Terms of Service Use
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING FOR UNSPAM'S PROJECT HONEY POT SERVICE. YOUR APPLICATION TO REGISTER WITH PROJECT HONEY POT INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT APPLY TO BE A PART OF PROJECT HONEY POT.
This agreement ("Agreement") between You and Unspam Technologies, Inc ("Unspam") consists of these Terms of Service Use ("Service Terms") for Project Honey Pot ("PHP"). Where applicable, this Agreement includes and incorporates by reference the Software License Agreement that accompanies these Service Terms. PHP includes, but is not limited to, the software used to interface with the Honey Pot-serving technology, the software used to administer the Project Honey Pot service, the software used to test MX entries donated to Project Honey Pot, the software used to test the correct installation of the Project Honey Pot Authorized Access Software (defined below), the http:BL DNS service, the http:BL API, the IP Space Monitor service, any content generated through the Project Honey Pot Authorized Access Software, and any Project Honey Pot websites. "You" means any entity identified in an application form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
Participation in PHP is subject to Your continued compliance with these Service Terms. Unspam reserves the right to refuse or revoke participation by any applicant or participant at any time in its sole and complete discretion. By enrolling in the Program, You represent that You are at least 18 years of age and will comply with the terms of this Agreement. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized by Unspam in writing.
SECTION 1: DISPLAYING PROJECT HONEY POT ADDRESSES
As part of PHP, You may choose to include addresses on Your website generated by PHP's Honey Pot-serving technology that uniquely correspond to a particular visitor to Your website ("Honey Pots"). If You elect to display Honey Pots on Your website(s) ("Website(s)") You agree that Unspam may serve these Honey Pots, and any other web content, using Unspam's Honey Pot-serving technology. You agree to comply with the specifications provided by Unspam to enable proper delivery, display, tracking, and reporting of Honey Pots in connection with Your Website(s). This includes without limitation not modifying in any way the software provided to access Unspam's servers ("Authorized Access Software") unless the software is completely disengaged from the PHP service or as otherwise authorized in writing by Unspam. Any modifications to the Authorized Access Software must also comply with the terms of the accompanying Software License Agreement.
You agree that You shall not, and shall not encourage any third party to, directly or indirectly send any email messages to Honey Pots displayed on Your Websites except under the exact specifications provided by Unspam (i.e., displaying Honey Pots through the Authorized Access Software, without modification to the accompanying website content or the format or display of the Honey Pots, and without any overt encouragement or suggestion human visitors send to Honey Pots or visit page(s) containing Honey Pots).
You are solely responsible for Your Website(s), including all content and materials, maintenance, bandwidth, network administration costs, operation, proper implementation of Unspam's specifications, and adherence to these Service Terms. Unspam reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to gather Honey Pots, send email messages to any Honey Pot, use non-Authorized Access Software to access the Honey Pot-service technology, or repeatedly execute the Authorized Access Software. Unspam is not responsible for anything related to Your Website(s), including without limitation the receipt of queries from end users of Your Website(s), any increased bandwidth or network administration costs, or the transmission of data between Your Website(s) and Unspam. In addition, Unspam shall not be obligated to provide notice to You in the event that Honey Pots and/or other content are not being displayed properly to visitors to Your Website(s).
You acknowledge that Honey Pots and other content displayed on Your Website(s) through the Authorized Access Software may be generated at random and may contain content that is inappropriate, embarrassing, or may be otherwise viewed as harmful. You agree that Unspam shall not be liable for any randomly-generated content, including, but not limited to, the text of any Honey Pot address displayed on Your Website(s).
SECTION 2: DONATING MX ENTRIES TO PROJECT HONEY POT
As part of PHP, You may choose to donate a domain or subdomain You control so PHP may use the domain or subdomain to create Honey Pots. If You elect to donate domain(s) or subdomain(s) ("Domain(s)") to PHP and modify Your DNS record(s) to include a mailexchanger entry ("MX Entry") under the specifications provided by Unspam, such that mail sent to those Domains will be directed to Unspam, You agree that Unspam may act as the mail server for any email messages sent to those Domains. You accept that Unspam owes no duty to store, maintain, forward, summarize or otherwise provide information on any messages sent through a designated MX Entry or created with a donated Domain. You also accept that Unspam may generate Honey Pots by combining the domain or subdomain covered by the designated MX Entry with random user names. Unspam may display these Honey Pots on any Websites participating in PHP.
