©07 The Media Desk
http://themediadesk.com
Posted as backup for the ZWINKY spyware/malware expose Article
Presented UNEDITED as posted on Zwinky site on 23 May 2007. Some formatting changes made to present as one webpage.
Below content is owned by IAC Search & Media. See below.
END USER LICENSE AGREEMENT/PRIVACY POLICY/TERMS OF SERVICES FOR MYWEBSEARCH TOOLBAR
IMPORTANT -- PLEASE READ CAREFULLY
1. Toolbar Installation
If you download the MyWebSearch toolbar, you will be:
You must be 13 years of age or older to install or to use the MyWebSearch toolbar. If you are not yet 13, do not download the MyWebSearch toolbar.
If you are at least 13 but not yet 18 years of age, please have your parents or legal guardian review this END USER LICENSE TERMS/PRIVACY POLICY/TERMS OF SERVICES with you, discuss any questions you might have, and give you their permission to install and use the MyWebSearch toolbar and associated features with both your and their full understanding of the rules. By using the MyWebSearch toolbar and associated features, you are telling us that you and your parents or guardian have agreed to this agreement.
If you are a parent, or a guardian, you are responsible for exercising supervision over your children's on-line activities. If you do not agree to the END USER LICENSE TERMS AND PRIVACY POLICY, do not let your child use the MyWebSearch toolbar or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Toolbar, please contact us at eula@help.MyWebSearch.com.
If you do not understand or agree with any part of the rules outlined in these END USER LICENSE TERMS AND PRIVACY POLICY, do not use the MyWebSearch toolbar. If you have any questions or concerns regarding what is written here, please let us know by emailing us to eula@help.MyWebSearch.com. Do not use the MyWebSearch toolbar until these questions and concerns have been answered to your satisfaction, and you agree to abide by the END USER LICENSE TERMS AND PRIVACY POLICY. By using the MyWebSearch toolbar. You represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it.
THIS PRODUCT IS NOT SPYWARE OR ADWARE. IT WILL NOT WATCH HOW YOU USE YOUR COMPUTER. IT WILL NOT DELIVER POP-UP ADS.
2. Features of the MyWebSearch Toolbar
By downloading the MyWebSearch toolbar, you will be installing a toolbar in your Internet browser (and any supported email functions and instant messenger functions) with the following features:
SEARCH BOX: This is a search box located within the toolbar that will help you search the Internet with search results from Ask.com.
SEARCH ASSISTANT: This provides relevant links and results when you make a search request in your browser address bar or if your browser address (DNS) request is invalid, misspelled or incorrectly formatted.
WEBFETTI: This feature enables you to customize a social networking profile page with layouts, graphics, custom cursors, music and video.
ZWINKY: This feature allows you to create and modify avatar characters, and use them in a social networking environment. If you use Windows XP, the ZWINKY feature will also automatically provide you with an icon that will appear in your Windows XP system tray at the bottom right of your desktop. Use of the Zwinky feature is subject to separate terms of use at http://info.zwinky.com/zwinkyinfo/tos.jhtml.
SMILEY CENTRAL: This allows you to insert smiley face emoticons and other graphics into your web-mail, Outlook, Outlook Express and instant messages.
POPULAR SCREENSAVERS: This provides you with photos and images that can be added to the user's screensaver or PC desktop wallpaper. Also includes the ability to add personal digital photos.
MY FUN CARDS: This provides access to free electronic greeting cards that you can personalize on the Web and send to any email address.
CURSOR MANIA: Free computer mouse cursors that allow the user to change the look of his/her default cursor to something more fun and expressive.
FUN BUDDY ICONS: Free icons that can be added to an instant messenger client.
HISTORY SWATTER: This allows you to delete easily computer cookies, URL history, temporary cache, and other stored browser files.
POP SWATTER: Free tool that swats pop-up ads before they appear. Includes a "Safe List" to allow pop-ups from user-specified web pages.
SMOTOS: This enables you to post, upload, share, download and store images, and allows you to send such images to email addresses of your choice.
MY INFO: This provides one-click access to news, sports, weather, finances, horoscope, movie listings, lottery results and more, which appear in a thin window to the immediate left of your main browser window.
MY MAIL NOTIFIER: This allows you to use animated characters to alert you to new web mail messages.
