TERMS OF USE

PLEASE READ THE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE WWW.UNTHREAT.COM ("WEBSITE") AND ITS RELATED SERVICES, INCLUDING OUR SOFTWARE AND APPLICATIONS. THE WEBSITE, SOFTWARE AND OTHER SERVICES MAY ALSO BE REFERRED TO COLLECTIVELY IN THESE TERMS AS THE "SERVICE." THE TERMS CONSTITUTE AN AGREEMENT BETWEEN POLMONT VENTURES, LTD., ("UNTHREAT") AND YOU ("YOU" OR "YOUR") GOVERNING YOUR ACCESS TO AND USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE OR ACCESS THE SERVICE. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, THEN UNTHREAT IS UNWILLING TO LICENSE ANY OF ITS SOFTWARE OR SERVICES TO YOU, AND YOU MAY NOT USE THEM AND YOU MUST IMMEDIATELY REMOVE THE SOFTWARE YOU HAVE DOWNLOADED OR INSTALLED FROM ALL DEVICES.

THESE TERMS MAY BE MODIFIED BY UNTHREAT AT ITS SOLE DISCRETION AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THIS WEBSITE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE WEBSITE. CONTINUED USE OF THE WEBSITE OR SOFTWARE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO, YOU SHOULD VISIT THIS PAGE PERIODICALLY. THESE TERMS WERE LAST MODIFIED ON APRIL 24, 2012. SHOULD YOU HAVE ANY QUESTIONS PLEASE CONTACT US AT INFO@UNTHREAT.COM.

1.Use of Website and Service

No charge is made for the general use of the Website and the version of our free anti-virus software ("Free Software"), although you should be aware that charges for Internet use may apply at rates that are determined by your provider. UnThreat also makes higher-level anti-virus software available to you for a fee ("Premium Software") as may be described on the Website. Free Software and Premium Software may also be referred to herein as "Software". If you wish to download our Software, you must click on the link, fill in any required information fields (see below) and click the "I Agree" button at the bottom. By clicking the "I agree" button, you agree to the Terms herein.

2. Registration and Security

In order to use the Service, you are required to register with UnThreat. You will be required to provide certain basic information such as your name, age, password, valid e-mail address and to purchase the Premium Software billing information or other necessary information ("Registration Data"). You are permitted to establish one account and to access your account by means of an Internet connection (which UnThreat does not provide). You are responsible for all activities that occur under your account. You agree to notify UnThreat immediately of any unauthorized use of your account or any breach of security with respect to your account. UnThreat will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your account. You may not use anyone else 's account at any time.

You agree to (a) provide true, accurate, current and complete information about you as may be prompted by any registration forms on the Website or Service; (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to UnThreat, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. If UnThreat allows you to choose a username and you select, in our sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable or improper under applicable law, UnThreat has the right, without prior notice to you, to automatically change your username, deny you access to the Service, or any combination of these options. You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify UnThreat immediately.

By subscribing to or accessing the Service, you are representing to us that you are authorized to use the credit card or other form of payment you submit. We may use third parties to facilitate payment transactions and you should review such third party terms and conditions before entering into any transaction. UnThreat is not liable or responsible for such third party transactions.

The Service is intended solely for users who are of adult age in their jurisdiction, and any registration by, use of, or access to the Service by anyone under the age of majority is unauthorized, unlicensed, and in violation of these Terms. By using the Service, you represent and warrant you are of adult age in your jurisdiction and that you agree to abide by all of the terms and conditions herein.

In choosing to access the Website and Service you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.

3. CONTENT OWNERSHIP AND PROPRIETARY RIGHTS

The Website and its contents, including the Software ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, neighboring rights, moral rights and mask works, and all derivative works thereof associated with the Website and the Content are the sole property of UnThreat and its affiliates and partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Website. UnThreat does not convey, through allowing access to the Website or use of the Service, any ownership rights in the Website or in any Content. You may not copy (except as expressly permitted by these Terms), modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Website or the Content.

 

 

4. Your Submissions

You are solely responsible for the information (including any personal data), opinions, reviews, forum entries, questions and all other content that you upload, publish, modify, or display on or through the Website or Service or transmit to or share with us (collectively the "User Content").

By uploading, publishing, modifying or displaying User Content to any part of the Website or Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any purpose on or in connection with the Service or Website.

