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Anonymizer Terms of Use

1. THIS IS AN AGREEMENT BETWEEN YOU AND ANONYMIZER

This is an agreement ("Agreement") between you and Anonymizer, Inc. (or, if applicable based on where you live, one of its affiliates) ("Anonymizer"). This Agreement governs your use of any Web site or Web page operated by Anonymizer (each, an "Anonymizer Web Site," and collectively, the "Anonymizer Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. ANONYMIZER OFFERS THE ANONYMIZER WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE ANONYMIZER WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW ANONYMIZER MAY MODIFY THIS AGREEMENT

Anonymizer reserves the right to change the terms, conditions, and notices under which it offers the Anonymizer Web Sites, including any charges associated with the use of the Anonymizer Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Anonymizer Web Site. Your continued use of the Anonymizer Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

ANY ANONYMIZER WEB SITE MAY ITSELF CONTAIN ADDITIONAL TERMS (FOR EXAMPLE, CODES OF CONDUCT OR GUIDELINES) THAT FURTHER GOVERN USE OF THAT ANONYMIZER WEB SITE, INCLUDING WITHOUT LIMITATION, PARTICULAR FEATURES OR OFFERS (FOR EXAMPLE, SWEEPSTAKES). IF ANY TERMS CONTAINED IN THIS AGREEMENT CONFLICT WITH ANY TERMS CONTAINED WITHIN AN ANONYMIZER WEB SITE, THEN THE TERMS IN THIS AGREEMENT SHALL CONTROL. IF YOU PURCHASE OR ELECT A TRIAL USE OF AN ANONYMIZER PRODUCT OR SERVICE THROUGH AN ANONYMIZER WEB SITE YOUR USE OF THAT PRODUCT OR SERVICE WILL BE SUBJECT TO ADDITIONAL TERMS, CONDITIONS AND LIMITATIONS INCLUDING BUT NOT LIMITED TO AN END USER LICENSE AGREEMENT FOR THAT SPECIFIC PRODUCT OR SERVICE, WHICH YOU MUST AGREE TO ABIDE BY IN ORDER TO USE THE PRODUCT OR SERVICE. AMONG OTHER ADDITIONAL TERMS, CONDITIONS AND LIMITATIONS THAT MAY APPLY TO YOUR PURCHASE OR TRIAL USE OF AN ANONYMIZER PRODUCT OR SERVICE THROUGH AN ANONYMIZER WEB SITE, PLEASE BE ADVISED THAT (I) ANONYMIZER’S CONSUMER PRODUCTS AND SERVICES ARE FOR PERSONAL USE ONLY, AND MAY NOT BE USED FOR BUSINESS OR COMMERCIAL PURPOSES; (II) ANONYMIZER’S ENTERPRISE PRODUCTS AND SOLUTIONS ARE INTENDED FOR USE IN BUSINESS OR CORPORATE ENVIRONMENTS ONLY, AND ARE NOT FOR PERSONAL OR HOUSEHOLD USE; AND (III) ANONYMIZER’S CONSUMER PRODUCTS AND SERVICES AND CERTAIN OF ITS ENTERPRISE PRODUCTS AND SERVICES ARE OFFERED ON A SUBSCRIPTION BASIS, AND ARE SUBJECT TO RENEWAL (AND PAYMENT OF ADDITIONAL FEES) IN ORDER TO CONTINUE IN EFFECT BEYOND THE INTIAL SUBSCRIPTION PERIOD.

4. UNLAWFUL OR HARMFUL USE OF ANONYMIZER SOLUTIONS

The Anonymizer solutions are only for your personal use. You will not use the Anonymizer solutions for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements. You will not use the Anonymizer solutions in any way that is unlawful, criminal, or harms Anonymizer, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "Anonymizer Party" and collectively, the "Anonymizer Parties") or any customer of an Anonymizer Party, as determined in Anonymizer's sole discretion or any other person. You will not use the Anonymizer services to harass or threaten any other party. You will not use the Anonymizer Services to crash, slow, or intentionally harm any computer system. You may not use the Anonymizer solutions in any way that breaches any code of conduct, policy or other notice applicable to the Anonymizer solutions. You will not use the Anonymizer Services to obtain unauthorized access to any computer system. Without limiting the generality of this section, you may not use the Anonymizer solutions in any manner that could damage, disable, overburden, or impair any computer system or Anonymizer Web Site (or the network(s) connected to any Anonymizer Web Site) or interfere with any other party's use and enjoyment of the Anonymizer Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the Anonymizer Web Sites or solutions to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Anonymizer Web Sites in any way that violates the Anonymizer Anti-Spam Policy. You may view our Anti-Spam Policy outlined in our User Agreement - Personal, Non-Commercial Use. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Anonymizer may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Anonymizer Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Anonymizer Web Sites even if such e-mail does not violate the Anti-Spam Policy.

6. COMMUNICATIONS MONITORING

To the maximum extent permitted by applicable law, Anonymizer may monitor your use of the Anonymizer service, e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Anonymizer Parties or any customer of a Anonymizer Party.

7. SOFTWARE

Your use of any software or services associated with the Anonymizer Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Anonymizer grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Anonymizer Web Sites and in accordance with this Agreement. Anonymizer reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Anonymizer or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Anonymizer may automatically check your version of such software and provide occasional in-product messages to notify you of the new software updates, upcoming service expirations, or newly emerging security threats.

