Privacy Policy
Your privacy is very important to us at MailCloak. To better protect your rights we have provided the MailCloak Privacy Policy to explain our privacy practices in detail.
Terms of Use
MailCloak software, (sometimes referred to as the "Software") that is made available by downloading
from the Site is the copyrighted work of gWebs. Use of the Software is governed by the terms of the
「End User License Agreement」 that accompanies or is included with such Software
and is also referenced on this website. You will not be able to download or install any software that is
accompanied by or includes an 「End User License Agreement」 unless you agree to
the terms of such 「End User License Agreement」. If you
do not agree to such terms, you will not be able to use the Software.
We grant you a personal, non-exclusive, limited license to install the software on any single computer.
- You may not sell the software.
- You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the
source code (except where expressly permitted by law).
- You may not modify, adapt, or create derivative works from the software in any way or remove proprietary
notices in the software.
- You agree to abide by all laws and regulations in effect regarding your use of the software.
- You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
MailCloak Password and Security
We are always doing our best to provide the perfect service, and we also attach significant
importance to the security of the software and its service, however, gWebs does not warrant that
the functions contained in the service provided by the Site will be uninterrupted or error-free,
that defects will be corrected.
As part of the registration process, you, as a user, firstly have to create a username and a password.
MailCloak will correspondingly set up your Public/Private keys associated only to your username and
password. You must not lose your password, because we cannot bring it back - it is physically impossible.
Therefore, we strongly recommend you memorize your password to prevent any inconveniences caused by
password loss.
You may not:
- Select or use a User Name of another person with the intent to impersonate that person.
- Use a name subject to the rights of any other person without authorization.
- Use a User Name that gWebs, in its sole discretion, deems inappropriate or offensive.
You shall notify gWebs of any known or suspected unauthorized use(s) of your Account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You
shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive,
or otherwise illegal activity may be grounds for termination of your Account, at gWebs' sole discretion,
and you may be reported to appropriate law-enforcement agencies.
Notification of Copyright Infringement
MailCloak will investigate notices of copyright infringement and take appropriate actions.
If you believe that your work has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on this Site, please notify Webmailsafey.
Pursuant to The Copyright Act, Chapter 63 of Singapore (Copyright Act), a notification of claimed
infringement must be a written communication addressed to the designated agent as set forth below,
and must include substantially all of the following
- Name and address of the complainant.
- Where the complainant is not resident in Singapore, the complainant's address for service in Singapore.
- Telephone number and Email address of the complainant. Fax number is optional.
- Information to enable the designated agent to identify the infringing material.
- Information identifying the location of the infringing material.
- A statement that the complainant requires the designated agent to remove/disable access to the material.
- A statement that the complainant, in good faith, believes that the material is an infringing copy.
- A statement that the information in the take-down notice is accurate.
- A statement that the complainant is the copyright owner or exclusive licensee as the case may be or
that he is authorized to act on behalf of such owner or exclusive licensee.
- Agreement that the complainant submits to the jurisdiction of Singapore Courts.
For Notice of claims of copyright infringement, MailCloak can be reached by
support@gwebs.com
© gWebs – Revised Date: 2008
Jurisdictional Issues
This site is controlled and operated by MailCloak. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Governing Law
By accessing this Site, you and MailCloak agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.
Trademarks
gWebs logo, product name and other marks, indicated on our site are trademarks of gWebs.
gWebs is registered in Singapore Patent and Trademark Office. Without gWebs' content in written
form, you are forbidden or not entitled to authenticate others to display or use the gWebs
Trademarks in whatever form for whatever purposes.
All other trademarks not owned by gWebs that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by gWebs.
gWebs trademarks and trade dress may not be used in connection with any product or service
that is not gWebs, in any manner that is likely to cause confusion among customers; or in any
manner that disparages or discredits gWebs.
Copyright
All content and compilation of content included on gWebs' website, such as text, graphics,
logos, button icons, images, audio clips, digital downloads and software, is the property of
gWebs System Pte LTD and is protected by Singapore and international copyright laws.
If you have any questions or concerns about this Terms of Use or any issues raised in this
Terms of Use or on the Site, please contact us at:
support@gwebs.com
IMPORTANT – PLEASE READ CAREFULLY
Before reading the articles below, please note the following preliminary terms in initial
capital letters, which use some of the definitions specified in Article 1 below:
Entering into this Agreement: This End User License Agreement constitutes a valid and
binding legal agreement between gWebs and You, as a user, for the use of the MailCloak Software.
