Here is the 4page EULA you are agreeing to when you install this software made by Hotbar. A search on any search engine for the words Hotbar and Spyware will turn up thousands of results. While we are not "allowed" to say Hotbar and its programs are spyware, we invite you to do your own search engine search and make the decision yourself as to what you think. The first line of the EULA should be enough to make most people run!

TERMS OF USE AND END USER LICENSE AGREEMENT
FOR SPAM BLOCKER UTILITY SOFTWARE AND WEB SITE

Spam Blocker Utility is a division of Hotbar.com, Inc. (Spam Blocker Utility)

ACCEPTANCE OF TERMS

THIS AGREEMENT GOVERNS YOUR USE OF SPAM BLOCKER UTILITY'S SOFTWARE AND SERVICE Any person who wishes to use Spam Blocker Utility's Software, Website and Service, as defined below, you must agree to the terms and conditions of this Terms of Use and End User License Agreement, which includes the Spam Blocker Utility Privacy Policy, special terms of use and license for the Spam Blocker, Shopper Report Adaptor, Emoticons4Us, Members Directory, eStationery and any additional utility which appears or will appear in the future on the Spam Blocker Utility toolbar (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is a binding agreement between you and Spam Blocker Utility.

BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND YOU AGREE TO RECEIVE ALL THE APPLICATIONS INCLUDED IN THE ADVERTISEMENTS SUPPORTED SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE SPAM BLOCKER UTILITY'S SERVICE.

1 License. Spam Blocker Utility's Software is protected by the copyright laws of the United States and all applicable international copyright treaties. Hotbar.com, Inc. ("Spam Blocker Utility") hereby grants to you ("Licensee") a personal, non-exclusive, non-transferable and royalty-free license to use the accompanying software products, in machine executable object code form (the "Software") subject to the terms and conditions set forth below. For the sole purpose of using the Software, the Licensee is granted with a limited non-exclusive non transferable and royalty-free license to access the skin images ("Skins"), text, graphics, other images and content (together, including the Skins, the "Content") and other information provided by Spam Blocker Utility via the Spam Blocker Utility Toolbars and on the Spam Blocker Utility's Website (all such Websites, Web pages, Content, Comparative Service, as defined below, and other information, the "Service"), subject to the terms and conditions set forth below.

1. The Software and Service. The Software and the Service are intended to enable downloading and installing of Skins and other Content as the background of your Browser toolbar and e-mail toolbar to enhance your Browser and e-mail functionality by adding dynamic services to your toolbar and enabling it to receive various information and services including, business cards, e-stationery, e-cards, wallpapers and other backgrounds, sounds, photos data, search result and comparative data, links, software and images from the Spam Blocker Utility and third parties' servers on an ongoing basis. In Addition the Spam Blocker Utility toolbar includes a spam blocker application, which gives the user Spam protection at the Email program level, and a printer ink application, which alerts the user upon the occurrence of certain events. Spam Blocker Utility includes an e-Stationery link as well which leads to e-Stationery application free for a 14 days trial thereafter the user will be required to pay. A weather tool, giving the user excess to weather and a wallpaper application which allows adding images to the desktop as backgrounds are also included. Spam Blocker Utility reserves the right to add automatically, through updates, applications similar in nature to the ones already included, giving added value to the users.

2. Scope of License.

(a) Licensee may use the Software on a single computer under his/her full control, provided however that any copy of the Software must contain all of the original Software's proprietary notices and this Agreement.

(b) Licensee may not use the Service and/or the Software to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach the rights of any third party (iii) engage in commercial activities including, but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any Content or other information offered on the Service.

(c) Without limiting the foregoing section, Licensee acknowledges that the Service may contain features enabling users to transmit various types of communications (e.g. Skins and other Content) to other users; and Licensee shall not use the Service to engage in spamming, junk mail, any form of harassing activities, imposturing or activities which are intended or may result in invasion of privacy or damages to other users or any third party. The Licensee shall refrain from such activities and shall be solely liable for any consequence of the referenced forbidden actions.

(d) All services and features offered at the Spam Blocker Utility web site, Spam Blocker Utility's Software, and/or toolbars for use with the Software (such as Content, data, comparative data, printer ink application or offering and/or transmitting Content by email) are part of the Service and the use of such services/features is governed by this Agreement. Such services/features however may be subject to additional specific Terms of Use posted on the page in which such features are offered. Such Terms of Use shall supplement to the terms set forth herein. In the event of a conflict, the terms provided under this License Agreement shall govern. The Licensee agrees that his/her use of such feature/service also constitutes his/her consent to its applicable Terms of Use.

3. Change of License. Spam Blocker Utility is permitted, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality or content of the Software or the Service without prior notice. Spam Blocker Utility may elect in its sole discretion to condition the continuation of this license on the Licensee accepting software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software or the Service.

4. Protection of Proprietary Rights.

(a) Complete title, ownership rights, intellectual property rights and all other proprietary rights in and to the Software and the Service, including the Content, shall remain at all times in Spam Blocker Utility and/or its licensors and suppliers and nothing in this Agreement shall be deemed as a grant of any such rights to Licensee. Licensee may not modify, translate, reverse engineer, decompile or disassemble the Software, Service, any of the Content or information on the Service, create derivative works based on the Software, the Service, any of the Content, or information on the Service, copy any of the foregoing (except as explicitly specified above), export, sell, license, rent, lease, transfer or otherwise transfer rights to the Software, the Service, any of the Content or information on the Service, or remove any proprietary notices or labels on or pertaining to any of the foregoing.

(b) If you believe that your information or any other material has been used on the Service in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice (e-mail is sufficient) that includes the following information:

an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and e-mail address;
a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on this Site is Oren Dobronsky, and all questions regarding copyright should be directed to hotbar.Legal@hotbar.com.

5. Uninstall. If the user does not wish to continue to use the forgoing applications, or future ones, each of such applications is removable by using Microsoft's Windows control panel add/remove software function, please follow the uninstalled instructions below:

To remove Spam Blocker Utility software from your browser application remove: Web Browser Tools by Spam Blocker Utility.

To remove the Spam Blocker Utility comparative shopping application remove: Shopper Reports Adapter.

To remove the Spam Blocker Utilitysoftware from your mail application and Spam Blocker application remove: Spam Blocker Utility

To remove the Spam Blocker Utility Weather Indicator application remove: Weather Indicator

To remove the Spam Blocker Utility Desktop Wallpapers application remove: Desktop Wallpapers

If you wish to remove Spam Blocker Utility Software altogether, you need to uninstall the Software using Microsoft's Windows control panel add/remove software function and remove all the above mentioned applications, or use the complete uninstaller which you will find in the FAQ of the Site.

6. Disclaimer of Warranties. Licensee's acknowledgments relating to Software and the Service. Licensee expressly acknowledges and agrees that:

(a) By using the Internet and/or the Software and/or the Service and/or the Content, Licensee may be exposed to contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages. Furthermore, by installing the Software on Licensee's computer, Licensee understands that: (i) certain system non-personally identifiable information, including Statistical Data, stored on Licensee's computer will be made available and transmittable to Spam Blocker Utility servers; (ii) other information available now or in the future on the Service including links, services, messages advertisements, cookies and the like may be installed on Licensee's computer and; (iii) Spam Blocker Utility may automatically transmit to and install on Licensee's computer, Software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software.

(b) The functionality of the Software and/or the Service depends, among other things, on the availability of Internet connectivity, information by Spam Blocker Utility servers, net congestion and other factors. Spam Blocker Utility makes no warranties or guarantees as to the availability or reliability of the Service or the information provided to Licensee or to any other user nor makes any commitment to provide Licensee with any information or to provide an on-going operational Service. Spam Blocker Utility at any time may suspend or cancel the Service for any reason without prior notice.

(c) Both the Software and the Service are not specifically licensed for use in circumstances in which the malfunction of the Software and/or the Service or the unavailability of information by Spam Blocker Utility servers, may cause personal injury or death or damage to property. Neither Spam Blocker Utility nor its licensors or suppliers shall be liable for any claims or damages arising from such events.

(d) The Software and the Service is in a pre-release beta state only and may contain errors or inaccuracies that could cause failures, loss of data, and/or conflicts or problems resulting from the use and/or operation of other software installed on your computer or which you may wish to install in the future, whether used separately or in conjunction with the Software. Spam Blocker Utility does not guarantee or assume responsibility for any of the foregoing or any other consequence of using the product. Licensee agrees that due to the experimental nature of the Software and the Service as a beta product, the Licensee will not rely on the Software or the Service for any reason and has decided to download and use the Software and Service at his or her own risk.