8. AUTOMATED AND HIGH SPEED REQUESTS

You will not access the Anonymizer Web Sites using any automated system or using repeated high speed requests.

9. ANONYMIZER MAKES NO WARRANTY

ANONYMIZER PROVIDES THE ANONYMIZER WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ANONYMIZER PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ANONYMIZER PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ANONYMIZER WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY ANONYMIZER PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ANONYMIZER WEB SITES, EVEN IF SUCH ANONYMIZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE ANONYMIZER WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ANONYMIZER PARTY WITH RESPECT TO THIS AGREEMENT OR THE ANONYMIZER WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ANONYMIZER WEB SITES.

11. CHANGES TO THE ANONYMIZER WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE ANONYMIZER PARTIES MAY CHANGE THE ANONYMIZER WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Anonymizer Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Anonymizer and persons other than Anonymizer (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE ANONYMIZER PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT ANONYMIZER IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ANONYMIZER WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE ANONYMIZER WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ANONYMIZER WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM ANONYMIZER OR THIRD PARTIES THOUGH LINKS CONTAINED ON THE ANONYMIZER WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

Anonymizer may terminate this Agreement, or terminate or suspend your access to the Anonymizer Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Anonymizer Web Sites will immediately cease.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with Anonymizer, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with an Anonymizer affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Anonymizer affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Anonymizer Web Sites are directed. If this Agreement is with Anonymizer, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in San Diego County, California, USA in all disputes arising out of or relating to the use of the Anonymizer Web Sites. If this Agreement is with a Anonymizer affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Anonymizer affiliate in all disputes arising out of or relating to the use of the Anonymizer Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Anonymizer may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ANONYMIZER Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Anonymizer with respect to the Anonymizer Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Anonymizer with respect to the Anonymizer Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND ANONYMIZER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ANONYMIZER WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the Anonymizer Web Sites are Copyright © 2008 Anonymizer, Inc. and/or its suppliers. All rights reserved. Anonymizer and/or other Anonymizer products and services referenced herein may also be either trademarks or registered trademarks of Anonymizer in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

17. OTHER NOTICES
EXPORT CONTROLS

The Anonymizer products and services may be subject to United States export controls. Access to Anonymizer services is prohibited from any country to which the United States has embargoed goods ( Syria, Sudan, North Korea, Afghanistan, Cuba, Iran, Iraq, and Libya) and from any organization named on the United State's Commerce Department's "Denied Parties List." In using the Anonymizer services, you are tacitly consenting to abide by all applicable US export laws and regulations. You are also confirming that you are not under the control of or residing in any country named under US export law. For more complete information on export laws, please refer to the US Commerce Department Bureau of Export Administration at (202) 482-2440, or (202) 482-4811.

DISALLOWED USES OF ANONYMIZER SERVICES

By using the Anonymizer Services, you agree to be bound, without any limitation or qualification, by the following Policies.

  • You agree not to use the Services to carry out unlawful activities.
  • You agree not to use a robot, such as ReGet, GetRight, Go!Zilla, or any similar programs, to download content continuously in an unattended or attended basis.
  • Anonymizer is not responsible in anyway for any damages or losses, either directly or indirectly, arising from your use of the Service, or by your inability to use the Service.
  • If you post messages through the Service, or send email through the Service, you agree not to send anything that is unlawful. You agree that you will not use the Service to:
    • harass, threaten, or abuse others.
    • invade the privacy of others.
    • infringe the copyright and/or intellectual properties of others.
    • impersonate another person or entity.
    • SPAM the Internet.
    • do anything illegal.
    • The Services are provided "as is". There is no warranty, expresses or implied, of any kind. Anonymizer does not warrant that the contents retrieved through the Service are error free.
    • You agree not to use the Service to post or email messages of a spamming nature or in violation of the Anonymizer Anti-Spam Policy.

Anonymizer reserves the right to take whatever actions Anonymizer deems appropriate to enforce Anonymizer's policies including, but not limited to Terms of Use and Notices. Anonymizer also reserves the right to change Anonymizer policies without prior notice at any time. The actions Anonymizer takes may include suspension or termination of the Service for the customer. Anonymizer does not issue credits for accounts cancelled due to policy violations. Anonymizer reserves the right to refuse service to anyone at anytime for any reason.

ACCOUNT INFORMATION

Passwords - Anonymizer provides anonymity and therefore keeps as little information as possible on our customers, including their passwords. If you forget your password, you will be unable to access your account. It is highly recommended that you record your username and password in a secure place for future reference.

Refunds - Refunds will only be given within 30 days of purchase of Anonymizer software and services. Refunds will only be given by calling Technical Support at 1-888-270-0141. This policy is necessary to prevent users from obtaining accounts for the sole purpose of abusive use as outlined above, and then canceling the account after malicious acts have been carried out.

Renewals - When you purchase Anonymizer services, your account will be configured for Autobill. If you choose not to utilize our automatic billing option, you can change this option only by logging into your account or calling Technical Support at 1-888-270-0141. We will not bill you for continued service when your account expires and it will be your responsibility to renew your account if you desire continued service. If you remain on automatic billing, your account will automatically renew at the end of your subscription and your credit card will be billed accordingly.

