We at SpeedBit take your online privacy very seriously and pledge to you, our SpeedBit user, that:
- Our products and services are 100% Spyware free
- We do NOT track your online activities or browsing habits
- We do NOT collect information about your personal downloads
- You decide, if and when, to provide us with personal information about yourself
- The personal information you choose to provide us will not be shared with others.
*Except as required by legal procedures.
- We will not spam you
The above are highlights of SpeedBit's privacy policy. The highlights are provided for convenience only. For the complete and binding privacy policy of SpeedBit please read the entire document below
Thank you for your interest in SpeedBit products and services.
This privacy policy governs your use of SpeedBit Products and Services including Download Accelerator Plus (DAP) and all other software, features, tools, Add-Ons, websites, and services offered by SpeedBit.
For your convenience below are the major issues covered in this Privacy Policy
- SpeedBit business model and privacy philosophy
- Submission and Collection of information
- How is the information being used?
- A special note regarding e-mail address
- Do we know who downloads a specific file?
- Cookies
- Communication with SpeedBit and postings on the products/services and web sites
- Special terms applicable to some of SpeedBit's services
- Special Note for Parents
- No Evil, No Spyware, No Threat
- Changes to this Privacy Policy
- General Terms
SpeedBit business model and privacy philosophy
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SpeedBit provides a variety of products and services. Some of our products are Free, supported by unobtrusive advertisements within SpeedBitÆs web sites and program windows (for example, Download Accelerator Plus (DAP), Free version, and the Fileratings.com site). We also offer paid products and services (for example û Download Accelerator Plus Premium version and the DAPDrive storage service). Learn more about SpeedBit products and services: http://www.speedbit.com/About.asp.
We have designed DAP according to the standard ôad-supportedö business model. Users can choose to receive DAP free of charge, and be exposed to standard conventional advertising (e.g. banners within the application window, just like AIM(tm), Opera browser(tm), MSN Messenger(tm) and most websites). Or users can buy a paid version, with additional features and no advertising. Either way, our users can enjoy a product, service and technology that took a lot of hard work and money to create.
We're wary of other kinds of advertising-supported software, like 'adware' found elsewhere, but we'll never track what sites you visit, nor we will bombard you with adware-type pop-up ads.
No matter which products or services you choose, free and/or paid, your privacy is important to us. We have chosen to undertake strict safeguards to protect user privacy, and we strive to make sure those practices meet and exceed industry standards. We welcome any comments and suggestions for improvement: privacy@speedbit.com.
This privacy policy governs your use of SpeedBit various Products and Services, free and/or paid, including Download Accelerator Plus (DAP) and all other software, features, tools, Add-Ons, websites, and services offered by SpeedBit.
This privacy policy explains the practices that apply to the information that you provide or that may be generated by your use of SpeedBit Products and Services.
Please note that products and services by third parties that you may choose to use are subject to their own privacy policies. We recommend that you consult their respective privacy policies.
Submission and Collection of information
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When you register and/or use SpeedBit's Products, Services and/or web sites, you may choose, voluntarily, to provide Personally Identifiable Information about yourself. Your Personally Identifiable Information may include registration-related information (such as name, addresses, e-mail addresses, birth date or gender) submitted during the registration, update and un-installation of the Products and/or Services, along with the details of the Products and/or Services; and transaction-related information (such as credit card or other preferred means of payment, a history of Products and Services purchased through SpeedBit, your billing and shipping information, or customer service information about you as a SpeedBit user or subscriber) hereunder Transaction-Related Information.
Personally Identifiable Information may be submitted by you voluntarily, either through forms which you have to fill in (such as the Registration form presented to you during the product installation), or through forms that are automatically filled-in by the products or services, which you can further correct, modify or delete before you choose to submit. Personally Identifiable Information does not include information that is collected anonymously (i.e., without identification of the individual user) or demographic information not connected to an identified individual.
In addition, Non-Personally Identifiable Information may be provided by you or may be generated by your mere use of SpeedBit Products and Service. Non-Personally Identifiable Information may include the use of a particular feature or offering on SpeedBit Products and/or Services, the files that were downloaded or the source server from which files were downloaded, visits to SpeedBit Web sites and pages, and responses to the offerings and advertisements presented on SpeedBit Products and/or Services and/or web sites and pages and/or email communication.
Your Non-Personally Identifiable Information may also include standard internet communications automatically sent by your computer. This information may include: the type of browser (e.g., Internet Explorer, Firefox), the type of operating system (e.g., Windows XP or Mac OS); Internet protocol addresses (including any host name or geographic information associated with these addresses); and information related to your computer system configuration.
