AntiToolbar Terms of Service

Welcome to Anti-Toolbar.com, a web-based toolbars and extensions manager service, operated by Reimage, Inc. ("AntiToolbar" or the "Service").

This document explains the terms and conditions for using AntiToolbar (the "Agreement").
By clicking "I Accept" or by using AntiToolbar, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Service. This Agreement was last updated on: 08/13/2013.

SUMMARY OF OUR SERVICE

AntiToolbar protects your PC bowsers from any unwilling toolbar, extensions, and any changes to your homepage or search engine. AntiToolbar offers owners of Windows-based computers and their authorized technicians the ability to manage or remove unwanted toolbars or browser extension from their PC. The program automatically detects any Toolbars installed on your PC and gives you the opportunity to disable them. The software supports the most popular browsers; any version of Internet Explorer, Google Chrome and Mozilla Firefox.

PROPRIETARY RIGHTS

  • Our Proprietary Rights. Our Service contains client-side diagnostic and scanning technology that are proprietary to AntiToolbar ("Diagnostic Tools") and third party components, libraries and other material or location references where such components may be obtained that are the copyright, trademark or other intellectual property of AntiToolbar or designated third parties. The Reimage Service is copyrighted individually and as a collective work by Reimage. All rights are reserved. The name "Reimage", "Reimage.com", “AntiToolbar”, “Anti-Toolbar.com”, “ReimagePlus.com” and other names appearing herein are the trademarks or registered trademarks of the Service or the respective owners. All copyright, trademark or other proprietary rights notices appearing on any works shall remain intact and legible. During the Term of your usage, you grant AntiToolbar the right to download, install, store, load and execute on your Computer the Diagnostic Tools for the sole purpose of scanning your PC and providing the Service specified herein. You acknowledge that the Reimage Service may not be distributed without Reimage agreement.
  • Your Proprietary Rights. You (or your designee) own all right, title and interest in your Customer Configuration and all customer data on your Computer. All software programs, information, images, documents and customer data stored on your Computer shall remain your sole and exclusive property, or that of your third party licensors, customers and/or owners. AntiToolbar makes no proprietary claim to the foregoing, other than the limited, non-exclusive, irrevocable right: to scan and disable any browser extension, change search engine and/or homepage, as authorized herein, and for no other purpose.
  • Reservation of Rights. Each party reserve all rights not specifically granted. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Service. You may not reverse engineer our Service or any software or data obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order and costs of enforcement (including reasonable attorneys fees) without necessity of posting bond to enjoin you from further mischief.

APPLICABLE CHARGES & PAYMENT

All features of AntiToolbar are free. For Terms of Service of Reimage, refer to http://www.reimageplus.com/terms-of-use/

PUBLIC FORUMS & POSTED MESSAGES

  • Your Public Messages. Our Service may include $_SERVER['DOCUMENT_ROOT'].certain interactive features that allow users to post, transmit and receive messages on discussion forums or other online channels ("Communications"). We do not prescreen or editorially control Communications on our Service. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Service or to any person.
  • Permission to Publish. Our Service does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Service (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Service and to make such incidental and additional uses as may be needed to operate the Service and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on the Service generally, including your own Communications.
  • Data Management & Disclosure. We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Service at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Service. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Service, (c) to enforce this Agreement, or (d) to protect the interests of any other user.
  • Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Service. You will not use the Service to violate any applicable law. In order to protect itself, the Service may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Service or to use a competitor's service.
  • Anti-Spam Restriction. You will not use our Service to make any Communications which are unsolicited bulk advertising or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Service. You may not harvest email addresses or instant messaging identifiers.

THIRD PARTY LINKS AND ADVERTISERS

Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Service. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a re-publisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.

SYSTEM SECURITY

We follow well defined technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. No computer system is completely secure, but we believe the measures implemented by our Service reduce the likelihood of security problems to a level appropriate to the type of data involved.