You understand and agree that we do not verify or vouch for any such content and if we determine in our sole discretion that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable user's right to use the Website and Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration. Please note, that if you (by opting-out of some or all portions of the Service) or we delete any information provided by you, it is deleted in a manner similar to emptying a recycle bin on a computer and you acknowledge that any removed information or content may persist in backup copies or may be imbedded in the Service as aggregate data.

5. Rules of Conduct

In connection with your use of the Website and Service, you agree that you shall not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input the Website with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) harm minors in any way; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website; (viii) transmit, access or communicate 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 non-disclosure agreements); (ix) monitor traffic on the Website, obtain or accumulate personal information about individual users or collect or store personal data about other users; (x) modify, delete or damage any information contained on the personal computer of any other Website user; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Website in any manner that in UnThreat's judgment, adversely affects the performance or function of the Website or interferes with the ability of other members or authorized parties to access the Website; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the License, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws governing the export of data or software to and from the United States, your country of residence or other relevant countries) and you shall take no actions which would cause UnThreat to be in violation of any law, ruling or regulation applicable to it.

6. TERMINATION OF WEBSITE AND SERVICE

UnThreat may discontinue or suspend the Website, any aspect of the Website or the Service at any time, in its sole discretion, without notice and liability to any user (subject to the explicit terms of Paragraph 10 below). UnThreat may block, terminate or suspend your access to the Website at any time for any reason in its sole discretion, even if access to the Website continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website. You acknowledge and agree that UnThreat shall not be liable to you or any third party for any termination or suspension of your access to the Website.

We may take any of the above actions for any reason, as determined by us in our sole discretion, including, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.

 

7. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

UnThreat respects the intellectual property rights of others, and requires that the people who use the Website do the same. If you believe any materials accessible on or from the Website or Service infringe your copyright, you may request removal of those materials (or access thereto) from the Website by contacting UnThreat 's copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures. Link to DMCA

8. SOFTWARE LICENSE FROM UNTHREAT

(a) Provided that you are a valid registered user of the Service, you are licensed to download and install the Software on your device that is in your possession ("License").  This License gives you a personal, worldwide, non-exclusive, and non-assignable license to use the Software for the sole purpose of enabling you to use the Service in the manner permitted by the Terms or any additional terms or conditions UnThreat may provide to you. If you download the Software this License shall be incorporated into and made part of the Terms.

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 UnThreat, in writing. You may not assign (or grant a sub-license 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, except as expressly set forth herein. Using the Software and/or Service does not grant you with rights to any patents, copyrights, trade secrets, trademarks, source code or interest in the Software or Service. 

Elements of the Software may not be used separately from the Software or the Service unless expressly authorized in writing by UnThreat.  You may not try to derive source code unless authorized.  By downloading the Software and using the Service you agree to comply with any local laws regulating the use of the Software. 

You cannot license, sell, provide or distribute the Software for any prohibited use or to any prohibited end user.  Software is a commercial item and is protected by U.S. copyright law and international treaty.  Unauthorized distribution will be subject to criminal penalties.

This License remains in force for the Term as described below. The License shall, however, be immediately terminated if you do not comply with these Terms.

To be clear, UnThreat, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Software, except for any rights expressly granted in these Terms. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Software. This License does not grant you any right to use the trademarks, service marks or logos of UnThreat, Polmont Ventures, Ltd., or its licensors. You acknowledge and agree that the Services and the Software, including without limitation the Software 's sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of UnThreat and its suppliers and is considered UnThreat 's confidential information. The Software and Services are licensed and not sold to you. The Software and Service and all intellectual property rights therein are the exclusive property of UnThreat, and all rights in and to the Software and Service not expressly granted to you in this Agreement are reserved.

UnThreat may periodically provide updates to the Software. You hereby consent to regularly downloading and allowing installation of updates in order to maximize benefits from our Software. Under no circumstances shall Unthreat be bound to provide you with updates following the expiration or termination of the subscription period. Unthreat exclusively may conclude updates for current Software versions or updates supporting the performance of other software related to versions of any third party operating systems, email and browser programs.

Unthreat welcomes and encourages comments regarding the Software, including notices on Software failures and malfunctions, as well as suggestions for supplementary features and functions. Although Unthreat is by no means obliged to answer or take action based on customer comments and suggestions, you may thus provide Unthreat an invaluable basis for implementing them in the Software and in other products and services granted by Unthreat and its co-brands and affiliates.