(e) THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. SPAM BLOCKER UTILITY AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SOFTWARE OR THE SERVICE. NEITHER SPAM BLOCKER UTILITY NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

7. Licensee's acknowledgments relating to Information and Content. Licensee expressly acknowledges and agrees that:

(a) The information Licensee will be exposed to, or receives, or uses with the Software and/or the Service, and/or the Content including, but not limited to, images, the Skins, the Content or any portion thereof, text, jokes, riddles, graphics, pictures, background, links, bookmarks, WWW sites, advertisements, products, goods or services, is not reviewed, controlled, examined, verified or endorsed by Spam Blocker Utility in any way (even if Spam Blocker Utility receives remuneration for such information) and are the sole responsibility of the person from whom such information originated. Licensee will have no claim against Spam Blocker Utility and/or its licensors of any nature whatsoever relating to any part of the Content. Licensee will be entirely responsible for all Content and other information that Licensee downloads, uploads, sends or otherwise accesses via the Service. Licensee will be responsible for securing adequate legal rights to store, link to, browse in, or otherwise make use of such information and for ensuring that such information complies with all applicable laws, including but not limited to, any and all proprietary rights of third parties, rules of copyright, secrecy, defamation, decency, privacy, security and export laws. Spam Blocker Utility will not be liable for any such information available through the Software and/or the Service and cannot provide any guarantee as to the accuracy, integrity or quality of such information, nor any guarantee that such information is not subject to damage, deletion, erasure or other change of such information for any reason whatsoever.

(b) Licensee shall receive, and desires to so receive, various product/services, marketing ads, and campaigns of Spam Blocker Utility or third parties through the appearance of links, menus, pop-ups, and other methods on and/or in connection with the Service and the Software (all of the foregoing "Third Party Promotions"). Participation in, and receipt of, such Third Party Promotions including but not limited to placing orders and/or making purchases, payments and/or requesting and/or receiving delivery of any related goods or services, and any other terms, conditions, warranties or representations associated with such Third Party Promotions and dealings are solely between the Licensee and the specific advertiser or merchant. Licensee agrees that Spam Blocker Utility will not liable in any way for any loss or damage of any sort incurred as the result of the display, provision, presence or receipt of any such Third Party Promotions and any and all dealings related thereto, whether by, through, via, or on the Service and/or the Software or otherwise.

8. Limitation of Liability.

(a) SPAM BLOCKER UTILITY'S LIABILITY TO LICENSEE OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED $100 (ONE-HUNDRED DOLLARS) OR THE FEE, IF ANY, PAID BY LICENSEE FOR THE SOFTWARE, WHICHEVER IS GREATER, PROVIDED SUCH LIABILITY IS NOT EXPRESSLY OTHERWISE LIMITED OR EXCLUDED HEREUNDER.

(b) IN ADDITION TO EXPRESS LIMITATIONS ON SPAM BLOCKER UTILITY'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL SPAM BLOCKER UTILITY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE. LICENSEE ASSUMES THE ENTIRE RISK FOR THE ACCURACY, AVAILABILITY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.

(c) IN ADDITION TO EXPRESS LIMITATIONS ON SPAM BLOCKER UTILITY'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL SPAM BLOCKER UTILITY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY OF THE CONTENT (AS DEFINED ABOVE) USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH CONTENT INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY, VIOLATION OF APPLCABLE LAW OR ANY PERSON OR ENTITY'S RIGHTS OF WHATEVER TYPE. KIND OR NATURE ANY RISK ARISING OUT OF OR IN CONNECTION WITH SUCH CONTENT, WHETHER TRANSMITTED OR RECEIVED OR USED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE OR OTHERWISE. LICENSEE ASSUMES THE ENTIRE RISK FOR THE USE TRANMISSION AND RECEIPT OF ANY AND ALL OF SUCH CONTENT.

(d) IN ADDITION TO EXPRESS LIMITATIONS ON SPAM BLOCKER UTILITY'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT WILL SPAM BLOCKER UTILITY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR COST OF OBTAINING SUBSTITUTE GOODS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND EQUIPMENT, AND OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED (INCLUDING WITHOUT LIMITATION ANY LOSS CAUSED BY THE INTRODUCTION OF COMPUTER VIRUSES OR CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE) AND ON ANY THEORY OF LIABILITY, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF SPAM BLOCKER UTILITY OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(e) THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. SPAM BLOCKER UTILITY AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SOFTWARE OR THE SERVICE. NEITHER SPAM BLOCKER UTILITY NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

(f) THE SOFTWARE AND THE SERVICE ARE DOWNLOADED, USED, TRANSMITTED AND RECEIVED IN EACH CASE AT LICENSEE'S OWN RISK. LICENSEE UNDERSTANDS AND AGREES THAT HIS/HER USE OF THE SOFTWARE AND THE SERVICE, ANY PORTION THEREOF, AND ALL CONTENT PROVIDED AND USED, TRANSMITTED AND/OR RECEIVED IN CONNECTION WITH THE FOREGOING IS SO USED, TRANSMITTED AND/OR RECEIVED BY LICENSEE AT LICENSEE'S OWN RISK.

Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by the applicable law.

9. System Integrity.

(a) You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

(b) The site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site.

10. Termination.

Spam Blocker Utility and Licensee shall have the right to terminate this Agreement at any time for any reason whatsoever and without any obligation to specify the reasons for such termination. Termination by Spam Blocker Utility may be by written notice to user sent to Licensee's e-mail (as specified by Licensee during the registration process) requesting removal of the Software, by unilateral removal or deletion of all, or a specific portion of, the Service, Content and/or Software, or other available method. Termination by Licensee shall be solely by removal of the Software. Without limiting the foregoing, the Agreement, including Licensee's right to use the entire Software, Service and Content, will terminate automatically and immediately if (i) Licensee fails to comply with the provisions of this agreement; (ii) Licensee uses the Software or the Service for illegal unlawful or abusive purposes; or (iii) Licensee's Spam Blocker Utility account is not used at least once in the preceding six (6) month period. Upon termination, Licensee agrees to immediately stop using the Software and/or the Service and destroy all copies of the Software.

11. Export Law Assurances.

You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Software or underlying technology may not be downloaded to or exported or re-exported: (a) into any country subject to United States embargo (or to a resident or national of) such as Cuba, Iraq, Iran, Libya, North Korea, Syria and any country which may appear on the United States Embargo List from time to time; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) you will not export or re-export the Software to any prohibited country, person, end-user or entity specified by US Export Laws.

12. Changes of License Terms.

Spam Blocker Utility may change any of the terms and conditions contained in this Agreement, including the Privacy Policy and other policies and guidelines governing the Service, at any time in its sole discretion. Notice of material changes to this agreement will be posted on Spam Blocker Utility's web site or on the service. You are responsible for reviewing the notice and any applicable changes.

You agree that your continued use of the Service following any changes to this agreement and after the changes take effect will constitute your acceptance of such changes.

If you do not agree to future changes to this agreement, do not continue to use the service after the effective date of such changes and uninstall all Spam Blocker Utility software.

13. Miscellaneous.

This Agreement represents the complete agreement between Licensee and Spam Blocker Utility concerning the subject matter hereof and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the highest extent. Except as specifically set forth herein, this Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized Spam Blocker Utility representative. Spam Blocker Utility may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to any third party whatsoever, without notice and without the need to receive Licensee's consent. Licensee shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of Licensee's rights or obligations under this agreement. This Agreement is governed by the laws of the State of New York, without reference to its conflict of law principles and the exclusive jurisdiction for any dispute arising hereunder shall be submitted to the competent courts in New York. Any questions concerning this Agreement may be directed by email to hotbar.legal@hotbar.com.

14. Children 13 and Under.

If you are thirteen years old or younger, we will not collect, store or use your personally identifiable information. In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.

Privacy Policy

Spam Blocker Utility is committed to your privacy!

SPAM BLOCKER UTILITY COLLECTS AND STORES INFORMATION ABOUT THE WEB PAGES YOU VIEW AND THE DATA YOU ENTER IN SEARCH ENGINE SEARCH FIELDS WHILE USING THE SOFTWARE. SPAM BLOCKER UTILITY USES THIS INFORMATION TO DETERMINE WHICH ADS AND BUTTONS TO DISPLAY ON YOUR SPAM BLOCKER UTILITY TOOLBARS AND WHICH ADS TO SHOW YOUR BROWSER. HOWEVER, SPAM BLOCKER UTILITY DOES NOT (A) ASSOCIATE OR STORE SUCH WEB USAGE DATA OR SEARCH INFORMATION WITH ANY PERSONALLY IDENTIFIABLE INFORMATION SUCH AS NAME OR EMAIL ADDRESS OR (B) ANALYZE SUCH WEB USAGE DATA OR SEARCH INFORMATION TO DETERMINE THE IDENTITY OF ANY SPAM BLOCKER UTILITY USER. SOME INFORMATION COLLECTED BY THE SPAM BLOCKER UTILITY SOFTWARE IS PERSONALLY IDENTIFIABLE, SUCH AS NAME AND EMAIL ADDRESS. THIS PERSONALLY IDENTIFIABLE INFORMATION IS STORED SEPARATELY FROM THE INFORMATION ABOUT THE WEB PAGES YOU VIEW AND THE DATA YOU ENTER IN SEARCH ENGINE SEARCH FIELDS AND THE TWO TYPES OF INFORMATION ARE NOT CORRELATED OR LINKED. FURTHERMORE, SPAM BLOCKER UTILITY DOES NOT USE THIS PERSONALLY IDENTIFIABLE INFORMATION TO DETERMINE WHICH ADS AND BUTTONS TO DISPLAY ON YOUR SPAM BLOCKER UTILITY TOOLBARS OR WHICH ADS TO SHOW YOUR BROWSER.