You must enter into this Agreement by choosing 「I accept the agreement
」 in order to
install and use the MailCloak Software.
You hereby agree and acknowledge that this Agreement covers all Your use of MailCloak Software,
whether it be from this installation or from any other terminals where MailCloak Software has
been installed, by You or by third parties. Furthermore, by installing and continuing to use the
MailCloak Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by choosing
「I accept the agreement」to show Your approval to download and install
the MailCloak Software, You are entering into a legally binding contract. You hereby agree to
the use of electronic communication in order to enter into contracts, and create other records
and to the electronic delivery of notices, policies and records of transactions initiated or
completed through the MailCloak Software. Furthermore, You hereby waive any rights or requirements
under any laws or regulations in any jurisdiction which require an original (non-electronic)
signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
Jurisdiction's Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based
applications according to age, or which restricts the ability to enter into agreements such as this agreement
according to age and You are under such a jurisdiction and under such age limit, You may not enter into this
Agreement and download, install or use the MailCloak Software. Furthermore, if You are residing in a
jurisdiction where it is forbidden by law to offer or use software for internet communication, You may not
enter into this Agreement and You may not download, install or use the MailCloak Software. By entering
into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the
MailCloak Software is allowed.
Article 1 Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
[AM: While there is no legal need to put these definitions in alphabetical
order, you seem to have tried to do so, and then stuck things that put it out of whack.
I have asterisked those items.
- Agreement: this End User License Agreement, as may be renewed, modified and/or amended from
time to time in accordance with its terms.
- Documentation: any online or otherwise enclosed documentation provided by gWebs.
- Effective Date: the date on which this Agreement is entered into by choosing
「I accept the agreement」 button as stated above.
- IP Rights: any and all intellectual property rights, including but not limited to copyrights,
trademarks and patents, as well as know how and trade secrets contained in or relating to the MailCloak
Software, the Documentation, the gWebs Website or the MailCloak Promotional Materials.
- Password: which authenticates you to enter the MailCloak User Panel in combination with Your User
ID, and gives You access to MailCloak's encryption/decryption services. It is irretrievable once it is lost.
- Global Web Security Systems Pte Ltd ("gWebs"): refers to the company established under the
laws of Singapore, with its address currently at 101 Cecil Street #16-09 Tong Eng Building
Singapore 069533, Co. Reg. No. 200715102Z.
- gWebs Online Material: the URL is available for download on the gWebs Website.
- gWebs Promotional Materials: any and all trademarks, names, signs, logos, banners, gWebs Online
Material and any other materials, in whatever form, owned and/or used by gWebs for the promotion of its
products and activities.
- MailCloak Software: MailCloak software is distributed by gWebs for internet communication
applications, including without limitation the MailCloak browser plug-in, UI and Documentation,
as well as any future programming fixes, updates and upgrades thereof.
- gWebs Staff: the officers, directors, employees and agents of gWebs.
- gWebs Website: any and all elements, contents and the 'look and feel' of the website available under
the URL http(s)://www.gwebs.com/
- Terms of Service: means the terms outlined in this Agreement
- UI: the user interface of the MailCloak Software.
- User Mailbox: refers to the account with User Mailbox and Password that You create for Your use
of the MailCloak Software.
- User ID: refers to an identity You selected, which in combination with the Password, gives access
to Your Mailbox.
- Mail/File Encryption/Decryption Service: means the free software and services provided under
the Terms of Service.
- You: you, the end user of the MailCloak Software, also used in the form "Your" where applicable.
Article 2 License and Restrictions
- License. Subject to the terms of this Agreement, gWebs hereby grants You a personal,
non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license
to download, install and use the MailCloak Software on Your computer for the sole purpose
of personally using the Mail/file encryption/decryption applications provided by gWebs.
For the avoidance of doubt, you are allowed to use MailCloak Software at Your place of
work, in accordance with the terms of this Agreement, provided that Your use of the Mail
Cloak Software shall not be in violation of any rules established at your place of work.
It is your responsibility to ascertain this and gWebs makes no representation that such
use is permissible.
- No Granting of Rights to Third Parties. You will not sell, assign, rent, export, import, act as an
intermediary or provider, or otherwise grant rights to third parties, nor may You allow
others to do so, with regard to the MailCloak Software.
