We have been down for nearly a week as a result of a DDoS. We needed to switch providers. We apologize for any inconvenience this may have caused.

There may be some bugs which occur as a result of the move. Please let us know if you find any.

Thank you --Robin 21:14, 15 July 2008 (UTC)

From CastleCopsWiki

TERMS OF USE AND END USER LICENSE AGREEMENT FOR ISEARCH SOFTWARE AND WEB SITE

iSearch is committed to your privacy!

ISEARCH DOES NOT ASSOCIATE OR STORE ANY IDENTIFIABLE INFORMATION INCLUDING BUT NOT LIMITED TO YOUR NAME, EMAIL ADDRESS, SURFING HABITS AND OTHER CONTACT INFORMATION. PLEASE READ THE FOLLOWING AGREEMENT AND PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING AND USING THIS SOFTWARE. IF YOU DOWNLOAD AND USE THIS SOFTWARE, YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY.

ACCEPTANCE OF TERMS

THIS AGREEMENT GOVERNS YOUR USE OF ISEARCH'S SOFTWARE AND SERVICE

Any person who wishes to use iSearch's Software, Website and Service, as defined below, must agree to the terms and conditions of this Terms of Use and End User License Agreement, which includes the iSearch Privacy Policy (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is a binding agreement between you and iSearch.

BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL THE ISEARCH SOFTWARE, AND DO NOT USE ISEARCH'S SERVICE.

License. iSearch's Software is protected by the copyright laws of the United States and all applicable international copyright treaties. iDownload.com, Inc. ("iSearch") hereby grants to you ("Licensee") a personal, non-exclusive, non transferable and royalty-free license to use the accompanying software products, in machine executable object code form (the "Software") subject to the terms and conditions set forth below.

The Software and Service. The Software and the Service are intended to enhance your Browser functionality by adding dynamic services to your toolbar and enabling it to receive various information and services including data, search results, links, software and images from iSearch and third parties' servers on an ongoing basis.

Scope of License.

(a) Licensee may use the Software on any computer under his/her full control, provided however that any copy of the Software must contain all of the original Software's proprietary notices.

(b) Licensee may not use the Service and/or the Software to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach the rights of any third party (iii) engage in commercial activities including, but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any Content or other information offered on the Service.

(c) All services and features offered at the iSearch web site, iSearch's Software, and/or toolbars for use with the Software (such as Content or data) are part of the Service and the use of such services/features is governed by this Agreement.

Change of License. iSearch is permitted, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality or content of the Software or the Service without prior notice. iSearch may elect in its sole discretion to condition the continuation of this license on the Licensee accepting software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software or the Service.

Protection of Proprietary Rights.

(a) Complete title, ownership rights, intellectual property rights and all other proprietary rights in and to the Software and the Service, including the Content, shall remain at all times in iSearch and/or its licensors and suppliers and nothing in this Agreement shall be deemed as a grant of any such rights to Licensee. Licensee may not modify, translate, reverse engineer, decompile or disassemble the Software, Service, any of the Content or information on the Service, create derivative works based on the Software, the Service, any of the Content, or information on the Service, copy any of the foregoing (except as explicitly specified above), export, sell, license, rent, lease, transfer or otherwise transfer rights to the Software, the Service, any of the Content or information on the Service, or remove any proprietary notices or labels on or pertaining to any of the foregoing.

(b) If you believe that your information or any other material has been used on the Service in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice (e-mail is sufficient) that includes the following information:

an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Disclaimer of Warranties. Licensee's acknowledgments relating to Software and the Service. Licensee expressly acknowledges and agrees that:

(a) By using the Internet and/or the Software and/or the Service and/or the Content, Licensee may be exposed to contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages. Furthermore, by installing the Software on Licensee's computer, Licensee understands that iSearch may automatically transmit to and install on Licensee's computer, Software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software.