“Anonymizer Universal™”
End–User License Agreement

PLEASE READ THIS END–USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING THE ANONYMIZER SOFTWARE OR SERVICES. BY CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY‚ DOWNLOADING THE SOFTWARE‚ OR BY USING THE ANONYMIZER SOFTWARE OR SERVICES‚ YOU ARE INDICATING THAT YOU HAVE READ THIS EULA‚ THAT YOU UNDERSTAND IT‚ AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS‚ INCLUDING THE WARRANTY DISCLAIMERS‚ THE LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS‚ DO NOT ACCESS OR USE THE ANONYMIZER SOFTWARE OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS‚ CLICK THE “CANCEL” OR “NO” BUTTON OR OTHERWISE INDICATE REFUSAL‚ MAKE NO FURTHER USE OF THE SOFTWARE OR SERVICES‚ AND‚ IF YOU DESIRE A REFUND‚ CONTACT ANONYMIZER CUSTOMER SERVICE USING THE CONTACT DETAILS IN SECTION 19 OF THIS EULA. IF YOU AQUIRED THE SOFTWARE DIRECTLY FROM ANONYMIZER‚ OR ‚ IF YOU ACQUIRED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR‚ CONTACT THAT RESELLER OR DISTRIBUTOR FOR INFORMATION ON HOW TO OBTAIN A REFUND (LESS ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE TAXES ARE REFUNDABLE). ANY REQUEST FOR A REFUND FOR A PURCHASE MADE DIRECTLY FROM ANONYMIZER MUST BE MADE WITHIN SIXTY (60) DAYS FOLLOWING THE DATE OF PURCHASE. ANY REQUEST FOR A REFUND FOR A PURCHASE MADE FROM A RESELLER OR DISTRIBUTOR SHALL BE SUBJECT TO THE REFUND POLICIES (INCLUDING BUT NOT LIMITED TO TIME DEADLINES) OF THE RESELLER OR DISTRIBUTOR.

This EULA is a legal agreement between you (either an individual or a single entity) and Anonymizer‚ Inc. (“Anonymizer”) for personal non–commercial use of the Anonymizer software that accompanies this EULA (the “Software”) and the Anonymizer Internet–based non–attribution services (the “Services”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY CLICKING ON THE “I AGREE” BUTTON‚ INSTALLING‚ DOWNLOADING‚ COPYING‚ OR USING THE SOFTWARE OR SERVICES. IF YOU DO NOT AGREE‚ DO NOT CLICK ON THE “I AGREE” BUTTON‚ INSTALL‚ DOWNLOAD‚ COPY‚ OR USE THE SOFTWARE OR SERVICES.