We are especially careful about the privacy of your Usernames and Passwords. We consider this information highly sensitive, and we treat it with the appropriate care. If your requests to SpeedBit servers or your file downloads include Usernames and Passwords, we will always consider this information as Personally Identifiable Information. This information will be subject to the strict practices and protections which we offer to usersÆ Personally Identifiable Information.
Furthermore, if SpeedBit ever combines your Personally Identifiable Information with your non-Personally Identifiable Information, the entire combined information will be considered Personally Identifiable Information. This combined information will therefore be subject to the strict protections SpeedBit offers for its usersÆ Personally Identifiable Information.
In some cases, if you decide not to provide certain information or if you delete certain automatically filled-in information from certain SpeedBit forms (e.g. email address), you may not be able to complete the applicable process. For example, registering for a service or installing a product may sometimes require that you provide certain information.
How is the information being used?
=========================================
The information is used to operate and improve the features, offerings and content presented to you by SpeedBit; to streamline the use of SpeedBit Products and Services on your computer, to personalize the content and advertisements provided to you; to fulfill your requests for products, programs, and services; to communicate with you and respond to your inquiries; to conduct research about your use of the Products, Services and/or web sites, offerings and advertisements presented on SpeedBit Products, Services, email communication, web sites and pages; and to help offer you other products, programs, or services that may be of interest.
While using the product, users may receive in-context services, advertisement and offers (in the form of banners or textual references such as Google's AdSense(tm) ads on a web site) (hereafter: In Context References), to be presented within the product interface. These In Context References are selected based on non-personally identifiable information such as: which files were downloaded, the source server from which files were downloaded, a userÆs geographical location, and a userÆs operating system or browser type. Such In Context References, if presented, will always be offered and selected anonymously - without personally identifying specific users.
Your Personally Identifiable Information will not be shared with third parties unless you have consented to the sharing of this information. SpeedBit may use your information to present offers to you on behalf of business partners and advertisers. These business partners and advertisers may receive aggregate data about various groups of SpeedBit users, but they do not receive information that personally identifies you.
Your information may be accessed and disclosed if required by legal procedures.
Special notice regarding In Context References: SpeedBit does not gather or track any personal information of the users who view or response to In Context References, and SpeedBit does not provide such information to advertisers when you interact with or view In Context References. However, by interacting with, viewing or clicking an In Context Reference, you are consenting to the possibility that the advertiser will make the assumption that you, as an anonymous user, meet the targeting criteria used to display the ad. For example, if an advertiser targets its ad at the keyword "ICQ", the advertiser may reasonably deduce that a user downloaded a file named 'icq.exe' (or similar) and/or downloaded a file from the site www.icq.com.
Special notice regarding Transaction-Related Information - Transaction-Related Information submitted during the purchase or the trial order of Paid Products or Paid Services is collected either by SpeedBit or by its payment processing partners. Except as necessary for the purpose of routine processing of payments, SpeedBit does not share credit history or Transaction-Related Information with other companies or third parties, unless compelled by law or court order to do so.
A special note regarding e-mail address
=========================================
Please note that during the installation / registration of the Products / Services you may be requested to provide a valid email address in order to enable the respective process, to enable SpeedBit team to provide you with email support and in order to allow SpeedBit to contact you, from time to time, via email communication, with news and updates about products and services (such as: new releases, new features, special offers).
If you wish, at any time, to remove your email address from any of the above mentioned email mailing lists and stop receiving future email communications from SpeedBit you may unsubscribe by an email to: emailunsubscribe@speedbit.com.
For your convenience, email communication from SpeedBit contains instructions regarding how to unsubscribe from SpeedBit email mailing lists.
The Fileratings.com newsletter - The Fileratings.com service includes an optional periodic newsletter about popular downloads, files reviews, blogs, updates, offers and recommendations. Fileratings.com's mailing list is separate from SpeedBit's other email communication, so if you want to subscribe or unsubscribe from Filerating's newsletter, you must follow its procedures. Fileratings.com unsubscribe instructions are in the footer of each newsletter, or you can send your request to fileratings_unsubscribe@speedbit.com.
Do we know who downloads a specific file?
=========================================
The architecture of SpeedBit Products and Services was built to provide our users with a rich user experience and functionality while protecting our usersÆ privacy. As a result the files you choose to download using Download Accelerator are your own private matter. We do not collect information about which files a certain user is downloading or who downloads a specific file.
