Terms of Service
View our terms of service for the RealtimeSpy software below. You must
agree to these terms before purchasing the software and are bound to them at the
time of purchase. If you have any questions regarding user agreement
please contact our staff.
This Agreement governs the use of Realtime-Spy's web-based monitoring system,
Stealth Email - a fee-based email account, and Stealth FTP - a fee-based ftp
account (the "Services"). These services are provided by Spytech Software and
Design, Inc. In addition, you understand and agree that these Services are
provided on an AS IS and AS AVAILABLE basis. Spytech disclaims all
responsibility and liability for the availability, timeliness, security or
reliability of these Services. Spytech also reserves the right to modify,
suspend or discontinue these Services with or without notice at any time and
without any liability to you.
How you can use these Services
These services are made available to you for your personal or business use. Due
to the Children's Online Privacy Protection Act of 1998 (which is available at
http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of
age to use these Services. You must provide current, accurate identification,
contact, and other information that may be required as part of the registration
process and/or continued use of these Services. You are responsible for
maintaining the confidentiality of your Service password and account, and are
responsible for all activities that occur thereunder. Spytech reserves the right
to refuse service to anyone at any time without notice for any reason.
Proper Usage
You agree that you are responsible for your own communications and for any
consequences thereof. Your use of the Services are subject to your acceptance of
and compliance with this Agreement, including the Spytech Legal Policies ("Legal
Policies"), located at http://www.remotepcspy.com/terms.htm, or such other URL
as Spytech may provide from time to time. You agree that you will use the
Services in compliance with all applicable local, state, national, and
international laws, rules and regulations, including any laws regarding the
transmission of technical data exported from your country of residence. You
shall not, shall not agree to, and shall not authorize or encourage any third
party to: (i) use the Services to upload, transmit or otherwise distribute any
content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene,
contains viruses, or is otherwise objectionable as reasonably determined by
Spytech; (ii) upload, transmit or otherwise distribute content that infringes
upon another party's intellectual property rights or other proprietary,
contractual or fiduciary rights or obligations; (iii) prevent others from using
the Services; (iv) use the Services for any fraudulent or inappropriate purpose;
or (v) act in any way that violates the Legal Policies, as may be revised from
time to time. Violation of any of the foregoing may result in immediate
termination of this Agreement, and may subject you to state and federal
penalties and other legal consequences. Spytech reserves the right, but shall
have no obligation, to investigate your use of these Services in order to
determine whether a violation of the Agreement has occurred or to comply with
any applicable law, regulation, legal process or governmental request.
Content of the Services
Spytech reserves the right to access, read, preserve, and disclose any
information as it reasonably believes is necessary to (a) satisfy any applicable
law, regulation, legal process or governmental request, (b) enforce this
Agreement, including investigation of potential violations hereof, (c) detect,
prevent, or otherwise address fraud, security or technical issues (including,
without limitation, the filtering of spam), (d) respond to user support
requests, or (e) protect the rights, property or safety of Spytech, its users
and the public. Spytech will not be responsible or liable for the exercise or
non- exercise of its rights under this Agreement.
Spytech's Intellectual Property Rights
You acknowledge that Spytech owns all right, title and interest in and to these
Services, including without limitation all intellectual property rights (the "Spytech
Rights"), and such Spytech Rights are protected by U.S. and international
intellectual property laws. Accordingly, you agree that you will not copy,
reproduce, alter, modify, or create derivative works from these Services. You
also agree that you will not use any robot, spider, other automated device, or
manual process to monitor or copy any content from these Services. The Spytech
Rights include rights to (i) the Services developed and provided by Spytech; and
(ii) all software associated with the Services. The Spytech Rights do not
include third-party content used as part of these Services, including the
content of communications appearing on these Services.
Your Intellectual Property Rights
Spytech does not claim any ownership in any of the content, including any text,
data, information, images, photographs, music, sound, video, or other material,
that you upload, transmit or store in your Service account. We will not use any
of your content for any purpose except to provide you with the Services.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to
Spytech to participate in these Services is correct and current; and (b) you
have all necessary right, power and authority to enter into this Agreement and
to perform the acts required of you hereunder.
Your Privacy
As a condition to using these Services, you agree to the terms of the Spytech
Privacy Policy as it may be updated from time to time. You agree that Spytech
may monitor, edit or disclose your personal information, including the content
of your emails/logs/account data, if required to do so in order to comply with
any valid legal process or governmental request (such as a search warrant,
subpoena, statute, or court order), or as otherwise provided in these Terms of
Use and the Spytech Privacy Policy. Personal information collected by Spytech
may be stored and processed in the United States or any other country in which
Spytech Software and Design, Inc. or its agents maintain facilities. By using
this Service, you consent to any such transfer of information outside of your
country.
Account Inactivity
After a period of inactivity, Spytech reserves the right to disable or terminate
a user's account. If an account has been deactivated for inactivity, the Service
username associated with that account may be given to another user without
notice to you or such other party.
Service Termination
You may cancel your use of the Services and/or terminate this Agreement with or
without cause at any time by providing notice to Spytech at http://www.remotepcspy.com/support/contact.htm.
Spytech may at any time and for any reason terminate the Services, terminate
this Agreement, or suspend or terminate your account. In the event of
termination, your account will be disabled and you may not be granted access to
your account or any files or other content contained in your account.
Indemnification
You agree to hold harmless and indemnify Spytech and its subsidiaries,
affiliates, officers, agents, and employees from and against any third party
claim arising from or in any way related to our use of these Services, including
any liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of every
kind and nature. In such a case, Spytech will provide you with written notice of
such claim, suit or action.
Choice of Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws
of the State of Minnesota without giving effect to its conflict of laws
provisions or your actual state or country of residence. Any claims, legal
proceeding or litigation arising in connection with the Services will be brought
solely in Goodhue County, Minnesota and you consent to the jurisdiction of such
courts.
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