License Agreement

March 09, 2021
1. General Provisions
1.1. This License Agreement sets out the conditions of use of computer software for the "CleanTalk" information service (hereinafter - the Program), and is entered into between any person using the Program (hereinafter - the User), and the "CleanTalk" Incorporation.
1.3. The Program - the software for "CleanTalk" anti-spam computer service, located in the Internet at http://moderate.cleantalk.org, is designed to protect the website of the User from spam. Including other CleanTalk Services: CleanTalk Cloud Security Service, Blacklists API and Blacklists Database, Uptime Monitoring, Email Checker, Malware Scanner.
1.4. The Rate - the section of price list for a license fee, located at http://cleantalk.org/price-anti-spam, determining cost, the amount of functionality of the Program and User's term of using the Program.
1.5. Services - the number of services provided in the license.
2. The subject of the License Agreement
2.1. The subject of this License Agreement is the transfer of non-exclusive rights to use the Program from the Copyright Holder to the User under the terms of a simple (non-exclusive) license, by providing access to the Software on a server of the Copyright Holder.
2.2. All conditions stated below apply to the Program as a whole and to its all components separately.
3. Exclusive rights for the Program
3.1. The Program is the result of intellectual work of the Copyright Holder, and is protected by the copyright legislation of the USA. All exclusive rights to the Software, its copies and accompanying materials, belong to the Copyright Holder.
3.2. The right to use the Program is provided solely on the conditions and to the extent that is specified in this License Agreement.
4. Terms of Use of the Program
4.1. The Copyright Holder under a simple (non-exclusive) license provides the User with the following rights for the Program in accordance with the licensing fee and the Rate (paid last):
4.1.1. The right to have a 24-hour access to the Program, hosted at the server of the Copyright Holder, during the term of validity of the paid Rate.
4.2. The Program license, provided by the Copyright Holder is used only by the User and is not transferable to third parties or publish any data received from CleanTalk Service without prior written consent of the Copyright Holder.
5. The Rights and Obligations of the Parties
5.1. The Copyright Holder has the right to:
5.1.1. In its sole discretion, without the User's approval, make changes in the Program that do not affect its functionality.
5.1.2. Stop the User's access to the Program in case of a breach of the terms of this License Agreement.
5.1.3. Carry out maintenance work on the server and notify the User by posting appropriate information at http://cleantalk.org.
5.1.4. When the User exceeds a limit of 3000 requests (checks for spam registrations, messages, contacts, etc.) per day, the Copyright Holder has the right to switch user for special package, the terms of which the Copyright Holder and the User shall agree, in advance, up to the moment of switching.
5.2. The Copyright Holder is obliged to:
5.2.1. Provide the User with the access to the Program within one (1) working day from the date of the last payment of the respective Rate.
5.2.2. Ensure the 24-hour availability of the server with the Program, except during the scheduled maintenance.
5.2.3. Refrain from any action that could complicate the implementation of the User's right to work with the Program to the extent, specified in this License Agreement.
5.3. The User has the right to:
5.3.1. Have the 24-hour access to the server with the Program of the Copyright Holder, except during the scheduled maintenance.
5.4. The User is obliged to:
5.4.1. Respect the terms of this License Agreement.
6. License fee and the procedure of transferring the rights for the Program
6.1. The User pays the license fee to the Copyright Holder - the Rate for having the right to use the Program to the extent specified at http://cleantalk.org.
6.2. The license fee is paid in full by users once during the entire term of the license; the rate is specified at http://cleantalk.org.
6.3. The license fee is paid in USD via Visa, MasterCard, PayPal. It is based on the invoice that is automatically generated by the website of the Program after the User completes the registration. The payment obligation is considered to be closed at the moment when the funds finish to be transferred to the bank account of the Copyright Holder.
6.4. In case if within five (5) working days from the end of the payment period the Copyright Holder has not received complaints from the User on the amount of granted rights, it is considered that the non-exclusive right to use the Program was provided to the User in full and properly.
6.5. The rights to the Program shall be considered to be transferred to the User at the time of providing the access to the Program in accordance to the paragraph 5.2.1.
6.6. You agree that if all available Services have been used in the current license, then when adding a new Service, CleanTalk will automatically switch the Rate to the next higher performing license, if it is technically possible. Payment for the license upgrade will be debited from your card within 3 days, which is added to the CleanTalk Control Panel.
6.7. Pay as you Go. The Service includes automatically recurring payments for periodic payments ("Payment by Subscription") and you authorize CleanTalk Inc. to periodically charge, in the future and until your account or regular payments are canceled, all accrued amounts on or before the payment date. If your prepaid license has expired, then in order to provide service continuity, your license will be switched to Pay as you Go.
On the Billing Date of your subscription, your account will be automatically debited under all ongoing payments for the next subscription period (for example, monthly billing periods will be billed on the same day of each month). Your subscription will continue until you cancel your subscription or we cancel it. You must cancel your subscription before renewing it to avoid being billed for the next recurring subscription fee for your account. CleanTalk Inc. or its third party payment processor will bill you for the recurring subscription fee using the payment method you specified during registration (or using a different payment method if you changed your payment information). You can cancel your subscription by following these instructions from this link.
7. Responsibility and Dispute Settlement Procedure
7.1. The Program is provided to the User "as is" in accordance with generally accepted international principles. This means that the Copyright Holder is not responsible for any problems in installation, upgrades, support and operation of the Program (including compatibility issues with other software (packages, drivers, etc.)), non-compliance of the User's expectations with real results from working with the Program, etc.). The User should understand that he is solely responsible for any negative results caused by incompatibility or conflict of the Program with other software, installed on the User's computer. The User should understand that he is solely responsible for any negative results caused by incompatibility or conflict of the Program with other software, installed on the User's computer.
7.2. The Copyright Holder is not responsible for impossibility of use of the Program due to conditions, depending on the User.
7.3. The Copyright Holder reserves the right to suspend the operation of the website of the Program to carry out maintenance work at night or on weekends (if possible).
7.4. In case if between the Copyright Holder and the User occurs a dispute related to or arising out of this License Agreement, the parties will take all measures to resolve it by means of negotiations.
7.5. If this dispute between the parties cannot be resolved by means of negotiations, it will be done by the Arbitration Court.
8. Period of Validity of the License Agreement and Procedure of Its Termination
8.1. This License Agreement shall enter into force from the date of acceptance and shall be in effect until the complete fulfillment of obligations by the parties and concerning the transfer of non-exclusive rights for the Program (license) - within the period, established by the Rate.
8.2. This License Agreement is a formal offer, and because of the current legislation of the USA the Copyright Holder has the right for revocation of the offer. In case of withdrawal of this License Agreement by the Copyright Holder during the term of validity, the License Agreement shall be considered terminated from the date of withdrawal. The revocation is carried out by posting information at http://cleantalk.org.
8.3. This License Agreement may be terminated in advance:
8.3.1. By mutual agreement of the User and the Copyright Holder.
8.3.2. Based on the initiative of the Copyright Holder in case of violation of the Terms of this License Agreement by the User without returning any money to the User.
9. Other Conditions
9.1. A license under this License Agreement can be applied to all future updates/new versions of the Program. By agreeing to install the update/new version of the Program, the User accepts the terms of this license for the corresponding updates/new versions of the Program, if the update/new version of the Program is not accompanied by other license agreement.
9.2. The Copyright Holder has the right to unilaterally amend the terms of providing the "CleanTalk" service, placing the information about this at http://cleantalk.org for public access and making changes to this License Agreement. These changes made to this License Agreement shall enter into force on the date of publication, unless otherwise is specified in the relevant publication.
9.3. By registering with the service, you acknowledge that CleanTalk will process the data of visitors to your website, including some personal data and device data from which it was accessed on the website (such as user name, e-mail addresses, device type, IP, language settings, type and browser settings, text messages and other), CleanTalk can also use JavaScript and Cookie tests. These data are necessary for analysis by our servers to identify spam and may be rejected by a test. The collected data will in no way be given to third parties and may be used only to check for spam. We may further use this information to investigate fraud or abuse, which may include conveying this information to competent legal authorities. You agree that you are the controller of the personal data being processed, and that it is your responsibility to duly inform your website visitors, and to obtain appropriate consent from them to allow us to process the personal data as set forth above. It is your responsibility to check whether the message above suffices in your jurisdiction to allow us to process the personal data as set forth above. You are responsible for informing your website visitors about the privacy aspects of our service.
9.4. All matters not covered by this License Agreement shall be settled in accordance with the legislation of the USA state Nevada.

