Terms and Conditions

IMPORTANT — READ CAREFULLY: These Terms and Conditions for iS3 Products and Services (“Agreement”) is a legal agreement between you (either an individual or an entity) and International Software Systems Solutions, Inc. and its suppliers and licensors (collectively “iS3″) for the iS3 products (“Products”) and services (“Services”). The Services include the use of iS3 Products, upgrades and support. You may only receive the Services if you are a customer who purchased a license, a service subscriber in good standing with a valid authorized credit card on file with iS3 or if you are in the trial period of the Services. By clicking on the “CONTINUE->>” button on the Product purchase page, you agree to be bound by the terms of this Agreement and accepting the Services described herein. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “CONTINUE->>” BUTTON AND DO NOT PURCHASE THE PRODUCT.

YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE DISCRETION OF iS3.

YOUR USE OF THE iS3 SOFTWARE WILL BE GOVERNED BY THE iS3 END USER LICENSE AGREEMENT (“EULA”) ACCOMPANYING THE SOFTWARE, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE APPROPRIATE iS3 PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. BY CLICKING ON THE “ACCEPT” BUTTON, OR OTHERWISE USING OR ACCEPTING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.

1. PAYMENT & SERVICES.
   
   Yearly Subscriptions Product: STOPzilla AVM and STOPzilla AntiMalware
   
   Following the expiration of a trial period that may be provided to you at the sole discretion of iS3, you agree to pay iS3 for a yearly service charge for your use of the Services using a valid payment method, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize iS3 to automatically bill the credit, charge or debit card you provide each year, until you cancel the Services. iS3 may receive updated information about your account from the financial institution issuing your credit, charge or debit card. Payments are billed in advance at the beginning of the applicable year. All payments are completely refundable within 30 days of initial subscription date and 60 days of renewal date. You agree to provide iS3 with a valid payment method and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.
   
   You are responsible and liable for any fees, including attorney and collection fees, that iS3 may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated. You agree to notify iS3 about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to iS3′s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
   
   During your subscription period, you will be entitled to receive: (1) the software Product; (2) any generally available iS3 upgrades released during your subscription period; and (3) iS3 support services as described at http://www.iS3.com/director/?type=support. UNDER NO CIRCUMSTANCES WILL iS3 BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, AVAILABILITY OF THE SERVICE, ANY SUBJECT MATTER RELATED TO THE PRODUCT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS PROVIDED AS PART OF THE SERVICE.
   
   Lifetime Subscriptions Product: STOPzilla 5.0 and STOPzilla AVM
   
   If you purchased an LTU (Life Time Upgrades) or LTS (Life Time Subscription) for any of the following products, you are entitled to receive free product upgrades and technical support for the life of the product or as long as the product exists, without incurring additional charges.
   
   During your subscription period, you will be entitled to receive: (1) the software Product; (2) any generally available iS3 upgrades released during your subscription period; and (3) iS3 support services as described at http://www.iS3.com/director/?type=support. Lifetime licenses for any iS3 product are for the life of the specific product purchased, and the Lifetime license will expire after 5 years. Lifetime licenses for STOPzilla 5.0 are not transferable to STOPzilla AVM 2013 as these are 2 distinct and separate products with different purposes and technology. STOPzilla 5.0/STOPzilla AntiMalware 6.0 are AntiMalware products and STOPzilla AVM 2013 is an AntiVirus with AntiMalware product. UNDER NO CIRCUMSTANCES WILL iS3 BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, AVAILABILITY OF THE SERVICE, ANY SUBJECT MATTER RELATED TO THE PRODUCT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS PROVIDED AS PART OF THE SERVICE.
   
   Product License Purchase: Product MAXpc
   
   Following the expiration of a trial period that may be provided to you at the sole discretion of iS3, you agree to pay iS3 for a License fee for your use of the software Product using a valid payment method, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize iS3 to automatically notify you of new versions available for the software Product via email or notices. All payments are completely refundable within 30 days of initial purchase date. You agree to provide iS3 with accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.
   
   You are responsible and liable for any fees, including attorney and collection fees, that iS3 may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances due at the time of purchase, or if the Services are terminated in the sole discretion of iS3. You agree to notify iS3 about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to iS3′s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
   
   For your license software, you will be entitled to receive: (1) the software Product; (2) any generally available iS3 upgrades released for your version; and (3) iS3 support services as described at http://www.iS3.com/director/?type=support. UNDER NO CIRCUMSTANCES WILL iS3 BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO FROM iS3, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY SUBJECT MATTER RELATED TO THE PRODUCT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS PROVIDED BY iS3.
   
   Oklahoma Users
   
   iS3 is a “Non-Collecting retailer” not currently registered to collect and remit Oklahoma sales and use tax, who makes sales of tangible personal property (companion CD) from a place of business outside Oklahoma to be shipped to Oklahoma for use and who is not required to collect Oklahoma sales or use taxes.
   
   
2. YOUR RIGHT TO CANCEL iS3 SERVICES.
   You may cancel the iS3 Product licenses or Services at any time. If you cancel after 30 days, you will not receive any refund or partial refund for any charges already billed to your account. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel the services by contacting iS3 by phone at 1-877-877-9944 (from the United States or Canada), or 1-561-586-6055 from other locations. You understand and agree that cancellation of your Product license or subscription is your sole right and remedy with respect to any dispute with iS3. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or iS3′s enforcement or application of this Agreement; (2) any policy or practice of iS3, including any iS3 Privacy Policy, or iS3′s enforcement or application of these policies; (3) any iS3 Software or Content provided by or through iS3; or (4) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
   
   
3. iS3S’ RIGHT TO TERMINATE OR MODIFY SERVICES.
   iS3 may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services or software Products, upon notice to you. In the event iS3 modifies the Agreement or the Services, you may terminate the Product license or Services. iS3 may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rated refund at iS3′s sole discretion. iS3 may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from iS3 to effect such termination. Upon any termination of this Agreement (whether by you or iS3), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
   
   
4. SERVICE USE RESTRICTIONS:
   
   1. You agree that you shall only use the software Products or Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Products or Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Products or Services; (ii) modify, translate, distribute or create derivative works of the Products or Services; (iii) copy or redistribute the Software; (iv) rent, lease, transfer, or otherwise transfer rights to the Products or Services; (v) remove any proprietary notices or labels on the Products or Services; (vii) reverse engineer the Products; or (viii) add to, alter, delete from, or otherwise modify the Products.
      
