Home | About | Get Started | Account Manager | Pricing | Eligibility Standards | Terms of Service | Links
Home | About
| Get Started
| Account Manager | Pricing
| Eligibility Standards | Terms of Service | Links
PrivacyBot Terms of Service
This Agreement is between You and Invisible Hand Software, LLC ("IHS"), the site operator of PrivacyBot.com. It governs your use of this System, including the Privacy Policy Drafting System, the PrivacyBot Trustmark Registry and any content or services you may obtain from us. It also governs the PrivacyBot Mediation Service and the Document Review Service, should you participate in such activities. Please review this Agreement to your satisfaction. We are not willing to proceed unless this Agreement is acceptable to You.
II. Privacy Policy Drafting System.
The Privacy Policy Drafting System automates drafting Internet Privacy Policies for web sites. Use of the System is governed by the following terms, which are designed to facilitate the normal process of drafting, revising and posting an Internet Privacy Policy, but to preclude activity that would tend to erode the market for PrivacyBot:
We reserve all rights not specifically granted to you. This means permission to use the System and any documents or other content generated by it will be narrowly interpreted by a court in our favor. If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we would be irreparably injured and may obtain a court order to enjoin you from further mischief.
III. PrivacyBot Trustmark Registry.
When you use the PrivacyBot Policy Drafting System to create a Privacy Policy, your web site is automatically pre-registered with the PrivacyBot Trustmark Registry. Registered sites may display the PrivacyBot Trustmark on their site during the Term of their registration. Registered sites must continue to meet our Eligibility Standards and comply with these Terms of Service. Web sites may cancel their registration at any time (access-- Account Manager-- and "Manage My Registered Web Sites"). If a Site is terminated by PrivacyBot, it may not reapply for six months.
Submitting Revised or Custom-Drafted Privacy Policies. The PrivacyBot Registry provides web site visitors a branded privacy trustmark seal demonstrating the site's commitment to good privacy practices.
Change in Law or Privacy Principles. Internet privacy principles, laws and regulations are still evolving. We anticipate that PrivacyBot and the Eligibility Standards for the Registry will be updated over time. Policies originally registered may need to be updated to comply with the latest Eligibility Standards or changes in the law. We reserve the right to revise our Eligibility Standards and to require re-registration. We will provide member sites a reasonable grace period to comply. Access the "Account Manager" and "Manage My Registered Web Sites" to update your existing PrivacyBot Policy (a small fee may apply).
Use of the PrivacyBot Trustmark. When you order a Privacy Policy, your Site will be pre-registered to display the PrivacyBot Trustmark (it will be emailed to you in the Welcome Kit). If you choose to participate in the PrivacyBot Registry, you must post the Trustmark in a prominent location on your Site (e.g., at the Site's home page and, if feasible, where visitor data is collected). During the Term, you are granted the nonexclusive, worldwide right and license to use, reproduce and publicly display the Trustmark on the single Internet site registered with PrivacyBot. Sites must bring their privacy practices into actual compliance with the Eligibility Standards and their own Privacy Policy before posting the PrivacyBot Trustmark on the site.
The Trustmark must be configured according to our instructions so that visitors clicking it will be displayed the Site's Registry Statement fetched from the PrivacyBot server. It is important for the Registry Statement to display fresh data. This means you should not cache or reproduce Registry Statements or fashion "dummy" Registry Statements. We may use automated web-bots to identify Sites violating these restrictions. Such cases will be treated as an infringement of the PrivacyBot trademark and will be terminated from the Trustmark Registry.
The Trustmark must be displayed in the form provided and may not be altered or merged with other marks. If PrivacyBot issues a new version of the Trustmark, you will replace the old mark with the new one as soon as practicable. For example, we may issue a version of the Trustmark with a "counter" that allows PrivacyBot to consider the site's traffic volume in assessing its compliance history. If your PrivacyBot registration is suspended or terminated, you will promptly remove the Trustmark and cease using it. If you fail to remove or otherwise infringe the Trustmark, you agree injunctive relief would be an appropriate remedy without necessity of posting bond and you agree to pay our enforcement costs (including reasonable legal fees for in-house and outside counsel).
In order to minimize PrivacyBot membership fees and help augment our revenue model, we may place small advertisements on Registry Statements. For example, we may advertise our affiliated legal site, QuickForm Contracts. These advertisements, if any, will be kept separate and distinct from your company or site name.
PrivacyBot's Trustmark Registry provides a nonintrusive first-level mechanism to assess your compliance with our Eligibility Standards. In addition to this first-level mechanism, PrivacyBot may perform "data seeding" exercises to assess compliance on both a random and targeted basis. If your Site demonstrates a pattern or practice of unresolved privacy Complaints, or if manual assessments reveal a problem, you will be requested to provide additional assurances of your compliance. For example, you may be asked to execute an Affidavit of Compliance or undergo an independent manual audit at your own expense as a condition of membership. PrivacyBot may suspend or terminate your Site for noncompliance. You may terminate your membership if you no longer wish to participate. In some cases, PrivacyBot may refer cases to the FTC for further inquiry.