10. Company details of the Copyright Holder

CleanTalk Inc
Address: 711 S Carson street, suite 4, Carson city, NV, 89701
Phone/Fax: +17753011130
EIN: 98-1197400

Privacy Shield Policy

CleanTalk Inc. ("CleanTalk") has adopted this Privacy Shield Policy ("Policy") to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that CleanTalk obtains from Customers located in the European Union.

CleanTalk complies with the US-EU Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Individual Customers in the European Union member countries. CleanTalk has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Privacy Principles, the Privacy Shield Privacy Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit www.privacyshield.gov. The Federal Trade Commission (FTC) has jurisdiction over CleanTalk’s compliance with the Privacy Shield.

Access to personal data

Where appropriate, individuals have reasonable access to their Personal Information and may request corrections, deletions, or additions where the Personal Information is inaccurate or has been processed in violation of the Principles. We may limit or deny access to Personal Information where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Principles. You may request access to your Personal Information by contacting us.
https://cleantalk.org/contact-us
https://cleantalk.org/my/support

When providing our Cloud Services, we only process and disclose the Personal Information as specified in our agreements with customers. Our customer controls how Personal Information is disclosed to us and processed, and how it can be modified. Accordingly, if you want to request access, or to limit use or disclosure of your Personal Information, please contact the company to which you submitted your Personal Information and that uses our Cloud Services. If you contact us with the name or website URL of our customer to which you provided your Personal Information, we will refer your request to that customer and support them in responding to your request.

Individuals has the possibility, under certain conditions, for the individual to invoke binding arbitration.

Choice

When providing our Cloud Services, our customers choose the types of Personal Information we process and the purposes of the processing. Accordingly, our customers are responsible for providing notice to individuals. In the event Personal Information is (i) to be used for a purpose that is materially different from the purposes for which the Personal Information was originally collected or subsequently authorized, or (ii) transferred to a third party acting as a data controller, individuals will be given, where practical and appropriate, an opportunity to opt out of having their Personal Information so used or transferred where it involves non-sensitive information. Where such use or transfer involves sensitive information, individuals must opt-in before such use or transfer.

CleanTalk also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that CleanTalk may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. CleanTalk is liable for appropriate onward transfers of personal data to third parties.

If we intend to disclose Personal Data to a third party acting as a data controller or as an agent we will comply with, and protect, Personal Information as provided in the Accountability for Onward Transfer Principle. When providing our Cloud Services we disclose Personal Information as provided in our agreement with customers.

We remain responsible for the processing of Personal Information received under the Privacy Shield and subsequently transferred to a third party acting as an agent if the agent processes such Personal Information in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.

All CleanTalk employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy.

By using this Website, placing an order with CleanTalk on this Website or through other means, clicking the "Sign up" button, or checking the “I agree with Privacy policy” box, you agree to the CleanTalk Terms and Conditions set forth below, including, without limitation, the Privacy Policy.

Privacy policy

This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.

This policy describes in detail as a service to protect websites from spam “CleanTalk” (the "Service") use any information collected by connecting Your site to the service CleanTalk, or Your visit to the website cleantalk.org (later Site).

To protect Your site from spam module/plugin Service sends to the server the Service the following information - IP, Email, Nickname sender of the message, information about the technology of JavaScript in the browser sender, comment text message sender. This information Service uses to detect spam activity of the sender and stores on the servers is not more than 31 days.

When viewing the Site creates a definite number of cookies, which are small text files that are uploaded to your computer through Your browser and are stored in temporary files. These text files are used for the convenience of Your work with the Site.
Strictly Necessary Cookies. CleanTalk technical cookies are intended for the stable operation of the site and the provision of the full functionality of the site and cannot be rejected. These cookies are not used to collect personal information, marketing information, or target advertising. After registration in the Service, CleanTalk will use some additional cookies about your account and your services.

These types of cookies you can reject:
CleanTalk cookies:
ct_user_timezone - your timezone.
review_email - used for the convenience of commenting on the pages of the site.
sub_email - maybe used on the registration page in rare cases. At the moment it is hardly used.
Google Analytics - uses to evaluate the site usage and estimates of site performance and the usefulness of site pages for users.
Cookies can be used to implement activities to promote the CleanTalk Services, by using AdWords, Facebook features: remarketing, interest categories, similar audience. Other types of interest-based advertising, demographic and geographic targeting.
These cookies are intended to collect information about visitors and possibly show ads about our service in the future.

Your account on the Site will contain your personal password that is entered when logging on to the forum (hereinafter “Your password”) and the personal actual e-mail address (hereinafter “Your e-mail”). Information placed on Your account is protected in accordance with legislation on the protection of computer information country which has granted us hosting services. Any information requested when registering the account, your password, and Your e-mail address is optional and can be requested at the discretion of the administration of the Site. In any case, You can define the list of information which will be available for public viewing. Also, You have the opportunity to refuse messages that are automatically generated and posted to the Site software.

Your password securely encrypted (using a one-way hash). However, we do not recommend You use this password when you register on other sites. Your password is used to access Your account on the Website, so please guard it carefully and under no circumstances provide it to third parties.

CleanTalk GDPR Compliance

This document provides information about the law and our plans for implementing the GDPR’s important principles for CleanTalk’s services.

All clients of the service represent controllers of any personal data that are being transferred to CleanTalk to offer proper functioning service. A Data Controller defines aims and means of personal data processing, while a Data Processor works with data on behalf of Data Controller. CleanTalk as a Data Processor will work with personal data on behalf of its clients in view of offering its service to the clients.

