Service agreement for paid subscriptions

When you use the Mollom webservice ("Service"), you are bound by this Agreement between you and us (Mollom BVBA, hereafter called "Mollom").

Please note that this Agreement only concerns the Mollom web service. The use of the Mollom.com website – such as the corporate & service information sections – is subject to separate terms and conditions. Similarly, the software you can download from mollom.com (including the access modules for the Service), whether developed by us or by third parties, is also subject to separate licenses.

Registration – You must first create an account ("register") on the Mollom.com website in order to receive a username and password. You warrant that the information you provide in your account is true and accurate, and that you will promptly update your account in case of changes.

Access keys – Through your account on the mollom.com website, you can create an access key pair for each website you wish to use the Service for. The public key of this key pair will need to be communicated to our servers when using the Service. You accept that you will not use the same key pair for more than one website.

Security – You are responsible for maintaining the security of your username, password and access keys, and you are fully responsible for all activities that occur under your account. You must immediately notify Mollom of any unauthorized uses of your account, access keys or any other breaches of security.

Your use of the Service – You will use the Service in a responsible way, in accordance with our usage guidelines. You should regularly check the documentation, as we will change it from to time. You recognize that the Service cannot be used in such a way as to cause undue load or stress on Mollom’s servers. Should abnormal use, abusive use or any other use be detected that is not in line with our usage guidelines, Mollom at its sole discretion reserves the right to suspend or terminate your account.

Use of the service in your products or services – You can use the Service free of charge on any website. However, you are not allowed to integrate the Service in products or services you resell or relicense to other parties. You should instead obtain a special license of the Service.

Availability – Mollom may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, at any time and without notice to you. You can terminate this Agreement if you do not agree with such changes, modifications, improvements or discontinued aspects of the Service, although we will not reimburse any license fees paid. You are responsible for the resilience of your system(s) and website(s) when the Service is unavailable, and you will be responsible for creating workarounds in such case.

Although we will try to duly warn you in time, you accept that we can update the Service at any time, and that we can change its specifications (including the Service API) and mode of operation, which may require you to update your own software and configuration from time to time.

Payment – The Service will be provided after you have paid the license fees for the period chosen by you (the "license period"), as set out in our price list. You acknowledge and agree that if you do not renew your subscription by paying the applicable license fee before the expiry of the license period, you will not be able to continue using the Service. The price list can be adjusted at any time by Mollom, although we will not require you to pay additional fees for a license period you already paid for.

Your personal data – When you create an account to use the Service, we will process the following personal data about you: your name, company name, contact details, VAT number and e-mail address. For each access key pair that you create, we also process the domain of the website specified by you.

We will use this information for general customer management, to provide you with the Service, to optimize our products and services and to communicate with you – by e-mail or regular post – about the Service or about our other products and services (unless you have indicated in your online account that you no longer wish to receive such communications). We may further use this information to investigate fraud or abuse, which may include conveying this information to competent legal authorities. Occasionally, we may also use this information to generate statistical information about our customers, and provide these statistics to third parties.

You have the right to gain access to and correct your personal data. You can exercise this right, free of charge, by consulting your online account.

Personal data regarding your website visitors – You acknowledge that the Service entails the processing of personal data (such as a website visitor's name or nickname, IP address, membership ID, OpenID, website URL and e-mail address), whereby the website visitors' messages will be analyzed by our servers and/or moderators, stored on our servers, compared with other messages, and possibly rejected on the basis of this assessment. Your website visitors' personal data submitted to us will also be used by us to optimize the performance of the Service and to provide the Service to other websites, as further explained in our Web Service Privacy Policy. 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.

As a guideline, you will at least publish a message that informs visitors that "by posting a message, you accept that your message and other personal details about you will be analyzed and stored for anti-spam and quality monitoring purposes, in accordance with Mollom's privacy policy", accompanied by a link to either our Web Service Privacy Policy or your own privacy policy (provided your privacy policy duly informs your website visitors about the privacy aspects of the Service). 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.

Documentation and API – You receive a non-exclusive, royalty-free license to use the Service through its publicly available API and to consult the accompanying API documentation for the purposes of understanding, connecting to and using the Service. For the avoidance of doubt: the documentation and Service API are "read-only", and cannot be modified or used by you for purposes other than the mere use of the Service.

Risk allocation – Mollom's contractual and extra-contractual liability is limited to the aggregate amount of the payments effectuated made by you to Mollom in the twelve (12) months preceding the incident that gave rise to the liability. Mollom will in any case not be liable for any indirect or consequential damage, such as (but not limited to) loss of profits, loss of anticipated savings, loss of business, loss of opportunity, loss of revenue, loss of time, loss of goodwill or injury to reputation, or loss of or harm to data (including corruption to and reinstatement of any data), third party claims or losses suffered by third parties due to the use (or inability to use) the Service. These limitations of liability do not apply in case of fraud, wilful intent or (in case you are a consumer) gross negligence.

Warranty – Mollom warrants that the Service will perform substantially in accordance with its documentation, and Mollom will use all reasonable endeavors to fix errors. Your exclusive remedy for damage or loss arising from breach of this warranty shall be, at Mollom's option and at no cost to you, to either replace the Service, or to provide a workaround, in order to address the error in a manner that provides you with reasonably equivalent functionality as provided in the documentation. If none of these options are commercially practicable, Mollom shall refund the license fee paid for the then current license period.