(b) The functionality of the Software and/or the Service depends, among other things, on the availability of Internet connectivity, information by iSearch servers, net congestion and other factors. iSearch makes no warranties or guarantees as to the availability or reliability of the Service or the information provided to Licensee or to any other user nor makes any commitment to provide Licensee with any information or to provide an on-going operational Service. iSearch at any time may suspend or cancel the Service for any reason without prior notice.

(c) Both the Software and the Service are not specifically licensed for use in circumstances in which the malfunction of the Software and/or the Service or the unavailability of information by iSearch servers, may cause personal injury or death or damage to property. Neither iSearch nor its licensors or suppliers shall be liable for any claims or damages arising from such events.

(d) The Software and the Service is in a pre-release beta state only and may contain errors or inaccuracies that could cause failures, loss of data, and/or conflicts or problems resulting from the use and/or operation of other software installed on your computer or which you may wish to install in the future, whether used separately or in conjunction with the Software. iSearch does not guarantee or assume responsibility for any of the foregoing or any other consequence of using the product. Licensee agrees that due to the experimental nature of the Software and the Service as a beta product, the Licensee will not rely on the Software or the Service for any reason and has decided to download and use the Software and Service at his or her own risk.

(e) THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. ISEARCH AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SOFTWARE OR THE SERVICE. NEITHER ISEARCH NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

Licensee's acknowledgments relating to Information and Content. Licensee expressly acknowledges and agrees that:

(a) The information Licensee will be exposed to, or receives, or uses with the Software and/or the Service, and/or the Content including, but not limited to, images, the Content or any portion thereof, text, links, bookmarks, WWW sites, advertisements, products, goods or services is not reviewed, controlled, examined, verified or endorsed by iSearch in any way (even if iSearch receives remuneration for such information) and are the sole responsibility of the person from whom such information originated. Licensee will have no claim against iSearch and/or its licensors of any nature whatsoever relating to any part of the Content. Licensee will be entirely responsible for all Content and other information that Licensee downloads or otherwise accesses via the Service.

(b) Licensee shall receive, and desires to so receive, various product/services, marketing ads, and campaigns of third parties through the appearance of links, menus, pop-ups, and other methods on and/or in connection with the Service and the Software (all of the foregoing "Third Party Promotions"). Participation in, and receipt of, such Third Party Promotions including but not limited to placing orders and/or making purchases, payments and/or requesting and/or receiving delivery of any related goods or services, and any other terms, conditions, warranties or representations associated with such Third Party Promotions and dealings are solely between the Licensee and the specific advertiser or merchant. Licensee agrees that iSearch will not liable in any way for any loss or damage of any sort incurred as the result of the display, provision, presence or receipt of any such Third Party Promotions and any and all dealings related thereto, whether by, through, via, or on the Service and/or the Software or otherwise.

Limitation of Liability.

(a) ISEARCH'S LIABILITY TO LICENSEE OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED $100 (ONE-HUNDRED DOLLARS) OR THE FEE, IF ANY, PAID BY LICENSEE FOR THE SOFTWARE, WHICHEVER IS GREATER, PROVIDED SUCH LIABILITY IS NOT EXPRESSLY OTHERWISE LIMITED OR EXCLUDED HEREUNDER.

(b) IN ADDITION TO EXPRESS LIMITATIONS ON ISEARCH'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL ISEARCH OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE. LICENSEE ASSUMES THE ENTIRE RISK FOR THE ACCURACY, AVAILABILITY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.

(c) IN ADDITION TO EXPRESS LIMITATIONS ON ISEARCH'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL ISEARCH OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY OF THE CONTENT (AS DEFINED ABOVE) USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH CONTENT INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY, VIOLATION OF APPLCABLE LAW OR ANY PERSON OR ENTITY'S RIGHTS OF WHATEVER TYPE. KIND OR NATURE ANY RISK ARISING OUT OF OR IN CONNECTION WITH SUCH CONTENT, WHETHER TRANSMITTED OR RECEIVED OR USED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE OR OTHERWISE. LICENSEE ASSUMES THE ENTIRE RISK FOR THE USE TRANMISSION AND RECEIPT OF ANY AND ALL OF SUCH CONTENT.