- No Modifications. You will not undertake, cause, permit or authorize the modification, creation of
derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the
MailCloak Software or any part thereof, nor may you allow others to do so.
- New Versions of the MailCloak Software. gWebs, in its sole discretion, reserves the right to add
additional features or functions, or to provide programming fixes, updates and upgrades, to the MailCloak
Software. MailCloak Software will auto-update globally. You acknowledge and agree that gWebs has no
obligation to make available to You any subsequent versions of the MailCloak Software.
Furthermore, You acknowledge and agree that gWebs, in its sole discretion, may modify or discontinue or suspend
Your ability to use any version of the MailCloak Software, and/or disable any MailCloak Software You may
already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the
underlying technology or for any other justifiable reason, including but not limited to, circumstances where You,
at gWebs' discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting
inconsistently with the letter or spirit of our policies, which can be found at Legal information, or engaging in
fraudulent, immoral or illegal activities, or for other similar reasons.
- The MailCloak Software contains software covered under the GNU General Public License. You may
freely obtain and distribute source code versions of the software covered by the GNU General Public
License through the Internet. However, some applications remain the property of their owners, and
require their permission to redistribute. For more information, access the gWebs' web site at
http://www.gwebs.com.
Furthermore, You acknowledge and agree that gWebs, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the MailCloak Software, and/or disable any MailCloak Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at gWebs' discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found at Legal information, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
Article 3 Confidentiality and Privacy
gWebs is committed to respecting Your privacy and the confidentiality of Your personal
data (for VIP Register). gWebs NEVER collects or snoops on any contents of Email Contents,
Attachments or Online Office Documents. In addition gWebs never collects your encryption key
information. The "Privacy Policy"
that is published on the gWebs Website Privacy policy applies
to the use of Your VIP Registration information as well as the communication content contained
in Your Email(s) or online office documents. We do not sell or rent Your personal information
to third parties for their marketing purposes without Your explicit consent and we use Your
information only as described in the Privacy Policy.
We store and process Your information on computers that may be located outside Your country that are protected
by physical as well as technological security devices. You can access and modify the information You provide
in accordance with the Privacy Policy. If You object to Your information being transferred or used in this way
please do not use our services.
Article 4 IP Rights
- Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or
arising from the MailCloak Software are and shall remain the exclusive property
of gWebs. As between You and gWebs, gWebs owns all right, title and interest to
the MailCloak Software, including without limitation, all intellectual and proprietary
rights appurtenant thereto. Nothing in this Agreement intends to transfer any such
IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the
limited license to use of the IP Rights granted to You in this Agreement. You will
not take any action to jeopardize, limit or interfere with the IP Rights. You
acknowledge and agree that any unauthorized use of the IP Rights is a violation
of this Agreement as well as a violation of intellectual property laws, including
without limitation copyright, patent and trademark laws.
- No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any
notices or indications of the IP Rights and/or gWebs' rights and ownership thereof, whether such notice
or indications are affixed on, contained in or otherwise connected to any materials.
Article 5 Communication and Your Use of the MailCloak Software
- Communication. Installing MailCloak Software enables You to Send/Receive safer Email
Contents or Attachments (through the Email communication services provided by ISP) and helps
protect your Online Office Documents better.
- No Warranties. gWebs is not responsible for the transmission obstacles of Email.
We are only responsible for the improved protection of your Email content and attachments
from other unauthorized access if you have installed MailCloak Software. Therefore, the
Email transmission is entirely the responsibilities of the Email service provider whose
service you are using.
- Lawful Purposes. You acknowledge and agree to use the MailCloak Software solely for lawful
purposes. In this respect You may not, without limitation use any type of spider, virus, worm,
trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete,
damage or disassemble the MailCloak Software or the communication.
Article 6 Disclaimer of Warranties
- No warranties. THE MAILCLOAK SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" AND
"AS AVAILABLE" BASIS, WITH NO GUARANTEES, REPRESENTATIONS OR WARRANTIES
WHATSOEVER; gWebs DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY
WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE MAILCLOAK SOFTWARE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE
OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. gWebs FURTHER DOES NOT
REPRESENT OR WARRANT THAT MAILCLOAK SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL
OPERATE WITHOUT PACKET LOSS, NOR DOES gWebs WARRANT ANY CONNECTION TO OR
TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE MAILCLOAK
SOFTWARE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
MAILCLOAK SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, gWebs DOES
NOT WARRANT THAT THE MAILCLOAK SOFTWARE WILL MEET YOUR REQUIREMENTS.
- Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations
as set forth above, some of these exclusions or limitations may not apply to You. In such event the
liability will be limited as far as legally possible under the applicable legislation.
- Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, gWebs
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES
IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO,
USE AND OPERATION OF THE MAILCLOAK SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR THE
BASIS OF THE CLAIM OR WHETHER OR NOT gWebs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
- Indemnity: You agree to defend, indemnify and hold gWebs, its affiliates and their
respective officers, directors, employees, agents and representatives harmless from and
against any liabilities, losses, expenses, costs or damages (including reasonable
attorneys' fees, expert fees' and other reasonable costs of litigation) arising from,
incurred as a result of, or in any manner related to any claim or action based upon your
breach of the terms and conditions of this Agreement. gWebs may, if necessary, participate
in the defense of any such claim or action and any negotiations for its settlement or
compromise. No settlement which may adversely affect gWebs' rights or obligations shall
be made without gWebs' prior written approval. gWebs reserves the right, at its own expense
and on notice to you, to assume exclusive defense and control of any such claim or action
and then your corresponding indemnification obligation will end.
Article 7 General Provisions
- New versions of the Agreement. gWebs reserves the right to modify this Agreement at any time
by publishing the revised Agreement on the gWebs Website. The revised Agreement shall become
effective to you within thirty (30) days of such publishing, unless You expressly accept the
revised Agreement earlier by clicking on the accept button. The express acceptance by You, or Your
continued use of the MailCloak Software after expiry of the notice period of thirty (30) days,
shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
gWebs reserves the right to make changes to this Agreement from time to time.
- Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement
between You and gWebs with respect to the subject matter hereof and will supersede and replace
all prior understandings and agreements, in whatever form, regarding the subject matter.
- Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable
either in its entirety or in a particular application, the remainder of this Agreement shall
nonetheless remain in full force and effect.
- Applicable Law. This Agreement shall be governed by and construed in accordance with the laws
of Singapore without giving effect to any conflict of laws or provisions whether contained in
Singapore law or the laws of your current state or country of residence.
- Competent Court. Any legal proceedings arising out of or relating to this Agreement will be
subject to the exclusive jurisdiction of the courts of the district of Singapore. You agree that
in the event that You commence legal proceedings in any court outside of the district of Singapore,
you will reimburse gWebs for all attorneys' fees and costs that it incurs in connection with such
proceedings, irrespective of the eventual outcome of such legal proceedings.
- Language. The original English version of this Agreement may have been translated into other
languages. In the event of inconsistency or discrepancy between the English version and any other
language version of this Agreement, the English language version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS
AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE
MailCloak SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO
gWebs THE RIGHTS SET FORTH HEREIN.
© gWebs System Pte Ltd– Last revised: April 2008.
Distribution Terms
Additional to the MailCloak End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY
These Distribution Terms are an addition to the MailCloak End User License Agreement (the "Agreement"),
as published on the MailCloak Website. The terms and conditions of the Agreement will apply to these
Distribution Terms, except for the exceptions that are explicitly stated in these Distribution Terms. The
capitalized definitions used herein are specified in Article 1 of the Agreement.
If You want to make use of the possibility to distribute the MailCloak Software in a CD-ROM, DVD or
other similar physical media, You will have to send an Email containing Your name, address, phone number
and Email address to support@gwebs.com,
stating Your intentions to distribute the MailCloak Software
and defining the applicable media. By sending such Email, You explicitly agree to be bound by the Distribution
Terms below as well as any renewed versions thereof, as will be published on the MailCloak Website or as
may be otherwise notified to You by MailCloak. In the event MailCloak has not received such Email,
You will not be allowed to distribute the MailCloak Software. MailCloak reserves the right, at its
sole discretion, to deny your request to distribute. In this event, you will be notified via Email response
within 30 days of receipt of your Email.
Distribution
- As an exception to the Agreement, You are allowed to distribute the MailCloak Software, only
for a legitimate purpose, and under the conditions as set forth herein.
- You acknowledge and agree that You are not permitted to distribute the MailCloak Software for
any commercial gain, including but not limited to any selling of related services or attempt to charge
for the Webmaillsafety Software.
