Privacy & Legal
Trademark Information
The following is a list of eSoft trademarks:
- Bi-modal Scanning
- Distributed Intelligence Architecture
- Email ThreatPak
- eSoft, Inc.
- InstaGate
- InstaRak
- Interceptor
- Simply Better Network Security
- SiteFilter
- SoftPak
- SoftPak Director
- TEAM Internet
- TEAM Page
- ThreatMap
- ThreatPak
- ThreatWall
- ThreatWise ESP
- ThreatWise Technology
- Web ThreatPak
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Patent Information
The following is a list of eSoft patents:
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eSoft Online Privacy Policy
This is the Web site of eSoft, Inc.
Our postal address is:
295 Interlocken Boulevard, Suite 500
Broomfield, CO 80021
We can be reached via email at webmaster@esoft.com, or you can reach
us by telephone at 303-444-1600.
For each visitor to our Web page, our Web server,
where possible, automatically recognizes only the consumer's domain name
(IP address), but not the email address.
Additionally, we collect only information volunteered
by the consumer, such as survey information and/or site registrations.
The information we collect is used by us to contact
consumers for marketing purposes, not shared with other organizations
for commercial purposes.
With respect to cookies: We use cookies to track
information, such as items that consumers add to their shopping cart
and registered users' login information*. We also use cookies to track
return visitors to the site, the information is only saved to keep the
amount of duplicate records in our databases at a minimum.
If you do not want to receive email from us in
the future, please let us know by replying to the sales person that initially
made contact with you.
If you supply us with your postal address on-line
you may receive periodic mailings from us with information on new products
and services or upcoming events. If you do not wish to receive any mailings,
please provide us with your exact name and address. We will remove your
name from our list.
Persons who supply us with their telephone numbers
on-line may receive telephone contact from us with information regarding
new products and services or upcoming events. If you do not wish to receive
such telephone calls, please let us know by sending an email to the sales
person that initially made contact with you. Please provide us with your
name and phone number. We will remove your name from our list.
With respect to Ad Servers: We do not partner
with or have special relationships with any ad server companies.
From time to time, we may use customer information
for new, unanticipated uses not previously disclosed in our privacy notice.
If our information practices change at some time in the future, we will
post the policy changes to our Web site to notify you of these changes
and provide you with the ability to opt out of these new uses. If you
are concerned about how your information is used, you should check back
at our Web site periodically. Customers may prevent their information
from being used for purposes other than those for which it was originally
collected by sending an email to the above address.
Upon request we provide site visitors with access
to unique identifier information (e.g., customer number or password*),
transaction information (e.g., dates on which customers made purchases,
amounts and types of purchases*), and contact information (e.g., name,
address, phone number) that we maintain about them. Consumers can access
this information by sending us email at the above address.
Upon request, we offer visitors the ability to
have inaccuracies corrected in their contact information*. Consumers
can have this information corrected by sending us email at the above
address, calling us at the above telephone number.
With respect to security: We always use industry-standard
encryption technologies when transferring and receiving private consumer
data exchanged with our site. We have appropriate security measures in
place in our physical facilities to protect against the loss, misuse,
or alteration of information that we have collected from you at our site.
When an organization posts a privacy statement
on their web site, they are making a commitment to visitors' privacy.
Of course, eSoft, Inc. makes every effort to live up to its stated commitment
to privacy. However, if you feel that this site is not following its
stated information policy, you may contact us at the above addresses
or phone number.
* This feature applies only to eSoft's Reseller Site and online shopping
areas
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Terms of Use
The following "Terms of Use" governs
the terms and conditions that apply to all visitors or users ("You")
of eSoft's Web site ("Site"). By accessing or using this web
site now or in the future, You acknowledge acceptance of and agree to
abide and be bound by the terms and conditions set forth below. eSoft
and its successors and assigns shall have the right to seek all remedies
available to it at law and in equity in the event You violate any of
these terms and conditions.
eSoft reserves the
right to change the Terms of Use from time to time in its sole discretion
by posting the amended Terms of Use on this Site, which terms shall
be effective immediately upon posting. The Terms of Use may not otherwise
be amended except in a writing signed by You and eSoft.
LIMITED LICENSE
The materials, information, illustrations, and general content on this
Site ("Content") are protected by copyright, trademark
and other intellectual property laws. You may not modify, distribute,
publish, transmit or create derivative works of the Content for any
public or commercial purpose. Except as expressly permitted herein,
no portion of the Content may be reproduced in any form or by any
means by You without the prior express written permission of an authorized
eSoft representative. eSoft hereby authorizes You to view, download,
print and copy Content available on this Site subject to the following
conditions:
You may use the Content solely for legal, personal,
non-commercial, internal, informational purposes;
You may not distribute the Content to third parties;
You may not modify or alter the Content in any way;
All copyright and other proprietary notices contained in or pertaining
to the Content must be retained on every reproduction of the Content
and may not be removed or obstructed in any manner; and
eSoft reserves the right, in its sole discretion, to revoke Your authorization
to view, download, print or copy the Content at any time, and any such
use shall be discontinued immediately and You shall destroy all reproductions
upon receipt of written notice of revocation from eSoft.
Except as expressly specified above, nothing contained herein shall be
construed as conferring on You, or anyone else, by implication, estoppel,
or otherwise, any title, license or other rights to the Content. Any
work or works that you create based in whole or in part on the Content,
whether deemed derivative or otherwise, shall be the sole property of
eSoft.