Furthermore, in order to provide our users with additional services and information that may relate to specific files, the architecture of SpeedBit Products and Services enables SpeedBit to provide users with such information, while preserving usersÆ anonymity.
Cookies
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SpeedBit may use Cookies or Similar Technologies to enhance and personalize your experience on the Products, Services and on SpeedBit's web sites, including to operate and improve offerings through the Products, Services and/or web sites.; to help authenticate your identity when you visit and transact with the Products, Services and/or web sites.; to remember your preferences and registration information; enable a shopping cart; to present and help measure and research the effectiveness of the various offerings, advertisements, and e-mail communications (by determining which e-mails you open and act upon); and to customize the content and advertisements provided to you.
Additionally, SpeedBit or its advertisers may use other companies known as third party ad servers to help present advertisements online in connection with the Products, /Services and/or web sites. These third party ad servers may use cookies or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies, not SpeedBit's.
SpeedBit does not require that you accept cookies, and you may disable cookies at any time. However, some functionality of our Products, Services and/or web sites may be impaired if you decline to accept cookies.
Communication with SpeedBit and postings on the products/services and web sites
Please note, that SpeedBit does not want to receive any confidential, secret or proprietary information and material from you through SpeedBit's web sites, e-mail addresses, SpeedBit Products and Services or in any other way. Any information or material submitted or sent to SpeedBit, will be deemed not to be confidential or secret. By submitting or sending documents, information or other material ("Material") to SpeedBit you (1) warrant that you have no rights of any kind to the Material; that to the best of your knowledge no other party has any rights to the Material; (2) grant SpeedBit an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Material, and you further agree that SpeedBit is free to use any ideas, know-how, concepts or techniques you send us for any purpose.
Special terms applicable to some of SpeedBit's services
=========================================
SpeedBit offers several services which may be accessed through a Product (e.g. Always Resume service and the DAP Drive service accessible through Download Accelerator Plus product). Such services require that you will open a personal account (either free or paid for) in order to allocate resources (bandwidth and/or storage space) for you to allow the hosting of files that are downloaded or uploaded through such services.
Please note that on such services the hosted files are managed in conjunction to your personal account based on the available resources you are still entitled to use.
Special Note for Parents
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SpeedBit Products and Services are intended for a general audience, and children under the age of thirteen (13) are not permitted to register with SpeedBit Products and Services.
No Evil, No Spyware, No Threat
=========================================
SpeedBit is committed to its users' and highly regards their privacy. SpeedBit pledges to you that it does NOT contain any spyware/adware or any other type of threat.
Download Accelerator overall operation and advertising conduct has been examined, reviewed and trusted by the leading vendors, among them: Symantec\Norton AntivirusÖÖ, AdawareÖ, Computer AssociatesÖ, Spyware DoctorÖ, WebrootÖ, McAfeeÖ and more (http://www.speedbit.com/SFree.asp).
Changes to this Privacy Policy
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We may occasionally update this Privacy Statement to reflect changes in our products, services, web sites and customer feedback.
If there are significant changes in the way we treat personal information, we will notify you about such changes by placing a prominent notice on our site (at: www.speedbit.com) prior to implementing the change.
We encourage you to periodically review this Privacy Policy to be informed of how SpeedBit is protecting your information. At all times, the latest version of this Privacy Policy will be published on the following link and shall be binding and supersede any other version HTTP://WWW.SPEEDBIT.COM/LEGAL/DAPLICENSEANDPRIVACY.ASP.
General Terms
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PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING DOWNLOAD ACCELERATOR PLUS AND ANY OTHER SOFTWARE, LANGUAGE PACK, MEDIA CENTER, FTP BROWSER, ADD-ONS, UPGRADES OR UPDATES AND RELATED MATERIALS, AND ANY OTHER PRODUCTS OF SPEEDBIT SUCH AS, BUT NOT LIMITED TO, THE SPEEDOPTIMIZER (THE "PRODUCTS") AND ALL SERVER-SIDE RELATED SERVICES SUCH AS, BUT NOT LIMITED TO : THE ALWAYS RESUME SERVICE, THE MIRROR SEARCH SERVICE, POPULAR DOWNLOADS SERVICE, ALTERNATE LINK SERVICE, REVIEWS SERVICE AND SUBSCRIPTION SERVICES AND OTHER SERVICES OF SPEEDBIT SUCH AS, BUT NOT LIMITED TO: THE DAP DRIVE AND THE MAIL ACCELERATOR SERVISE (THE "SERVICES"), AND SPEEDBIT WEB SITES AND PAGES SUCH AS, BUT NOT LIMITED TO: DOWNLOADACCELERATOR.COM, SPEEDBIT.COM, SPEEDOPTIMIZER.COM (THE "WEB SITES"),YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY.