- You will not distribute MailCloak Software through other media than CD-ROM or DVD, unless
approved by MailCloak in an explicit written communication to You.
- You will acknowledge that the provisions of the Agreement must be agreed to by all end users who
install the MailCloak Software that You distribute.
- You will not undertake, cause, permit or authorize the modification, creation of derivative works,
translation, reverse engineering, decompiling, disassembling or hacking of the MailCloak Software or
any part thereof. Further, You will not make any indications about MailCloak's intellectual property
rights illegible.
- You will not harm, misuse or bring into disrepute MailCloak, the MailCloak Software and the
services of MailCloak, on the contrary, You will maintain the value and reputation thereof to the
best of Your abilities.
- You will constantly monitor the MailCloak Website in order to ensure that You are distributing
the latest stable version of the MailCloak Software as well as that You are aware of any changes in
the applicable legal documents. In the event that You cannot agree on any changes in any applicable legal
document You will immediate cease any and all distribution of the MailCloak Software and, where
applicable, any and all use of the MailCloak Software.
- You will at any and all times clearly indicate that the MailCloak Software originates from gWebs
System Pte Ltd by marking the words "Includes MailCloak Software" on the distributed physical medium,
and will at any time comply with all further instructions provided by gWebs System Pte Ltd for the
distribution of the MailCloak Software.
- You acknowledge that these Distribution Terms do not grant You any right to use MailCloak
Promotional Material, including any use thereof in connection with the distribution hereunder.
For the right to use MailCloak Online Material, You will have to agree to and meet with the
Promotional Materials Terms as published on the MailCloak Website.
General Provisions
- You represent and warrant that You are authorized to agree to and meet with the terms and conditions of
these Distribution Terms. You acknowledge and agree that the Agreement will apply to these Distribution Terms,
except for the exceptions that are explicitly meant to make in these Distribution Terms.
- You acknowledge and agree that Your distribution of the MailCloak Software will be at Your own risk
and account. You agree to indemnify, defend and hold MailCloak and the MailCloak Staff harmless from
and against any and all liability in connection with or arising out of (a) Your distribution of the
MailCloak Software, or (b) any breach of violation of the terms and conditions of the Distribution
Terms and the Agreement.
- MailCloak reserves the right to modify these Distribution Terms at any time. Your continued
distribution of the MailCloak Software shall constitute Your acceptance to be bound by the terms and
conditions of the revised Distribution Terms. MailCloak will not be liable in relation to any damage
caused by the modification of these Distribution Terms and/or the termination thereof.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS
AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING AND/OR DISTRIBUTING THE MailCloak SOFTWARE YOU EXPRESSLY
CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO MailCloak THE RIGHTS SET FORTH HEREIN.
© gWebs System Pte Ltd –August 2007.
Promotional Materials Terms
Additional to the MailCloak End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY
These Promotional Materials Terms (the "Promotional Terms") are an addition to the MailCloak End User
License Agreement, as published on the MailCloak Website. The capitalized definitions used herein are
specified in Article 1 of said agreement.
By using MailCloak Online Materials, you explicitly agree to be bound by the Promotional Terms below
as well as any renewed versions thereof, as will be published on the MailCloak Website or as may be
otherwise notified to You by MailCloak.
MailCloak Online Material
- As an exception to the Agreement, You are allowed to use the MailCloak Online Material,
under the conditions as set forth herein.
- MailCloak, herewith, grants You a non-exclusive and non-transferable license, without the
right to grant sub-licenses, to use the MailCloak Online Material on Your website for the purpose
of promoting MailCloak Software, MailCloak Website and/or services of MailCloak.
- You may use the MailCloak Online Material only for a legitimate purpose and provided that:
- You will use the MailCloak Online Material only online, through Your website.
- You will use the MailCloak Online Material only for non-commercial gain, unless differently
agreed in a separate agreement entered into by and between You and MailCloak. More specifically,
You acknowledge that You are not entitled to charge for the download or use of the MailCloak
Software or attempt to sell or charge for any Service.
- You shall use MailCloak Online Material in such form as it is made available in the
MailCloak Website, and shall not make any changes to the graphics or HTML source code or any
other parts of MailCloak Online Material.