By donating a Domain You agree to provide a license to Unspam to use that domain in order to generate Honey Pots. This license includes any trademark, copyright or other intellectual property rights covering the Domain and necessary for statistical reporting and/or display on any PHP website or any third-party websites participating in PHP. You may revoke the license to generate new addresses using a Domain at any time by deleting the MX Entry which routes mail to Unspam's servers and notifying Unspam of the deletion through the mechanism provided on the PHP website. As part of the license, You acknowledge that already-distributed Honey Pots are beyond Unspam's control and may generate traffic to Your network even after the termination of the license. Unspam shall not be liable for any increased traffic to Your Domain(s) or harm to Your good will or trademark due to the distribution of these Honey Pots. Furthermore, You agree data gathered from already-distributed Honey Pots may continue to be used for statistical reporting as well as any legal actions brought against senders of bulk mail even after the termination of the license as more fully set forth in Section 13 below.
You agree that Unspam shall bear no responsibility for Your correctly modifying Your DNS records, nor shall Unspam be liable for any damage that results from an incorrect modification. Unspam may provide instructions on how to modify Your DNS records. It is Your responsibility to ensure that the instructions are both correct and appropriate for Your particular situation. You acknowledge that You and You alone are responsible for any damage that results from the modification of Your DNS as part of PHP. You acknowledge that Honey Pots created in combination with Your Domain(s) may be generated at random and may contain content that is inappropriate, embarrassing, or may be otherwise viewed as harmful. You agree that Unspam shall not be liable for any randomly-generated content, including, but not limited to, the text of any Honey Pot address including Your Domain(s).
SECTION 3: HTTP:BL SERVICE
As part of PHP, You may choose to query data from the HTTP:BL service. If you choose to do so, you will be provided an Access Key. This Access Key is confidential information linked to Your account and provided to You alone. It is a violation of this Agreement for You to share, distribute, or otherwise provide to third parties Your Access Key without express, written consent from Unspam. You acknowledge that the Access Key remains the property of Unspam and may be revoked at any time and for any reason. You further acknowledge that Unspam may terminate service for accounts which it determines are abusing the HTTP:BL system, submitting excessive queries, using excessive bandwidth, or engaging in other behavior which may harm the HTTP:BL service, Project Honey Pot, or Unspam. It is Unspam's sole discretion to make determinations regarding any account's termination.
You agree that the HTTP:BL service is exclusively designed to provide information on web traffic. It is a violation of this agreement to use the HTTP:BL service to receive information in order to block email traffic. You acknowledge that using this service to block email traffic may result in a large number of false positives and legitimate email senders being blocked. You agree that it is a violation of this Agreement to use information provided by the HTTP:BL service to block email. Use of HTTP:BL to block email subjects you to the immediate revocation of your Access Key and potential additional sanctions.
Unspam has no duty to provide the HTTP:BL service free of interruption. Unspam shall not be obligated to provide You notice in the event that HTTP:BL is not functioning properly or as expected. You agree that Unspam shall bear no responsibility for the information provided through HTTP:BL being correct or fit for any particular purpose. If You choose to block, filter, or otherwise restrict access to your website based on HTTP:BL data that decision is Yours and Yours alone. You explicitly acknowledge that HTTP:BL and PHP are not filtering services and do not block or otherwise restrict any access to Your websites. You warrant that Your choice to block or otherwise restrict access to Your website is done without instruction or influence from Unspam.
SECTION 4: IP SPACE MONITOR SERVICE
As part of PHP, You may choose to receive notice about IP space through the IP Space Monitor Service. You agree that You will only use the IP Space Monitor for reports on IP Space you control or otherwise use. Unspam may restrict the total number of IP addresses monitored by Your account at any time and for any reason.
Unspam has no duty to provide the IP Monitor Report service free of interruption. You acknowledge that Unspam bears no responsibility if its reports are incomplete or inaccurate. Unspam shall not be obligated to provide You notice in the event that the IP Space Monitor is not functioning properly or as expected, including reports being regularly updated or notification emails being sent. You agree that Unspam shall bear no responsibility for the information provided through the IP Space Monitor being correct or fit for any particular purpose. If You choose to block, filter, terminate, or otherwise restrict access to your IP space or services based on IP Space Monitor data that decision is Yours and Yours alone. You explicitly acknowledge that the IP Space Monitor and PHP are not filtering services and do not block or otherwise restrict any access to Your IP space or services. You warrant that Your choice to block or otherwise restrict access to Your IP Space or services is done without instruction or influence from Unspam.