MY MAIL SIGNATURE: This allows you to create signature designs to place in the footer of outgoing email messages.
MY MAIL STAMP: This allows you to insert digital stamp designs into outgoing emails.
MY MAIL STATIONERY: This provides you with background images, colors and themes to enhance the look of outgoing email messages.
In addition, an Easy Installer will be downloaded to install this software. It does not install any other software and is automatically deleted the first time you turn off your computer after installation of the above-described products.
You will also have access to websites related with the software described above, (the "Websites").
THE TOOLBAR AND ALL ITS FEATURES LISTED ABOVE ARE FREE.
3. Registration
NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED, for use of the Toolbar or associated websites, except for the services listed below:
Registration Information for Zwinky Features: Collection and use of personal information by Zwinky.com is governed by the separate Zwinky privacy policy which you can review at http://info.zwinky.com/zwinkyinfo/privacy.jhtml.
Registration Information for today.smileycentral.com Features: Certain features that enable you to create enhanced personalized settings and to access the today.smileycentral.com home page from several computers are only available if you register. You may wish to provide a user name and password, an email address, and other personal information.
Registration Information for My Fun Cards Features: My Fun Cards registration allows you to access a personalized addressed book when sending greeting cards.
Registration Information for Smotos Features: Smotos registration allows you to share online photos albums through emails. Upon registration, you are asked to provide a user name and to fill out the "To: and From:" fields of the email form.
Registration Information for My Info Features: The "My Info" feature is powered by the My Way web portal located at www.myway.com. Any information you provide to My Way is governed by the separate My Way privacy policy (at http://helpint.mywebsearch.com/intlinfo/policies/policies.jhtml).
Passwords. In order to access certain services, you may be required to accept additional terms and conditions and/or, establish an account including an unique ID and password. You are the sole and exclusive owner of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
Information you provide upon registration. You represent and warrant that you are either the owner or an authorized user of the computer where the Toolbar is installed. If you provide any information in connection with the use of any other services Licensor offers, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Toolbar or associated websites, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services.
4. Un-installation/Removal of the MyWebSearch Toolbar
The MyWebSearch Toolbar can be easily uninstalled. If you want to uninstall this product, there are several ways to do so:
5. Privacy and Use of Data
No Spyware, No Adware. The MyWebSearch toolbar does not collect any personal information about you (such as your name, email address, etc.). Further, it does not: (a) collect or report back to us (or anyone else) any information about sites you visit on the Internet; (b) collect or "screen-scrape" any search queries or information that you provide to any other web-sites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to us (or anyone else) any data regarding your computer keystrokes or other data unrelated to the services the Toolbar provides.
Search Queries. The MyWebSearch toolbar, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the marketing or distribution source of the toolbar used by you to conduct your search. If the search query is being generated as the result of a misspelled URL or search term entered in to the browser address bar, we also receive the misspelled URL address or search term. We use this information in order to properly process your search request. For example, this data provides us with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords. All information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. In addition, all information about search activity is evaluated only on an aggregated basis (excepted in response to a customer service inquiry or legal process).
Cookies. The MyWebSearch toolbar also uses "cookies". We do this for two reasons. First, we use the cookies to store a code designating a marketing or distribution source for the Toolbar. This information allows us to properly distinguish Toolbar for purposes of analyzing retention and usage per marketing or distribution source, on an aggregated basis. Second, the Toolbar uses cookies to store user preferences. For example, we use a cookie to record which search engine you have selected as your default provider in MyWebSearch. Upon accessing the search results pages, cookies may also be placed on your computer, to store your use preferences. We do not use cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose cookie information to third parties (other than as required by legal process).
Configuration Requests. The MyWebSearch toolbar also sends a configuration request when you start your browser. This request is approximately 5k in size and includes only anonymous data such as IP address, browser type, and information about the specific release date and distribution source of your Toolbar, as outlined above. Such information is anonymous, non-personally identifiable, and is used only for purposes of delivering search services and content in accordance with your preferences.
