TypePad AntiSpam Service
Supplemental Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Six Apart's TypePad AntiSpam Service (the “TypePad AntiSpam Service”). The TypePad AntiSpam Service consists of an analysis and classification service hosted by Six Apart (the “Hosted Service”), plugin software released by Six Apart for various types and versions of blogging software which calls the Hosted Service via its API (each, a “Six Apart Plugin”) and an API key issued by Six Apart that authenticates an installed plugin with the Hosted Service (the “API Key”).
Your use of the TypePad AntiSpam Service or Six Apart’s Web properties through which the TypePad AntiSpam service is available is subject to these Supplemental Terms of Service ("TOS") in effect at the time of your use. Six Apart reserves the right to update and change the TOS from time to time without notice or acceptance by you, so please check this page frequently for updates and changes.
Your use of the TypePad AntiSpam Service or Six Apart’s Web properties through which the TypePad AntiSpam service is available is also subject to the Six Apart General Terms of Use (the "TOU") in effect at the time of your use, which are incorporated herein as though set forth in full. For the purposes of the TOU, the TypePad AntiSpam Service is a “Service”, each Six Apart Plugin is “Software”, your registration to obtain an API Key or your authentication of an existing Six Apart account to obtain an API Key is an “Account” and each of Six Apart’s Web properties through which the TypePad AntiSpam service is available is a “Site”. You can review the most current version of the TOU by clicking here at any time.
By making any use of the TypePad AntiSpam Service, including but not limited to making any connection to or use of the Hosted Service, downloading, installing and/or making any use of a Six Apart Plugin, registering for, installing and/or making any use of an API Key, or making any use of Six Apart’s Web properties through which the TypePad AntiSpam service is available, you signify your irrevocable acceptance of the TOS and the TOU in effect at the time of your use.
2. REGISTRATION; PRIVACY POLICY
You must be registered with Six Apart to obtain an API Key. The registration data you provide to Six Apart is subject to Six Apart’s Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. For the purposes of Six Apart’s Privacy Policy, the Hosted Service, each Six Apart Plugin, your API Key and Six Apart’s Web properties through which the TypePad AntiSpam service is available, singly and in combination, constitute part of the “Six Apart Sites, Products and Services”. You can review the most current version of Six Apart’s Privacy Policy by clicking here at any time.
3. RESALE, RE-USE AND DISTRIBUTION
The TypePad AntiSpam Service is provided to you only for your own use, or the use of your company, corporation, partnership or other organization. You may not under any circumstances (i) sell, lease, assign, license, sublicense, distribute or otherwise transfer or make available the Hosted Service or your API key, in whole or in part or any copies thereof, in any form to any third parties, (ii) host the TypePad AntiSpam Service for third party use or (iii) make the TypePad AntiSpam Service available to third parties as an application service provider or service bureau. Notwithstanding the foregoing, you are free to redistribute and re-use any components of the TypePad AntiSpam Service that are publicly released by Six Apart under an open source license pursuant to the terms of such license.
4. API KEY SECURITY
You are responsible for maintaining the confidentiality of your API Key and are fully responsible for all activities that occur under your API Key, whether authorized by you or not. You will immediately notify Six Apart of any unauthorized use of your API Key or any other breach of security. Six Apart will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your API Key.
5. ADVERTISING
You understand and agree that the TypePad AntiSpam Service and Six Apart’s Web properties through which the TypePad AntiSpam service is available may include advertisements and that these advertisements are necessary for Six Apart to provide the TypePad AntiSpam Service and Six Apart’s Web properties through which the TypePad AntiSpam service is available.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE TYPEPAD ANTISPAM SERVICE AND SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE IS AT YOUR SOLE RISK. THE TYPEPAD ANTISPAM SERVICE AND SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIX APART 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) SIX APART IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR USE, SHARING OF ACCESS TO OR OTHER INTERACTION WITH THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE. SIX APART DOES NOT WARRANT THAT (i) THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE WILL MEET YOUR EXPECTATIONS, (v) THE TYPEPAD ANTISPAM SERVICE, SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE AND/OR THE SERVERS THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (vi) ANY ERRORS IN THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE WILL BE CORRECTED.
(c) ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS OR OTHER TERMS OF SERVICE.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX APART 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 SIX APART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE; (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 TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE; OR (v) ANY OTHER MATTER RELATING TO THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE TYPEPAD ANTISPAM SERVICE OR SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE IS TO DISCONTINUE ANY USE OF THE TYPEPAD ANTISPAM SERVICE AND SIX APART’S WEB PROPERTIES THROUGH WHICH THE TYPEPAD ANTISPAM SERVICE IS AVAILABLE.
8. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. U.S. GOVERNMENT RESTRICTED RIGHTS
The TypePad AntiSpam Service is a “Commercial Item”, as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, use of the TypePad AntiSpam Service is made available to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, U.S. Government end users agree that the TypePad AntiSpam Service is a trade secret and a proprietary commercial product and not subject to disclosure.
10. GENERAL
Notices to you may be made via either email or regular mail. Six Apart may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the TypePad AntiSpam Service or on any of Six Apart’s Web properties through which the TypePad AntiSpam service is available. This TOS and the relationship between you and Six Apart shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Six Apart agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Six Apart to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. This TOS, the TOU, Six Apart’s Privacy Policy and any additional terms of service or end user license agreements, as applicable, constitute the entire agreement between you and Six Apart and govern your use of the TypePad AntiSpam Service and Six Apart’s Web properties through which the TypePad AntiSpam service is available, superseding any prior agreements between you and Six Apart (including, but not limited to, any prior versions of this TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Six Apart services, third-party content or third-party software. If any provision of this TOS or any incorporated documents are 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 this 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 TypePad AntiSpam Service or Six Apart’s Web properties through which the TypePad AntiSpam service is available 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.