As part of the IP Space Monitor service, you may elect to receive emails. If you do, you acknowledge that you have affirmatively opted to receive these mailings. You further agree that if you would like to discontinue the mailings you will login to your account and change your IP Monitor Space settings. If you specify additional email addresses to receive IP Space Monitor reports You warrant that, as a matter of law, You are the sender of these messages and You have received the permission of the owners or users of these email addresses. You are solely and fully responsible for any complaints, legal or otherwise, received by these email address owners for unsolicited messages sent to their addresses. While you may select to receive email updates on some periodic basis (Daily, Weekly, Monthly, etc.) you acknowledge that PHP may not deliver reports at the frequency you selected.
If you pay for monitoring of a larger space you acknowledge that the fee for the monitoring service is non-refundable. PHP reserves the right to revoke any discounts that have been applied to your fee if it is discovered, at any time, that you have not met the requirements for the discounts. If discounts are revoked, your monitoring will be limited to the tier of service that the amount paid would have purchased without the discount. Determinations on discounts are solely at the discretion of PHP.
SECTION 5: PROHIBITED ACTIVITIES
You shall not, and shall not authorize, encourage or instruct any third party to: (i) directly or indirectly generate queries, visits to, impressions of or clicks on any Website pages displaying Honey Pots through any automated, deceptive, disingenuous or fraudulent means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools; (ii) directly or indirectly send messages to any Honey Pot; (iii) edit, modify, filter or change the order of any of the content displayed through the Authorized Access Software so long as that software connects with the Honey Pot-serving technology; (iv) display Honey Pots on any pages not generated by the Authorized Access Software; (v) access the Honey Pot-serving technology through any software or other device other than the Authorized Access Software; (vi) frame any content generated by the Authorized Access Software; (vii) directly or indirectly access, launch and/or activate Honey Pots through or from, or otherwise incorporate the Honey Pots in, any software application, web site or other means exempt under the specifications provided by Unspam; (viii) "crawl", "spider", index or in any non-transitory manner store or cache Honey Pots or other information obtained from any content or web pages generated by the Authorized Access Software or any part, copy or derivative thereof; (ix) attempt to register or install Honey Pots on any websites You are not the rightful owner of, or where you have not been legally authorized by the rightful owner; or (x) attempt to donate or modify the DNS record of any domains You are not the rightful owner of, or where you have not been legally authorized by the rightful owner. Subsection (v) proscribes any attempt to access PHP Honey Pot-serving technology, whether successful or unsuccessful, with a version of the Access Software that has been modified, amended or changed in any way so as to be different from the Authorized Access Software. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that Unspam may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies relating to fraud and other legal claims.
SECTION 6: TERMINATION
You may cancel the participation of any Website in PHP with or without cause at any time by removing the Authorized Access Software from the Website's server and informing Unspam through the mechanism provided on the PHP website. You may revoke the participation of any MX Entry in PHP by deleting from Your DNS Record any entries directing mail to the Mail Servers. You may cancel your participation in HTTP:BL by discontinuing queries to the HTTP:BL system and deleting your Access Key. You may cancel your IP Space Monitor service by deleting your IP ranges from the IP Space Monitor configuration page. Unspam may investigate any activity that may violate this Agreement. Unspam may at any time, in its sole discretion, terminate all or part of PHP, terminate this Agreement, terminate Your participation in PHP, or suspend or terminate the participation of any Website in all or part of PHP for any reason. In addition, upon termination of participation of any Website in PHP or termination of this Agreement for any reason, Section 5 and Sections 7 through 16 shall survive termination.
SECTION 7: CONFIDENTIALITY
You agree not to disclose Unspam's Confidential Information without Unspam's prior written consent. "Unspam Confidential Information" includes without limitation: (a) Honey Pots displayed on Your sites; (b) information on the identity of any domains used to generate Honey Pots; (c) any domain names, IP addresses, or other Internet references that indicate the location of any Unspam server or Unspam-owned domain names, with the exception of the domain names indicating Unspam's publicly available websites (e.g., www.projecthoneypot.org and www.unspam.com); and (d) any other information designated in writing by Unspam as "Confidential" or an equivalent designation. It does not include information that has become publicly known through no breach by You or Unspam, or information that has been (i) independently developed without access to Unspam's Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.