      
   2. You may only use the Products or Services for your private, non-commercial use. You may not use the Products, Services or Contents in any way to provide, or as part of, any commercial service or application. All Contents, including but not limited to what is streamed, downloaded or copied using the Products or Services, are protected by the U.S. copyright laws and related laws of other jurisdictions, and are provided for your own personal use only. You may not, under any circumstances, distribute Content to third parties, or broadcast or perform the Contents outside your normal circle of family and social acquaintances.
      
      
   3. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Products.
      
      
   4. You understand that the Products or Services may suppress applications, or components of applications (“Applications”), from running on your computer. This may include Applications which you may have agreed to use within certain limitations. You agree that it is your responsibility to honor and respect all agreements and their terms for all Applications installed in your computer prior to or after installing the Products or Services, and you further agree that iS3 shall not be liable to you, in any way, should the Products or Services suppress such Applications.
      
      
   5. In addition to any other remedies available in equity or law to iS3, failure to comply with any of the terms and conditions in this Section 4, Service Use Restrictions, shall immediately terminate your license to the Products or Services.
      
      
5. PERSONAL INFORMATION AND PRIVACY.
   You are required to have an iS3 account to use the iS3 Products. Personal information you provide to iS3 is governed by iS3 Privacy Policy at http://www.iS3.com/director/?type=privacy_statement. Your election to use the paid Services indicates your acceptance of the terms of the iS3 Privacy Policy, so please review it carefully should you have any questions about iS3 treatment of personal information you provide to us. To summarize key terms of the iS3 Privacy Policy: Information collected in iS3 accounts may include name, e-mail address, age, gender, location information, Product and service information, purchase information and credit card billing information. The information may be stored locally in cookies on a user’s personal computer and on iS3 servers and is sent to and from such servers as part of routine Product communications that enable iS3 Products functionality.
   
   iS3 uses this information to:
   
   
   1. Verify access rights to services or software and automated updates.
   2. To provide you with information about Products, services, news and events.
   3. To allow you to purchase and download Products and services.
   4. To provide you with advertising, promotions and special offers we feel you may be interested in based on content preferences and other information you provide to us.
   5. For license reporting, billing, royalty payments and assessment of service levels.
   6. To better understand on an aggregated basis how our Products and/or web sites are used.
   
   
   This information is treated according to the iS3 Privacy Policy at http://www.iS3.com/director/?type=privacy_statement. If you have questions about our Privacy Policy, please e-mail us at support@iS3.com.
   
   You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify iS3 immediately of any unauthorized account use. iS3 is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
   
   
6. E-MAIL & TELEPHONE NOTIFICATION.
   To let you know what new Services are available from time to time, iS3 will send you e-mail or contact you by telephone describing the latest upgrades and how to get access to them. You agree that as a Service subscriber, iS3 may contact you via the e-mail address or telephone number you provide. Because this e-mail or this telephone communication is necessary for you to receive the Services, you will receive this e-mail or a telephone call even if you have opted out of receiving any communication from iS3. If you do not want to be notified, you may cancel the Service at any time as provided in this Agreement, or opt out of the iS3 Service e-mail as provided in each e-mail.
   
   
7. TITLE.
   Title, ownership, rights, and intellectual property rights in and to the Products or Services shall remain in iS3 and/or its suppliers. The Products or Services are protected by the copyright laws of the United States and other countries, and by international copyright treaties. Title, ownership rights and intellectual property rights in and to the Products accessed through the Services shall be retained by the applicable Content owner and may be protected by applicable copyright or other laws.
   
   
8. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.
   THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISSS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES OR CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL iS3 OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, OR THE CONTENT EVEN IF ISSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ISSS RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE CANCELLATION OF THE iS3 SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $1.00 OR THE AMOUNT YOU PAID. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. iS3 DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH iS3.
   
   
9. NO ASSIGNMENT.
   This Agreement is personal to you, and may not be assigned without iS3′s express written consent.
   
   
10. IMPORTANT-MISCELLANEOUS.
    Arbitration & Jurisdiction. You and iS3 agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Services, or your use of the Services (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or iS3 toward the other, shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a panel of three arbitrators and conducted in the State of Florida. You and iS3 also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and iS3 may litigate in court only to compel arbitration under this License Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate iS3′s intellectual property rights, or may cause continuing or irreparable harm to iS3 (including, but not limited to, any breach that may impact iS3′s intellectual property rights, or a breach by reverse engineering), iS3 may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You and iS3 must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.). To the fullest extent permitted by applicable law: no arbitration under this License Agreement shall be joined to an arbitration involving any other current or former licensee of iS3, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and ISSS); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and iS3). This Agreement shall be governed by the laws of the State of Florida and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Florida.
    
    
11. Complete Agreement.
    This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by iS3 or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of iS3. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
    
    

Copyright © 2001-2013 International Software Systems Solutions, Inc. and/or its suppliers. 2200 NW Boca Raton Blvd. Boca Raton, FL 33431, U.S.A. Patents Pending. All rights reserved. iS3 is a registered trademark or trademarks of International Software Systems Solutions, Inc.