Use of Sites Available from the MyWebSearch Toolbar. We do not collect any personally identifiable information (such as names or email addresses) about you, unless you specifically decide to provide such information (such as by emailing a help request to us or registering for those features requiring or enabling registration). If you choose to provide us with an email address, we will not send an email to you unless you specifically request an email response to a customer service inquiry or contact is required in order to protect someone's safety or to enforce these End User License Terms. When you use the websites available from the MyWebSearch toolbar, we may place a small text file - called a "cookie" - on your computer that allows us to identify your Web browser. We use cookies to improve the quality of our service, and to store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the websites accessible from the MyWebSearch Toolbar. We also capture your source IP address which is a standard practice for most internet sites. We in no way associate your IP address with any cookies and do not use your IP address in conjunction with any personally identifiable information. For information sharing practices and options relating to information submitted on Zwinky.com, please refer to the separate Zwinky privacy policy which you can review at http://info.zwinky.com/zwinkyinfo/privacy.jhtml.
We do not sell, rent or trade any personally identifiable information you provide when using the MyWebSearch toolbar or associated websites. If the MyWebSearch toolbar is ever sold or all or substantially all of the assets relating to the toolbar and associated websites are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this agreement. If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall the MyWebSearch Toolbar from your computer.
6. Legal Terms and Conditions
Subject to the terms and conditions of this END USER LICESNE TERMS AND PRIVACY POLICY (this "Agreement), IAC Search & Media and its parent and subsidiary companies (collectively, "Licensor", "we", "us" or "our") grant you a non-exclusive, revocable, limited license, to (a) download and install the most current generally available version of the Toolbar (including all updates thereto), and (b) use the Toolbar you download and install solely for your personal, non-commercial purposes. "Toolbar" means the MyWebSearch toolbar and all features available through the toolbar. "Websites" means all the websites associated with the features of the Toolbar.
6.1. License Conditions
IAC Search & Media owns the Toolbar. The Toolbar, including all code, content, protocols, software, and documentation provided to you by Licensor are Licensor's property or the property of Licensor's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Toolbar. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Toolbar at any time, and we may at any time suspend or terminate any license hereunder and disable the Toolbar or any of its component features.
You cannot by, sell, or tamper with the Toolbar. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Toolbar or use the Toolbar for the benefit of any third party. You may not install the Toolbar on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Toolbar or the Websites, except to remove our Toolbar from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Toolbar, or attempt to do so for any reason. You may not access, create or modify the source code of the Toolbar in any way. You do not have the right to and may not create derivative works of the Toolbar. All modifications or enhancements to the Toolbar remain the sole property of Licensor.
Toolbar Updates. We reserve the right to add additional features or functions to the existing Toolbar. When installed on your computer, the Toolbar periodically communicates with our servers. We may require the updating of the Toolbar on your computer when we release a new version of the Toolbar, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current END USER LICENSE TERMS AND PRIVACY POLICY before you will be permitted to use any subsequent versions of the Toolbar. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Toolbar.
You may use our Toolbar and Websites only for lawful purposes. The services we provide are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Licensor Toolbar and Websites. You agree not to use the Toolbar, Websites, or any other services provided by Licensor to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound
6.2. Content and Infringement
Links and Search Results. The Toolbar and Websites may provide access to search results or other links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are 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 we 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.
Access to Content through the Toolbar and Websites. You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the Toolbar and Websites, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You understand and agree that by using the Toolbar or the Websites you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Licensor be liable in any way for any Content created by or originating with entities other than Licensor, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of the Toolbar or links to such Content from the Websites.
The Toolbar and websites are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that the Toolbar, Websites, and any information you download or offer to share by means of the Toolbar or Websites, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom. For image content posted to or uploaded on SMOTOS, we do not store any backup images and you are solely responsible for creating back ups of photos that you upload and share.
Copyright Protection of Content you display using our services. You are solely responsible for the Content you display on or thorough the use of the Websites. It is your obligation to ensure that the display of any Content including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted Content that you display on the Websites.
Licensor respects and expects its users to respect the rights of copyright holders. On notice, Licensor will act appropriately to remove Content that infringes the copyright rights of others. Licensor reserves the right to disable the access to the Toolbar, Websites or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyright rights, please provide our Copyright Agent with the following information:
Please contact IAC Search & Medias' Copyright Agent for Notice of claims of copyright infringement as follows:
Copyright Agent
Objectionable Content. Licensor will also act appropriately to remove Objectionable Content. "Objectionable Content" is includes, but is not limited to:
If we become aware that, while using any Website, you have uploaded, posted or shared Objectionable Content, we may disable your account.