OUR PRIVACY POLICY

Our Privacy Policy for this Service is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference into this Agreement and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on our Service) may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details. You may also refer to the privacy policy of our parent company, Reimage - http://www.reimageplus.com/privacy-policy/

WARRANTIES & LIABILITIES

  • No Warranty on Third Party Software. Reimage MAKES NO WARRANTY OF ANY KIND AS TO THE PERFORMANCE OR QUALITY OF ANY THIRD PARTY SOFTWARE OR Reimage'S ABILITY TO RESTORE THIRD PARTY SOFTWARE TO GOOD WORKING ORDER. YOU WILL LOOK SOLELY TO THE SUPPLIER OF THIRD PARTY SOFTWARE TO OBTAIN ANY APPLICABLE LICENSES AND FOR ANY CLAIMS RELATING TO THE PERFORMANCE OF SOFTWARE, AND ANY UPDATES, ON THE REGISTERED COMPUTER.
  • Warranty Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE, DIAGNOSTIC REPORTS AND CONFIGURATIONS) MAY include $_SERVER['DOCUMENT_ROOT'].INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES IN ONLINE COMMUNICATIONS AND PUBLIC FORUMS. YOU AGREE TO MAINTAIN ORIGINAL MEDIA OR ARCHIVAL COPIES OF ALL SOFTWARE AND CUSTOMER DATA FOR YOUR REGISTERED COMPUTER. THERE ARE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
  • Limitation of Liability. AntiToolbar IS NOT LIABLE FOR ANY DIRECT. IN NO EVENT IS Reimage LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOSS OF USE OF YOUR REGISTERED COMPUTER, LOST OR CORRUPTED PROGRAMS OR DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
  • Indemnification. You agree to defend, indemnify and hold harmless the Service and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Service in violation or contradiction of this Agreement, including any claim that your Computer contains unauthorized software or data, or that your Repair & Maintenance Authorization or Archive & Restore Authorization were without legal authority or were legally ineffective to grant the authorization that they purport to grant.
  • Limitation of Remedies. You agree that if the Service breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Service, to the extent permitted herein. This applies regardless of whether this exclusive remedy fails of its essential purpose.
  • Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT Reimage, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.

FORCE MAJEURE

AntiToolbar is not responsible for any delay or failure in performance of the Service in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, terrorism, war, insurrection, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

NO OUTSIDE CONTACTS

Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Service operates solely in Tel Aviv, Israel (our "Locality"). You are using the Internet as your own agent to access and use our Service from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Service occur solely in our Locality. Our Service does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.

INJUNCTIVE RELIEF

If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.

GOVERNING LAW

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. THE PROCEDURAL LAW OF ISRAEL WILL GOVERN PROCEDURAL ISSUES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN ISRAEL AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN IN ANY ACTION BROUGHT BY YOU. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you irrevocably accept legal notices and papers by electronic mail at your last known email address (we would also attempt to send you a backup copy by regular mail).

TECHNOLOGY & DATA TRANSFER

  • Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Service that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.
  • European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Service is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Service.

U.S. GOVERNMENT RESTRICTED RIGHTS

To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is Reimage, Inc., a corporation with offices located at Tel Aviv, Israel.

RELATIONSHIP OF PARTIES

There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Service is not a party to any transaction between you and any third party advertisers, suppliers or customers. You will look solely to the third party for all claims regarding their goods, services or information.

RIGHT TO RELY ON INSTRUCTIONS

AntiToolbar may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Service's automated criteria or which is believed by the Service's personnel to be genuine. For any password protected areas, the Service may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Service may assume the latest email addresses and registration information on file with the Service are accurate and current. When programmed to do so, the Service may take prescribed actions in the absence of receiving proper, complete and timely contrary instructions.

CHANGES TO SITE

We reserve the right to modify, change or discontinue the Service or any feature at any time without notice, except we will give advance public notice of any upcoming price changes. You agree that the Service is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Service can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.

TERMINATION

Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.

NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.

  • Pricing Information: Currently AntiToolbar service is free. The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.
  • Complaints: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

MISCELLANEOUS

This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Service. Your continued use of this Service after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of performance or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement to any third party, including a party acquiring any of our operating assets or ownership interests upon written notice (including by way of email) to subscribers. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.

PUBLIC NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES

If you believe content on our Service infringes your copyrighted work and you want the Service to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail, email or fax it to our Registered Agent (do not use this procedure for any other kind of communication):

Mail or Fax it to us:
Legal Department
Reimage Ltd.
Trident Chambers
PO box 146
Road Town
Tortola, BVI
Fax it to: +972 3 613 1986
Email it to: legal@anti-toolbar.com
Israel

Notice of Copyright Infringement

I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work has been used on your Service without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material.
Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:
I can be contacted as follows:
My Name:
My Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.
Signed:
Date: