You have selected to register for use of the BSpam spam blocking service (the "Service"). The Service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use ("Agreement").

1. Description of Services
Subject to your compliance with the terms and conditions of this Agreement, Pro Softnet will provide You with the following service (the "Basic Service") : (a) Pro Softnet will allow users to download the BSpam plugin and establish connection to the BSpam servers using your ISP's services. (c) In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access.

2. Conditions of Use
Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (c) not access or attempt to access any Service account for which You have no access authorization.

3. Email Privacy and Spam Classification Process and Accuracy
BSpam uses a unique technology that involves comparison of checksums generated on the emails and SpamRank ^TM system which is based on voting pattern on spam worthiness of an email. User’s email data is not stored on BSpam servers, only the checksum values and voting pattern may be stored.
BSpam does not delete any emails from user’s email system. It only classifies emails into Spam and Non-Spam emails. All Spam emails are moved to a specific folder.
As with other spam blocking products, BSpam is not 100% perfect. Some legitimate emails may be classified as spam. Users are advised to periodically check spam emails to find legitimate emails, if any. BSpam does not guarantee that the classification process is 100% accurate.

4. Trial Period/Charges for BSpam Service
BSpam will charge a one-time payment as service fee. There may be a trial offer that may last a limited period. Users will need to register and pay for the service for continued use of the product beyond the trial period.

5. Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR EMAIL CLIENT AND THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pro Softnet, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT THE SERVICE MAY NOT MEET YOUR NEEDS. Pro Softnet MAKES NO REPRESENTATION OR WARRANTY: (A) THAT THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (D) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

6. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL PRO SOFTNET CORP., ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFITS, DATA OR OUTPUT FROM THE SOFTWARE BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF PRO SOFTNET CORP. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. IN NO EVENT SHALL PRO SOFTNET CORP. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE PRO SOFTNET CORP. SOFTWARE, EVEN IF PRO SOFTNET CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PRO SOFTNET CORP.S' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE PRO SOFTNET CORP. SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

7. Indemnification
You will defend, indemnify and hold Pro Softnet, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Your use of the Service and any violation of this Agreement by You.

8. Termination
Either you or Pro Softnet may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph below. Further, if Pro Softnet believes that You have violated Your obligations under this Agreement, Pro Softnet may, at its option and in addition to its other remedies, immediately and without notice, suspend providing you the service or terminate this Agreement. Pro Softnet will not be liable to You or any third party for any suspension or termination of the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify Pro Softnet of such termination. Upon any termination of this Agreement, You will cease use of the Service.

9. Notices
Any notice under this Agreement given by You to Pro Softnet will be deemed to be properly given if received by e-mail sent to Pro Softnet's Customer Service at support@bspam.com. It is important that you maintain a correct working e-mail id to receive Pro Softnet's communication.

10. Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

11. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by Pro Softnet from time to time. Upon any such change, there will be an updated version of this Agreement posted on the Pro Softnet's BSpam website located at http://www.bspam.com. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.

12. Miscellaneous
Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. Pro Softnet's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.