BY CLICKING THE "I ACCEPT" BUTTON AND/OR INSTALLING AND/OR USING THE PRODUCTS, SERVICES, OR WEB SITES YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT INSTALL OR USE THE PRODUCTS, SERVICES OR WEB SITES AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE MEDIA.
THIS PRIVACY POLICY IS INCORPORATED BY REFERENCE INTO THE DOWNLOAD ACCELERATOR PLUS LICENSE AGREEMENT, THE LATEST VERSION OF WHICH CAN BE FOUND AT ALL TIMES AT HTTP://WWW.SPEEDBIT.COM/LEGAL/DAPLICENSEANDPRIVACY.ASP ("LICENSE AGREEMENT"/"AGREEMENT").
"ADD-ONS" - REFERS TO ALL SOFTWARE ADD-ONS, SUCH AS SKINS, FUNCTIONAL AND/OR CONTENT AND/OR SERVICES TABS (I.E.: GAMES TAB, SHOPPING TAB), DESKTOP SHORTCUT ICONS (I.E.: DAP SHORTCUT ICON, DAP GAMES CENTER SHORTCUT ICON) WHICH MAY BE MADE AVAILABLE FROM TIME TO TIME BY EITHER SPEEDBIT AND/OR ANY OTHER THIRD-PARTY, TO BE USED IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES. PLEASE NOTE THAT THE ABOVE MENTIONED CONTENT AND SERVICES TABS MAY INCLUDE CONTENT, MATERIALS AND SERVICES PROVIDED AND/OR POWERED BY THIRD PARTIES, FOR WHICH SPEEDBIT IS NOT RESPONSIBLE AND CANNOT BE HELD LIABLE FOR AND WHICH MAY BE COVERED BY SEPARATE LEGAL, COMMERCIAL AND PRIVACY PRACTICES. PLEASE CONSULT THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY STATEMENTS OF SUCH THIRD PARTY PROVIDERS TO LEARN MORE ABOUT THEIR PRACTICES. SPEEDBIT RESERVES THE RIGHT TO AMEND, DISCONTINUE AND/OR TERMINATE AND/OR LIMIT AND/OR DISABLE AND/OR CANCEL THE AVAILABLE ADD-ONS, OR ANY PART THEREOF, AT ANY TIME, AT ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU.
DOWNLOAD ACCELERATOR PLUS (DAP) END USER LICENSE AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY USING THIS PRODUCT AND/OR SERVICES AND/OR SPEEDBIT WEB SITES YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
THIS VERSION OF DOWNLOAD ACCELERATOR PLUS AND ANY OTHER SOFTWARE, LANGUAGE PACK, MEDIA CENTER, FTP BROWSER, ADD-ONS, UPGRADES OR UPDATES AND RELATED MATERIALS (THE "PRODUCT") AND ALL SERVER-SIDE RELATED SERVICES SUCH AS, BUT NOT LIMITED TO : THE ALWAYS RESUME SERVICE, THE MIRROR SEARCH SERVICE, POPULAR DOWNLOADS SERVICE, ALTERNATE LINK SERVICE, REVIEWS SERVICE, FILE SEARCH SERVICE AND SUBSCRIPTION SERVICES (THE "SERVICES"), ARE LICENSED TO YOU BY SPEEDBIT LTD. ("SPEEDBIT") SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "I ACCEPT" BUTTON, INSTALLING OR USING THE PRODUCT OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THE PRODUCT OR SERVICES AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE MEDIA.
SPEEDBIT MAY REVISE THE TERMS OF THIS AGREEMENT TO REFLECT CHANGES IN OUR PRODUCTS, SERVICES, WEB SITES AND CUSTOMER FEEDBACK.
IF THERE ARE SIGNIFICANT CHANGES TO THIS AGREEMENT, WE WILL NOTIFY YOU ABOUT SUCH CHANGES BY PLACING A PROMINENT NOTICE ON OUR SITE (AT: WWW.SPEEDBIT.COM) PRIOR TO IMPLEMENTING THE CHANGE.