(d) IN ADDITION TO EXPRESS LIMITATIONS ON ISEARCH'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT WILL ISEARCH OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR COST OF OBTAINING SUBSTITUTE GOODS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND EQUIPMENT, AND OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED (INCLUDING WITHOUT LIMITATION ANY LOSS CAUSED BY THE INTRODUCTION OF COMPUTER VIRUSES OR CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE) AND ON ANY THEORY OF LIABILITY, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF ISEARCH OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(e) THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. ISEARCH AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SOFTWARE OR THE SERVICE. NEITHER ISEARCH NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

(f) THE SOFTWARE AND THE SERVICE ARE DOWNLOADED, USED, TRANSMITTED AND RECEIVED IN EACH CASE AT LICENSEE'S OWN RISK. LICENSEE UNDERSTANDS AND AGREES THAT HIS/HER USE OF THE SOFTWARE AND THE SERVICE, ANY PORTION THEREOF, AND ALL CONTENT PROVIDED AND USED, TRANSMITTED AND/OR RECEIVED IN CONNECTION WITH THE FOREGOING IS SO USED, TRANSMITTED AND/OR RECEIVED BY LICENSEE AT LICENSEE'S OWN RISK.

Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by the applicable law.

System Integrity.

(a) You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

(b) You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site.

Termination. iSearch and Licensee shall have the right to terminate this Agreement at any time for any reason whatsoever and without any obligation to specify the reasons for such termination. Termination by iSearch may be by unilateral removal or deletion of all, or a specific portion of, the Service, Content and/or Software, or other available method. Termination by Licensee shall be solely by removal of the Software. Without limiting the foregoing, the Agreement, including Licensee's right to use the entire Software, Service and Content, will terminate automatically and immediately if (i) Licensee fails to comply with the provisions of this agreement; (ii) Licensee uses the Software or the Service for illegal unlawful or abusive purposes. Upon termination, Licensee agrees to immediately stop using the Software and/or the Service and destroy all copies of the Software.

Export Law Assurances. You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Software or underlying technology may not be downloaded to or exported or re-exported: (a) into any country subject to United States embargo (or to a resident or national of) such as Cuba, Iraq, Iran, Libya, North Korea, Syria and any country which may appear on the United States Embargo List from time to time; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) you will not export or re-export the Software to any prohibited country, person, end-user or entity specified by US Export Laws.

Changes of License Terms. iSearch may change any of the terms and conditions contained in this Agreement, including the Privacy Policy and other policies and guidelines governing the Service, at any time in its sole discretion. Notice of material changes to this agreement will be posted on iSearch's web site or on the service. You are responsible for reviewing the notice and any applicable changes.

You agree that your continued use of the Service following any changes to this agreement and after the changes take effect will constitute your acceptance of such changes.

If you do not agree to future changes to this agreement, do not continue to use the service after the effective date of such changes and uninstall all iSearch software.

Miscellaneous. This Agreement represents the complete agreement between Licensee and iSearch concerning the subject matter hereof and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the highest extent. Except as specifically set forth herein, this Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized iSearch representative. iSearch may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to any third party whatsoever, without notice and without the need to receive Licensee's consent. Licensee shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of Licensee's rights or obligations under this agreement. This Agreement is governed by the laws of the State of New York, without reference to its conflict of law principles and the exclusive jurisdiction for any dispute arising hereunder shall be submitted to the competent courts in New York. Any questions concerning this Agreement may be directed by email to the webmaster of this site.

Children 13 and Under.

If you are thirteen years old or younger, we will not collect, store or use your personally identifiable information. Parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.

CONTACTING US ABOUT PRIVACY

If you have any questions about our privacy policy or the practices of this site, or your dealings with this Web site, you can contact us at:

iSearch.com, 701 Brazos Suite 500, Austin, TX 78701

These Terms of Use and Privacy Policy were last updated on May 18, 2004.