Good Standing. If you apply for the PrivacyBot Registry, you represent to the best of your knowledge and belief that the you have not been notified by any government agency that your registered site's privacy practices are under formal investigation and that no privacy-related legal action by any government is pending against you with respect to that site. If such formal investigation or legal proceedings are later initiated against you and are not resolved within 180 days, you will remove the Trustmark and any mention of PrivacyBot from your site until the matter is resolved.
Safe Harbor Seal Program Application Status. The Children's Online Privacy Protection Act (15 USC 6501) permits privacy seal programs to apply for "safe harbor" status with the Federal Trade Commission. Child-oriented sites joining an FTC-approved safe harbor seal program enjoy certain legal protection against FTC enforcement actions if the children's site fully complies with seal program guidelines. PrivacyBot does not currently intend to apply for safe harbor status with the FTC.
IV. PrivacyBot Online Mediation Service.
PrivacyBot's online Mediation Service gives Users a way to resolve privacy complaints against PrivacyBot Trustmark sites without resorting to formal complaints or legal action. PrivacyBot is a neutral third party and does not decide cases. Mediation is voluntary and nonbinding. Web sites joining the PrivacyBot Registry agree to receive Complaints transmitted from the PrivacyBot Mediation Service and to attempt in good faith to resolve the dispute. PrivacyBot reports the filing of Complaints and certain unfavorable outcomes in the public Registry Statement for the site. Mediation is governed by the PrivacyBot Mediation Rules.
The Mediation Reporting system provides a first-level automated mechanism for assessing compliance with our Eligibility Standards. Sites demonstrating a pattern or practice of noncompliance will be identified for closer assessment. These assessments may include "data seeding" exercises and manual audits of actual practices.
THIS SYSTEM AND ALL INFORMATION, PRODUCTS, DOCUMENTS AND SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. THIS IS A BUSINESS SYSTEM AND IS NOT FOR PERSONAL, HOUSEHOLD OR FAMILY USE.
ANY EFFORT BY PRIVACYBOT TO ACHIEVE "SAFE HARBOR" STATUS UNDER THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OR FUTURE PRIVACY LAWS WILL BE MADE IN GOOD FAITH, BUT WITHOUT WARRANTY OF OUTCOME. EVEN IF PRIVACYBOT APPLIES FOR AND IS GRANTED SAFE HARBOR STATUS, PRIVACYBOT MAKES NO WARRANTY THAT IT WILL CONTINUE TO QUALIFY FOR SUCH STATUS OR THAT YOUR COMPLIANCE WITH OUR ELIGIBILITY STANDARDS AND MEMBERSHIP IN THE PRIVACYBOT REGISTRY WILL SHIELD YOU FROM LEGAL LIABILITY.
Have All Documents Reviewed by Counsel.
PRIVACYBOT DOES NOT DISPENSE PROFESSIONAL SKILL OR JUDGMENT, IS NOT A "CYBERLAWYER" PROVIDING LEGAL ADVICE AND DOES NOT REPLACE YOUR ATTORNEY. ANY REVIEW SERVICES ARE SOLELY TO DETERMINE WHETHER NONSTANDARD POLICIES ARE ACCEPTABLE TO PRIVACYBOT. NEITHER PRIVACYBOT NOR OUR REVIEW SERVICES ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP OR RENDER LEGAL SERVICES TO YOU.
ALL INFORMATION AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED, AND ALL DOCUMENTS SHOULD BE REVIEWED BY YOUR OWN ATTORNEY (INDEPENDENTLY OF PRIVACYBOT AND ITS PERSONNEL). ONGOING REVIEW IS IMPORTANT SINCE PRIVACY LAWS ARE STILL EVOLVING.
INDEPENDENT LEGAL REVIEW IS ALSO IMPORTANT IF YOU ARE IN AN INDUSTRY GOVERNED BY SPECIFIC PRIVACY REGULATION (e.g., CREDIT REPORTING, BANKING, INSURANCE, VIDEO RENTAL, TELCOM, HEALTH SERVICES, ETC.)
Given our current prices and your responsibility to have Documents and communications reviewed by counsel, we do not assume any liability under any circumstances. WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT OR ATTORNEY FEES) AND WHETHER ARISING IN CONTRACT, TORT, CIVIL, CRIMINAL OR OTHER PROCEEDINGS. THIS IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE PRICE, CONVENIENCE OF THE SYSTEM AND THE AGREEMENT AS A WHOLE.