WE ENCOURAGE YOU TO PERIODICALLY REVIEW THIS END USER LICENSE AGRREMENT TO BE INFORMED OF THE TERMS OF USE OF OUR PRODUCTS SERVICES AND WEB SITES. AT ALL TIMES, THE LATEST VERSION OF THIS END USER LICENSE AGRREMENT WILL BE PUBLISHED ON THE FOLLOWING LINK AND SHALL BE BINDING AND SUPERSEDE ANY OTHER VERSION HTTP://WWW.SPEEDBIT.COM/LEGAL/DAPLICENSEANDPRIVACY.ASP.
CHILDREN UNDER THE AGE OF 13 ARE NOT ELIGIBLE TO USE THE PRODUCT OR SERVICES, AND WE ASK THAT MINORS NOT SUBMIT ANY PERSONAL INFORMATION TO US. IF YOU ARE UNDER 13 YEARS OLD PLEASE DO NOT USE OUR PRODUCT OR SERVICES.
THIS PRODUCT AND SERVICES RELATED THERETO ARE COVERED UNDER UNITED STATES PATENT NOS. 6,339,785, 6,377,974 AND 6,606,646. OTHER PATENTS PENDING.
License
=========
Subject to the terms and conditions of this agreement, SpeedBit hereby grants you a non-exclusive, non-transferable, non-sublicensable, license to use the Product, Services and Add-Ons, on an As-Is basis, for your personal, non-commercial use only. Any commercial use of the Product, Services and Add-Ons is strictly forbidden, under this Agreement. If you wish to engage in any kind of commercial use of the Products, Services or Add-Ons, you are required to obtain SpeedBit's expressed prior written consent to such use, as well as an appropriate commercial license to use the Product, Services or Add-Ons by contacting SpeedBit via email to the following email address: bizdev@speedbit.com.
Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Product or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without a prior written permission of SpeedBit; or (d) use any Paid Product or Paid Service in a manner violating, or exceeding the relevant "Paid Service Terms" or "Paid Product Terms" of Speedbit, as further detailed below; or (e) use the Product, Services and/or Add-Ons not in compliance with all applicable laws, regulations and government authorizations, including but not limited to export control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy related laws, regulations and authorizations; (f) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Products, Services and/or Add-Ons, for commercial purposes, or in a commercial manner.
"Add-Ons" - refers to all software add-ons, such as skins, functional and/or content and/or services tabs (i.e.: Games tab, Shopping tab), desktop shortcut icons (i.e.: DAP shortcut icon, DAP Games Center shortcut icon) which may be made available from time to time by either Speedbit and/or any other third-party, to be used in connection with the Products and/or Services. Please note that the above mentioned content and services tabs may include content, materials and services provided and/or powered by third parties, for which Speedbit is not responsible and cannot be held liable for and which may be covered by separate legal, commercial and privacy practices. Please consult the applicable terms and conditions and privacy statements of such third party providers to learn more about their practices. SpeedBit reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel the available Add-Ons, or any part thereof, at any time, at its sole discretion and without notice to you.
Without limiting the above, as part of the foregoing license you are hereby granted a non-exclusive, non-assignable, non- sublicenseable worldwide license under SpeedBit's United States Patent Nos. 6,339,785, 6,377,974 AND 6,606,646, including any continuation, continuation-in-part, divisional or counterpart thereto worldwide. The license under the above patents shall be subject to all the other terms and conditions of this Agreement and shall not be construed so as to grant you any right which is not explicitly granted in this Agreement.
Proprietary Rights
====================
SpeedBit retains sole and exclusive ownership of all rights, title and interests in the Product and Services and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Product and Services and the technology related thereto. Title and related rights in the content downloaded with this Product is the property of the applicable content owner and is protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
Copyright Infringement Policy
==========================
SpeedBit is committed to protecting the rights of intellectual property (including copyrights) holders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. SpeedBit respects the intellectual property of others, and we ask our users to do the same.
Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and SpeedBit reserve the right to undertake appropriate steps against copyright repeat offenders.
SpeedBit has no responsibility for content of other owners that you may find, access, download, upload when using SpeedBitÆs products or services. Any such Material may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use that are posted by the respective owners of those materials, and not SpeedBitÆs, govern your use of that material. You are responsible for complying with all laws and regulations applicable to the material that are made available or download.
You explicitly acknowledge that downloading some files may require authorization and may be subject to restrictions. You hereby undertake to determine what restrictions apply, to comply with all applicable restrictions and to obtain all necessary authorizations.
