Free the Net Terms of Service
ACCEPTANCE OF TERMS OF SERVICE
This Terms of Service (the "Agreement") is a legal agreement between Meraki, Inc., a Delaware corporation with offices at 99 Rhode Island St., San Francisco, CA 94117 ("Meraki") and You ("You") regarding your use of Meraki's Free the Net service ("Service"). By accessing the Service, you accept this Agreement and any modifications that may be made to this Agreement. If you do not agree to any provision of this Agreement, do not access the Service.
You further acknowledge that use of our Service is subject to the terms of our privacy policy.
1. THE SERVICE
1.1 Service. When you use the Service, advertisements may be displayed on your Internet access device (personal computer, PDA, wireless phone, etc.) Such advertising messages are only displayed to devices connected to the Meraki network. Because your web browser retains local copies of ("caches") web pages, you may sometimes continue to see Meraki messaging after disconnecting from the Meraki network. If this happens, click here to learn more. We do not provide you with the equipment to access the Service. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. You may discontinue use of the Service at any time. Meraki may terminate the Service, or this Agreement, or change any feature or functionality, for any reason or no reason at all at any time and without prior notice.
1.2 Your Responsibilities. You are responsible for your account activity. You must comply with all applicable laws when using the Service and Content. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:
| • | send proactively, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights; |
| • | do anything which is contrary to the acceptable use policies of any connected networks and Internet standards; |
| • | insert or knowingly or recklessly transmit or distribute a virus, including by sending email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities; |
| • | hack into any aspect of the Service; |
| • | use the Service to cause annoyance, inconvenience or needless anxiety to subscribers or others; |
| • | use any domain name or mailbox name so as to infringe upon the rights of any other person; |
| • | send or provide any unsolicited advertising or other promotional material, commonly referred to as "spam" by email, webmail or by any other means; |
| • | use the Service in any way which could be detrimental any other user on the network; or |
| • | impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. |
1.3 Termination. You may discontinue use of the Service at any time. Meraki may suspend or terminate the Service, or this Agreement, or change any feature or functionality, including limiting bandwidth, downloads or certain activity, for any reason or no reason at all.
2. DISCLAIMER AND LIMITATION OF LIABILITY
2.1 Disclaimer of Warranties. Meraki and its suppliers disclaim any and all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement. You understand and agree that the service and Meraki software and Meraki hardware are provided "as is." Meraki makes no warranty that the service will meet your requirements, or that use of the service will be uninterrupted, timely, secure, or error-free; nor does Meraki make any warranty as to the accuracy or reliability of any information obtained through the service, that any defects in the service will be corrected. Further, Meraki does not warrant that the service or the Meraki servers are free of viruses or other harmful components. Meraki also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your hardware, software, or other equipment or data. Because some jurisdictions do not permit the exclusion of implied warranties, portions of this section may not apply to you.
2.2 Exclusion and Limitation of Liability. In no event will Meraki or its suppliers be liable to you or any third party for any lost profits, use of user information, loss of data, business interruption, or other indirect, consequential, special, or incidental damages of any nature arising from or relating to your use of the service or use of the service through your account by anyone else, even if Meraki has been advised of the possibility of such damages. In no case will Meraki's total cumulative liability to you and anyone who uses the Meraki service through your account, for any and all claims under any theory of law, exceed one hundred dollars [$100]. You understand that these limitations of Meraki's and Meraki's suppliers' liability are a fundamental part of this agreement. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, in which case Meraki's liabilities shall be limited to the maximum extent allowed by law.
2.3 Indemnity. You agree to defend, indemnify and hold harmless Meraki from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of or related to your use the service.
2.4 Privacy Policy. We collect registration and other information about you through the Service. Our collection and use of this information is governed by our Privacy Policy available at http://meraki.com/legal/privacy.
3. MISCELLANEOUS
3.1 Updates to the Agreement. Meraki may occasionally update this Agreement. When we do, we will revise the "last updated" date on the Agreement, and you may view the most current version at http://sf.meraki.com/terms_of_service. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Service, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Meraki regarding the Service.
3.2 Legal notices. This Agreement will be governed by the laws of the State of California without regard to its conflicts of laws provisions. The state and federal courts within San Francisco County, California will have exclusive jurisdiction over all disputes arising out of this Agreement. The failure of Meraki to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Meraki in writing. In the event that a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not assign this agreement without the prior written consent of Meraki. Meraki may assign or transfer this agreement without prior written consent. This Agreement shall be binding upon the respective parties hereto and their respective legal successors and permitted assignees.
Should you have any questions concerning this Agreement, or if you desire to contact Meraki for any reason, please contact sf@meraki.com.
This policy was last updated on July 31, 2008.