  1. SUBSCRIPTION; GRANT OF LICENSE. The Software and Services and related documentation are the property of Anonymizer or its licensors‚ and are protected by copyright law. You are receiving a limited non–exclusive license to use the Software and Services during the Service Period. “Service Period” means the period commencing on the date you initially download the Software or access the Services‚ whichever first occurs‚ and lasting for the period of time set forth in the transactional documentation in printed‚ electronic‚ or online form (the “Documentation”) pursuant to which you acquired your license from Anonymizer or from a reseller or distributor‚ subject to earlier termination as herein provided. Subject to your compliance with all terms and conditions of this EULA‚ Anonymizer grants you the right to install and use a copy of the Software‚ and to access and use the Services‚ on one computer and one mobile device for personal use only‚ during the Service Period. Any commercial‚ non–personal usage is strictly forbidden under this EULA. Upon termination of the Service Period (or sooner termination of the license in accordance with the terms of this EULA) your right and ability to use and access the Software and Services will terminate‚ unless your subscription is renewed. If you purchased your license through the Anonymizer website‚ www.anonymizer.com‚ your credit card information is stored and your subscription is set to renew automatically by charging your credit card for the then current subscription renewal fee. If you downloaded a trial subscription‚ your credit card information is collected and your trial subscription begins at the time of download‚ and your trial subscription will be automatically converted into a paid subscription for the Service Period and at the price stated in the Documentation unless you cancel your trial subscription prior to the end of the trial period. In renewing (automatically or otherwise) your subscription you agree to accept all updates to the EULA and Terms of Use that may have occurred during the Service Period. You may opt out of the automatic renewal feature‚ in which case your subscription will terminate at the end of the Service Period (unless sooner terminated in accordance with the terms of this EULA.) To opt out of the automatic renewal feature‚ referred to as “Autobill” on the Anonymizer website‚ log in to the Anonymizer website‚ www.anonymizer.com‚ and select “Off” in My Subscriptions. You may also opt out of the automatic renewal feature by calling the Anonymizer Support staff at 888–270–0141.
  2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use the Software or Services in any manner that could damage‚ disable‚ overburden‚ or impair such services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any service‚ account‚ computer systems or networks associated with the Services. You may only use the Software and Services for personal‚ non–commercial purposes‚ and not in any way to provide‚ or as part of‚ any commercial service or application. You may not use the Software or Services: for the purpose of violating‚ or in a manner that violates‚ any foreign‚ federal‚ state or local law or regulation; in a manner that infringes or violates any privacy‚ confidentiality‚ contractual or other rights of another; to transmit information that is defamatory‚ offensive‚ misleading‚ false‚ harmful to minors‚ or obscene; to gain unauthorized access to any service‚ account‚ computer system or network; or to transmit any viruses or programming routines intended to damage‚ surreptitiously intercept‚ or expropriate any system‚ data or personal information. In addition to the terms and conditions of this EULA you shall comply with the Terms of Use‚ http://www.anonymizer.com/legal/‚ applicable to use of Anonymizer's websites if you use the Software or Services in conjunction with use of any Anonymizer website. Any failure to comply with said Terms of Use shall constitute a breach of this EULA. Anonymizer reserves the right‚ in its sole discretion‚ to limit or deny access to specific Internet Ports or addresses if Anonymizer in its reasonable judgment believes such ports or addresses are being accessed in violation of the Anonymizer’s Terms of Use.
  3. EVENTS BEYOND ANONYMIZER’S CONTROL. Notwithstanding anything to the contrary contained in this EULA or elsewhere in any document relating to the Software or Services‚ Anonymizer shall not be liable for any disruption in the Services caused by factors outside of Anonymizer’s control‚ including but not limited to‚ any problems with your computing or network infrastructure‚ hardware or software‚ problems with your internet service provider (ISP)‚ or electrical outage. Without limiting the generality of the foregoing‚ Anonymizer shall not be held responsible for any Internet accessibility issues beyond the control of Anonymizer including but not limited to service outages by utility providers or other third party service providers‚ service outages affecting you or any Internet query target destination and any blocking or accessibility problems arising at any Internet query target destination.
  4. SYSTEM CAPACITY; EXCESSIVE QUERIES TO A SINGLE URL. Anonymizer’s Services have sufficient capacity to accommodate average non–commercial use by its customers‚ but from time to time you may temporarily experience slower service‚ or service unavailability‚ during periods of extraordinarily heavy usage of the Anonymizer Services. No such temporary slowdown or unavailability shall constitute a breach or default by Anonymizer of its obligations hereunder. In addition‚ Anonymizer reserves the right to temporarily suspend or limit your use of the Services in the event you make excessively heavy use of the Services beyond normal non–commercial usage‚ or if you excessively access a particular URL target. You acknowledge that such suspension or limitation may be necessary to avoid having your use result in restricting‚ disrupting‚ degrading or impeding Anonymizer’s ability to deliver the Services to its other customers‚ or to avoid the blocking by a particular URL target of Internet Protocol addresses utilized by Anonymizer in providing Services to you and Anonymizer’s other customers. No such suspension or limitation of the Services by Anonymizer shall constitute a breach or default by Anonymizer of its obligations hereunder. Anonymizer reserves the right to establish specific bandwidth usage limitations determined in Anonymizer’s reasonable discretion as may be necessary in Anonymizer’s judgment to reduce or avoid degradation of the Services.
  5. RESERVATION OF RIGHTS AND OWNERSHIP. Anonymizer reserves all rights not expressly granted to you in this EULA. The Software and Services are protected by copyright and other intellectual property laws and treaties. You agree that Anonymizer or its licensors own the title‚ copyright‚ and other intellectual property rights in the Software and Services. The Software and access to the Services are licensed‚ not sold‚ to you and are subject to the provisions of this EULA. This EULA does not grant you any rights to trademarks or service marks of Anonymizer.
  6. LIMITATIONS ON REVERSE ENGINEERING‚ AND OTHER LICENSE RESTRICTIONS. You may not reverse engineer‚ decompile‚ or disassemble the Software or Services‚ except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Except as otherwise specifically permitted in this EULA‚ you may not: modify or create any derivative works of the Software or Services; copy the Software; sublicense or permit simultaneous use of the Software or Services by more than one user or on more than one mobile device and computer; transfer the Software under any circumstances; or remove or alter any Anonymizer trademark‚ logo‚ copyright or other proprietary notices‚ legends‚ or symbols. The Software and the Services provided to you by Anonymizer constitute confidential proprietary information of Anonymizer. You agree not to transfer‚ copy‚ disclose‚ provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Anonymizer. You agree to implement reasonable security measures to protect such confidential information. You will use your best efforts to cooperate with and assist Anonymizer in identifying and preventing any unauthorized use‚ copying‚ or disclosure of any Anonymizer confidential information.
  7. NO RENTAL/COMMERCIAL HOSTING. You may not rent‚ lease‚ lend or provide commercial hosting services with the Software or Services.
  8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates‚ supplements‚ add–on components‚ or Internet–based service components‚ of the Software and Services that Anonymizer may provide to you or make available to you after the date you obtain your initial copy of the Software‚ unless they are accompanied by separate terms. Anonymizer reserves the right to discontinue Services provided to you or made available to you through the use of the Software at the end of your subscription period.
  9. PRIVACY; DATA PROTECTION. From time to time Anonymizer may collect and use personal information about you as detailed below in this Section.