Ownership of Content you SubmitYou retain ownership of all rights in the content that you display on or through the use of the Websites. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of our services. If at our request you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of IAC Search & Media. None of the Submissions shall be subject to any obligation of confidence on the part of IAC Search & Media, and IAC Search & Media shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, IAC Search & Media shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
6.3. Disclaimer of Warranty
YOUR ACCESS AND USE OF THE SOFTWARE, WEBSITES AND SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SOFTWARE. WE PROVIDE THE SOFTWARE, THE WEBSITES AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. IAC SEARCH & MEDIA MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
6.4. Termination
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Toolbar in your possession or control and ceasing to use or access the Websites. We may terminate this Agreement or your account (or any part thereof), disable the Toolbar or cease providing any service at any time in our sole discretion. We will disable all Smotos accounts that have been inactive for a period of three months. We will send you a reminder email before disabling your Smotos account. You agree that we shall not be liable to you or any third-party for any termination or disabling of the Toolbar or ceasing to operate the Websites. For termination of Zwinky Accounts, Please refer to the separate Zwinky.com terms of service at http://info.zwinky.com/zwinkyinfo/tos.jhtml.
6.5. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NONE OF US, OUR SUBSIDIARIES, OUR AFFILIATES, OUR SUPPLIERS, OUR ADVERTISERS, OUR MERCHANT PARTNERS, NOR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "COVERED PARTIES”) ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THIS AGREEMENT OR THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE, SITES OR SERVICES, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR SERVICES, (D) RELIANCE ON CONTENT OR POSTINGS ON THE SITES OR SERVICES, OR (E) ANY OTHER MATTER RELATING TO THIS AGREEMENT, THE SOFTWARE, THE SITES OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR DIRECT LIABILITY, OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY TO YOU HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU.
6.6. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS IAC SEARCH & MEDIA, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY IAC SEARCH & MEDIA OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
6.7. Export Controls
The Toolbar and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Toolbar, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
6.8. Notice to Government End Users
Any Toolbar, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Toolbar" and "Commercial Computer Toolbar Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Toolbar clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Toolbar - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
6.9. General
These END USER LICENSE TERMS AND PRIVACY POLICY, and the relationship between you and us are governed by the laws of the State of California, without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of San Francisco, California.
Severability. If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Us; No Waiver. You agree that any claim or cause of action arising out of your use of the Software, the Sites, the Services, or this Agreement, including the Privacy Policy, must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Our failure to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions about this Agreement or the Toolbar, and Websites, feel free to contact us at: eula@help.MyWebSearch.com.
Effective April 5, 2007
© 2007 IAC Search & Media. All rights reserved.
Privacy Policy
Last Updated: August 18, 2007
The Zwinky.com website (the "Site") is owned and operated by IAC Search & Media ("we" or "us"). Internet privacy is an issue that we take very seriously. We provide this Privacy Policy so that our Site users ("you") will know what personally identifiable information is being collected about you, how that information is being used, and with whom it is being shared. This Privacy Policy addresses these issues as well as additional privacy-related issues that we believe may be of interest to you. This Privacy Policy does not govern our collection of information through any websites other than the Site, and does not govern the collection of information by our affiliates.
This Privacy Policy describes the online privacy practices for the Site and the various services (collectively, the "Services") we provide on or through the Site. By using the Site or the Services or by providing any personally identifiable information using the Site or Services, you are agreeing to the collection and use of such information in the manner described in this Privacy Policy.
Eligibility
You must be 13 years of age or older to register or use the Site and the Services. If you are older than 13 but under 18 years of age, by using the Site and the Services you are telling us that you and your parent or guardian have reviewed and consent to the terms of this Privacy Policy. (Please see our Terms of Service located at http://info.zwinky.com/zwinkyinfo/tos.jhtml for further information.)
Changes to this Privacy Policy The terms of this Privacy Policy may change from time to time. You should check back at the Site regularly to determine if any material changes have been made. You can determine when this Privacy Policy was last revised by referring to the "Last Updated" legend at the top of this page. We will prominently post material changes on the Site at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Privacy Policy. You agree that your continued use of the Site and Services following the effective date of any such changes will constitute your affirmative consent to the revised Privacy Policy. If you do not accept such revisions, you must remove the Zwinky Toolbar from your computer and cease all access to and use of the Site and Services hereunder.