- You will not use the MailCloak Online Material on the website that is in any way similar
to the MailCloak Website or use the MailCloak's trademarks or words describing MailCloak's
products or services as the registered URL for website on which You use the MailCloak Promotional
Material.
- You will not harm, misuse or bring into disrepute MailCloak Software and the services of
MailCloak, on the contrary, You will maintain the value and reputation thereof to the best of
Your abilities. Therefore, You will not publish or link to any unlawful, criminal, illegal or immoral
content on Your website and will furthermore refrain from any acts that may be infringing on
intellectual property rights or any other third party rights, or that may be unlawful or that
constitute an offence.
- You will regularly monitor the MailCloak Website in order to ensure that You are using the
latest MailCloak Online Material as well as that You are aware of any changes in the applicable
legal documents. In the event that You cannot agree on any changes in any applicable legal document,
You will immediately cease any and all use of the MailCloak Online Material and, where applicable,
any and all use of the MailCloak Software.
- You will at any and all times clearly indicate that the MailCloak Software originates from
gWebs System Pte Ltd, by using the MailCloak Online Material in accordance with these terms and,
if applicable, further instructions provided by MailCloak.
- Nothing in these Promotional Material Terms shall grant You any rights with regard to the
MailCloak Online Material other than the right to use the MailCloak Online Material as set
out hereunder.
Intellectual property rights
- All intellectual property rights (including but not limited to trademarks, copyrights and patents)
relating to MailCloak Online Material, other MailCloak Promotional Materials, MailCloak
Software, MailCloak Website, are the exclusive ownership of MailCloak. Nothing in this Agreement intends
any transfer of any intellectual property right, or to vest any intellectual property right with you.
- You are not allowed to register any trade names, trademarks, logos, domain names or any other names
or signs similar to MailCloak's intellectual property rights, including but not limited to the
MailCloak Promotional Materials.
General Provisions
- You represent and warrant that You are authorized to agree to and meet with the terms and conditions
of these Promotional Terms. You acknowledge and agree that the Agreement will apply, except for the
exceptions that are explicitly meant to make in these Promotional Material Terms.
- You acknowledge and agree that Your use of the MailCloak Online Material will be at Your own
risk and account. You agree to indemnify, defend and hold MailCloak and the MailCloak Staff
harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred
by said parties, in connection with or arising out of (a) Your use of the MailCloak Online Material,
or (b) any breach of violation of the terms and conditions of the Promotional Terms and/or the Agreement.
- MailCloak reserves the right to modify these Promotional Terms at any time. MailCloak will
not be liable in relation to any damage caused by the modification of these Promotional Terms and/or
the termination thereof.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS,
TERMS AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING AND/OR USING THE MailCloak ONLINE MATERIAL
YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO MailCloak THE RIGHTS
SET FORTH HEREIN.
© gWebs System Pte Ltd — August 2007
- You will use the MailCloak Online Material only online, through Your website.
- You will use the MailCloak Online Material only for non-commercial gain, unless differently agreed in a separate agreement entered into by and between You and MailCloak. More specifically, You acknowledge that You are not entitled to charge for the download or use of the MailCloak Software or attempt to sell or charge for any Service.
- You shall use MailCloak Online Material in such form as it is made available in the MailCloak Website, and shall not make any changes to the graphics or HTML source code or any other parts of MailCloak Online Material.
- You will not use the MailCloak Online Material on the website that is in any way similar to the MailCloak Website or use the MailCloak's trademarks or words describing MailCloak's products or services as the registered URL for website on which You use the MailCloak Promotional Material.
- You will not harm, misuse or bring into disrepute MailCloak Software and the services of MailCloak, on the contrary, You will maintain the value and reputation thereof to the best of Your abilities. Therefore, You will not publish or link to any unlawful, criminal, illegal or immoral content on Your website and will furthermore refrain from any acts that may be infringing on intellectual property rights or any other third party rights, or that may be unlawful or that constitute an offence.
- You will regularly monitor the MailCloak Website in order to ensure that You are using the latest MailCloak Online Material as well as that You are aware of any changes in the applicable legal documents. In the event that You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the MailCloak Online Material and, where applicable, any and all use of the MailCloak Software.
- You will at any and all times clearly indicate that the MailCloak Software originates from gWebs System Pte Ltd, by using the MailCloak Online Material in accordance with these terms and, if applicable, further instructions provided by MailCloak.
© gWebs System Pte Ltd — August 2007