| Spytech's
Terms of Service (TOS)
This Agreement
governs the use of Realtime-Spy's web-based monitoring system, Stealth
Email - a fee-based email account, and Stealth FTP - a fee-based ftp
account (the "Services"). These services are provided by
Spytech Software and Design, Inc. In addition, you understand and
agree that these Services are provided on an AS IS and AS AVAILABLE
basis. Spytech disclaims all responsibility and liability for the
availability, timeliness, security or reliability of these Services.
Spytech also reserves the right to modify, suspend or discontinue
these Services with or without notice at any time and without any
liability to you. By agreeing to this TOS agreement you are also agreeing
to our standard Legal Policy that applies to all Spytech services and
products.
How
you can use these Services
These services are made available to you for your personal or business
use. Due to the Children's Online Privacy Protection Act of 1998 (which
is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least
thirteen (13) years of age to use these Services. You must provide current,
accurate identification, contact, and other information that may be required
as part of the registration process and/or continued use of these Services.
You are responsible for maintaining the confidentiality of your Service
password and account, and are responsible for all activities that occur
thereunder. Spytech reserves the right to refuse service to anyone at
any time without notice for any reason.
Proper Usage
You agree that you are responsible for your own communications and for
any consequences thereof. Your use of the Services are subject to your
acceptance of and compliance with this Agreement, including the Spytech
Legal Policies ("Legal Policies"), located at http://www.spytech-web.com/legal.shtml,
or such other URL as Spytech may provide from time to time. You agree
that you will use the Services in compliance with all applicable local,
state, national, and international laws, rules and regulations, including
any laws regarding the transmission of technical data exported from your
country of residence. You shall not, shall not agree to, and shall not
authorize or encourage any third party to: (i) use the Services to upload,
transmit or otherwise distribute any content that is unlawful, defamatory,
harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise
objectionable as reasonably determined by Spytech; (ii) upload, transmit
or otherwise distribute content that infringes upon another party's intellectual
property rights or other proprietary, contractual or fiduciary rights
or obligations; (iii) prevent others from using the Services; (iv) use
the Services for any fraudulent or inappropriate purpose; or (v) act in
any way that violates the Legal Policies, as may be revised from time
to time. Violation of any of the foregoing may result in immediate termination
of this Agreement, and may subject you to state and federal penalties
and other legal consequences. Spytech reserves the right, but shall have
no obligation, to investigate your use of these Services in order to determine
whether a violation of the Agreement has occurred or to comply with any
applicable law, regulation, legal process or governmental request.
Content of the Services
Spytech reserves the right to access, read, preserve, and disclose any
information as it reasonably believes is necessary to (a) satisfy any
applicable law, regulation, legal process or governmental request, (b)
enforce this Agreement, including investigation of potential violations
hereof, (c) detect, prevent, or otherwise address fraud, security or technical
issues (including, without limitation, the filtering of spam), (d) respond
to user support requests, or (e) protect the rights, property or safety
of Spytech, its users and the public. Spytech will not be responsible
or liable for the exercise or non- exercise of its rights under this Agreement.
Spytech's Intellectual Property Rights
You acknowledge that Spytech owns all right, title and interest in and
to these Services, including without limitation all intellectual property
rights (the "Spytech Rights"), and such Spytech Rights are protected
by U.S. and international intellectual property laws. Accordingly, you
agree that you will not copy, reproduce, alter, modify, or create derivative
works from these Services. You also agree that you will not use any robot,
spider, other automated device, or manual process to monitor or copy any
content from these Services. The Spytech Rights include rights to (i)
the Services developed and provided by Spytech; and (ii) all software
associated with the Services. The Spytech Rights do not include third-party
content used as part of these Services, including the content of communications
appearing on these Services.
Your
Intellectual Property Rights
Spytech does not claim any ownership in any of the content, including
any text, data, information, images, photographs, music, sound, video,
or other material, that you upload, transmit or store in your Service
account. We will not use any of your content for any purpose except to
provide you with the Services.
Representations and Warranties
You represent and warrant that (a) all of the information provided by
you to Spytech to participate in these Services is correct and current;
and (b) you have all necessary right, power and authority to enter into
this Agreement and to perform the acts required of you hereunder.
Your Privacy
As a condition to using these Services, you agree to the terms of the
Spytech Privacy Policy as it may be updated from time to time. You agree
that Spytech may monitor, edit or disclose your personal information,
including the content of your emails/logs/account data, if required to
do so in order to comply with any valid legal process or governmental
request (such as a search warrant, subpoena, statute, or court order),
or as otherwise provided in these Terms of Use and the Spytech Privacy
Policy. Personal information collected by Spytech may be stored and processed
in the United States or any other country in which Spytech Software and
Design, Inc. or its agents maintain facilities. By using this Service,
you consent to any such transfer of information outside of your country.
Account Inactivity
After a period of inactivity, Spytech reserves the right to disable or
terminate a user's account. If an account has been deactivated for inactivity,
the Service username associated with that account may be given to another
user without notice to you or such other party.
Service Termination
You may cancel your use of the Services and/or terminate this Agreement
with or without cause at any time by providing notice to Spytech at http://www.spytech-web.com/contact.shtml.
Spytech may at any time and for any reason terminate the Services, terminate
this Agreement, or suspend or terminate your account. In the event of
termination, your account will be disabled and you may not be granted
access to your account or any files or other content contained in your
account.
Indemnification
You agree to hold harmless and indemnify Spytech and its subsidiaries,
affiliates, officers, agents, and employees from and against any third
party claim arising from or in any way related to our use of these Services,
including any liability or expense arising from all claims, losses, damages
(actual and consequential), suits, judgments, litigation costs and attorneys'
fees, of every kind and nature. In such a case, Spytech will provide you
with written notice of such claim, suit or action.
Choice of Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with
the laws of the State of Minnesota without giving effect to its conflict
of laws provisions or your actual state or country of residence. Any claims,
legal proceeding or litigation arising in connection with the Services
will be brought solely in Goodhue County, Minnesota and you consent to
the jurisdiction of such courts.
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"Love
your product. Wanted you to know that I tried 6 different software packages
for my home PC and yours is absolutely the best. I have already recommended
it to 3 other people who were looking for such a product. The interface
is amazingly easy and intuitive, the data which is captured far exceeded
my expectations and is extremely easy to retrieve."
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