Information Collection
We gather two basic types of information through the Site: "Anonymous Information" and "Personally Identifiable Information." Anonymous Information is information that does not personally identify you, such as IP address, other browser information, demographic information and information about your interests. Personally Identifiable Information is information you provide to us that specifically identifies you as an individual, such as your name, physical mailing address, email address and telephone number. Information identifying an entity other than an individual, (e.g., a corporation, partnership, joint venture and so forth), does not constitute Personally Identifiable Information and is treated as Anonymous Information.
Anonymous Information
Browser Information: Each time you come to the Site, we collect the limited Anonymous Information that your browser makes available whenever you visit any website. This information includes: (a) your Internet Protocol (IP) address; (b) your domain name (e.g. whether you logged on from compaq.com or whitehouse.gov); (c) the address of the last URL you visited prior to clicking through to the Site; (d) your browser and platform type (e.g., a Netscape browser on a Macintosh platform); (e) your browser language; and (f) the data in any undeleted cookies that your browser previously accepted from us (see "Cookies and Pixel Tags" below).
IP Address Information: Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. IP address information, among other things, enables us to determine a user's Internet service provider and the geographic location of a user's point of connectivity.
Cookies and Pixel Tags: The Site use cookies and other technologies such as pixel tags to track traffic flow and patterns of travel within and through the Site. Some types of software we distribute also use cookies to indicate the distribution source for the software (so we can appropriately compensate our distributors and to provide us retention and usage information) and to store user preferences. Cookies are a standard Internet technology that allow us to both store and retrieve login information on a user's system. Our Web server automatically asks a new user's browser whether it will accept our cookie file. If the user's browser accepts our cookie, our Web server will record the cookie's unique ID for our use in internal reporting. Every time the user returns to the Site, we will be able to read that cookie's ID number and, among other things, can customize the services we deliver based on the user's past preferences. If a user accepts our cookie, but would later like to remove it from his or her computer, he or she can delete it using the browser. (Consult your browser's "help" menu to learn how to delete cookies.) In the event a user indicates he or she is under 13 years of age when attempting to register with the Site, such user's user name, birthdate, and date of attempted registration will be stored in a file on the user's computer for a period of time to help prevent future registration by such user. Such personally identifiable information is not transmitted to us.
Software Products: If you have installed one of our software products, your use of such software may send additional information to us, such as: your IP address, your browser type, your default language setting and an identification of any button or menu item you selected or activated. Your use of the Zwinky Toolbar is governed by an End User License Agreement located at http://info.zwinky.com/zwinkyinfo/eula.jhtml
Information You Voluntarily Provide: We also collect Anonymous Information when you voluntarily provide such information to us. For example, you may choose to add information (such as interests, favorite weblinks, quotes and keyword tags) to your Profile Page. We may also ask you a series of questions, many of which are optional, regarding your interests that will allow other users to search for people with common interests. All such information about your interests is Anonymous Information, unless it is associated with your Personally Identifiable Information, in which case it will be treated as Personally Identifiable Information to the extent it is so linked.
Miscellaneous: With the exception of your domain name (e.g., whether you logged on from compaq.com or whitehouse.gov), and the URL you visited prior to coming to our site, we do not automatically collect information about other websites you visit on the Internet. We also do not collect any data regarding your computer keystrokes (or other data) unrelated to the Services, the Site and the software.
Personally Identifiable Information
In order to order to access most features on the Site, you must become a registered user of the Site. In order to register and create an you must become a registered user of the Site. In order to register and create an account on this Site, you must first download the Zwinky Toolbar. During registration for an account, IAC Search & Media collects Personally Identifiable Information, including your email address, as well as other information such as your gender, password and birth date. Once you register and sign into our services, you are not anonymous to us. You may always choose not to provide such Personally Identifiable Information to us, however that may affect our ability to provide you with a specific service or particular content, including saving avatar settings, searching for other users, sending ZNotes, and ZChat.
Other Personally Identifiable Information you might provide to us could include your email address if you submit a help request to us via email or respond to employment opportunities posted on the Site.