YOU ARE RESPONSIBLE FOR YOUR OWN SITE AND WILL DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIM ARISING FROM YOUR PRIVACY POLICY, YOUR INFORMATION PRIVACY PRACTICES OR ANY OTHER ASPECT OF YOUR SITE. YOU HAVE THE RIGHT TO CONTROL THE DEFENSE OR SETTLEMENT OF ANY SUCH CLAIMS.
THE DISCLAIMERS, LIMITATIONS, INDEMNITIES AND PROTECTIONS CONTAINED IN THIS AGREEMENT PROTECT PRIVACYBOT, INVISIBLE HAND SOFTWARE, LLC (IHS), ITS OFFICERS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, PUBLISHERS AND PROMOTERS.
You agree that if PrivacyBot breaches this Agreement or the Mediation Rules, your sole and exclusive remedy will be to terminate your relationship with PrivacyBot. This applies regardless of whether the remedy fails of its essential purpose.
We Operate Solely in Fairfax County, Virginia (USA).
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 System operates solely in Fairfax County, Virginia (USA). You are using the Internet as your own agent to access and use our site from the local Internet point of presence (POP) here in Fairfax, Virginia and you are using the Internet as your agent to take delivery of any Documents, information or services in Fairfax County, Virginia. This means all operations, services, deliveries, performance and contacts of our business occur solely in Fairfax County, Virginia.
PrivacyBot is the exclusive joint property of John A. Newman, Esq. and Thomas R. Mielke. This property includes the PrivacyBot Drafting System, PrivacyBot Registry, PrivacyBot Mediation Service, PrivacyBot Trustmark, Privacy Policies and other documents generated by the System, revisions to those documents provided by PrivacyBot personnel and other content, services or information obtained from the System. Copyright 1999-2004 John A. Newman, Esq. and Thomas R. Mielke. All Rights Reserved. PrivacyBot is a service mark of John A. Newman, Esq. and Thomas Mielke. Any licenses granted to you are nonexclusive, revocable, nontransferable, subject to payment of applicable published fees and other terms of this Agreement. If you 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 your from further mischief.
Our Privacy Policy for PrivacyBot.com is posted at the Main Menu. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms.
Termination of this Agreement.
Your license to access and operate this System is granted and terminated according to this Agreement each time you access, operate and leave the System. Your license to use Privacy Policies generated by the System arises when you pay for and obtain the Document. Your license to modify, use, post and publicly display PrivacyBot Policies will continue for so long as this Agreement and our intellectual property rights are not violated. If your Site belongs to the PrivacyBot Registry, your right to display the PrivacyBot Trustmark will continue until terminated by either party. Either party may terminate PrivacyBot registration 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 System upon reasonable advance notice. Protections afforded to us by this Agreement will survive termination. Upon suspension or termination from the PrivacyBot Registry, you will promptly cause the Trustmark to be removed from your site and cease all further use of it. If your license to use the Privacy Policy terminates, you will remove the Policy from your site and destroy all copies of it in your possession or control.
Resolution of Disputes Against Us.
Our business operates solely in Fairfax County, Virginia (USA), Virginia law governs this Agreement and Federal courts can hear cases involving copyright or other issues between us. Since we make no warranties and assume no 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 within one year after the claim arises solely and exclusively in a court located in Fairfax County, Virginia, or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win, 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 agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail). You irrevocably agree to bring any legal proceeding on an individual basis and not to consolidate the claim with claims by anyone else.
The transport of technology 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 or technology derived from (or via links through) this System 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 nationals 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.
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 Invisible Hand Software, LLC, 3847 Whitman Road, Annandale, Virginia 22003.
There are no third party beneficiaries of this Agreement. Nothing in this Agreement enlarges, diminishes or otherwise affects your rights or obligations (if any) or the rights or obligations of any third party (if any) with respect to your Site or your privacy practices. Neither PrivacyBot, IHS, nor its officers, owners, agents and employees, are parties to any agreement, relationship, right or expectations between you and any third party. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise.
Right to Rely on Instructions.
PrivacyBot may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets PrivacyBot's automated criteria or which is believed by PrivacyBot personnel to be genuine. PrivacyBot may assume a person entering a user email address and associated password is, in fact, that user or is authorized by that user to act on its behalf. PrivacyBot may assume the latest email addresses on file with PrivacyBot are accurate and current. When programmed to do so, it may take prescribed actions in the absence of receiving proper and complete contrary instructions.
This document reflects our entire and exclusive agreement and supersedes all communications. Provision of services is subject to payment of applicable published fees. All fees are nonrefundable. We reserve the right to change prices, services, marks or this Agreement at any time by posting a new version on this site. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between us. This document and your "clickwrap" acceptance entered in electronic form, or a hardcopy duplicate in good form, shall be considered an original document with authenticated signature entered into and performed in Fairfax County, Virginia and admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign or transfer this Agreement to any company acquiring our assets or ownership interests. Any provision found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and it, with all other provisions, shall be given full force and effect. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions.
(end of document)