SPAM BLOCKER UTILITY AND YOUR PRIVACY

Spam Blocker Utility is committed to your privacy. We will never sell, rent or disclose your personally identifiable information to outside parties without your express consent unless we believe, in good faith, that such release is reasonably necessary to comply with law or enforce or apply the terms of our user agreement.

Spam Blocker Utility is constantly evolving. New features are continuously being added to the site and Software. With these improvements, our privacy statement may evolve. If this should happen, we will inform you through our site's homepage and this privacy statement. Regardless of the aforementioned, we will never disclose your personally identifiable information to outside parties without your consent.

WHAT INFORMATION WE COLLECT

If you are only visiting the Spam Blocker Utility Web site (www.FastUtilities.com), we collect the following information: the full Uniform Resource Locator ("URL") of the Web page from which you came to www.FastUtilities.com; your Internet Protocol ("IP") Address, which may include a domain name; the date and time for each page you view; the name of and information about any advertisement that brought you to the Spam Blocker Utility Web site; Computer and connection information such as browser type and version, operating system, and platform. We also transmit cookies to your computer so we can track the pages of our Web site that you view and the order in which you view them. If you download and install the Spam Blocker Utility toolbar software (the "Software"), we collect any information voluntarily provided by you during the installation and registration process, which can include your email address as well as demographic information such as gender, age, occupation, household income, zip code and country. We also collect the name of and information about any advertisement that brought you to the Spam Blocker Utility Web site or download. Non-personally identifiable demographic information is correlated to Web usage information collected during use of the Service, but we do not attempt to determine your identity by analyzing this information. When you download the Software, and at times during your use of the Service, we transmit Spam Blocker Utility cookies to the hard drive of your computer. These cookies assign your Web browser a unique series of numbers, letters, or characters (your "User ID") that enable Spam Blocker Utility's servers to recognize and identify your Web browser when you are using the Service. They also enable Spam Blocker Utility to track and store information about your Web usage path.

When you visit Web sites with the Software installed (the "Service"), we collect information about the Web sites you visit and the pages you view. This information allows us to display toolbar buttons that are related to the Web site you are currently visiting. For every Web page you view while using the Service, the Spam Blocker Utility software transmits and stores the following information from your computer to Spam Blocker Utility: Your IP Address, which may include a domain name; the full URL of the Web page you are visiting; general information about your browser; general information about your computer's operating system; your Spam Blocker Utility cookie number (and through registry) and the date and time the above information is logged. When you type search terms into a search engine site while using the Service, the search term ("Search Term") you entered is transmitted from your computer and stored by Spam Blocker Utility. This allows us to display buttons on the Spam Blocker Utility toolbar or windows that are related to the search term you entered. We also collect and store the following Spam Blocker Utility Toolbar usage statistics: what Toolbar buttons you click on; what links within the Toolbar buttons you click on; the amount of time you have used the Software during each session; what browser skins you have downloaded during any given session.

When using the Service, other information collected includes your selection, and the specific type of any background image (including those known as a "skins"), business card(s) and related images and content including any updates thereof and changes thereto, and other images whether specific or for background purposes (all of the foregoing shall hereinafter be referred to as "Images and Content"), whether any of the foregoing are used in an application for your browser or within an outgoing e-mail. The personally identifiable information collected when creating a business card account is explained further below. When Images and Content are selected, the applicable information (in the form of a zipped file that contains an HTML code and, in some cases, a preview of an image) is downloaded onto your hard drive. When an e-mail, containing Images and Content, is received, the recipient receives the e-mail which includes HTML format comprised of HTML code which allows for the presentation of the selected Images and Content to such recipient directly from our servers. Such HTML code of the e-mail may also retrieve information form our servers (such as text and/or banner promotions) which will, in such case, also appear in the e-mail sent and be viewed by the recipient in question.

Personally Identifiable Information

In general, we do not gather from you without your specific permission any personally identifiable information when you visit this site and download or use the Software. In any event, we will not knowingly collect any personal information from children 13 years old and under.

We ask you to provide personally identifiable information in specific events, in which it is essential in order to provide you with one of the following services:

1. When you wish to obtain services offered through the Software the Service or our site that require the completion of a registration form, either on this site or on one of our Affiliate Sites. In no event will we use the personally identifiable information entered into these registration forms without your consent.

2. When you wish to send a message ("tell a friend") or ("send a skin") by email from our site to your acquaintance(s). Each such message will be sent only once. We will never use your personally identifiable information gathered this way without your consent. In any event, we will never use the recipients' personally identifiable information.

3. When you wish to become a Spam Blocker Utility Affiliate Site and integrate certain elements of our technology into your Web site (e.g. the ability to post skins on your site). We will use the personally identifiable information gathered this way (your name, email and site's URL address) to contact you with information and updates addressing Affiliate Sites. You may opt-out of this mailing list; see the "Opt-out" section below. It is not required to become a Spam Blocker Utility Affiliate Site in order to use this site and the Software.

4. When you wish to participate in contests that we conduct on this site, we ask you for your email so we can contact you when necessary. We will never use your personally identifiable information gathered this way for other purposes without your consent.

5. When you opt-in to one or more of our mailing lists or the mailing lists of our affiliates or sponsors to receive either direct emails from us or information from any of our affiliates or sponsors. Direct e-mails from us may include information regarding our sponsors or affiliates. We will send you direct emails (newsletters, updates etc.) every once in a while. You can always opt-out of receiving future mailings (see the "Opt-out" section below). If you opt-in to receive information from our affiliates or sponsors, we will provide such affiliates or sponsors with the personally identifiable information you provided during the registration process for this purpose. We advise that you read the privacy policies and statements of the affiliate or sponsor from whom you have opted-in to receive information before you do so.

6. When you create an account for use of the business card service in outgoing e-mails, you are required to provide your e-mail address and a password. You may also include various other personal information in the body of the business card(s) you create. All such information provided is stored on our servers. We wish to stress that, after you have updated information on any given business card, all past recipients of such business card are provided with the option of receiving such updated information. Such updating option would appear in each past e-mail sent which included the business card in question, thereby providing all such past recipients immediate access to such updated information. We strongly recommend that this be considered when updating any business card, and that if such retrospective ‘cross-the-board' updating of your personal information is not desired, that you create a new business card when your personal contact and other information changes as opposed to simply updating an existing business card. In no event will we use the personally identifiable information provided when creating and/or updating any business card without your consent.

Spam Blocker Utility analyzes its logs of usage paths and stored Search Terms, collected from users to determine Web usage of users in the aggregate and to build anonymous web usage profiles. However, because Spam Blocker Utility stores this Usage Path and Search Term information separately from users' personally identifiable registration information Spam Blocker Utility cannot correlate or link a user's usage path/Search Term information and such personally identifiable information to each other. Spam Blocker Utility uses these anonymous web usage profiles and stored Search Terms to determine which ads and buttons to display on your Spam Blocker Utility Toolbar and which ads to show your browser.

In addition, the URLs we collect sometimes contain personal information about you. For example, when you enter information on a Web page (e.g., when you complete an online registration form or sign up for a contest), the operator of the Web site may insert that information into its URL for that or the next page. This information often appears after a question mark ("?") in the URL, although it can appear in other places. This means that your name, your address, your email address, or similar information you might consider private or personally identifiable which you enter into a Web page sometimes becomes part of a URL that is then transmitted to Spam Blocker Utility and automatically stored in Spam Blocker Utility's databases. This can also occur with words, topics, products, or phrases you enter into search engines - whether those engines are provided by the Service itself or found elsewhere on the Web - while using the Service. Spam Blocker Utility has no control over what information third party Web sites put into their URLs or where they put it, but any information in each URL is collected and stored by Spam Blocker Utility when you are using the Service. Other than by Storing Search terms as described above, Spam Blocker Utility does not attempt to analyze or dissemble these URLs in any way. In addition, Spam Blocker Utility does not attempt to determine the identity of any Spam Blocker Utility user by analyzing these URLs. These URLs are only stored as a part of your Web usage path, which is stored separately from, and cannot be linked to, the personally identifiable information you have provided to Spam Blocker Utility.