Information Use
If we do associate Anonymous Information with Personally Identifiable Information, we will treat such Anonymous Information as Personally Identifiable Information to the extent so linked; if such information is no longer linked, we will resume treating it as Anonymous Information. For this reason, we do not consider your IP address to be Personally Identifiable Information (unless and until such an association is made, such as in response to a court order).
Anonymous Information
For example, we collect the types of Anonymous Information described above to improve the overall quality of the online experience, including product monitoring, product improvement, saving avatar settings, and advertising. We may also use Anonymous Information to count, track, and aggregate our users' activities into our analysis of general traffic flows at the Site (e.g. tracking where traffic comes from, how traffic flows within the Site, etc.). In addition, we may use Anonymous Information we collect to ensure that these third-parties are appropriately compensating us and that we are appropriately compensating our distributors. All information about our users' activity is generally evaluated on an anonymous (and generally only on an aggregated) basis, except in situations such as a response to a customer service inquiry or to legal process. Additionally, we may use your IP address, and the IP addresses of other users, to calculate Site usage levels, to help diagnose problems with the Site's servers, and to administer the Site.
In addition, we may merge Anonymous Information about you into group data, which may then be shared on an aggregated basis with our advertisers. If you provide us with answers to voluntary survey questions, we may present this information to our advertisers and partners in the form of grouped statistics compiled from our users' answers to such questions. Please note that this is not a complete list, but simply a few examples, of the ways in which we use and share Anonymous Information.
Personally Identifiable Information
Provision of Services: We use your Personally Identifiable Information to provide you personalized service, to ensure the smooth operation of the Site and Services, to improve the Site and Services, and in connection with the enforcement of our Terms of Service for the Site and this Privacy Policy. We also may use your Personally Identifiable Information to contact you to respond to a request from you.
External Service Providers: We may use external service providers to facilitate operation of the Site and the Services, and to evaluate or provide other support in connection with the Site and the Services. This may require disclosure of your Personally Identifiable Information to these service providers. In some instances, such external service providers may collect information directly from you in connection with the Services. In all cases, we seek to have commercially reasonable contractual safeguards in place that require these external service providers to use any Personally Identifiable Information disclosed to them by us solely for the purpose of providing services to us.
Credit Card Companies and Other Vendors: We note that your Payment Information may be disclosed by us to third parties in order to process or otherwise complete a transaction in which payment is by credit card. We note that such third parties may have privacy policies that differ significantly from this Privacy Policy.
Third Parties: We do not intentionally rent, sell or otherwise provide a user's Personally Identifiable Information to third parties for such third parties' direct marketing purposes.
Advertising: We use third party advertisement serving companies to serve ads when you visit the Site. These companies may use information about your visit to the Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Site, these companies may place or recognize a unique cookie on your computer or use other technologies such as pixel tags in connection to the Site. Our Privacy Policy does not cover any use of information that a third-party ad serving company may collect from you. If you would like more information about this practice, or would like to know your choices about not having this information used by advertising companies, please click here: http://www.networkadvertising.org/
Invitations to Unregistered Users: If you choose to use our referral service to tell a friend about our Site or Services, we will ask you for your friend's name and email address. We will then send to your friend on your behalf a single email inviting him or her to visit the Site. Your friend may contact us at privacy@help.zwinky.com to request that we remove this information from our database.
Law Enforcement/Legal Requirements: Notwithstanding any other provision in this Privacy Policy, we reserve the right to disclose your Personally Identifiable Information if we believe we are required to do so (a) by law; (b) to comply with court orders or subpoenas; (c) in cooperation with a law enforcement or government request; (d) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud or situations involving potential threats to the physical safety of any person; (e) to enforce our Terms of Service located at http://info.zwinky.com/zwinkyinfo/tos.jhtml; (f) as necessary to render or conduct a legitimate business activity related to a service we provide; (g) to protect our operations or those of our affiliates; (h) to permit us to pursue available remedies or limit the damages that we may sustain; or (i) to comply with legal or regulatory obligations.
Corporate Restructuring: Notwithstanding any other provision in this Privacy Policy, we reserve the right to transfer your Personally Identifiable Information and other information to a third party if we or any of our affiliates are involved in a corporate restructuring (e.g., a sale, merger or other transfer of assets).