    When you navigate our website‚ Anonymizer will gather certain information such as your Internet Protocol address‚ browser type‚ browser language‚ and the date and time of your visit. We may place a cookie on your computer‚ and use this information for our internal marketing purposes‚ to improve our website or our products and services‚ or to track abuse and spamming. Please note that your use of the Anonymizer websites is governed by the Anonymizer Terms of Use‚ which may be viewed at http://www.anonymizer.com/legal/. When you place an order‚ download software‚ respond to our promotional campaigns‚ request email technical support or otherwise communicate with us about our goods or services‚ we will gather‚ retain and use certain personal information you provide to us. For example‚ we may collect information such as your name‚ contact information including address and email address‚ credit card number‚ your billing and shipping address‚ and records of the kinds of products and services you have purchased from us or have started trial usage of. We will use this information to complete your order (anonymous cash payment is also available) or validate your trial‚ respond to your request or communication‚ to assist us in providing our products and services to you‚ and to manage our relationship with you. By furnishing any such information to us‚ you expressly consent to the use of your information in accordance with the terms of this EULA privacy policy. For your protection‚ all information with respect to an order‚ including the credit card holder's name‚ credit card number‚ expiration date‚ security code and billing address‚ is subject to verification prior to processing any order. This is to assist us in preventing fraud and the unauthorized use of credit cards‚ and to validate trial users. Records of your billing information are kept separately from records of your Internet activities because our billing system and Anonymizer privacy and security services operate independently.

    When you use the Software and Services‚ due to the configuration of Anonymizer’s systems‚ except as hereinafter provided‚ Anonymizer cannot correlate other than in real time any individual user with a visit of any individual website. Anonymizer may from time to time‚ in real time‚ observe and monitor usage of its Services such as traffic flow and pattern‚ in order to monitor the proper functioning of its systems‚ and to enforce Anonymizer’s Terms of Use. Anonymizer keeps no record of Internet Protocol addresses visited attributable to your account‚ except as provided in the following sentence. For troubleshooting purposes from time to time it may become necessary for Anonymizer‚ during limited and usually brief periods of time‚ to maintain usage data to assist Anonymizer in debugging its system‚ investigating fraud‚ illegal use‚ abuse or other violations of the license terms‚ or addressing other problems in its products or services. This usage data may include such information as the Web request‚ and the date and time of your login. This information is not retained once the troubleshooting is resolved.

    Anonymizer will not sell‚ rent‚ trade‚ or lease your personal information for marketing purposes. We may share information with third parties who furnish services necessary to provide you with the products and services offered by Anonymizer‚ including resellers and distributors‚ but only if these third parties agree to comply with our privacy policies and not use your personal data for any other purpose. Apart from this‚ we disclose personal information only when we have a good faith belief that access‚ use‚ preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law‚ regulation‚ legal process or enforceable governmental request‚ (b) enforce applicable terms of use or other contract rights‚ including investigation of potential violations thereof‚ (c) detect‚ prevent‚ or otherwise address fraud‚ security or technical issues (including abuse of our products or services by spamming or other abuses of netiquette‚ and use of our products or services to attack other systems or to gain unauthorized access to any other system) or (d) protect against imminent harm to the rights‚ property or safety of Anonymizer‚ our customers or the public. Please note that if Anonymizer sells all or a portion of its business or assets‚ Anonymizer reserves the right to transfer customer information to the acquirer as part of that acquisition.

    Note Regarding Data Transfer: The information you provide us may be transferred outside your country and across international borders for the purpose of processing and/or storage by Anonymizer‚ Inc.‚ its affiliates and agents. By submitting your information‚ you agree to that international transfer.
  10. EXPORT RESTRICTIONS. You agree to comply with all applicable U.S. and foreign laws that apply to the Software and Services‚ including the U.S. Export Administration Regulations (“EAR”)‚ as well as end–user‚ end–use‚ and destination restrictions issued by U.S. and other governments. You acknowledge that the Software‚ Services‚ documentation and related technical data and services (collectively “Controlled Technology”) may be subject to the import and export laws of the United States‚ specifically the EAR‚ and the laws of any country where Controlled Technology is imported or re–exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country‚ entity‚ or person for which an export license or other governmental approval is required.
  11. SEPARATION OF COMPONENTS. The Software and Services are licensed as a single product. Their component parts may not be separated for use on more than one device.
  12. TERM AND TERMINATION. The Software and Services are licensed to you hereunder on a subscription basis. Your license to use the Software and Services will terminate at the end of the Service Period‚ subject to earlier termination as herein provided. Without prejudice to its other rights and remedies‚ Anonymizer may terminate the license rights granted to you without further obligation to you if you fail to comply with the terms of this EULA or the Terms of Use relating to use of Anonymizer's websites.
  13. LIMITED WARRANTY; LIMITATION OF LIABILITY. ANONYMIZER WARRANTS THAT THE SOFTWARE AND SERVICES WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THEIR DESCRIPTION AND ACCOMPANYING MATERIALS FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF PURCHASE OR THE COMMENCEMENT OF THE SERVICE PERIOD‚ WHICHEVER FIRST OCCURS. SUPPLEMENTS‚ UPDATES‚ SERVICE PACKS OR FIXES (IF ANY) PROVIDED TO YOU AFTER THE EXPIRATION OF THE SIXTY DAY LIMITED WARRANTY PERIOD ARE NOT COVERED BY ANY WARRANTY OR CONDITION‚ EXPRESS‚ IMPLIED OR STATUTORY.