(b) The initial term ("Initial Term") of this License shall be the period as of the date of the download or acquisition of the Software and continuing for the term stipulated in any Applicable Conditions or on the Website described the particular Software package or other notice. Applicable Conditions refers to (a) the terms and conditions contained by your specific order in case of downloaded Software, (b) the specifications on the Software package purchased on CD or other physical medium or on the Website, or (c) the conditions specified by the supplier in case of Software purchased in combination with other hardware or software. Term refers to the Initial Term, as well as to all Renewal Terms (defined below). These may equally refer to any other terms or conditions regarding the duration for which the Initial Term is applicable, as well as the maximum number of computers on which the utilization of the Software is authorized.

During the interval prior to the expiration of the Initial Term or of a "Renewal Term" of the preceding Agreement, UnThreat may offer the customers the opportunity to extend the License at then-current renewal prices ("Renewal Term"). You may accept such offers by following the instructions and paying the renewal price specified in the offer. The Agreement will then be extended for the applicable Renewal Term.

In case of material breaches of the Agreement, UnThreat reserves the right to terminate the License granted by this Agreement without liability, as long as customers are provided either refund of the contractual fees paid in compliance with the then-current Initial Term or Renewal Term conditions or granted license for similar product for the remainder of the Term.

As of the date of expiration or termination of this License, you will cease using the Software. The Software may cease functioning and UnThreat will cease informing you of updates.

(c) UnThreat warrants that during the period beginning with the date of delivery or download of the Premium Software and for a period of thirty (30) days thereafter, the medium (if case should have it) of the Premium Software delivery will be free of any material defects and that the Premium Software will perform in accordance with the applicable standard specifications. This warranty applies solely to original Premium Software delivery conditions, and is not applicable to updates. Your exclusive remedy for breach of the present warranty is replacing the defective media or Software or, at UnThreat 's request, returning the Premium Software and applying for a full refund. In order to fully exercise your rights as provided under this section, you must uninstall and destroy all your possible copies of the Premium Software and, in case the Premium Software has been acquired by download, contact us with your refund request. In case of all other purchases, return the Premium Software in its original package, together with your receipt, to the venue of acquisition.

Notwithstanding anything to the contrary contained in the preceding Paragraph, the Free Software is granted on an "AS IS"/ "AS AVAILABLE" basis. Free Software is not provided warranty or service support by Unthreat. The General Warranty Disclaimer of Paragraph 9 below applies to the Free Software.

9. General Warranty Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE YOUR USE OF THE WEBSITE AND SERVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE OR SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE WEBSITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We have the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Website and Service, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Service on any particular device or communications service. We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Service or Website.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POLMONT VENTURES, LTD., UNTHREAT, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE SOFTWARE, THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNTHREAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. LINKS TO OTHER WEBSITES

From time to time, UnThreat may provide links on the Website that will allow you to access the websites of third parties ("Linked Sites"). UnThreat has no responsibility for the information, content, products, services, advertising, software, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of UnThreat and UnThreat does not endorse or sponsor the products, services, information, content, advertising, software, code or other materials presented on or through these Linked Sites. Your use of the Linked Sites or their products, services, information, content, advertising, code or other materials presented on or through the Linked Sites is at your own risk. Under no circumstances will UnThreat be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any Linked Sites. You should direct any concerns to that site's administrator or webmaster.

12. Storage

You acknowledge that UnThreat may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk space that will be allotted on UnThreat servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the blocking, deletion or failure to store any User Content maintained by the Service.

13. Indemnification

You hereby agree to indemnify, defend and hold Polmont Ventures, Ltd., UnThreat , its subsidiaries, parent corporation and affiliates, and all of its respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Parties"), harmless from and against any and all liability, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Parties in connection with any claim arising out of your use of the Website and/or Service, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, upload, post, transmit or make available through the Service, your violation or breach of any these Terms, your connection to the Website or Service, or your violation of the rights of any other person or entity.

14. Privacy

UnThreat very sensitive to your privacy. Please see our Privacy Notice for information and disclosures relating to the collection and use of your personal information in connection with your use of the Website and Service.

15. Miscellaneous

The Terms shall be governed and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. UnThreat 's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between you and UnThreat, these Terms constitute the entire agreement between you and UnThreat with respect to the use of the Website, its Content, any Software or Service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Except as required by law, the English language shall be the controlling language of these Terms. Notices shall be delivered to you at your address on record with UnThreat. You may provide notices to UnThreat via email to notice@UnThreat.com or by writing to UnThreat at 2 Filiou Zannetou, Limassol 3021, Cyprus.