CancelAds Terms of Service

ACCEPTANCE OF TERMS

Profy, Inc. (“Profy”) owns and provides access to CancelAds service to you, subject to these Terms of Service (“TOS”), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://cancelads.com/tos.php. By accessing and using CancelAds, you agree to comply with and be bound by these ToS and the Privacy Policy. Failure to comply with these TOS may result in account revocation. If we make material changes to the TOS, we will send you notice of the changes by sending a message to you at the then-current email address associated with your CancelAds account. You agree that such amended TOS will be effective 30 days after the notice is sent to you, and your continued access to CancelAds after that time shall constitute your acceptance of the amended TOS.

DESCRIPTION OF SERVICE

CancelAds is a web-based service that provides functionality for website owners (“publishers”) not to serve advertising on their websites to those CancelAds users that have purchased CancelAds subscriptions (“subscribers”) throughout the duration of such subscriptions. CancelAds may be used through a web browser. Once registered with CancelAds, every user receives an account that enables such user to submit website(s) to be used with CancelAds and to buy subscriptions to website(s) owned by other CancelAds users.

CANCELADS ACCOUNTS

Registration is required for the use of CancelAds services. When a user chooses to act as a publisher and submit website(s) for use with CancelAds, these TOS will be complemented by other terms of service for publishers. If you choose to provide personal and financial information to Profy, you agree to provide only true, accurate, current and complete information and to maintain the accuracy of such information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the CancelAds website using your name, user name or password in whole or in part. By using CancelAds, you represent and warrant that you are eighteen (18) years of age or older and your use of CancelAds does not violate any applicable law or regulation. Your CancelAds profile may be deleted without warning if we have reasons to believe that you do not meet eligibility requirements. Being a registered CancelAds user, you can act both as a publisher, and as a subscriber. You may only register website(s) for use with CancelAds if (a) such website(s) is(are) owned or controlled by you; (b) you are entitled to generate revenue from website(s); (c) you are allowed to edit and modify the website(s). You may only purchase subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make by any payment means acceptable to Profy. You agree to pay all applicable taxes. The user is solely responsible for his or her actions when using CancelAds, including, but not limited to, costs incurred for Internet access.

INTENTION OF CANCELADS

CancelAds is made available to you for your own use, for personal or commercial purposes. You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with CancelAds, without first obtaining written permission from Profy. Furthermore, you may not use CancelAds in any manner that could damage, disable, overburden, or impair CancelAds, nor may you use CancelAds in any manner that could interfere with any other party’s use and enjoyment of CancelAds.

INTELLECTUAL PROPERTY

You acknowledge that Profy owns all right, title and interest in and to CancelAds, including without limitation, the website and all underlying software and technology, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

OBJECTIONABLE WEBSITES

We reserve the right not to approve submitted websites for use with CancelAds that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. In the event that following initial approval we have reasons to believe that a website contains objectionable content, we reserve the right not to allow this website for subsequent use of CancelAds.

ACCEPTABLE USE AND CONDUCT

You are solely responsible for the content of any website(s) you choose to submit for use with CancelAds and for your interactions with other CancelAds users, including owners of the websites you choose to purchase subscriptions to. You are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies, and Profy is not responsible for websites owned or controlled by other CancelAds users that contain or deliver viruses, spyware, malware, or other harmful content or code. Any use of CancelAds in violation of these TOS may result in, among other options, termination or suspension of your rights to use CancelAds. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose your personal information in compliance with our Privacy Policy.

MODIFICATIONS TO SERVICE

THIRD PARTIES

Your interactions with other users of CancelAds, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any user), we are under no obligation to become involved. CancelAds contains links to third-party websites and partner websites that use CancelAds services. You use all such links to third-party websites at your own risk. We accept no responsibility for reviewing the quality, content, policies, nature or reliability of third-party websites. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

NOTIFICATIONS

You acknowledge and agree that we may send you important information and notices regarding CancelAds service at the then-current email address associated with your account. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about CancelAds.

COMPLAINTS

Any complains regarding CancelAds TOS violation should be directed to Profy at cancelads@profy.com.

INDEMNITY

You agree to indemnify and hold Profy and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of CancelAds, your violation of the TOS, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF CANCELADS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CANCELADS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) PROFY MAKES NO WARRANTY THAT (i) CANCELADS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROFY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CANCELADS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

MISCELLANEOUS

These Terms of Service constitute the entire agreement between you and Profy and govern your use of CancelAds, superseding any prior agreements between you and Profy (including, but not limited to, any prior versions of the TOS) and any prior representations by Profy. The laws of the State of California, U.S.A, shall govern the TOS and the relationship between you and Profy, without regard to its conflict of law provisions. You and Profy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, U.S.A. The failure of Profy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

TERM AND TERMINATION

These TOS shall remain in full force and effect while you are a CancelAds user. You may delete your CancelAds account and end your use at any time, for any reason by following the instructions on the FAQ page (http://cancelads.com/faq.php). We may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your CancelAds account. You understand that termination of these TOS and your CancelAds account may involve deletion of your CancelAds information from our live databases. We will not have any liability whatsoever to you for any termination of your CancelAds account or related deletion of your information.

Last updated: June 5, 2009