Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to Zihtec (together with all related domains and sub-domains, the "Site"), provided by Zihtec Company LLP (herein refer to as "Zihtec"). Zihtec provides you with access to this Site and the products or services available on this Site (herein refer to as the "Products"). Access to and use of the Products is governed by these Terms and Conditions of Use (herein refer to as the "Agreement"). By accessing or using the Products, you indicate your assent to be bound by the Agreement, and your acknowledgement of and agreement of its terms.

This Agreement may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new Agreement. Further, this Agreement apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Zihtec for services, products or otherwise.
Privacy Policy
Your privacy is important to us. All information gathered by us from you in connection with your use of this site will be governed by the provisions of our Privacy Statement. We do not control the privacy practices of those sites to which we link and, therefore, we encourage you to read the privacy policies of those sites.
Copyright
All Web site materials, including, without limitation, the Zihtec logo, ZAPaSPAM logo, Safe Chat Universal Messenger logo and trademarks, designs, text, graphics, other files, and the selection and arrangement thereof are Copyright 2003-2006 of Zihtec Company LLP, "Zihtec". ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Zihtec or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only, provided that you may not, without the permission of Zihtec or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.

Trademarks

Zihtec, ZAPaSPAM, Safe Chat Universal Messenger, the Zihtec logo and the services and products described in this Site, including without limitation ZAPaSPAM.com, ZAPaSPAM.net, SafeChat.org, Zihtec.com are either trademarks or registered trademarks of Zihtec and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zihtec. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Zihtec, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zihtec. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
Zihtec grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any service or product listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppels or otherwise in or under any patent, trademark, copyright or proprietary right of Zihtec or any third party.

You may not use, frame or utilize framing techniques to enclose any Zihtec trademark, service mark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Zihtec express written consent. Further, you may not use any Meta tags or any other "hidden text" utilizing Zihtec name, trademark, service mark, services or products without Zihtec express written consent.

Linking

You are granted a limited; nonexclusive right to create a hyperlink to this Site provided such link does not portray Zihtec or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use Zihtec logo or other proprietary graphic or trademark or service mark of Zihtec to link to this Site without the express written permission of Zihtec. This limited right may be revoked at any time.

Zihtec makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Zihtec and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Zihtec provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Zihtec of the site or any information contained therein. When leaving our site, you should be aware that Zihtec's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
User Conduct
In using this Site, you agree:
1. Not to use or attempt to use another's account, service or system without authorization from Zihtec, or create or use a false identity on this Site.
2. Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites.
3. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites.
4. Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files.
5. Not to attempt to obtain unauthorized access to the Site or portions of the Site that is restricted from general access.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy

It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, we may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. If you believe that Zihtec or any user of our site has infringed your copyright in any material way, please notify us immediately and provide the following information:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
2. An identification of the copyrighted work claimed to have been infringed.
3. An identification of the material that you claim is infringing so that we may locate it on the site.
4. Your address, telephone number and email address.
5. 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.
6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

We can be reached at Abuse@Zihtec.com, or by mail at:

Zihtec Company LLP
687 Alderman Road
Suite 202
Palm Harbor, FL, 34683
USA
Indemnification
You shall remain solely liable for the Content of any messages or other information you upload or transmit to Zihtec, including any discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Zihtec, from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third party.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Zihtec, or postings on this Site, are non-confidential and shall become the sole property of Zihtec. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Zihtec, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Products

Any computer software downloadable or otherwise available from Zihtec.com, ZAPaSPAM.com, SafeChat.org Web sites is licensed subject to the terms of the applicable license agreement.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, "ZIHTEC" AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY "ZIHTEC" OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT "ZIHTEC" DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, "ZIHTEC" AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

ZIHTEC DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. "ZIHTEC" DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY ZIHTEC VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES ZIHTEC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ZIHTEC OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

ZIHTEC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF ZIHTEC, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

ZIHTEC DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL ZIHTEC OR ITS PARTNERS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ZAPASPAM.COM OR ZAPASPAM.NET OR ZIHTEC.COM OR SAFECHAT.ORG OR RELATED PRODUCTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE ZIHTEC OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ZIHTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Agreement shall be filed only in the United States District Court of Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Agreement.
Severability
If any provision of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

Notice

You may direct any questions concerning this Terms & Conditions to:
Zihtec Company LLP
Legal Department
687 Alderman Road
Suite 202
Palm Harbor, FL 34683
Legal@Zapaspam.com

Amendment

Zihtec may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and Zihtec.
Last revised on February 17, 2006.