| Terms of Use | |
| - | Cloakfish.com shall have the right to modify, add or remove any terms of these Terms of Use without prior notice or liability to you.
The most recent version can always be found on http://www.Cloakfish.com/?tab=legal. The last modification was on 15/11/2008 The default currency is US Dollar ($). Information about the ownership can be read at (contact) |
| Disclaimer | |
| - | Cloakfish.com gives the best commercial efforts to keep the service online.
The performance of this website, its services and its contained information is provided on an "as is" basis without any warranties. DoS attacks, high traffic, maintenance or other unpredictable events can always affect the performance and accessability of the services. |
| - | As a visitor to Cloakfish.com, you acknowledge and agree that any reliance on or use by you of information available on this website shall be entirely at your own risk.
In no event shall Cloakfish.com nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website. |
| - | The privacy of any visitors is a high concern for us. You agree to read the Privacy Policy for details. |
| Confidentiality and Transmissions over the Internet | |
| - | The transmission of data or information over the Internet is not secure, and is subject to possible loss, interception or alteration while on transit.
Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet. While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with the Privacy Policy, in no event will this result in any liability to you on our part in the event that third parties were able to gain access to this data. It is technically not possible to guarantee privacy of data on its route between client and server. |
| User Conduct and Obligations | |
| - | You agree to follow all applicable laws and regulations when using this website or its services, including our applications.
|
| - | Any data you submit to portions of this website shall not come from automated processes without our authorization.
Automated process means any script, or computer program that has the ability to post/send data in an automated way. It is allowed to use automated tools through the tool Cloakfish (like *ENuke,*rumer, and similar) |
| - | Also you shall not: |
| - | upload, post or otherwise transmit content that
* is unlawful * might infringe the intellectual property rights, privacy rights, right of publicity, or other proprietary rights of others * contains viruses/trojans or any other harmful elements |
| - | disrupt, place excessive loads on, attempt to gain unauthorized access to any portion of this website, its computer systems or networks |
| - | provide false information about yourself, impersonate another person, or otherwise attempt to mislead about your identity or the origin of any content |
| - | sell access or use of this website |
| - | redistribute any content without written permission |
| - | attempt to break any security mechanisms of this website
|
| Indemnification by User | |
| - | You agree to indemnify, defend and hold Cloakfish.com, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. I reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. |
| Third Party Websites, Content, Products and Services | |
| - | You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through my website and any of their services, including payment for and delivery of any related goods and services, are solely as between you and such third parties. You understand and acknowledge that some of services accessible on my website are provided by third parties (including, but not limited to, discount foreign exchange services and online foreign exchange trading services) and that in certain instances, I may receive referral fees and/or other compensation from third parties on a per use or other basis based on your purchase or use of third party goods or services found on or accessed through my website. You acknowledge that in such dealings with third parties, I am not the seller or provider and your agreement of purchase or for services with such third party is solely between you and the third party, and not me or Cloakfish.com.
We assume no responsibility whatsoever for any charges, losses or liabilities you or any user of your account incurs when making purchases or completing transactions with such third parties. As user/customer you acknowledge and agree that we shall not be responsible or liable in any way for any loss or damage of any kind which you or any other user of your account may incur as a result of, or in connection with, any dealings or transactions with such third parties. Links or pointers to other websites and references to products and services offered by third parties are not under my or our control or responsibility. If you feel a linked service or content is against the law or our Terms of Use please write an email with details! |
| Proprietary Rights | |
| - | Cloakfish.com and any identifying marks of Cloakfish are either trademarks or copyrighted property and is protected under international copyright law.
Advertisements and their content are not under our control or responsibility. Cloakfish.com do not have any liability regarding links or advertisements but any unlawful content will be removed. (see contact page) Any rights not expressly granted to you are reserved. |
| - |
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. 2. Identification of the copyrighted work claimed to have been infringed. 3. Identification of the material on my website that is claimed to be infringing or to be the subject of infringing activity. 4. The address, telephone number or e-mail address of the complaining party. 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. 6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed. |
| Customers | |
| - | The performance or reachability of this website and our services depend on events out of our control (act of god, power failures, server failures, routing problems, maintenance, etc). Because of this we are not liable for any such outages and there is no guarantee for the performance or accessibility of this website/services during such events.
Downtimes will be as short and rare as possible for us! |
| - | We are not liable for any payment issues related to paypal or the transmission of payment data through the Internet. |
| - | It is not allowed to share a cloakfish account with multiple persons or use the account on more than one computer at the same time. Such an action is a violation of our terms and will result in license removal or account suspension without refund. |
| - | We can close or suspend any account or license at any time. Your remeaning license time will be refunded partially only if no violation of our terms of use happened. |
| - | Refunding a bought license is not possible |
| General | |
| - | Cloakfish is using the Tor network and a modified Tor client to provide anonymity which is under the BSD free software license. We do not sell access to the Tor network or the Tor-client. Our business is selling licenses to our Tor-Controller Cloakfish. |
| - | If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. |
| - | Questions regarding the Terms of Use shall be sent to legal@Cloakfish.com |
| Affiliate Terms and Conditions | |
| - | Anyone can become an affiliate, all you have to do is sign up for a free Account through the download/order page. You can verify your commissions and page impressions in your Account. Once you can be paid out you just need to send us your paypal email address to receive your funds. Your referrer link can be found on your account page. |
| - | We will send out payments at the begin of each month if your balance exceeds 20$ Payments are sent through paypal to your paypal account. Commissions are only sent out after 6 weeks have been passed, this is required because of the high fraud and paypal policies regarding chargebacks. If you require a payment earlier the commission might be sent out earlier as well, this is decided case by case. Any chargebacks or paypal disputes are removed from your commission. Please accept that we are no huge company and accept a possible delay cause of holidays or similar circumstances when receiving your payment. We will do our best to send your commissions on the begin of each month. |
| - | Commissions apply on referred customers who created their account followed by the affiliates referral link. Existing customers must not be referred again, commissions only apply to new customers The commission amount (10%) applies on all evaluation licenses and the first real license sold (-6% fees we have to pay to the transaction provider). You will receive a commission on the first sale of the referred customer, if the sales are evaluation licenses you will receive a commission on the sales until the customers buys a full license. Example: Customer A is referred by your link and orders one Evaluation license (1 $), one more evaluation license (2$) and then orders a Swarm license (99$). You receive commission on the sales 99$ + 1$ + 2$ = 102$ . minus 6% fee = 95,88 $, your commission is 9,58 $ Example: Customer B is referred by your link and orders one Evaluation license and then orders 12 years Swarm license (99$). You receive commission on the sales 950,4$ + 1$ = 951,4$ . minus 6% fee = 894 $, your commission is 89,44 $ Top affiliates can receive bonuses and higher commission rates, this is decided case by case. |
| - | Advertising Cloakfish is allowed as long as you do not cause us trouble. You are allowed to advertise Cloakfish on forums, by email or on your website. But you are not allowed to impersonate Cloakfish or represent yourself as software owner. You are not allowed to bid on Cloakfish or the license names in google adwords or similar |
| - | Breaking our Terms and conditions will result in a ban and no commission will be sent out. |