Features Disclosing Information
We note that your use of certain features in connection with the Site or Services may result in the public disclosure of certain Anonymous Information and/or Personally Identifiable Information to others. Examples of such features include the following:
Profile Page: When you register for an account on the Site, a Profile Page will automatically be created for you and certain basic information from your registration form will automatically be pre-populated in your Profile Page, including information such as your user name, as well as other information such as the date you registered as a Zwinky, gender, age, location, and last log on date. Please note that your Profile Page (including any ZNotes that may have been left for you) may be viewed by the public (both registered and unregistered users), so you should neither (a) choose a user name that personally identifies you, nor (b) include any information in your Profile Page that you do not want others to see. We are not responsible for third parties' use of any information you make public in your Profile Page. For users who have told us that they are under 18, gender, age and location will not be filled in by default, and such users under 18 will not be permitted to display gender, age, location, interests or related tags on their Profile Pages.
Profile Pages and Searching: Your Profile Page will be publicly posted and accessible to the public. Only registered users of the Site will be permitted to use the Site's search functionality to search for other registered users of the Site. Users who are 18 and older will be searchable by user name and other information posted on their Profile Pages. Users who have told us that they are under 18 will be searchable by user name and other information posted on their Profile Pages, but will not be searchable by age, gender, interests, related tags or location.
ZNotes: Once you register, you will be able to leave messages for other registered users of the Site in the form of a ZNote. ZNotes will be posted on a user's Profile Page and may be viewed by the public. You should not include any information in a ZNote that you or the addressee do not want others to see or that would compromise your safety or that of the addressee.
ZChat: During a chat session, your user name and Zwinky avatar will be visible to other registered users in the chat room. In addition, your chat room location at any particular time will be disclosed to other registered users. When using ZChat, you will have the ability to post Personally Identifiable Information about yourself in a chat room. Please note that any information you disclose in a chat room becomes public information, and may be available to not only registered Site users, but to visitors to the Site and to the general public, and may be used by other parties to send you unsolicited messages. Once you have posted information in a chat room, you will not be able to edit or delete such information. We urge you to exercise discretion and caution when deciding to disclose your Personally Identifiable Information, or any other information, in any chat room. We will not use any information posted in a chat room for marketing purposes. Please note that the Site is a public space and you should refrain from posting anything in a chat room that is private or would compromise your safety. We also encourage parents to monitor and participate in their children's activities on the Internet.
PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION POSTED IN A ZCHAT CHAT ROOM, IN A ZNOTE OR IN ANY OTHER INTERACTIVE FORUMS AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES THAT ARE ACCESSIBLE TO OTHER REGISTERED SITE USERS, VISITORS TO THE SITE OR THE GENERAL PUBLIC.
In our efforts to keep the Site safe and pleasant for all of our users, we may record and store transcripts of communications exchanged during a particular ZChat session if a user has reported to us an occurrence of abusive conduct during such ZChat session.
Children Under the Age of 13
As a matter of policy, visitors known to be under the age of 13 are prohibited from registering for or using the Site or Services. In accordance with the Federal Children's Online Privacy Protection Act of 1998 ("COPPA"), we also do not knowingly collect Personally Identifiable Information from anyone under the age of 13. For information on how to protect the privacy and safety of children online, we recommend that you visit our Safety Tips at http://info.zwinky.com/zwinkyinfo/safety.jhtml, which contains information and links to other resources on this subject.
Other Websites/Links
We do not control the information collection and distribution policies on Internet domains other than the Sites. When you are on the Site, you may be directed to other websites that are beyond our control. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off of the Site. These other websites may independently collect data, solicit personal information, or send their own cookies to you. We are not responsible for the privacy practices or content of such websites and any use of the information including click-stream data, which you may create when using such third party sites.
