Defensio: Outsmarting Evil Spam

The Defensio.com website (“Website”) is a hosted anti-spam web service (“Service”) operated by Karabunga Inc. (“Karabunga”). Any use of the Website and Service is subject to the following Defensio Terms and Conditions of Use (“Terms and Conditions”), as well as to the Defensio Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. When you use your Defensio API Key (“API Key”), download any of the associated Defensio Plug-ins (“Plugin”), or access any part of the Website or use the Service, you agree that you have read, understood, and agree to be bound by the these Terms and Conditions concerning your use of: (a) the Website and Service; (b) your API Key; and (c) the Plugin.

1. General. To obtain an API Key, and to download a Plugin to use our Service, you must first create an account (“register”) using the Website. After obtaining an API Key, you will be able to use the Service. Karabunga may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will Karabunga be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 14.

2. Registration. By registering with Karabunga, you represent and warrant that the information you provide to Karabunga in connection with any registration process is true and accurate, and that you will promptly notify Karabunga if any of that information changes. Karabunga may use the information that you provide during the registration process, in particular your email address: (a) to communicate with you about the Website and Service, including without limitation, any changes to Karabunga’s Privacy Policy or other policies; (b) respond to your emails to us regarding spam; and (c) for all other purposes stated in Karabunga’s Privacy Policy. Karabunga reserves the right to terminate your access to and use of all of the Karabunga websites if you provide false or inaccurate information.

   If you obtain an API Key, you are responsible for maintaining the security of your API Key, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your API Key. You must immediately notify Karabunga of any unauthorized uses of your API Key, your account or any other breaches of security. Karabunga will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

3. Use of the Service. You recognize that your API Key may not be used in such a way as to cause undue load or stress on Karabunga’s Defensio service. Normal use of the service will be considered to constitute protection of a single, legitimate blog per API Key with total comment traffic sufficiently moderate that will enabling its protection will not disrupt use of the service for other users. Your API Key must only be used for blog comment spam traffic – use for any other applications (e.g. email, wiki, social software, etc) must first be authorized by Karabunga Inc. Should abnormal, unauthorized or abusive use be detected, Karabunga reserves at its sole discretion the right to suspend or terminate your account.

4. Responsibility of Website Visitors. Karabunga has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Karabunga does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Karabunga disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website (for example software linked to from the Downloads section of the site). Karabunga does not have any control over those non-Defensio websites and webpages, and is not responsible for their contents or their use. By linking to a non-Defensio website or webpage, Karabunga does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Karabunga disclaims any responsibility for any harm resulting from your use of non-Defensio websites and webpages.

6. Copyright Infringement and DMCA Policy. As Karabunga asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Karabunga in accordance with Karabunga’s Digital Millennium Copyright Act ("DMCA") Policy. Karabunga will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Karabunga or others, Karabunga may, in its discretion, terminate or deny access to and use of the Website or Service. In the case of such termination, Karabunga will have no obligation to provide a refund of any amounts previously paid to Karabunga.

7. Trademarks. Karabunga, Defensio, Defensio.com, the Defensio.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Karabunga or Karabunga’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Karabunga or third-party trademarks.

8. Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of Karabunga and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

9. Communications with Karabunga. All notices and other communications to Karabunga required under this Agreement should be directed to the Karabunga contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing.

10. Limitation of warranties of Karabunga, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and Karabunga, its supplies and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Karabunga makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in identifying spam or non-spam. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Karabunga, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

11. Limitation of liability of Karabunga, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Karabunga, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Karabunga, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Karabunga, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Karabunga during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 11 represents a reasonable allocation of risk.

12. General Representation and Warranty. You represent and warrant that your use of the Website and Service will be in accordance with the Karabunga Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.

13. Indemnification. You agree to defend, indemnify and hold harmless Karabunga, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

14. Termination. Karabunga may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this Website and to use your API Key. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to Karabunga.

15. Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.

16. Miscellaneous. These Terms and Conditions constitute the entire agreement between Karabunga and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Karabunga, or by the posting by Karabunga of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in ___, Delaware. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Karabunga may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.