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.
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.
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.
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.
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