Terms & Conditions

Terms & Conditions

1.  Acceptance of Terms

Deadswitch, its officers, directors, agents, employees, volunteer staff, and other designees (collectively "Us", "We", "Our") provides its service to a single human user ("You", "Your"), subject to the following Terms & Conditions ("T&C"). This document and its appendices, additions, and supporting documents represent the entire End User License Agreement ("EULA") for use of the Service (defined in the next section). This EULA, its terms and conditions, supporting documents, and other regulatory policies are subject to revision at any time, with or without notice. It is the responsibility of the user to be aware of, and in compliance, with the EULA and T&C at all times. We may, at our option, announce significant changes to this agreement. By continuing with any subscription order, you explicitly agree to the T&C in this EULA and further agree to be bound by it.

2.  Description of Service

We provide You with access to a communication and data storage tool in the form of a web service, in which customers may supply data to their chosen recipients (the "Service"). You understand and agree that the Service includes the web service, its design, layout, images, graphics, program code. You also understand and agree that the Service may include certain communications from Us, such as service announcements, administrative messages, and that these communications are considered part of your service agreement and you will not be able to opt out of receiving them (including password changes, personal investigation emails, and periodic service reminders).

3.  Terms of BETA / Right to Alter

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Deadswitch features, shall be subject to this EULA and these T&C. You understand and agree that the Service is provided "AS-IS", and that Deadswitch assumes no responsibility for the timeliness, deletion, alteration, misdelivery, or suitability of any part of the Service for any purpose.

4.  ISP (Internet Service Provider)

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of sensitive data. In addition, you must provide and are responsible for all equipment necessary to access the Service.

5.  User Account, Password and Security

You will receive a password and account designation upon completing the Service's subscription order process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Deadswitch of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Deadswitch cannot and will not be held liable for any loss or damage arising from your failure to comply with this.

6.  User Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Deadswitch, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Deadswitch does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful; racially, ethnically or otherwise objectionable; copyrighted, trademarked, or patented without permission or license. This also includes any material or actions that deliberately makes, or attempts to make, less of the overall integrity and/or quality of the Service as a whole.
  2. Harm minors in any way.
  3. Impersonate any Deadswitch employees, including, but not limited to, administrators and volunteers; or falsely state or otherwise misrepresent your affiliation with such individuals.
  4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  5. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment;
  6. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  7. "Stalk" or otherwise harass another; or
  8. Collect or store personal data about other Deadswitch customers.

7.  Special Admonitions for International Use

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

8.  Indemnity

You agree to indemnify and hold Deadswitch, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the T&C, or your violation of any rights of another.

9.  Modifications to Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

10.  Termination

You agree that We may, under certain circumstances and without prior notice, immediately terminate your Deadswitch account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the T&C or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies pursuant of the appropriate court order(s), (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Further, you agree that all terminations for cause shall be made at the sole discretion of Deadswitch and that Deadswitch shall not be liable to you or any third-party for any termination of your account, any associated UID, or access to the Service.

11.  Deadswitch Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Service or advertisers. Except as expressly authorised by Us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

We grant you a personal non-transferable non-exclusive right and license to use the object code of its Software as a web service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Deadswitch for use in accessing the Service.

Last updated on 15th May 2018.