    IF AN IMPLIED WARRANTY OR CONDITION IS CREATED BY YOUR STATE/JURISDICTION AND FEDERAL OR STATE/PROVINCIAL LAW PROHIBITS DISCLAIMER OF IT‚ YOU ALSO HAVE AN IMPLIED WARRANTY OR CONDITION‚ BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (SIXTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE SIXTY DAY PERIOD‚ THERE IS NO WARRANTY OR CONDITION OF ANY KIND. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS‚ SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY IS AS SET FORTH BELOW. EXCEPT FOR ANY REFUND ELECTED BY ANONYMIZER‚ YOU ARE NOT ENTITLED TO ANY DAMAGES‚ INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES‚ IF THE SOFTWARE OR SERVICES DO NOT MEET ANONYMIZER'S LIMITED WARRANTY‚ AND‚ TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW‚ EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES‚ SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. ANONYMIZER'S AND ITS SUPPLIERS'‚ DISTRIBUTORS’ AND RESELLERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY OR FOR ANY OTHER BREACH OF THIS EULA OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE OR SERVICES SHALL BE‚ AT ANONYMIZER'S OPTION FROM TIME TO TIME EXERCISED SUBJECT TO APPLICABLE LAW‚ (A) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE AND SERVICES‚ IN WHICH CASE YOUR LICENSE SHALL BE TERMINATED‚ OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE AND SERVICES. YOU WILL RECEIVE THE REMEDY ELECTED BY ANONYMIZER WITHOUT CHARGE. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE OR SERVICES HAS RESULTED FROM ACCIDENT‚ ABUSE‚ MISAPPLICATION‚ ABNORMAL USE‚ A VIRUS‚ OR VIOLATION OF THE TERMS OF THIS EULA. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS‚ WHICHEVER IS LONGER‚ AND ANONYMIZER WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOUR REMEDY WITHIN A COMMERCIALLY REASONABLE TIME OF YOUR COMPLIANCE WITH ANONYMIZER'S WARRANTY REMEDY PROCEDURES.

    NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING‚ WITHOUT LIMITATION‚ ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE)‚ THE ENTIRE LIABILITY OF ANONYMIZER AND ANY OF ITS SUPPLIERS‚ DISTRIBUTORS OR RESELLERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY ANONYMIZER WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF (1) THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR (2) U.S. $5.00. THE FOREGOING LIMITATIONS‚ EXCLUSIONS AND DISCLAIMERS AND SECTION 14 BELOW SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW‚ EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
  14. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) EXPRESS OR IMPLIED CREATED BY ANY ADVERTISING‚ DOCUMENTATION‚ PACKAGING‚ OR OTHER COMMUNICATIONS. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW‚ ANONYMIZER AND ITS SUPPLIERS‚ DISTRIBUTORS OR RESELLERS PROVIDE THE SOFTWARE AND SERVICES “AS IS” AND WITH ALL FAULTS‚ AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS‚ WHETHER EXPRESS‚ IMPLIED OR STATUTORY‚ INCLUDING‚ BUT NOT LIMITED TO‚ ANY (IF ANY) IMPLIED WARRANTIES‚ DUTIES OR CONDITIONS OF MERCHANTABILITY‚ OF FITNESS FOR A PARTICULAR PURPOSE‚ OF RELIABILITY OR AVAILABILITY‚ OF ACCURACY OR COMPLETENESS OF RESPONSES‚ OF RESULTS‚ OF WORKMANLIKE EFFORT‚ OF LACK OF VIRUSES‚ AND OF LACK OF NEGLIGENCE‚ ALL WITH REGARD TO THE SOFTWARE‚ AND THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES OR SUPPORT‚ OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE AND SERVICES. WITHOUT LIMITATION OF THE FOREGOING‚ ANONYMIZER DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS‚ THAT OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE‚ WILL BE VIRUS FREE‚ OR WILL BE ACCURATE‚ COMPLETE OR RELIABLE. ALSO‚ THERE IS NO WARRANTY OR CONDITION OF TITLE‚ QUIET ENJOYMENT‚ QUIET POSSESSION‚ CORRESPONDENCE TO DESCRIPTION OR NON–INFRINGEMENT WITH REGARD TO THE SOFTWARE AND SERVICES.
  15. EXCLUSION OF INCIDENTAL‚ CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW‚ IN NO EVENT SHALL ANONYMIZER OR ITS SUPPLIERS‚ DISTRIBUTORS AND RESELLERS BE LIABLE FOR ANY SPECIAL‚ INCIDENTAL‚ PUNITIVE‚ INDIRECT‚ OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING‚ BUT NOT LIMITED TO‚ DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION‚ FOR BUSINESS INTERRUPTION‚ FOR PERSONAL INJURY‚ FOR LOSS OF PRIVACY‚ FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE‚ FOR NEGLIGENCE‚ AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES‚ THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES‚ INFORMATION‚ SOFTWARE‚ AND RELATED CONTENT THROUGH THE SOFTWARE OR SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICES‚ OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA‚ EVEN IN THE EVENT OF THE FAULT‚ TORT (INCLUDING NEGLIGENCE)‚ MISREPRESENTATION‚ STRICT LIABILITY‚ BREACH OF CONTRACT OR BREACH OF WARRANTY OF ANONYMIZER OR ANY SUPPLIER‚ AND EVEN IF ANONYMIZER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  16. U.S. GOVERNMENT LICENSE RIGHTS. Any use‚ modification‚ reproduction release‚ performance‚ display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this EULA. The Software and Services constitute “commercial items” as defined in Federal Acquisition Regulation Section 2.101. This EULA constitutes a “contract for commercial items” for the purposes of Federal Acquisition Regulation (“FAR”) 12.211‚ and the Software and Services are provided with the commercial license rights and restrictions described elsewhere herein. The Software and related documentation constitute “commercial computer software” and “commercial computer software documentation” for the purposes of FAR 12.212 and Defense Acquisition Regulations (“DFARS”) Section 227.7202‚ as applicable‚ and any successor regulations. Any use‚ modification‚ reproduction release‚ performance‚ display or disclosure of the Software‚ Services or related documentation by the U.S. Government shall be solely in accordance with the terms of this EULA.
  17. APPLICABLE LAW. If you acquired this Software in the United States or Canada‚ this EULA is governed by the laws of the State of California. If you acquired this Software in the United States‚ you consent to the jurisdiction of the federal and state courts sitting in California in respect of any dispute which may arise hereunder. If you acquired this Software in Canada‚ unless expressly prohibited by local law‚ in respect of any dispute which may arise hereunder you consent to the jurisdiction of the federal and state courts sitting in California. If you acquired this Software in the European Union‚ Iceland‚ Norway‚ or Switzerland‚ then local law applies. If you acquired this Software in any other country‚ then the laws of the State of California apply‚ unless the laws of that country require that local law applies.
  18. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Anonymizer relating to the Software and the Services and supersedes all prior or contemporaneous oral or written communications‚ proposals and representations with respect to the subject matter covered by this EULA. To the extent the terms of any Anonymizer policies or programs for support services conflict with the terms of this EULA‚ the terms of this EULA shall control. If any provision of this EULA is held to be void‚ invalid‚ unenforceable or illegal‚ the other provisions shall continue in full force and effect.
  19. TECHNICAL SUPPORT; CONTACT INFORMATION. In connection with your use of the Software and Services you may choose to access certain technical support (“Technical Support”) that may be offered by Anonymizer. Any such Technical Support shall be provided in Anonymizer’s sole discretion without any guarantee or warranty of any kind. It is solely your responsibility to complete a backup of all your existing data‚ software and programs. In the course of providing any Technical Support‚ Anonymizer may determine that the technical issue is beyond the scope of its technical support capabilities. Anonymizer reserves the right to refuse‚ suspend or terminate any of the Technical Support in its sole discretion. To contact Anonymizer regarding this EULA or the Software or Services‚ or to renew your license subscription‚ send an email to Anonymizer at cs@anonymizerinc.com‚ or telephone Anonymizer at 1–888–270–0141.