WHAT WE DO WITH THE INFORMATION WE GATHER AND TRACK

When we gather personally identifiable information, it is for the main purpose of providing you with a quality service. In addition to the use of the personally identifiable information when providing the service itself as described above, this information may be used to identify broad demographic trends and generate aggregated statistics of usage and popularity of the services, so we can improve them. We will not share your personal information with third parties unless we believe, in good faith, that such release is reasonably necessary to comply with law or enforce or apply the terms of our user agreement.

Spam Blocker Utility also gathers certain non-personally identifiable demographic and other information from its users such as zip code and age. The non-personal information gathered and tracked through our system will not be used by us to attempt to identify you personally.

We employ other companies and individuals to perform functions on our behalf, such as technical support services. To perform those functions, it may be necessary for them to obtain access to Spam Blocker Utility's databases and servers, which may contain personally identifying information about users. They may not use such access or information for any purpose other than that for which they are retained.

In the event that Spam Blocker Utility or substantially all of its assets are sold or acquired, the Service and all information collected by the Service would be transferred to the acquiring party. In any such transfer, however, such information would remain subject to any terms and conditions applicable to the Service at the time the information was collected, including the terms of this Privacy Policy and any amendment thereto.

THIRD PARTY SITES AND SERVICES

This site may contain links or services to other sites not maintained by us. Spam Blocker Utility is not responsible for the privacy practices or the content of such Web sites and recommend that you review such sites' privacy statements and terms of use.

These sites and services include:

1. Spam Blocker Utility works with third party advertising companies to serve ads when you visit our web sites and use the Service, including the toolbars. Such companies may use information (not including your name, address, email address or telephone number) about your visits to our and other web sites and use of the Service, including the toolbars, in combination with non-personally identifiable information about your purchases and interests from other online and offline sources, in order to provide advertisements about goods and services of interest to you. In addition, we share web site usage information about visitors to our web sites and users of the Service, including the toolbars, with such companies for the purpose of managing and targeting advertisements and for market research analysis on our web sites and the Service, including the toolbars. For these purposes, we and our third-party advertising companies may note some of the pages you visit on our web sites, and through use of the Service, including the toolbars, through the use of pixel tags (also called clear gifs). In the course of serving advertisements, our third-party advertisers may place or recognize a unique "cookie" on your computer and, in some cases, collect data through the use of cookies.
2. Spam Blocker Utility, from time to time, may work with email direct marketers, affiliates and/or sponsors to offer users the opportunity to subscribe to various subscriptions to newsletters and information, whether by e-mail or otherwise. Please read the privacy policies and statements of such marketers, affiliates and/or sponsors before opting-in to receive such newsletters and/or information and/or entering your email address or any other information into their subscription window. If you do decide to receive such newsletters and/or information, the personally identifiable information you may have provided during the registration process will be transferred to such third parties (see above).

CHILDREN 13 AND UNDER

If you are thirteen years old or younger, we will not collect, store or use your personally identifiable information. In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.

SOFTWARE UPDATES

The Software is designed to check for the availability of, and to install software updates to ensure that you enjoy the latest improvements of the Software. When the Software checks for the availability of software update, anonymous information about the Software version and installed components are sent to our Web server. The information is used to determine whether new free Software is available for download and is not associated with your personally identifiable information.

CHOICES/OPT-OUT

Our site provides you the opportunity to opt-out of receiving communications from us at the point where we request information about you. To remove your email from our mailing lists, click here.

If the user does not wish to continue to use the forgoing applications, or future ones, each of such applications is removable by using Microsoft's Windows control panel add/remove software function, please follow the uninstalled instructions below:

To remove Spam Blocker Utility software from your browser application remove: Web Browser Tools by Spam Blocker Utility.

To remove the Spam Blocker Utility comparative shopping application remove: Shopper Reports Adapter.

To remove the Spam Blocker Utilitysoftware from your mail application and Spam Blocker application remove: Spam Blocker Utility

To remove the Spam Blocker Utility Weather Indicator application remove: Weather Indicator

To remove the Spam Blocker Utility Desktop Wallpapers application remove: Desktop Wallpapers

SECURITY

This site and Software have security measures in place to protect the loss, misuse and alteration of the information under our control. A limited number of senior employees have a password-protected access to the database that contains personal information. Such employees are instructed and trained to maintain the database while keeping the privacy of the users.

If you have any questions regarding the specific security measures in place, please contact us at hotbar.privacy@hotbar.com.

CHANGES

This site gives users the option of changing and modifying information previously provided. Email us at changes@hotbar.com or opt-out and then opt-in with your updated information.

CONTACTING US ABOUT PRIVACY

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us at:

Privacy Team Hotbar.com, Inc. 226 West 37th St. New York, NY 10018 Or email us at: hotbar.privacy@hotbar.com

Internet Protocol Address

An Internet Protocol ("IP") address is a set of numbers that is automatically assigned to your computer each time you connect to the Internet. When you use your Web browser to request a Web page from another computer on the Internet, your Web browser automatically gives that computer your IP address so that the data you request can be sent to your computer. For many users who access the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time they log on ("dynamic" IP addresses); others may be assigned only one IP address that remains the same from session to session ("static" IP addresses) (more common with broadband ISPs).

Uniform Resource Locator

A URL (or uniform resource locator) is the full Web address of a file or document you view when browsing the Internet. With most browsers, such as Microsoft Internet Explorer or Netscape Navigator, the URL of every Web page that you view is displayed in a window near the top of the screen. Typically, a URL consists of four parts: protocol, server (or domain) where the file is located, path, and filename. However, some URLs have no path or filename.

Usage Paths A usage path is the trail of requests automatically transmitted to and logged by Spam Blocker Utility as a user surfs the Internet with the Software installed. Usage paths consist of the following data for each Web page visited by an Spam Blocker Utility user: (a) the IP address assigned to the user; (b) the date and time the Web page is visited by the user; (c) the user's browser type and version; (d) the user's operating system and version; (e) the user's User ID; and (f) the full URL that the site assigns to the Web page.

These Terms of Use and Privacy Policy were last updated on March 4, 2004.

HOTBAR'S COMPERATIVE SHOPPING ADDITIONAL TERMS OF USE AND END USER LICENSE AGREEMENT

BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR USING THE COMPARATIVE SHOPPING SERVICE, YOU AGREE TO BE BOUND BY ALL THE TERMS OF USE AND END USER LICENSE AGREEMENT FOR SPAM BLOCKER UTILITY SOFTWARE SERVICE AND WEB SITE TERMS AND CONDITIONS AND ALL THE TERMS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE SPAM BLOCKER UTILITY'S SERVICE.

If you use the Spam Blocker Utility software (the "Software") when you are shopping for good, services, online, Spam Blocker Utility can automatically search numerous Internet web sites for you to find you alternative goods, or shopping alternatives, alternative providers or deals. The Software alerts Spam Blocker Utility's central computers when you make an inquiry on the certain web sites, and passes your inquiry to Spam Blocker Utility. Spam Blocker Utility then submits your inquiry to alternative providers on your behalf and displays (in a separate window) shopping options that the search finds. The search is conducted by a third party and the shopping alternatives are offered by the same or other third party/parties. If you select one of the alternative options supplied by Spam Blocker Utility, you will be sent to the corresponding provider's site or to a Spam Blocker Utility-hosted site, where you can shop, or book your travel. In addition, you can use the service to manually enter an inquiry and/or to view related deals on certain websites. The goods or service providers who's offering you get, compensate Spam Blocker Utility for referring you to them. As a result, the automated search, display, and referral process as well as the manual search, website access, and email notifications (collectively, the "Comparative Service") are offered to you free of charge.

Licensee's acknowledgments relating to Information and Content

By installing the Software on your computer, and using the Service or the Comparative Service you expressly authorize and request Spam Blocker Utility and its third parties providers to: (a) act as your search agent to conduct automated shopping inquiries on your behalf across multiple shopping related sites, to retrieve information responsive to those inquiries and to display such information for you; Spam Blocker Utility and its third parties providers shall possess the full power, authority and discretion to do and perform each and every act required in connection with these activities, just as you might or could do in person; (b) read and interpret your shopping requests and results on certain sites and use this information to conduct shopping searches on your behalf, offer alternative goods and service options or deals, and personalize the Service for you; (c) automatically open a browser window, frame or other display mechanism on your computer; (and resize any open browser windows as it sees fit); (d) record information about any transactions consummated through or facilitated through the Service to enable Spam Blocker Utility to receive payment from the goods or service providers and to personalize its services for you; and (e) take all actions that it deems reasonably necessary in connection with (a)-(d) above.

Third-Party Providers and Web Sites.

