Welcome to ThreatSTOP!
1. Your relationship with ThreatSTOP
1.1 Your use of ThreatSTOP's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by ThreatSTOP under a separate written agreement) is subject to the terms of a legal agreement between you and ThreatSTOP. "ThreatSTOP" means ThreatSTOP Inc., whose principal place of business is at 1743 Blue Water Lane, San Marcos, CA 92078, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with ThreatSTOP, your agreement with ThreatSTOP will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with ThreatSTOP will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and ThreatSTOP in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by ThreatSTOP in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that ThreatSTOP will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ThreatSTOP, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where ThreatSTOP has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with ThreatSTOP.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by ThreatSTOP
4.1 ThreatSTOP has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of ThreatSTOP itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 ThreatSTOP is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ThreatSTOP provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that ThreatSTOP may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ThreatSTOP's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ThreatSTOP when you stop using the Services.
4.4 You acknowledge and agree that if ThreatSTOP disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while ThreatSTOP may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ThreatSTOP at any time, at ThreatSTOP's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to ThreatSTOP will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ThreatSTOP, unless you have been specifically allowed to do so in a separate agreement with ThreatSTOP. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with ThreatSTOP, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that ThreatSTOP has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ThreatSTOP may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to ThreatSTOP for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify ThreatSTOP immediately via e-mail at or phone at +1-760-540-1550.
7. Privacy and your personal information
7.1 For information about ThreatSTOP's data protection practices, please read ThreatSTOP's privacy policy at http://www.ThreatSTOP.com/privacy.html. This policy explains how ThreatSTOP treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with ThreatSTOP's privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to ThreatSTOP (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by ThreatSTOP or by the owners of that Content, in a separate agreement.
8.3 ThreatSTOP reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You agree that you are solely responsible for (and that ThreatSTOP has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which ThreatSTOP may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that ThreatSTOP (or ThreatSTOP's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ThreatSTOP and that you shall not disclose such information without ThreatSTOP's prior written consent.
9.2 Unless you have agreed otherwise in writing with ThreatSTOP, nothing in the Terms gives you a right to use any of ThreatSTOP's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with ThreatSTOP, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and ThreatSTOP's brand feature use guidelines as updated from time to time.
9.4 Other than the limited license set forth in Section 11, ThreatSTOP acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with ThreatSTOP, you agree that you are responsible for protecting and enforcing those rights and that ThreatSTOP has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by ThreatSTOP, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from ThreatSTOP
10.1 ThreatSTOP gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ThreatSTOP as part of the Services as provided to you by ThreatSTOP (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ThreatSTOP, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ThreatSTOP, in writing.
10.3 Unless ThreatSTOP has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give ThreatSTOP a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling ThreatSTOP to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for ThreatSTOP to make such Content available to other companies, organizations or individuals with whom ThreatSTOP has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that ThreatSTOP, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit ThreatSTOP to take these actions.
11.4 ThreatSTOP encourages you to send to us your questions, comments or any feedback regarding the Services. You agree that ThreatSTOP shall have the right to use, without attribution or compensation to you, all feedback we receive from you, in any form, to improve or modify the Services or otherwise
11.5 You will not assert, nor permit, assist or support a third party to assert, against ThreatSTOP or any of ThreatSTOP's subsidiaries or affiliated companies, any claim based on intellectual property or proprietary rights related to the Services. You agree that this covenant shall be binding on any transferee, successors and assigns of any such intellectual property and/or proprietary rights.
11.6 You confirm and warrant to ThreatSTOP that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from ThreatSTOP. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit ThreatSTOP to deliver these to you) as part of your use of the Services.
13. Ending your relationship with ThreatSTOP
13.1 The Terms will continue to apply until terminated by either you or ThreatSTOP as set out below.
13.2 If you want to terminate your legal agreement with ThreatSTOP, you may do so by (a) notifying ThreatSTOP at any time and (b) closing your accounts for all of the Services which you use, where ThreatSTOP has made this option available to you. Your notice should be sent, in writing, to ThreatSTOP's address which is set out at the beginning of these Terms.
13.3 ThreatSTOP may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) ThreatSTOP is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom ThreatSTOP offered the Services to you has terminated its relationship with ThreatSTOP or ceased to offer the Services to you; or
(D) ThreatSTOP is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by ThreatSTOP is, in ThreatSTOP's opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect ThreatSTOP's rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ThreatSTOP have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 21.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. If You Pay Threatstop.
14.1 Charges. This section 14 applies in all situations in which you directly pay us. If you pay a company other than us for the Services, then the charges and billing terms are as stated by the other company. Even if you do not pay for the Services, you may still incur charges incidental to using the Services; for example, charges for Internet access, mobile text messaging, or other data transmission.
14.2 Payment. When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the Services using your payment method and for any paid feature of the Services for which you choose to sign-up or use while this contract is in force. You will pay charges for the Services in advance. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and notify you in advance of the difference. We may bill you for more than one of your prior billing periods together. If we informed you that the Services will be provided indefinitely or automatically renewed, we may automatically renew your Services and charge you for any renewal term.
14.3 Updates to Your Billing Account. You must keep all information in your billing account current, including your billing address and the expiration date of your credit card. You can access your billing account at https://www.threatstop.com, where you can make changes to your billing account. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your Services. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
14.4 Trial Period Offers ("Offer"). You may have received a limited time of free Services or some other trial period Offer. Unless we notify you otherwise, if you are participating in any trial period Offer, you must cancel the Services by the end of the trial period to avoid incurring charges. If you do not cancel your Services, and we have informed you that the Services will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the Services.
