Terms of Use

Your use of Ivacy.com or any of the products or services offered on this site (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our site. Your use of our Services constitutes your binding acceptance of these Terms, including any modifications that we make. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend, or terminate your access to our Services;
2. Change, suspend, or discontinue our Services;
3. Refuse, move, or remove any content that is available on our site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Services.

You agree that we will not be liable to you or any third party for taking any of these actions.

Acceptable use of our Services

You agree that you will not use our Services to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
5. Download or upload any file that you know or reasonably should know cannot be legally obtained or transmitted in such manner;
6. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
7. Collect or store personal information about other end users;
8. Interfere with or disrupt our site, servers, or networks;
9. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
10. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
11. Engage in any illegal activities.

Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those automated means that we have approved in advance and in writing.

Use of our Services is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our site.

Indemnification

You hereby agree to indemnify, defend and hold Ivacy.com and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Ivacy.com Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Ivacy.com Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

1. Your use of our Services;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. Your connection to our site;
4. Your violation of these Terms; or
5. Your violation of the rights of any other person or entity.

Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using our Services. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. OUR SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN USING OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED BY THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES. NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with UK law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the UK courts.

Miscellaneous

We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our site or delivering them to you through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms constitute the entire agreement between you and Ivacy.com and govern your use of our Services, superceding any prior agreements that you may have with us.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.