You particularly acknowledge and accept that, considering the nature of the Service, Mollom cannot guarantee any accuracy on its assessment of the quality of the content screened, or of whether a certain message should be considered spam.

Mollom's warranty does not cover any intervention resulting from any reason not assignable to the Service such as, but not limited to: (i) defects resulting from erroneous, improper, unsupported and any other use not in accordance with our usage guidelines and, particularly, with our Service API; (ii) defects resulting from your fault or any third party fault; (iii) interventions resulting from an accident, fire, natural physical disaster, hardware failure and in general any reason not associated with the Service; (iv) defects resulting from the interfacing with other software or (web) services; (v) recovery of lost or corrupted data. Mollom also makes 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.

You represent and warrant that your use of the Service will be in accordance with this Agreement, as well as any applicable laws and regulations (in particular, but not limited to, Belgian and European data protection legislation, when applicable).

Service Level Agreement – The Service delivery is subject to our Standard Service Level Agreement for paid subscriptions, which grants you additional free days of Service delivery ("Credits") in case of Service unavailability above a certain threshold. You accept that, unless in cause of fraud or willful intent, these Credits constitute your sole remedy for any contractual or extra-contractual damage incurred due to the unavailability of the Service.

Account inactivity - After a period of inactivity of 90 days, Mollom reserves the right to disable or terminate a site's key pair and/or the user's account.

Termination – Without prejudice to the other rights accorded to it by law, Mollom reserves the right to immediately terminate or suspend this Agreement without intervention of a judge: (i) if you provide false or inaccurate information during the registration procedure; (ii) if you do not duly update your account information; (iii) if you use one access key pair for more than one website; (iv) if you use the Service in violation of our usage guidelines or API documentation; (v) if you fail to comply with any obligation under this Agreement insofar as no corrective measures have been taken within thirty (30) days of the receipt of the written notification hereof; (vi) if you have not paid your license fee before or on the expiry day; or (vii) in case of your cessation of payment, bankruptcy or liquidation.

Termination for convenience – Either party may terminate this Agreement for convenience at any time by giving you written notice. The termination shall take effect at the end of the then current license period.

Effects of termination – If this Agreement terminates for any reason whatsoever, you shall immediately cease using the Service.

References – You agree that Mollom may use your name, domain name and logo in press releases, product brochures, financial reports and other promotional materials in any media indicating that you are a customer of Mollom.

Entire Agreement – This Agreement, together with the accompanying Standard Service Level Agreement for paid subscriptions, constitutes the entire understanding between Mollom and you with respect to the subject matter hereof. There are no representations, promises, warranties or understandings relied upon by you that are not contained herein. It replaces, supersedes and cancels any other agreement that may have existed between the parties on the same subject.

Assignment – Mollom has the right to assign, subcontract, delegate or otherwise transfer its rights and obligations under this Agreement to any affiliate without your express prior written authorization.

Severability – If any part of this Agreement is found to be invalid or unenforceable, such part will be severed from the remainder of this Agreement and will be replaced with a provision that accomplishes the original business purpose, to the extent possible. This Agreement will in such case continue to be valid and enforceable to the fullest extent permitted by law.

Force Majeure – Each party shall be excused from delays in performing or its failure to perform hereunder (other than payment of monetary obligations) to the extent that such delays or failures result from situations for which a party cannot be held accountable for (such as, but not limited to, broken down telecommunication lines, serious software bugs in third party software or components, strikes, and so on).

Governing law and applicable court – This Agreement is governed by Belgian law. Any dispute about the validity, the interpretation or the execution of this Agreement will be finally settled by the competent courts of Brussels, Belgium.

Changes – From time to time, we change our products and services which may require us to update this Agreement accordingly. Your continued use of our Service following the posting of any changes to this Agreement means you accept such changes. This Agreement was last updated on June, 19th 2013.

Summary

  • You need to create and maintain a personal account on our website, which contains accurate information about you.
  • Through your account, you need to obtain an access key pair for each website you want to use our service for. One key pair can only be used for one website.
  • Our service must be used in accordance with our usage guidelines.
  • You are not allowed to integrate the free subscription in products or services that you resell or relicense to other parties. If you do not meet these conditions, you should obtain a special license instead.
  • You are responsible for informing your website visitors about the privacy aspects of our service. If required in your jurisdiction, you will obtain permission from your visitors.
  • For your convenience, you can refer your visitors to the web service privacy policy of our service.
  • Your own personal data will be used for customer management, to provide and optimize our services, to send you information about our products and services (unless you opt-out) and to investigate fraud or abuse.
  • The use of our service is subject to the payment of a periodical license fee, to be paid in advance. Future license fees can be adjusted by us at any time.
  • Although we will try to warn you in advance, we can suspend, discontinue and update our service at any time, without notice.
  • We can terminate your account in case of non-payment, abuse or failure to respect the agreement.
  • When you use our service through a dedicated server, the hardware of the server and the software on the server remain our property.
  • We provide paying customers a service level agreement that sets forth the service delivery criteria that Mollom endeavors to achieve with respect to the Mollom servers.
  • Our liability is limited to the aggregate amount of payments made by you one year preceding a liability incident. We cannot be held liable for any indirect or consequential damages.
  • The agreement, and any dispute between you and us, will be subject to Belgian law, and will be handled by the courts of Brussels, Belgium.
  • We may use your domain name, name and logo in press releases, product brochures, financial reports and other promotional materials.