The license to use the Product and Services granted hereunder, is conditioned upon your agreement not to use the Product and Services to infringe the intellectual property rights of others in any way.
SpeedBit, at its sole discretion, may terminate this Agreement with users who are infringers of the copyrights, or other intellectual property rights, of others.
In addition, It is SpeedBitÆs policy, in appropriate circumstances, at its discretion and in accordance with the required under the applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Without limiting any of the foregoing or hereunder, SpeedBit will act expeditiously to process any notices of alleged intellectual property infringement.
SpeedBit's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o SpeedBit Ltd. c/o Law Offices of Oscar Folger
521 Fifth Avenue, 24th floor
New York, New York 10175-0003
By fax:
212-697-7833
By email:
IP@speedbit.com
Note - Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment can not be received or processed.
Indemnification
==================
You hereby undertake to comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy and export laws. You agree to indemnify SpeedBit and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your illegal, unauthorized or abusive use.
Mirror Search Service
==================
When using the Product, you are powered with the Mirror Search service that is designed to improve your downloads by providing you with a broader list of additional and/or alternative servers ("Mirror Servers") where the file deemed to be the file you requested to download, may be hosted. Your download request will be then directed to the most responsive Mirror Server and so you can enjoy a faster download.
In order to search for the most responsive Mirror Servers for the file you wish to download, an anonymous query (that has no personally identifiable information about you) will be made to SpeedBitÆs Mirror Servers Directory, containing file related information such as: file name, file size and the download URL of the requested file ("Download Locations"). Such Download Locations are added to SpeedBitÆs Mirror Servers Directory and may be made available to other users using the Product or Services.
You may opt-out of the Mirror Search Service by clearing the checked box that reads 'Automatically start searching files in Mirror Search engines' at the Configuration screen. If you choose not to use the Mirror Search service, your download will be initiated from the server you have originally approached.
Without limiting any of the following, SpeedBit reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel the Mirror Search Service, or any part thereof, at any time, at its sole discretion and without notice to you.
Third Party's Content
========================
The Product and Services enable you to enhance delivery of content from the Internet, and/or manage such content (such as: (i) through the Mirror Search Service where you may be provided with a broader list of additional and/or alternative servers ("Mirror Servers") where the file deemed to be the file you requested to download, may be hosted, and (ii) through the "Preview" feature, which enables you to preview the content of some of the downloaded media file(s), and (iii) through the "Media Center" which enables you to view, play, find, delete, add and otherwise manage media files, that has been downloaded through the Product and/or exists on your computer, and (iv) through the "FTP Browser" which enables you to access and download files from FTP sites), and (v) through the "Subscription" functionality, which enables you to subscribe to various content channels, such as: games, movies, software, music, as may be available from time to time, and (vi) the "Alternate Linksö service through which you may be offered, if available, links which appear to direct to: (a) alternate locations which appears to contain designated file(s); (b) additional files which appear to be contained under the same designated location, and (vii) the File Search service which enable you to search for files that were downloaded by the users of the Product, and (viii) the Fileratings.com site which enables you to find pouplar downloads by the users of the Product. All title, ownership and intellectual property rights in and to the content, material and files downloaded or otherwise accessed through the Products and/or Services ("Content"), are and shall be retained by the applicable Content owner and may be protected by applicable laws, including copyright and other intellectual property laws. NO license and/or any other rights to such Content are granted under this Agreement.
SpeedBit does not control the content of files and information that may be downloaded through the use of the Product and Services or otherwise played, viewed, managed and/or accessed through them. SpeedBit does not endorse, the contents of any information or data, accessed through the use of the Product or Services, and does not warrant or guarantee that such information or data is free of errors or viruses. SpeedBit shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the files and information accessed through the use of the Product or Services, nor to the right to make such information available or accessible. The use of any files is at your sole responsibility and SpeedBit explicitly disclaims any responsibility to the use or misuse of any file. THE INCLUSION OF ANY LINK OR LISTS OF DOWNLOADING LOCATIONS DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY SPEEDBIT.
Advanced Triggering feature
========================
The Product powers users of IE browser with an optional Advanced Trigging feature ('Use advanced triggering' at the Configuration screen), allowing the triggering of download links that may not be triggered due to various web sever settings.
The advanced triggering feature is disabled in the Product default setting, and may be enabled only if you choose to check the respective check box.
Please note that if you choose to activate the Advanced Triggering feature, the Product will integrate a BHO (Browser Helper Object) into the IE browser, solely for the purpose of enabling the Advanced Triggering feature.