Inform your clients about what data are being collected on your website and who process them. Indicate this information in your rules of your website usage or/and in your confidentiality policy.

CleanTalk Inc. is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Complying with the GDPR

In order to comply with GDPR legislation, Cleantalk uses Standard Contractual Clauses (SCCs). All EU customers must sign Standard Contractual Clauses with CleanTalk. You can download it in your dashboard/profile or from the link https://cleantalk.org/my/profile#scc_agreement
CleanTalk Data Processing Agreement
Then, you must upload the signed contract to your profile.
We also provide the ability to choose a geo location for data storage. Learn how to move your data to the EU servers: https://cleantalk.org/help/storage-location

Example:

“By using this website, your IP address can be stored and processed for security reasons. Your IP address may be saved in the server log files, CMS log files, CleanTalk Anti-Spam & Security log files, Google Analytics, Google Adwords. Our website uses the 3rd parties services such as the CleanTalk Anti-Spam & Security, Google Analytics, Google Adwords. They can store and process your IP address. CleanTalk can use Cookies to manage access to the website by the CleanTalk SpamFireWall Function, to secure and to protect this website from spam.”

You can add, remove or change this text as you wish.

The moment a visitor sends POST request such as comment, registration or contact form submission, the CleanTalk Anti-Spam receives and processes the following personal data if they exist: IP address, e-mail, text and values of each filled form field. Therefore each website form should grant a visitor the ability to give permission to process and keep these data.

Example:

By pressing “Submit” I confirm and give permission to process my personal data.

You can leave the link to the description of who and what data will be stored and processed. Example: When you submit this website form your personal data will be stored in this website such as your IP address, your e-mail, your text of the comment and data of website form fields. Also, for security reasons and to protect this website from spam, your data will be processed in the CleanTalk Cloud Service and they will be stored in log files for 7 days by default (45 days if the extended package is active). On the expiry of the mentioned period, they will be deleted completely. CleanTalk may use information of spam activity of IP/email addresses to offer proper anti-spam protection to all websites connected to its service. It concerns exclusively those IP/email addresses that are being used for spam mailing.

Personal Data Management

At any moment you can delete information of any request via your CleanTalk Dashboard.

You can choose how long the service should keep data: 7 or 45 days or do not keep approved requests at all. https://cleantalk.org/my/profile

You also can exclude any website form fields from sending their data to the CleanTalk Anti-Spam or you can set a list of website pages for CleanTalk to ignore them completely.

CleanTalk GDPR Agreement
CleanTalk Data Processing Agreement

Refund policy

If you are not 100% satisfied with your purchase, within 60 days from the purchase date, we will fully refund the cost of your order.

Limitation of Liability

All data is provided for your personal information only, and not intended for legal purposes. The information contained in this website is for general information purposes only.

To the maximum extent permitted by applicable law, in no event shall СleanTalk, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will CleanTalk be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, CleanTalk assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the service; any bugs, viruses, worms, trojan horses, or the like that may be transmitted to or through our service by any third party; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall CleanTalk, its agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to CleanTalk hereunder for access to and/or use of the service over any six-month period. The essential purpose of this provision is to limit the potential liability of CleanTalk arising out of this agreement. The parties acknowledge that the limitations set forth in this paragraph are integral to the amount of consideration (if any) levied in connection with your use of the services rendered hereunder and that, were CleanTalk to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CleanTalk has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in all applicable jurisdiction(s).

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply only to the extent specifically prohibited by applicable law.

The service is controlled and operated from our facilities in the united states. We make no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable united states and local laws and regulations, including but not limited to export and import regulations. You may not use the service if you are a resident of a country embargoed by the united states, or are a foreign person or entity blocked or denied by the united states government. unless otherwise explicitly stated, all materials found on the service are solely directed to individuals, companies, or other entities located in the united states.

You agree that the Service is based in Nevada; and these Terms are governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Children’s Privacy: Protecting the privacy of young children is especially important to us. Our Service is not directed to persons under 13. CleanTalk does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we will take steps to remove that information and terminate that account. If you believe that we might have any information from or about a child under 13, please contact us support@cleantalk.org.

International Data Transfer: We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you, including personal information, as described in this Privacy Policy.

You may visit our unsubscribe page to manage email communication preferences for your account. With this tool, you can adjust your preferences about how you receive monitoring emails and reports we send as part of the monitoring services we offer.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Copyright

All material on this website is copyrighted by CleanTalk Inc. You understand and agree that CleanTalk Inc. doesn't allow you to manual or automated scan, copy, modify, distribute any data from this website without permission from CleanTalk Inc.

CleanTalk Inc. doesn't allow directly to resell any information from this website or using for commercial purposes.