SECTION 8: NO WARRANTY
PROJECT HONEY POT IS PROVIDED "AS IS" AND "AS AVAILABLE." UNSPAM MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THESE SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AVAILABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT CONTENT GENERATED BY PHP IS BASED ON RANDOM, DONATED, OR OTHER NON-UNSPAM CONTENT, UNSPAM SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH HONEY POTS OR OTHER PROVIDED CONTENT. UNSPAM EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OF DATA PROVIDED THROUGH THE HTTP:BL, THE IP SPACE MONITOR, OR THE PHP WEBSITE. YOUR ASSENT TO THIS AGREEMENT EXPLICITLY ACKNOWLEDGES THAT YOU ALONE AND WITHOUT ANY INSTRUCTION OR INFLUENCE BY UNSPAM MAKE ANY DETERMINATION TO BLOCK, RESTRICT, FILTER, OR TERMINATE ACCESS TO OR FROM ANY ENTITIES, EMAIL ADDRESS, OR IP ADDRESSES.
SECTION 9: NO ATTORNEY-CLIENT RELATIONSHIP
YOUR PARTICIPATION IN PHP DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP BETWEEN YOU AND UNSPAM OR ANY OF UNSPAM'S AGENTS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND APPLICABLE THIRD PARTIES. YOU SHOULD SEEK YOUR OWN COMPETENT LEGAL COUNSEL IN DETERMINING WHETHER PHP IS APPROPRIATE FOR YOUR SITUATION AND IN REVIEWING ALL DOCUMENTS RELATED TO YOUR PARTICIPATION IN PHP.
SECTION 10: LIMITATION OF LIABILITY
EXCEPT FOR ACTIONS STEMMING FROM ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, YOUR COMMISSION OF ANY OF THE PROHIBITED ACTITIVES (DEFINED ABOVE), OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE SERVICE, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
SECTION 11: PUBLICITY AND REPORTING
You agree that Unspam may use Your name, Website(s), donated Domains and logo(s) in presentations, marketing materials, customer lists, financial reports, statistical reports and listings of members.
SECTION 12: REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) all of the information provided by You to Unspam to enroll in PHP is correct and current; (b) You are the owner of each Website or that You are legally authorized to act on behalf of the owner of such Website(s) for the purposes of this Agreement and PHP; (c) You are the owner of each Domain or that You are legally authorized to act on behalf of the owner of such Domain(s); (d) You own any necessary copyright or trademark rights underlying Your Website(s); (e) You are 18 years of age or older, and (f) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder.
SECTION 13: YOUR INDEMNIFICATION OBLIGATIONS
Your Obligation to Indemnify. You agree to indemnify, defend and hold Unspam, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Website(s), and/or Your breach of these Service Terms.
SECTION 14: UNSPAM'S RIGHTS
You acknowledge that Unspam owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to PHP (including all generated Honey Pots, all content generated or provided through the Access Program, Unspam's Honey Pot-serving technology, the HTTP:BL service, the IP Space Monitor reports, and trademarks), and that You will not acquire any right, title, or interest in or to PHP or any related content except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of Unspam's services, software, or documentation. You will not remove, obscure, or alter Unspam's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within any Unspam services, software, or documentation. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
SECTION 15: INFORMATION RIGHTS
Unspam may retain and use for its own purposes all information You provide, including but not limited to Website demographics and contact information. Unspam may provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims with or without notice to You. Unspam disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. Unspam may share aggregate (i.e., not personally identifiable) information about You, Your visits to any Unspam website, information received through the Authorized Access Software, messages received at any Honey Pot displayed on Your site, messages received through any Domain(s) You have provided, or otherwise with advertisers, business partners, sponsors, legal enforcement authorities, and other third parties. In addition, You grant Unspam the right to access Your Website(s), or any portion thereof, including by automated means including Internet spiders or crawlers in order, for example, to verify the correct installation of the Authorized Access Software.
Messages received by Honey Pots are the exclusive property of Unspam. You agree that Unspam owes no duty to store, maintain, forward, summarize or otherwise provide information on any messages sent to Honey Pots displayed on Your site, or generated with Domains You have donated to Unspam. Furthermore, You agree Unspam shall have the right to use any data gathered from these messages in any way Unspam sees fit. This may include, for example, generating statistical reports or turning the data over to enforcement authorities or third parties in order to bring legal actions against those that who have harvested or sent messages to Honey Pots. You agree Unspam has the right to track visitors to Your Website(s) who access the Authorized Access Software. Unspam owes no duty or obligation to share information, data, or statistics about these visitors with You.
SECTION 16: MISCELLANEOUS
This Agreement shall be governed by the laws of Utah, USA, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Summit County, Utah, USA. This Agreement and the Software License Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by Unspam. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Unspam. Notwithstanding the foregoing, Unspam may assign this Agreement to any affiliate at any time without notice. The relationship between Unspam and You is not one of a legal partnership relationship, but is one of independent contractors.
October 7, 2007