©2010 Anonymizer‚ Inc. All rights reserved. Anonymizer‚ Anonymizer Anonymous Surfing‚ Anonymizer Anti–Spyware‚ Anonymizer Digital Shredder‚ Anonymizer Nyms‚ Anonymizer Total Net Shield‚ Anonymizer Universal and “Your Online Universe. Protected.” are trademarks or registered trademarks of Anonymizer‚ Inc.

AU– 070910

Anonymizer Privacy Policy

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Date Updated: October 7, 2008

At Anonymizer, we do more than help you protect your privacy.

As the leader in Internet privacy & security solutions, Anonymizer knows the value of information and understands your concerns about privacy. As a result, we believe that you have the right to know how we collect and use your personal information. Anonymizer values your trust and respects your privacy - and is committed to protecting them.

What customer information does Anonymizer gather and use?

Anonymizer is the sole owner of the information collected on this site. We will not sell, rent, trade or lease this information to others in ways different from what is disclosed in this policy.

When you navigate our Web site, Anonymizer will gather certain information such as your Internet Protocol address, browser type, browser language, the date and the date and time of your visit. We may place a cookie on your computer (see discussion of cookies, below), and use this information for our internal marketing purposes, to improve our Web site or our products and services, or to track abuse and spamming. Please note that your use of the Anonymizer Web site is governed by the Anonymizer Terms of Use. FOR INFORMATION REGARDING THE ANONYMIZER TERMS OF USE CLICK HERE

When you place an order, download software, respond to our promotional campaigns, request email technical support or otherwise communicate with us about our goods or services, we will gather, retain and use certain personal information you provide to us. For example, we may collect information such as your name, contact information including address and email address, credit card number, bank account number, your billing and shipping address, and records of the kinds of products and services you have purchased from us or have started trial usage of. We will use this information to complete your order (anonymous cash payment is also available), respond to your request or communication, to assist us in providing our products and services to you, and to manage our relationship with you. By furnishing any such information to us, you expressly consent to the use of your information in accordance with the terms of this privacy policy.

For your protection, all information with respect to an order, including the credit card holder's name, credit card number, expiration date, security code and billing address, is subject to verification prior to processing any order. This is to assist us in preventing fraud and the unauthorized use of a credit card without the cardholder's permission. Records of your billing information are kept separately from records of your Internet activities because our billing system and Anonymizer privacy and security services run independently.