Affiliation with Alternative Sites and Providers

When you search web sites for goods or services, the Service may automatically open a comparative window resizing your original browser window. Spam Blocker Utility may then display options from alternative, third-party goods and services providers ("the Providers") in that comparative window, and may provide links to the alternative Providers' sites. You understand and agree that the simple fact that the comparative window automatically opens, on the sites you originally visited, does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of Spam Blocker Utility of any such site or indicate any affiliation between such other site and Spam Blocker Utility. Likewise, you understand that the mere fact that the comparative window displays certain alternative Providers' offering options does not in any way imply, suggest, or constitute any sponsorship of, approval of, recommendation, or affiliation between such alternative Providers and the site on which the comparative window opens. You further acknowledge that the contents of the Spam Blocker Utility comparative window are generally distinct from, and alternatives to, those offered by the web-site you originally visited and you agree that such window will be opened and present the alternative search results. Unless otherwise expressly stated, Spam Blocker Utility's display of such alternative Providers' options does not suggest a recommendation by Spam Blocker Utility of the Providers or their offering options. You agree that Spam Blocker Utility is in no way responsible for the accuracy, timeliness or completeness of information it may obtain on your behalf from these Providers. Your interaction with any such Provider is at your own risk, and Spam Blocker Utility shall have no liability with respect to the acts or omissions of any such Provider.

TERMS OF SALE AND USE FOR SPAM BLOCKER

1 General Rules and Definitions

Spam Blocker is a division of Hotbar.com, Inc. This is an Agreement between you and Hotbar.com, Inc. ("Company") for the purchase a limited license to use the Spam-Blocker software and Service (the "Software"). By purchasing the Software, you agree to abide by all of the terms and conditions of these Terms of Sale and Use as well as Company's Privacy Policy applicable to the Software, the site located at www.fastutilities.com (the "Site") and any additional Software offered by the Company in connection therewith. Said Privacy Policy also appears below and forms an integral part of these Terms of Sale and Use (this "Agreement").

Spam Blocker is a solution for all e-mail users, to minimize the number of Spam emails reaching their inbox. You don't need to change the way you send and receive Email. Spam Blocker offers Spam protection at the Email program level it blocks spam instantly.

You may be a private individual or a legal entity (hereinafter the You/Licensee). If you are a legal entity, the Agreement will apply to the entity and to the individual User. If you are an individual, you must be at least 18 years old to purchase and use the Software. If you are under 18, you may purchase and use the Software only with involvement of a parent or guardian. Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

You may try the Software for the period mentioned in the purchase details ("Trial Period") without obligation. After the Trial Period you are required to purchase the Software by paying the price nominated in the purchase details, as may be modified from time to time by Company. Purchase Price is earned upon receipt by Company, and is refundable within 30 days from the Purchase date. Thereafter the Purchase Price is not refundable. Company reserves the right, at its sole discretion, at any time to offer the Product and Service at a discount or to provide premiums and promotions as an incentive. All fees and charges shall be charged to the credit card provided as part of the initial subscription process and you agree to pay such charges. You shall also pay any applicable taxes relating to the sale through your account.

In consideration to the payment of the purchase price, Company hereby grants you a limited license to use the Software within the limitations of, and as set forth in, these Terms of Sale and Use solely for your personal, non-commercial use, subject to these Terms of Sale and Use. No other use of the Software is authorized.

The Software, technology, and/or processes described and/or used on, and in connection with, the Software are the intellectual property rights of Company and/or its licensors. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Company and/or any third party.

Company may change, suspend or discontinue any aspect of the Software at any time, including the availability of any of its features or content. Company may also impose limits or restrict your access to parts or all of the Software without notice or liability.

Company may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site, the Software or send them to you. Your continued use of the Software constitutes your acceptance of any such change to the terms of this Agreement. If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, do not purchase said license.

2 Scope of License and Use.

The Software is for your sole, individual personal use. You may not authorize others to use your license and you may not assign or otherwise transfer your license to any other person or entity.

You may use the Software on a single computer under your control ("your computer"), you may not make any copy of the Software except for a single working copy and a single backup copy, provided however, that any such copy of the Software must contain all of the original proprietary notices. You may not rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services to any third party; and you may not circumvent, alter, or disable any technological features or measures of the software. This license does not include any rights to maintenance or updates.

You may not use the Software and/or the Site to: (i) perform any activity which is or may be, directly or indirectly, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party right; (iii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Software and/or any communication or posting pertaining thereto; (iv) engage in commercial activities including, but not limited to offering for sale any products or Software, soliciting for advertisers or sponsors or selling, and/or licensing or granting public access to any information offered on the Software; (v) take any action or make any statements, either explicitly or implicitly and/or directly or indirectly, which may be interpreted or understood to have been made, authorized, or supported by Company in any way; (vi) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (vii) remove any copyright, trademark or other proprietary rights notices or postings pertaining to Company and/or the Software; (viii) interfere with or disrupt the Software or any communication or posting pertaining thereto, or the servers or networks connected to any of the foregoing; (ix) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, system, hardware or telecommunications equipment; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Software or any communication or posting pertaining to any of the foregoing; (xi) engage in any spamming, junk mail, any form of harassing activities, imposturing and/or activities which are intended or may result in the invasion of the privacy of Internet users or result in any damages whatsoever to Internet users; (xii) duplicate, "frame" or "mirror" any part of the Software or any communication or posting pertaining to any of the foregoing and/or use meta tags, code or other devices containing any reference to Company and/or any of the Software or any communication or posting pertaining to any of the foregoing in order to direct any person to any other Web site for any purpose whatsoever and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Software or any communication or posting pertaining to any of the foregoing and/or any software used on or for any of the foregoing. You undertake to refrain from such activities and shall be solely liable for any consequence of the above referenced forbidden actions. You agree that (i) you are solely responsible for the use of the Software and the Site; (ii) you will use the Software and the Site in a manner consistent with any and all applicable laws and regulations; and that (iii) you will not use the Software or the Site in any manner which may violate the rights of Company, it licensors and/or any third party whatsoever.

The Software and the Site and features pertaining to and/or offered in connection with the foregoing are governed by this Agreement, however such Software/Site/features may be subject to additional specific terms which may be posted by Company on the page or location in which such Software/Site/features are offered and which are in addition to this Agreement. You agree that your use of any such Software/Site/features constitutes your full agreement to such additional terms in addition to, and without derogating from, this Agreement. In the event of any conflict between such additional terms and the terms of this Agreement, the terms of this Agreement shall prevail.

3 Protection of Proprietary Rights.
All title, ownership rights, and intellectual property rights in and to the Software, the Site and all of the features and services pertaining to each of the foregoing shall remain at all times in Company and/or its licensors and suppliers and nothing in this Agreement shall be deemed as a grant of such right to you. You may not modify, translate, reverse engineer, decompile, disassemble, export, sell, license, rent, lease, remove any proprietary notices or labels on, transfer or otherwise transfer rights to, or create derivative works based upon the Software, the Site or any communication or information pertaining to any of the foregoing. You hereby represent, warrant and undertake that in no event shall your use of the Software and/or the Site violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party and that you have all requisite rights, power and authority to use the Software and the Site in the manner in which you shall use such Software and Site.

4 Disclaimer of Warranties.

You expressly acknowledge and agree that:
(a) By using the Internet and/or the Software and/or the Site, you may be exposed to contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages. Furthermore, by installing the Software on your computer, you understand that: (i) certain system non-personally identifiable information, including Statistical Data, stored on your computer will be made available and transmittable to Company servers primarily for purposes of verifying payment for the Software and that the relevant license is in effect; (ii) other information available now or in the future on the Software including links, software, messages advertisements, cookies and the like may be installed on your computer and; (iii) Company may automatically transmit to and install on your computer, Software and/or other improvements, corrections, adaptations, conversions to more recent Software and/or other versions or any other changes to the Software and/or any of the other Company software.

(b) The functionality of the Software and the Site depends, among other things, on the availability of Internet connectivity, information by Company servers, net congestion and other factors. Company makes no warrantees or guarantees as to the availability or reliability of any part of the Software, the Site or the information provided to you or to any other user nor makes any commitment to quality of service with respect to any part of the Software or Site. Company at any time may suspend, cancel or discontinue any part or version of the Software or the Site for any reason without prior notice.

(c) The Software is not specifically licensed for use in circumstances in which the malfunction of the Software or the unavailability of information by Company servers, may cause personal injury or death or damage to property. Neither Company nor its licensors or suppliers shall be liable for any claims or damages arising from such events.

(d) The Software and/or the Site may contain errors or inaccuracies that could cause failures, loss of data, remaining of unwanted data, and/or conflicts or problems resulting from the use and/or operation of other software installed on your computer or which you may wish to install in the future, whether used separately or in conjunction with the Software and/or the Site. Company does not guarantee or assume responsibility for any of the foregoing or any other consequence of using the Software and/or the Site including, without limitation, the removal of e-mails which would be otherwise desired and/or important to you – you understand that all such emails may or may not be removed by using the Software and that you will have no claim whatsoever in connection with any failure by the Software to remove any e-mails or the successful removal of any e-mails which was otherwise desired and/or important to you for any reason whatsoever. You agree that you will not rely on any part of the Software and/or the Site for any reason and you have decided to download and use the Software and the Site at your own risk.