In addition, please note that, in some cases, the Advanced Triggering feature may trigger the download of files that may have not meant to be downloaded (such as: CAB files).
If you choose to activate the Advanced Triggering feature, you may, at any time, disable it by clearing the respective check box at the Configuration screen; the triggering of the above mentioned files will be stopped and the BHO integration will be removed.
Additional terms and conditions
====================
Please Note that in order to access and/or use certain services provided through the Product (such as, but not limited to, Alternate links and Reviews services) you may be required to read and agree to or expressly indicate your acceptance to additional specific terms and conditions, as indicated in conjunction with such services.
Advertisements
================
During the use of the Product, Services and/or Add-Ons, you may be shown advertising, marketing offers, and other promotional information, made available by SpeedBit or by third parties.
This Agreement does not cover the information practices exercised by other providers of products or services, advertisers, or other websites SpeedBit is not responsible for the privacy practices exercised by any such providers. Please consult the privacy statement of these providers to learn more about their privacy practices.
Unless otherwise stated, SpeedBit has no ownership or interest in any products, services, or other advertised items and does not check, verify or moderate the content or the nature of the advertisements or the products and services advertised on the Product or through the Services. SpeedBit makes no warranty, either express or implied, as to these other products, services, or other advertised items and the use thereof. Advertisements are shown by using your Internet connection.
Paid Products or Paid Services
================================
SpeedBit may, from time to time, offer special versions of the Product (such as DAP registered version 'Premium') or Services (such as the Always Resume service packages) (the "Paid Product" or "Paid Service"). If you are using a Paid Product or Paid Service, and/or a trial version of such Paid Products or Paid Services, you shall be subject to the specifications, features, scope and duration of such Paid Product or Paid Service and to additional terms and conditions applicable to such Products or Service, which are available in conjunction with the purchase of or registration for such Product or Service, as well as posted in other ways such as: through our website, through email, through pop-up announcements ("Paid Service Terms" or "Paid Product Terms").
All such terms and conditions are hereby incorporated by reference into this Agreement.
To avoid any doubt the purchasing of a Paid Product does not include any right in the Paid Services and vise versa, and purchasing either Paid Product or Paid Services does not include any right in the content or services made available through add-ons, unless it was otherwise stated.
Registration Process
======================
The Paid Product or Paid Service may require additional registration codes, passwords, or identification numbers ("Code"). Speedbit shall issue you a unique Code for the registration process. The Code shall enable the use of the Paid Product or Paid Service, and shall correspond to a single designated computer on which your Paid Product is installed or from which your Paid Service is activated. Please note that various technological measures (such as: client-server procedures) may be used by Speedbit to protect SpeedBit's intellectual property rights, prevent the unauthorized use of the Paid Product or Paid Service, and for security purposes. You hereby agree to such measures, as shall apply to the Paid Product or Paid Service from time to time.
You will bear the sole responsibility for (1) maintaining the strict confidentiality of any Code assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your Code. Speedbit shall not be liable for any harm related to the theft of your Code, any disclosure of your Code, or your authorization to allow another person or entity to access and use the Product or Service using your Code. You agree to immediately notify Speedbit of any unauthorized use of your Code.
Fees and Payments
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If you are using a Paid Product or Paid Service, you shall pay SpeedBit the applicable fee posted by SpeedBit subject to the payment terms and Paid Service or Paid Product Terms set therein. All fees and payments hereunder are exclusive of taxes, duties, levies, V.A.T and other charges. SpeedBit exercises no control over these charges and cannot predict what they may be. You are exclusively responsible for determining which additional charges apply to your transactions and for covering any such applicable duties. SpeedBit may, at its sole discretion change the applicable fees and/or terms and/or Paid Service or Paid Product Terms at any time. Please note that if you fail to fully exploit a Service within the service period you paid for, or if you do not use the entire quantity of the Service you paid for, you will NOT be entitled to recover such unused portions of the Service, including without limitations, to: (i) carry such unused portions of the Service for an additional period; (ii) to receive refund of any fees paid under the Service Terms of such Service; or (iii) to any other remedy.
Term and Termination
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This Agreement shall commence upon your use of the Product or Services. Either party may terminate this Agreement at any time by giving written notice. SpeedBit's notice may be delivered to you either by email or by the posting of such termination notice on SpeedBit's website - www.speedbit.com. Your written notice should be delivered to Speedbit by email to the following email address: info@speedbit.com.