When you use Anonymizer's anonymous Web surfing products and services, due to the configuration of Anonymizer's systems, Anonymizer cannot correlate any individual user with a visit of any individual website. Furthermore, Anonymizer keeps no record of Internet Protocol addresses visited, except as provided in the following sentence. For troubleshooting purposes from time to time it may become necessary for Anonymizer, during limited and usually brief periods of time, to maintain usage data to assist Anonymizer in debugging its system or addressing other problems in its products or services. This usage data may include such information as the Web request, the date and time of your login. This information is not retained once the troubleshooting is resolved. Please note that Anonymizer's products and services are sold and furnished to its customers pursuant to terms and conditions of end user license agreements governing use of the particular products or services being furnished, which agreements may contain provisions regarding the generation, maintenance, use and disposition of customer information which supplement or vary from those of this privacy policy, and which will take precedence in governing the customer's use of the subject products or services.

Customers using Nyms and Total Net Shield are provided an anonymous email address that correlates in our system back to their username and real identity. Unless addressed to us, we do not read email messages, instant messages, online chats, or the content of other online communications that pass through our service. Anonymizer will not disclose customer identities or information concerning email communication except as stated below in the discussion of our information sharing practices.

Will Anonymizer share my information with other companies or people?

Anonymizer will not sell, rent, trade, or lease your personal information for marketing purposes. We may share information with third parties who furnish services necessary to provide you with the products and services offered by us but only if these third parties agree to comply with our privacy policies and not use your personal data for any other purpose. Apart from this, we disclose personal information only when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable terms of use or other contract rights, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including abuse of our products or services by spamming or other abuses of netiquette, and use of our products or services to attack other systems or to gain unauthorized access to any other system) or (d) protect against imminent harm to the rights, property or safety of Anonymizer, our customers or the public. Please note that if Anonymizer sells all or a portion of its business or assets, Anonymizer reserves the right to transfer customer information to the acquirer as part of that acquisition.

Note to European Customers: The information you provide us will be transferred outside the European Economic Area for the purpose of processing by Anonymizer, Inc., its affiliates and agents. By submitting your information, you agree to that international transfer.

Does Anonymizer use Cookies?

Like most companies, Anonymizer uses cookies to customize our communication and provide you with better service. A cookie is a small data file that our Web site writes to your hard drive when you visit our site. That file may contain information such as what pages within our Web site you have visited, and how often you have visited those pages. The primary reason Anonymizer uses cookies is to prepare customized pages for you. However, a cookie cannot read data off your computer's hard disk. You can also set your browser to warn you before accepting cookies, or you can refuse cookies by turning them off in your browser.

Does Anonymizer collect information on minors?

Anonymizer does not intend to collect information from children who are under the age of 18 in the European Union and Asia Pacific, or under the age of 13 in the United States and Latin America. If you do not meet these age limits, you should not provide information on this site and should ask your parent or guardian to do so for you.

How can I manage my personal information or unsubscribe from emails?

Anonymizer maintains the following procedures for you to review or request changes to the information that we collect about you.

For e-newsletters, software updates, and special offers, you may unsubscribe from receiving Anonymizer communications at http://www.anonymizer.com/consumer/mailinglist_management.html. This link is also included in all email communications that are sent to you.

If you have created an account at Anonymizer's online store, you may change your personal information after logging into your account at https://www.anonymizer.com/consumer/login.html.

How can I contact Anonymizer if I have any further questions?

Telephone: 1-858-202-5084
Fax: 1-858-866-0164
Toll Free: 1-888-270-0141
Address:
Anonymizer, Inc.
6755 Mira Mesa Blvd.
Suite #123-164
San Diego, CA 92121-4311

How will I know if this privacy policy changes?

Anonymizer is dedicated to continually improving its Web sites by adding new functionality, products, services and programs. Because of those improvements - along with changes in the law, technology, and Anonymizer's business - Anonymizer reserves the right to change, modify, add, or remove portions of this privacy policy at any time simply by posting the revised privacy policy on the site, and without any other notice to you. Any such change, update, or modification will become effective immediately upon posting of the revised privacy policy on the site. We encourage you to review our Privacy Policy whenever you use this Web site to make sure you always understand how your information will be used.

Additional Information

Please note that this policy is only applicable to this site, and not to any other Web sites that you may be able to access from this site, each of which may have data collection and use practices that differ materially from this policy.

Trademarks

Anonymizer, Anonymizer Anonymous Surfing, Anonymizer Anti-Spyware, Anonymizer Digital Shredder, Anonymizer Nyms, Anonymizer Total Net Shield, Anonymizer Universal, and “Your Online Universe. Protected.” are trademarks or registered trademarks of Anonymizer, Inc.

Mac and iPhone are trademarks of Apple, Inc. The terms “Mac” or “iPhone” or any depiction of either product anywhere on this Web site is used for descriptive purposes only, and does not indicate any authorization or endorsement by Apple, Inc., or the existence of any affiliation between Apple, Inc. and Anonymizer, Inc.

Microsoft, Windows, and Windows Vista are registered trademarks of Microsoft corporation in the United States and/or other countries. Any depiction of these anywhere on this Web site are used for descriptive purposes only, and do not indicate any authorization or endorsement by Microsoft Corporation, or the existence of any affiliation between Microsoft Corporation and Anonymizer, Inc.

©2010 Anonymizer, Inc. All rights reserved.

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