The rights set forth above to view, download,
print and copy the Content are not applicable to the design or layout
of this Site, which is protected by trade dress and other laws and which
may not be copied in whole or in part.
TRADEMARKS
The trademarks, service marks and logos ("Marks") displayed
on this Site are the property of eSoft or other third parties. You are
not permitted to display or use the Marks in any manner whatsoever without
the prior written consent of eSoft or such third party which may own
or have other rights to the Marks. Proper usage guidelines for the Marks
may be linked to from time to time on the eSoft home page. If usage
guidelines are available, you must strictly adhere to them.
LEGAL COMPLIANCE
Access to and use of this Site is governed by all applicable federal,
state and local laws. The information available on the Site is subject
to U.S. export control laws and may also be subject to the laws of
the country where you reside or from which you access the Site. While
accessing and using this Site, You agree to comply with all laws
governing online conduct, including, but not limited to, all applicable
laws regarding the transmission and receipt of technical data to
and from the United States and the country in which you reside or
the country from which you access the Site.
DISCLAIMER AND LIMITATION OF LIABILITY
Although eSoft attempts to provide accurate information on this Site,
eSoft assumes no responsibility for the accuracy of the information.
This Site could include technical or other mistakes, inaccuracies or
typographical errors. eSoft may make changes to the materials and services
included in the Content, including the prices and descriptions of any
products or services listed herein, at any time without notice, and
none of the information on this Site regarding eSoft's products and
services shall be binding on eSoft. Reference to or mention of any non-eSoft
products or services is for information purposes only and does not constitute
either an endorsement or a recommendation of such products or services
or their source.
ALL INFORMATION ON THIS SITE IS PROVIDED "AS
IS" WITH ALL FAULTS. eSoft AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING,
USAGE OR TRADE PRACTICE.
eSoft AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR ANY
eSoft PRODUCT, OR DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE
CONTENT ON THIS SITE, EVEN IF eSoft OR ITS SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
eSoft ASSUMES NO RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES
THAT ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER ENTITIES,
THEIR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE USE OF THIS SITE OR THE DOWNLOADING
OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM eSoft OR THROUGH OR FROM THIS SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
This Site may contain links to third-party Web
sites that are not under eSoft's control. eSoft makes no representations
whatsoever about any other Web site You may access through this Site,
and you do so at your own risk and eSoft is not responsible for the accuracy
or reliability of any information, data, opinions, advice, or statements
made on any other site or for the quality of any products or services
available on or through such sites.
This Site may be accessed
from countries other than the United States and may contain reference
to eSoft products, services and programs that may not be available
in those countries. These references do not imply that eSoft intends
to introduce or provide such products, services or programs to the
citizens or inhabitants of other countries.
DISCLOSURE/FORWARD-LOOKING STATEMENTS
Some of the information on this Site may now, or in the future, include
projections, predictions or other forward-looking statements regarding
future events, products, services, or the future financial performance
of eSoft. Such forward-looking statements are based upon, or will be
based upon, eSoft's judgment with respect to future events and are subject
to a number of uncertainties and risks that could cause actual results
or circumstances to differ materially from those expressed. For more
information, please refer to the documents eSoft files from time to
time with the Securities and Exchange Commission, specifically eSoft's
most recent Form 10-K and Form 10-Q, which contain information and identify
important factors that could cause the actual results to differ materially
from eSoft's projections or forward-looking statements
INDEMNITY
You agree to indemnify, defend and hold eSoft and its subsidiaries, affiliates,
officers, agents, co-branders and other partners and employees harmless
from any claim or demand made by any third party due to or arising
out of Your use of the Site, Your connection to the Site, Your violation
of the Terms of Use, or Your violation of any rights of another person
or entity.
GOVERNING LAW AND JURISDICTION
Any claim arising under or relating to Your use of or access to this
Site will be governed by the internal substantive laws of the State
of Colorado or federal court located in Colorado, without regard
to principles of conflict of laws. You agree to jurisdiction and
venue in the courts located in Denver, Colorado for all disputes
and litigation arising under or relating to Your use of or access
to this Site.
GENERAL
All rights and remedies, whether conferred hereunder or by any other
instrument or law, will be cumulative and may be exercised singularly
or concurrently. The terms and conditions stated herein are declared
to be severable. If any provision or provisions of these Terms of
Use will be held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions will not
in any way be affected or impaired thereby. These Terms of Use constitute
the entire agreement between You and eSoft with respect to the subject
matter hereof. Neither You nor eSoft shall be bound by any conditions,
definitions, warranties, understandings, or representations with
respect to the subject matter hereof other than as expressly provided
herein. The section headings contained in the Terms of Use are for
reference purposes only and shall not affect in any way the meaning
or interpretation of the Terms of Use. No oral explanation or oral
information by either party hereto shall alter the meaning or interpretation
of the Terms of Use. No modification or amendment to this Agreement,
nor any waiver of any rights, will be effective unless assented to
in writing by both eSoft and You, and the waiver of any breach or
default will not constitute a waiver of any other right hereunder
or any subsequent breach or default.
CONTACT
If you have any questions or comments regarding the Terms of Use, please
contact: eSoft, Inc. (303) 444-1600
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