The free download version of myJabber is intended for use by individuals on their own personal computer using the myjabber.net server.
If you pay a fee for myJabber it is intended for use by one individual on any myJabber compatible server.
For commercial applications, please contact myJabber at sltsCommunications info@sltscommunications.net.
1. ACCEPTANCE OF TERMS
sltsCommunications provide this service to you, subject to the following End User Agreement ("EUA"), which may be updated from time to time without notice to you. You can review the most current version of the EUA at any time at: [http://www.myJabber.org/EUA.php] BY CLICKING THE "I ACCEPT" BUTTON (IN ORDER TO DOWNLOAD AND INSTALL myJabber ON YOUR COMPUTER) YOU AGREE TO BE BOUND BY THIS EUA.
2. DESCRIPTION OF SERVICE
myJabber (the "Service") provides users with the capability to see when their contacts are online, send and receive instant communications/messages, electronic mail, alerts and other material and information via the World Wide Web. By registering and using the Service, you acknowledge that other users of the Service may elect to receive a notification from the Service when you sign on and may send you instant messages and other information via the Service. Your ability to send and receive instant messages and other information may be blocked by sltsCommunications, which may partially or wholly limit your ability to use the Service. By using the Service, you agree that sltsCommunications have no responsibility for the assessment, or for resolving any disputes arising from a User's ability to ignore, send messages or otherwise use the Service.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including but not limited to a computer and modem or other access device.
You agree not to (1) extract information from the myJabber Services and Information as defined below, reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the myJabber software, or any information available on, derived or extracted from the myJabber Services and Information as defined below, or any part thereof.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the EUA that is then in effect. You understand and agree that the Service is provided "AS-IS" and that sltscommunications assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You also understand that sltsCommunications is not responsible for the security or privacy of communications sent via the Service where the Service is being accessed via wireless devices.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you don't already have a myJabber ID and password, you will be prompted to complete the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify sltsCommunications of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. sltsCommunications cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. The Service may allow you to communicate with users of other instant messaging products. In that event, you acknowledge and agree that (i) your use of the Service is subject to the EUA and the terms governing the use of other instant messaging products you have agreed to, if any, that are consistent with the EUA and (ii) users of other instant messaging products are subject to the terms governing such other instant messaging products. sltsCommunications assumes no responsibility for the conduct or content of messages sent by users of other instant messaging products.
4. sltsCommunications PRIVACY POLICY
Your registration data and other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.myJabber.net/privacy.php
5. MEMBER CONDUCT
You understand that all information, data, text, software, sound, graphics, messages or other materials ("Content"), are the sole responsibility of the person from which such Content originated. This means that you, and not sltsCommunications, are entirely responsible for all Content that you transmit via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will sltsCommunications be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Service.
You agree to not use the Service to:
a. transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. to contact, communicate or exchange with or harass, stalk or harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a sltsCommunications official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. transmit 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 nondisclosure agreements);
f. transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, provincial, national or international law.
l. "stalk" or otherwise harass another.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
9. INDEMNITY
You agree to indemnify and hold sltscommunications and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you transmit through the Service, your use of the Service, your connection to the Service, your violation of the EUA, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that sltsCommunications may establish general practices and limits concerning use of the Service. You agree that sltsCommunications has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that sltsCommunications reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that sltscommunications reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
sltsCommunications reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that sltsCommunications shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that sltscommunications in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if sltsCommunications believes that you have violated or acted inconsistently with the letter or spirit of the EUA. sltsCommunications may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this EUA may be effected without prior notice, and acknowledge and agree that sltsCommunications may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that sltsCommunications shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that sltsCommunications shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that sltsCommunications is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that sltsCommunications shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. sltsCommunications EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. sltsCommunications does not warrant or guarantee that the myJabber Services and Information and the functions or services performed by sltsCommunications will be uninterrupted or error-free or that defects in the Software and the myJabber Services and Information will be corrected. sltsCommunications does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the Software or the myJabber services and information. sltsCommunications does not warrant or guarantee 1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the information available on or through the myJabber Services and Information will not contain material which some individuals may deem objectionable; or 3) that the functions or services performed by sltsCommunications will be uninterrupted or error-free or that defects in the Software and the myJabber Services and Information will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT sltsCommunications SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF sltsCommunications HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. NOTICE
Notices to you may be made via either email, myJabber or regular mail. The Service may also provide notices of changes to the EUA or other matters by displaying notices or links to notices to you generally on the Service.
19. GENERAL INFORMATION
The EUA constitute the entire agreement between you and sltsCommunications and governs your use of the Service, superseding any prior agreements between you and sltscommunications. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The EUA and the relationship between you and sltsCommunications shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions. You and sltsCommunications agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario, Canada. The failure of sltsCommunications to exercise or enforce any right or provision of the EUA shall not constitute a waiver of such right or provision. If any provision of the EUA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the EUA remain in full force and effect. 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 the Service or the EUA must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct product of the Software (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to Canadian export restrictions. The section titles in the EUA are for convenience only and have no legal or contractual effect.
Copyright (c)2001 - 2003 2839971 Canada Inc. ALL RIGHTS RESERVED.