14.5 Prices and Price Increases. The price for the Services excludes all taxes and phone charges, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the Services from time to time, but we will tell you before we do.
(A) If there is a specific time length and price for your Offer for the Services, then that price will remain in force for that time. After the offer period ends, your use of the Services will be charged at the new price.
(B) If your charge for the Services is on a period basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change.
(C) If you do not agree to these changes, then you must cancel and stop using the Services before the changes take place. If you cancel your Services, then your Services end at the end of your current term for the Services or, if we bill your account on a period basis, at the end of the period in which you cancelled.
14.6 Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise.
14.7 Online Statement; Errors. We will provide you with an online billing statement. This is the only billing statement that we provide. Send email to billing at threatstop.com to request an electronic or paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.
14.8 Canceling the Services. You may cancel the Services at any time, with or without cause. Send email to billing at threatstop.com to obtain information on cancelling your Services. Certain offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the Services by you will not alter your obligation to pay all charges made to your billing account.
14.9 Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Services if you fail to pay in full on time.
14.10 Internet Access service. The Services do not include Internet access. You are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the Services.
14.11 Payments to You. Your right to any payment due you under the Services is conditioned upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment). We will use reasonable efforts to tell you what information we require in advance of your use of the applicable Services. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts.
15. EXCLUSION OF WARRANTIES
15.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 15 AND 16, SHALL EXCLUDE OR LIMIT THREATSTOP'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
15.3 IN PARTICULAR, THREATSTOP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
15.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THREATSTOP OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15.6 THREATSTOP FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. LIMITATION OF LIABILITY
16.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 15.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THREATSTOP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS OR;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH THREATSTOP MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE THREATSTOP WITH ACCURATE ACCOUNT INFORMATION OR;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
16.2 THE LIMITATIONS ON THREATSTOP'S LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY WHETHER OR NOT THREATSTOP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16.3 REGARDLESS OF ANY OTHER PROVISIONS, EXCEPT SUBJECT TO OVERALL PROVISION IN PARAGRAPH 15.1 ABOVE, THREATSTOP'S LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO THREATSTOP.
17. Copyright and trade mark policies
17.1 It is ThreatSTOP's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17.2 Notices of copyright infringement.Notifications of claimed copyright infringement should be sent to ThreatSTOP's Designated Agent in writing at the following address:
Takedown Notice, c/o ThreatSTOP Inc., 1743 Blue Water Lane, San Marcos, CA 92078, USA
Telephone Number of Designated Agent: +1-760-542-1550
Email Address of Designated Agent:
17.3 To be effective, the notification must include the following:
17.3.a A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
17.3.b Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
17.3.c Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ThreatSTOP to locate the material and;
17.3.d Information reasonably sufficient to permit ThreatSTOP to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
17.3.e A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and;
17.3.f A statement that the information in the notification is accurate, and if submitted by the owner's authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
17.4 Within a commercially reasonable time after receipt of the written notification containing the information as outlined in 17.3.a through 17.3.f above ThreatSTOP shall remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that ThreatSTOP has removed or disabled access to the allegedly infringing material.
17.5 Counter Notification: To be effective, a counter notification must be a written communication provided to ThreatSTOP's Designated Agent at the above provided address that includes substantially the following:
17.5.a A physical or electronic signature of the alleged infringer;
17.5.b Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
17.5.c A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
17.5.d The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the exclusive jurisdiction of the courts located within the county of San Diego, California, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, ThreatSTOP shall provide the complaining party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that ThreatSTOP will replace the removed material or cease disabling access to it within ten (10) business days. If ThreatSTOP's Designated Agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, ThreatSTOP shall restore the allegedly infringing material.
18. Advertisements
18.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
18.2 The manner, mode and extent of advertising by ThreatSTOP on the Services are subject to change without specific notice to you.
18.3 In consideration for ThreatSTOP granting you access to and use of the Services, you agree that ThreatSTOP may place such advertising on the Services.
19. Other content
19.1 The Services may include hyperlinks to other web sites or content or resources. ThreatSTOP may have no control over any web sites or resources which are provided by companies or persons other than ThreatSTOP.
19.2 You acknowledge and agree that ThreatSTOP is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
19.3 You acknowledge and agree that ThreatSTOP is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
20. Changes to the Terms
20.1 ThreatSTOP may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, ThreatSTOP will make a new copy of the Universal Terms available at http://www.ThreatSTOP.com/ToS.html and any new Additional Terms will be made available to you from within, or through, the affected Services.
20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, ThreatSTOP will treat your use as acceptance of the updated Universal Terms or Additional Terms.
21. General legal terms
21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other Services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
21.2 The Terms constitute the whole legal agreement between you and ThreatSTOP and govern your use of the Services (but excluding any services which ThreatSTOP may provide to you under a separate written agreement), and completely replace any prior agreements between you and ThreatSTOP in relation to the Services.
21.3 You agree that ThreatSTOP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
21.4 You agree that if ThreatSTOP does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ThreatSTOP has the benefit of under any applicable law), this will not be taken to be a formal waiver of ThreatSTOP's rights and that those rights or remedies will still be available to ThreatSTOP.
21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
21.6 You acknowledge and agree that each member of the group of companies of which ThreatSTOP is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
21.7 The Terms, and your relationship with ThreatSTOP under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and ThreatSTOP agree to submit to the exclusive jurisdiction of the courts located within the county of San Diego, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ThreatSTOP shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
April 30, 2010