Termination notice may be given provided that SpeedBit will not terminate a license to use a Paid Product except as described in this section hereunder, and that if you are terminating a license for a Paid Product or a Paid Service you will not be entitled to a refund of the License Fee. Without prejudice to any other rights, SpeedBit may terminate this Agreement and/or limit or revoke access to any free or paid Product or to any free or paid Service at any time, with immediate effect, and without penalty, if you fail to comply with the terms of this Agreement. Upon termination, you shall destroy all copies of the Product.
Amendment of Product or Services
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The Product, functions, features and any Services, provided by SpeedBit may change from time to time. SpeedBit reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any Service provided by SpeedBit or any part thereof at its sole discretion and without notice to you, provided that where a Paid Service is terminated during the Service period you paid for, you may be entitled for a refund for the unused portion of such Paid Service. Please note that: (i) newer versions of the Product, Services or Add-Ons may include features which were previously available only through the purchase of Paid Products and/or Paid Services, and; (ii) receipt of additional features, add-ons, modifications, improvements etc. to your current version of the Products and/or Services may be subject to payment of additional fees. The latest versions of the Product, Services or Add-Ons, are available at SpeedBit's website - WWW.SPEEDBIT.COM. You hereby agree and acknowledge that SpeedBit is permitted to limit, disable, eliminate or cancel some or all of the functionality of the Product (excluding the Paid Product). SpeedBit reserves the right to discontinue the release and support of any version of the Product/Paid Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations.
Disclaimer of Warranty and Liability
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SPEEDBIT EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO: (A) THE PRODUCT, SERVICES OR ANY INFORMATION DELIVERED OR SENT BY SPEEDBIT OR ANY THIRD PARTY THROUGH THE PRODUCT OR SERVICES; AND (B) WITH RESPECT TO CONTENT PLAYED/ VIEWED/ TRANSMITTED /POSTED /SUBMITTED AND/OR MANAGED THROUGH OR IN CONNECTION WITH THE PRODUCT AND/OR SERVICES. THE PRODUCT AND SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT AND/OR SERVICES MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM AND/OR A BROWSER WHICH ARE NOT INCLUDED IN SPEEDBIT'S SUPPORTED PLATFORMS OR SUPPORTED BROWSERS LIST, POSTED ON SPEEDBIT'S WEBSITE - WWW.SPEEDBIT.COM ) OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN AND/OR TO YOUR JURISDICTION.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SERVICES IS BORNE BY YOU. THIS PRODUCT AND/OR SERVICES ARE NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT OR SERVICES FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT AND SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT AND SERVICES SUFFICIENTLY MEETS YOUR REQUIREMENTS.
SPEEDBIT DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE PRODUCT OR SERVICES OR ANY ADD-ON DOWNLOADED FOR THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.
YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT THE PRODUCT IS NOT EXPORTED IN VIOLATION OF SUCH APPLICABLE LAWS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
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IN NO EVENT WILL SPEEDBIT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT AND/OR SERVICES AND/OR ADD-ONS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF SPEEDBIT FOR ANY DIRECT DAMAGES SHALL BE THE REPLACEMENT OF THE PRODUCT OR RENEWAL OF THE SERVICE. IN THE EVENT SUCH REMEDY IS NOT FEASIBLE SPEEDBIT's LIABILITY SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU FOR THOSE PRODUCTS OR SERVICES AND IN ANY CASE SHALL BE NO MORE THAN $15.
Dap Download Security Feature Powered by Zone Labs
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The DAP Download Security Feature powered by Zone Labs alerts you of possible risks and allows you to make a determination for yourself on the potential effect identified programs, files or download pages/URLs may have on your system. If you choose not to download or install or to delete a certain file following such determination by Zone Labs, you should be aware that it may be in violation of other license agreements you have knowingly or unknowingly agreed to, or may constitute a potential violation of a third party license and all such consequences are your responsibility. Zone Labs has no ability to verify what, if any, third party agreements you may have agreed to.
Language Packs
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SpeedBit may, at its sole discretion, offer language packs to enable speakers of languages other than English to use their native languages in the Product. SpeedBit does not and cannot guarantee that the language packs will be available in any languages other than those actually made available by SpeedBit. To avoid any doubt, you explicitly agree that the English version (including the license agreement relating thereto) will prevail in any matter related to the Product.
Miscellaneous
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(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Haifa shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of SpeedBit. Upon reasonable notice to you, SpeedBit may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Copyright (c) 2000-2007 SpeedBit Ltd. All Rights Reserved