We also offer you access to "co-branded" services that are jointly provided by us and selected third parties. In many cases, these co-branded services will contain the Site's branding, but might not be hosted by us. You may notice that you are on a co-branded site if the pages say "provided by," if our standard branding is not displayed on the top of the page, or if you are asked to subscribe for any service or provide additional information. In such cases, you should follow the privacy link on the page to determine which party's privacy policy protects the information you enter on the page. Even if the page is governed by a separate privacy policy, we might be entitled to receive about what you do when using that service. If you elect to provide additional Personally Identifiable Information using a co-branded service, the Personally Identifiable Information you provide may be shared or jointly retained by the third party provider of that service in accordance with that provider's privacy policies and terms of service. We encourage you to read the privacy polices of these third parties and to contact such third parties directly if you have any questions about their use of this information. When we enter into co-branding service relationships, we generally require the third party service provider to include a link to its applicable privacy policies and terms of service on the co-branded pages. Please note that our use of any Personally Identifiable Information received by us from these services will be governed by this Privacy Policy.
PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY PRACTICES OF ANY THIRD PARTIES.
Security
We have security measures in place intended to assist in preventing unauthorized access to and in safeguarding Personally Identifiable Information we collect online. We seek to limit access to your Personally Identifiable Information to employees and representatives who we believe reasonably need access to that information to provide products or services to you or in order to perform their jobs. Each of these people has been informed of the need to maintain the security and confidentiality of such information. Unfortunately, no security system can be 100% secured; accordingly, we cannot guarantee the security of any information provided to us in connection with the information that we collect online.
Reviewing, Editing, or Deleting Personally Identifiable Information
To review, revise or delete the Personally Identifiable Information that we have collected about you online that we maintain, please log in to your profile and edit accordingly (http://registration.zwinky.com/registration/profile.jhtml). However, please understand that although this information, once deleted, is not available on the Site, that information may remain stored indefinitely in our backup and archival records. We also reserve the right, from time to time, to re-contact former users of the Site. Finally, we are not responsible for removing information from the databases of third parties with whom we have already shared your Personally Identifiable Information. Please note that information posted in a chat room cannot be edited or deleted.
Questions?
Questions regarding this Privacy Policy should be directed to privacy@help.zwinky.com.
1. installing a software program on your computer, in the form of a toolbar installed in your Internet browser, with features including a search box and search assistant, that we explain in more detail below;
2. entering into a contract with IAC Search & Media, Inc. (the END USER LICENSE TERMS AND PRIVACY POLICY), governing your use of the software program and associated websites.
From the "Add or Remove Programs" dialog box in the Windows control panel, where it is listed as "MyWebSearch": You can click on the "Start" button; then click on the "Settings" button, then click on the "Control Panel" button, then click on the "Add or Remove Programs" button, then look for MyWebSearch, and click on the "Change/Remove" button.
You can also click on the drop down arrow button next to your MyWebSearch icon in the toolbar that the Toolbar installs, and select "Enable/Disable Features", then select "Uninstall MyWebSearch" and confirm your wish to uninstall the Toolbar.
Each of the product features can be separately hidden or deactivated by accessing the "Add/Remove Buttons" menu, accessible through the drop down arrow next to your MyWebSearch icon in the toolbar that the Toolbar installs in your Internet browser.
The Zwinky icon appearing in your Windows XP system tray is an integral part of the Zwinky experience when you are logged into chat. If you wish to change the settings so that, upon starting your computer, the Zwinky icon will not automatically appear in the system tray, you can Open ZChat, click on "Edit Preferences" and uncheck the checkbox next to "Automatically load the Zwinky icon in the system tray on startup".
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
IAC Search & Media. (MyWebSearch)
P.O. Box 228 Irvington, N.Y. 10533 914-591-0204 copyright@help.MyWebSearch.com.
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
Content that may harm minors in any way;
Content that has the goal or effect of "stalking" or otherwise harassing another
Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
Content that is vulgar, offensive, obscene or pornographic,
Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
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.
Terms of Use Privacy Policy Safety Tips (Parent/Users) EULA
We collect Anonymous Information when you visit and interact with the Site or the Services. Examples of ways in which we collect Anonymous Information include the following:
We also collect Personally Identifiable Information about you via the Site and the Services. We do not intentionally share such Personally Identifiable Information with third parties for the purpose of enabling them to send you information about their products or services. In general, the amount of Personally Identifiable Information that you choose to provide to us is completely up to you, although access to or use of some Services may be affected if such information is not provided.
Because Anonymous Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Anonymous Information, which does not personally identify you, with third parties, for any purpose.
We use your Personally Identifiable Information as described below:
End Zwinky EULA.....
the ZWINKY spyware/malware expose Article
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