(e) THE SOFTWARE AND THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. COMPANY AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE SOFTWARE AND/OR THE SITE. NEITHER COMPANY NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SUITABILITY OR CURRENCY OR THAT THE OPERATION OF ANY PART OF THE SOFTWARE AND/OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE IS DOWNLOADED AND USED AT YOUR OWN RISK.

5 Limitation of Liability; Indemnity.
(a) COMPANY'S LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED THE PURCHASE PRICE, IF ANY, PAID BY YOU FOR THE SOFTWARE, PROVIDED SUCH LIABILITY IS NOT EXPRESSLY OTHERWISE LIMITED OR EXCLUDED HEREUNDER.

(b) IN ADDITION TO EXPRESS LIMITATIONS ON COMPANY'S LIABILITY SET FORTH THROUGHOUT THIS AGREEMENT, IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION USED, RECEIVED OR TRANSMITTED BY OR FROM THE SOFTWARE AND/OR THE SITE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE OR SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE AND/OR THE SITE. LICENSEE ASSUMES THE ENTIRE RISK FOR THE ACCURACY, AVAILABILITY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.

Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by the applicable law.

(c) You will defend, indemnify, and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of this Agreement and/or your use of the Software and/or the Site including, without limitation: (i) your breach of this Agreement; (ii) any allegation or claim that any use by you of the Software and/or the Site, and/or any consequence resulting therefrom of whatsoever kind and nature, violates the rights of any third party including, without limitation, the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (iii) your activities in connection with the Software and/or the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

6 System Integrity.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Software, and/or any transaction conducted in connection with, the Software and/or the Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.

Company's site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Software and/or the Site.

7 Representations and Warranties

Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Software and/or the Site by any users, information provider, advertiser or any other person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.

8 Miscellaneous

The Agreement represents the complete agreement between you and Company concerning the subject matter hereof and supersedes all prior agreements and representations. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the highest extent. Except as specifically set forth herein, the Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized Company representative. Company may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under the Agreement to any third party whatsoever, without notice and without the need to receive your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement. All sales shall be deemed made in the State of New York, USA, regardless of the location of the Customer. You agree that any dispute arising out of the your purchase of the Products shall be brought by you exclusively in the state or federal courts situated in the State of New York; and you hereby agree that such venue is appropriate and that Hotbar's agreement to sell and deliver the Software to you is dependent on this provision. The laws of the State of New York govern this Agreement, without reference to its conflict of law principles and the exclusive jurisdiction for any dispute arising hereunder shall be submitted to the competent courts in New York City. Any questions concerning this Agreement may be directed by email to legal@Spam Blocker.com.

E-STATIONERY TERMS OF SALE AND USER'S LICENSE

1. General Rules and Definitions

1.1 Stationery is a division of Hotbar.com, Inc. ("E-Stationery"). If you choose to subscribe to the E-Stationery service (the "Service") offered on or through the www.e-sationery.com site ("the Site"), you will be agreeing to abide by all of the terms and conditions of these Terms of Sale and User's License as well as Hotbar Terms of Use (the "Terms of Use") and Privacy Policy (all three collectively, the "Agreement).

1.2 You may be a private individual or a legal entity (hereinafter the User/Subscriber). If you are a legal entity, the Agreement will apply to the entity and to the individual User.

1.3 E-Stationery Service offers a stationery creator Service. E-Stationery enables you to create and send enhanced, branded emails. An email stationery is a regular email that can include your logo, a tag line, your address, a virtual business card, a letterhead, links to your website and more E-Stationery allows you to customize your own stationery from a wide variety of templates, and thousands of images, paper textures, logos and animations. The Service is aimed at individual and companies.

1.4 You must be at least 18 years old to use this service. If you subscribe to the Service you warrant to Hotbar that you are 18 years of age.

1.5 You may try the Service for 14 days ("Trial Period") without obligation. After the Trial Period Registration and Subscription Fees are required in order to access all functions of the Service. By agreeing to become a Subscriber of the E-Stationery, ("Subscription") you agree to pay E-Stationery the annual Subscription Fees ("Subscription Fees") according to the billing terms that are set forth herein, and as may be modified from time to time by E-Stationery. The date of your Subscription is your commencement date (Commencement Date). Your Subscription will renew automatically at the end of 12 month of the Commencement Date, unless cancelled in accordance with this Agreement. Subscription Fees are earned upon receipt by E-Stationery, and refundable within 30 days from the Commencement Date. After that the Subscription fee is not refundable whether or not your Subscription is subsequently terminated or cancelled at your request.

1.6 E-Stationery hereby grants you a limited individual license to use the Service within the limitations of, and as set forth in, the Terms of Use and subject to this Agreement. Licensee may use the Service on any single computer under his/her full control, for his individual, personal or commercial use.

1.7 The products, technology, and/or processes described and/or used on, and in connection with, the Service may be the subject of intellectual property rights of E-Stationery and/or its licensors. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of E-Stationery and/or any third party.

1.8 E-Stationery may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site, or send them to you via e-mail or postal mail. Your continued use of the Service constitutes your acceptance of any such change to the terms of this Agreement.
If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, you may cancel your subscription by sending an e-mail to support@spamblockerutility.com at any time. See Section 7 below regarding termination. Your continued use of the Service now, or following the posting of notice of any changes in the rules contained in the Agreement, will indicate acceptance by you of such rules, changes or modifications.

1.9 E-Stationery may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or content. E-Stationery may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

2 Use of Service and Content

2.1 You, and not E-Stationery, are entirely responsible for all content that you create, upload, post, email, transmit or otherwise make available via the Service ("Your Content"). E-Stationery does not guarantee the accuracy, integrity or quality of Your Content. By uploading your content you represent to E-Stationery that the rights to such content are owned by you. Although E-Stationery does not control Your Content posted via the Service E-Stationery reserves the right at its sole discretion, to investigate reports of misuse of its Service and to protect its property and assets. E-Stationery also reserves the right at its sole discretion to terminate your subscription and may disable your account without compensation or refund. ESTATIONERY RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING EMAIL RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY E-STATIONERY TO ADDRESS PAST VIOLATIONS OF THE PROVISIONS OF SECTIONS 2 and 4 HERETO, AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

2.2 You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will E-Stationery be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

2.3 Without limiting the foregoing section, You acknowledges that the Service may contain features enabling users to transmit various types of communications to other users; Licensee shall not use the Service to engage in spamming, junk mail, any form of harassing activities, imposturing or activities, which are intended or may result in invasion of privacy or damages to other users or any third party. You shall refrain from such activities and shall be solely liable for any consequence of the referenced forbidden actions.

2.4 As further described and set forth in the Terms of Use, the Service is intended for individual personal or commercial use. All materials published on the Service (including, but not limited to photographs, graphics, images, illustrations, sound clips and flash animation, audio, text, and other content, together hereinafter referred to as the "Content") are protected by copyright pursuant to U.S. and international copyright laws, and owned or controlled by E-Stationery and/or its licensors and/or the party credited as the provider of the Content. You shall abide by all additional copyright restrictions contained in any Content accessed through the Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as otherwise provided for in the Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.

3 Features Provided on Service

3.1 As further described and set forth in the Terms of Use, E-Stationery may feature on the Service, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, promotions, banners, buttons, integrated gift services, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH E-STATIONERY. E-STATIONERY MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. E-STATIONERY WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY E-STATIONERY ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

4 Representations and Warranties

4.1 In addition to, and without derogating from, any terms, covenants, representations and/or warrantees contained in the Terms of Use, you hereby represent, warrant and covenant (a) that no materials of any kind submitted through use of the Service in any way will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless E-Stationery and its affiliates, and all officers, directors, shareholders, agents, Content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement including, without limitation, any of the foregoing representations, warranties and covenants or any representations, warranties and covenants contained in the Terms of Use. You shall cooperate as fully as reasonably required in defense of any such claim. E-Stationery reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

4.2 You agree to not use the Service to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a E-Stationery official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;

4.3 E-Stationery does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Service by any users, information provider, advertiser or any other person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.

5 Fees and Payments

5.1 You shall be responsible to pay all fees and charges incurred through your Subscription at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by E-Stationery or by any vendor or service provider. At its sole discretion, E-STATIONERY reserves the right at any time to offer the Service at a discount or to provide premiums and promotions as a Subscription incentive. All fees and charges shall be charged to the credit card provided as part of the initial subscription process and you agree to pay such charges. You shall also pay any applicable taxes relating to use of the Service through your account.

