: 10271 Location: sunny California
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Posted: Fri Aug 20, 2004 9:51 am Post subject: It's in the news |
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DSLReports.com has picked up this story on their news page:
http://www.dslreports.com/shownews/52378 _________________ Former Microsoft MVP 2005-2009, Consumer Security
Please do not PM or Email me for personal support. Post in the Forums instead and we will all learn.  |
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