5.2 For your convenience and to ensure that your access to the Service remains uninterrupted, unless we hear from you, we will automatically renew your Subscription at the expiration of the term. E-Stationery will charge your card on file for the cost of another term at the then-current rate using the information you previously provided to E-Stationery. You will not be notified in advance of your impending renewal. E-Stationery reserves the right to increase the price of the Service upon renewal without notice to you. If you wish to cancel your renewal for any reason, you may do so by sending an e-mail to support@spamblockerutility.com. In such case, your subscription will not be renewed. However, there are no refunds for payments made prior to cancellation or for any partial use of the Service during the term.

6 Limitation of Liability

6.1 IN ADDITION TO AND WITHOUT DEROGATING FORM ANY PROVISIONS IN THE TERMS OF USE, THE SERVICE, THE CONTENT, INFORMATION, AND SERVICES PROVIDED ON THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY PART OF THE SERVICE, THE CONTENT, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. E-STATIONERY IS NOT RESPONSIBLE FOR ANY FAILURE OF ANY CONTENT TO BE TRANSMITTED TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE SERVICE, THE CONTENT AND ANY INFORMATION MADE AVAILABLE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

6.2 IN ADDITION TO AND WITHOUT DEROGATING FORM ANY PROVISIONS IN THE TERMS OF USE, NEITHER E-STATIONERY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR SHAREHOLDERS (TOGETHER, "E-STATIONERY RELATED PARTIES") SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE OR THE SERVICE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF E-STATIONERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT E-STATIONERY AND ALL E-STATIONERY RELATED PARTIES' AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO E-STATIONERY PURSUANT TO THE TERMS OF THIS AGREEMENT.

6.3 IN ADDITION TO AND WITHOUT DEROGATING FORM ANY PROVISIONS IN THE TERMS OF USE, NEITHER E-STATIONERY NOR E-STATIONERY RELATED PARTIES TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY CONTENT TRANSMITTED OR USED BY YOU OR ANY MEMBER, THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SERVICE. YOU AGREE TO FULLY INDEMNIFY HOLD HARMLESS E-STATIONERY AND E-STATIONERY RELATED PARTIES FROM ALL CLAIMS BASED UPON COMMUNICATIONS MADE BY YOU OR ANY OF YOUR USE OF THE SERVICE, THE CONTENT OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE.

7 Miscellaneous

The Agreement represents the complete agreement between you and E-Stationery concerning the subject matter hereof and supersedes all prior agreements and representations. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the highest extent. Except as specifically set forth herein, the Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized E-Stationery representative. E-Stationery may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under the Agreement to any third party whatsoever, without notice and without the need to receive your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement. This Agreement is governed by the laws of the State of New York, without reference to its conflict of law principles and the exclusive jurisdiction for any dispute arising hereunder shall be submitted to the competent courts in New York City. Any questions concerning this Agreement may be directed by email to hotbar.legal@hotbar.com

This Terms of Sale and User's License have been last update on November 30, 2003

PRIVACY POLICY

Hotbar is committed to your privacy!

HOTBAR COLLECTS AND STORES INFORMATION ABOUT THE WEB PAGES YOU VIEW AND THE DATA YOU ENTER IN SEARCH ENGINE SEARCH FIELDS WHILE USING THE SOFTWARE. HOTBAR USES THIS INFORMATION TO DETERMINE WHICH ADS AND BUTTONS TO DISPLAY ON YOUR HOTBAR TOOLBARS AND WHICH ADS TO SHOW YOUR BROWSER. HOWEVER, HOTBAR DOES NOT (A) ASSOCIATE OR STORE SUCH WEB USAGE DATA OR SEARCH INFORMATION WITH ANY PERSONALLY IDENTIFIABLE INFORMATION SUCH AS NAME OR EMAIL ADDRESS OR (B) ANALYZE SUCH WEB USAGE DATA OR SEARCH INFORMATION TO DETERMINE THE IDENTITY OF ANY HOTBAR USER. SOME INFORMATION COLLECTED BY THE HOTBAR SOFTWARE IS PERSONALLY IDENTIFIABLE, SUCH AS NAME AND EMAIL ADDRESS. THIS PERSONALLY IDENTIFIABLE INFORMATION IS STORED SEPARATELY FROM THE INFORMATION ABOUT THE WEB PAGES YOU VIEW AND THE DATA YOU ENTER IN SEARCH ENGINE SEARCH FIELDS AND THE TWO TYPES OF INFORMATION ARE NOT CORRELATED OR LINKED. FURTHERMORE, HOTBAR DOES NOT USE THIS PERSONALLY IDENTIFIABLE INFORMATION TO DETERMINE WHICH ADS AND BUTTONS TO DISPLAY ON YOUR HOTBAR TOOLBARS OR WHICH ADS TO SHOW YOUR BROWSER.

HOTBAR AND YOUR PRIVACY
Hotbar is committed to your privacy. We will never sell, rent or disclose your personally identifiable information to outside parties without your express consent unless we believe, in good faith, that such release is reasonably necessary to comply with law or enforce or apply the terms of our user agreement.

Hotbar is constantly evolving. New features are continuously being added to the site and Software. With these improvements, our privacy statement may evolve. If this should happen, we will inform you through our site's homepage and this privacy statement. Regardless of the aforementioned, we will never disclose your personally identifiable information to outside parties without your consent.

WHAT INFORMATION WE COLLECT

If you are only visiting the Hotbar Web site (www.Hotbar.com), we collect the following information: the full Uniform Resource Locator ("URL") of the Web page from which you came to www.Hotbar.com; your Internet Protocol ("IP") Address, which may include a domain name; the date and time for each page you view; the name of and information about any advertisement that brought you to the Hotbar Web site; Computer and connection information such as browser type and version, operating system, and platform. We also transmit cookies to your computer so we can track the pages of our Web site that you view and the order in which you view them. If you download and install the Hotbar toolbar software (the "Software"), we collect any information voluntarily provided by you during the installation and registration process, which can include your email address as well as demographic information such as gender, age, occupation, household income, zip code and country. We also collect the name of and information about any advertisement that brought you to the Hotbar Web site or download. Non-personally identifiable demographic information is correlated to Web usage information collected during use of the Service, but we do not attempt to determine your identity by analyzing this information. When you download the Software, and at times during your use of the Service, we transmit Hotbar cookies to the hard drive of your computer. These cookies assign your Web browser a unique series of numbers, letters, or characters (your "User ID") that enable Hotbar's servers to recognize and identify your Web browser when you are using the Service. They also enable Hotbar to track and store information about your Web usage path.

When you visit Web sites with the Software installed (the "Service"), we collect information about the Web sites you visit and the pages you view. This information allows us to display toolbar buttons that are related to the Web site you are currently visiting. For every Web page you view while using the Service, the Hotbar software transmits and stores the following information from your computer to Hotbar: Your IP Address, which may include a domain name; the full URL of the Web page you are visiting; general information about your browser; general information about your computer's operating system; your Hotbar cookie number (and through registry) and the date and time the above information is logged. When you type search terms into a search engine site while using the Service, the search term ("Search Term") you entered is transmitted from your computer and stored by Hotbar. This allows us to display buttons on the Hotbar toolbar that are related to the search term you entered. We also collect and store the following Hotbar Toolbar usage statistics: what Toolbar buttons you click on; what links within the Toolbar buttons you click on; the amount of time you have used the Software during each session; what browser skins you have downloaded during any given session.

When using the Service, other information collected includes your selection, and the specific type of any background image (including those known as a "skins"), business card(s) and related images and content including any updates thereof and changes thereto, and other images whether specific or for background purposes (all of the foregoing shall hereinafter be referred to as "Images and Content"), whether any of the foregoing are used in an application for your browser or within an outgoing e-mail. The personally identifiable information collected when creating a business card account is explained further below. When Images and Content are selected, the applicable information (in the form of a zipped file that contains an HTML code and, in some cases, a preview of an image) is downloaded onto your hard drive. When an e-mail, containing Images and Content, is received, the recipient receives the e-mail which includes HTML format comprised of HTML code which allows for the presentation of the selected Images and Content to such recipient directly from our servers. Such HTML code of the e-mail may also retrieve information form our servers (such as text and/or banner promotions) which will, in such case, also appear in the e-mail sent and be viewed by the recipient in question.

Personally Identifiable Information

In general, we do not gather from you without your specific permission any personally identifiable information when you visit this site and download or use the Software. In any event, we will not knowingly collect any personal information from children 13 years old and under.

We ask you to provide personally identifiable information in specific events, in which it is essential in order to provide you with one of the following services:

1. When you wish to obtain services offered through the Software or our site that require the completion of a registration form, either on this site or on one of our Affiliate Sites. In no event will we use the personally identifiable information entered into these registration forms without your consent.

2. When you wish to send a message ("tell a friend") or ("send a skin") by email from our site to your acquaintance(s). Each such message will be sent only once. We will never use your personally identifiable information gathered this way without your consent. In any event, we will never use the recipients' personally identifiable information.

3. When you wish to become a Hotbar Affiliate Site and integrate certain elements of our technology into your Web site (e.g. the ability to post skins on your site). We will use the personally identifiable information gathered this way (your name, email and site's URL address) to contact you with information and updates addressing Affiliate Sites. You may opt-out of this mailing list; see the "Opt-out" section below. It is not required to become a Hotbar Affiliate Site in order to use this site and the Software.

4. When you wish to participate in contests that we conduct on this site, we ask you for your email so we can contact you when necessary. We will never use your personally identifiable information gathered this way for other purposes without your consent.

5. When you opt-in to one or more of our mailing lists or the mailing lists of our affiliates or sponsors to receive either direct emails from us or information from any of our affiliates or sponsors. Direct e-mails from us may include information regarding our sponsors or affiliates. We will send you direct emails (newsletters, updates etc.) every once in a while. You can always opt-out of receiving future mailings (see the "Opt-out" section below). If you opt-in to receive information from our affiliates or sponsors, we will provide such affiliates or sponsors with the personally identifiable information you provided during the registration process for this purpose. We advise that you read the privacy policies and statements of the affiliate or sponsor from whom you have opted-in to receive information before you do so.

6. When you create an account for use of the business card service in outgoing e-mails, you are required to provide your e-mail address and a password. You may also include various other personal information in the body of the business card(s) you create. All such information provided is stored on our servers. We wish to stress that, after you have updated information on any given business card, all past recipients of such business card are provided with the option of receiving such updated information. Such updating option would appear in each past e-mail sent which included the business card in question, thereby providing all such past recipients immediate access to such updated information. We strongly recommend that this be considered when updating any business card, and that if such retrospective 'cross-the-board' updating of your personal information is not desired, that you create a new business card when your personal contact and other information changes as opposed to simply updating an existing business card. In no event will we use the personally identifiable information provided when creating and/or updating any business card without your consent.

Hotbar analyzes its logs of usage paths and stored Search Terms, collected from users to determine Web usage of users in the aggregate and to build anonymous web usage profiles. However, because Hotbar stores this Usage Path and Search Term information separately from users' personally identifiable registration information Hotbar cannot correlate or link a user's usage path/Search Term information and such personally identifiable information to each other. Hotbar uses these anonymous web usage profiles and stored Search Terms to determine which ads and buttons to display on your Hotbar Toolbar and which ads to show your browser.

In addition, the URLs we collect sometimes contain personal information about you. For example, when you enter information on a Web page (e.g., when you complete an online registration form or sign up for a contest), the operator of the Web site may insert that information into its URL for that or the next page. This information often appears after a question mark ("?") in the URL, although it can appear in other places. This means that your name, your address, your email address, or similar information you might consider private or personally identifiable which you enter into a Web page sometimes becomes part of a URL that is then transmitted to Hotbar and automatically stored in Hotbar's databases. This can also occur with words, topics, products, or phrases you enter into search engines - whether those engines are provided by the Service itself or found elsewhere on the Web - while using the Service. Hotbar has no control over what information third party Web sites put into their URLs or where they put it, but any information in each URL is collected and stored by Hotbar when you are using the Service. Other than by Storing Search terms as described above, Hotbar does not attempt to analyze or dissemble these URLs in any way. In addition, Hotbar does not attempt to determine the identity of any Hotbar user by analyzing these URLs. These URLs are only stored as a part of your Web usage path, which is stored separately from, and cannot be linked to, the personally identifiable information you have provided to Hotbar.

WHAT WE DO WITH THE INFORMATION WE GATHER AND TRACK

When we gather personally identifiable information, it is for the main purpose of providing you with a quality service. In addition to the use of the personally identifiable information when providing the service itself as described above, this information may be used to identify broad demographic trends and generate aggregated statistics of usage and popularity of the services, so we can improve them. We will not share your personal information with third parties unless we believe, in good faith, that such release is reasonably necessary to comply with law or enforce or apply the terms of our user agreement.

Hotbar also gathers certain non-personally identifiable demographic and other information from its users such as zip code and age. The non-personal information gathered and tracked through our system will not be used by us to attempt to identify you personally.

We employ other companies and individuals to perform functions on our behalf, such as technical support services. To perform those functions, it may be necessary for them to obtain access to Hotbar's databases and servers, which may contain personally identifying information about users. They may not use such access or information for any purpose other than that for which they are retained.

In the event that Hotbar or substantially all of its assets are sold or acquired, the Service and all information collected by the Service would be transferred to the acquiring party. In any such transfer, however, such information would remain subject to any terms and conditions applicable to the Service at the time the information was collected, including the terms of this Privacy Policy and any amendment thereto.

THIRD PARTY SITES AND SERVICES
This site may contain links or services to other sites not maintained by us. Hotbar is not responsible for the privacy practices or the content of such Web sites and recommend that you review such sites' privacy statements and terms of use.

These sites and services include:

1. Hotbar works with third party advertising companies to serve ads when you visit our web sites and use the Service, including the toolbars. One such third party is DoubleClick. Such companies may use information (not including your name, address, email address or telephone number) about your visits to our and other web sites and use of the Service, including the toolbars, in combination with non-personally identifiable information about your purchases and interests from other online and offline sources, in order to provide advertisements about goods and services of interest to you. In addition, we share web site usage information about visitors to our web sites and users of the Service, including the toolbars, with such companies for the purpose of managing and targeting advertisements and for market research analysis on our web sites and the Service, including the toolbars. For these purposes, we and our third-party advertising companies may note some of the pages you visit on our web sites, and through use of the Service, including the toolbars, through the use of pixel tags (also called clear gifs). In the course of serving advertisements, our third-party advertisers may place or recognize a unique "cookie" on your computer and, in some cases, collect data through the use of cookies. To find out more about DoubleClick's information practices and to know your choices about not having this information used by this company, please go to www.doubleclick.net/us/corporate/privacy.

2. Hotbar, from time to time, may work with email direct marketers, affiliates and/or sponsors to offer users the opportunity to subscribe to various subscriptions to newsletters and information, whether by e-mail or otherwise. Please read the privacy policies and statements of such marketers, affiliates and/or sponsors before opting-in to receive such newsletters and/or information and/or entering your email address or any other information into their subscription window. If you do decide to receive such newsletters and/or information, the personally identifiable information you may have provided during the registration process will be transferred to such third parties (see above).

CHILDREN 13 AND UNDER

If you are thirteen years old or younger, we will not collect, store or use your personally identifiable information. In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.

SOFTWARE UPDATE

The Software is designed to check for the availability of software updates to ensure that you enjoy the latest improvements of the Software. When the Software checks for the availability of software update, anonymous information about the Software version and installed components are sent to our Web server. The information is used to determine whether new free Software is available for download and is not associated with your personally identifiable information.

CHOICES/OPT-OUT

Our site provides you the opportunity to opt-out of receiving communications from us at the point where we request information about you. To remove your email from our mailing lists, click here.

If you would like to remove the cookie installed on your computer by this site and Software, you need to uninstall the Software using the complete uninstaller. Click here to download the complete uninstaller.

SECURITY

This site and Software have security measures in place to protect the loss, misuse and alteration of the information under our control. A limited number of senior employees have a password-protected access to the database that contains personal information. Such employees are instructed and trained to maintain the database while keeping the privacy of the users.

If you have any questions regarding the specific security measures in place, please contact us at hotbar.privacy@Hotbar.com.

CHANGES

This site gives users the option of changing and modifying information previously provided. Email us at changes@Hotbar.com or opt-out and then opt-in with your updated information.

CONTACTING US ABOUT PRIVACY

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us at:

Privacy Team Hotbar.com, Inc. 226 West 37th St. New York, NY 10018 Or email us at: hotbar.privacy@Hotbar.com

Internet Protocol Address

An Internet Protocol ("IP") address is a set of numbers that is automatically assigned to your computer each time you connect to the Internet. When you use your Web browser to request a Web page from another computer on the Internet, your Web browser automatically gives that computer your IP address so that the data you request can be sent to your computer. For many users who access the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time they log on ("dynamic" IP addresses); others may be assigned only one IP address that remains the same from session to session ("static" IP addresses) (more common with broadband ISPs).

Uniform Resource Locator

A URL (or uniform resource locator) is the full Web address of a file or document you view when browsing the Internet. With most browsers, such as Microsoft Internet Explorer or Netscape Navigator, the URL of every Web page that you view is displayed in a window near the top of the screen. Typically, a URL consists of four parts: protocol, server (or domain) where the file is located, path, and filename. However, some URLs have no path or filename.

Usage Paths

A usage path is the trail of requests automatically transmitted to and logged by Hotbar as a user surfs the Internet with the Software installed. Usage paths consist of the following data for each Web page visited by an Hotbar user: (a) the IP address assigned to the user; (b) the date and time the Web page is visited by the user; (c) the user's browser type and version; (d) the user's operating system and version; (e) the user's User ID; and (f) the full URL that the site assigns to the Web page.

This privacy policy was last updated on March 25, 2003.

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