Service agreement for free subscriptions
When you use the Mollom web service ("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 – While the use of the Service is free of charge, 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 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.
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 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.
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 – While we try to make the Service operate without errors, you acknowledge and accept that the nature of software, hardware and the internet in general does not allow constant or error-free operation of the Service. Unless in the case of fraud or willful intent, Mollom cannot be held liable (whether contractually or extra-contractually) for any direct, indirect or consequential damage incurred by you or any third party, to the extent allowed by law. You will indemnify, defend and hold us harmless from and against any violation of any provision of this Agreement committed by you, as well as any third-party claim with regard to your use of the Service. You will also promptly inform us (through the contact form on the mollom.com website) of any error or bug you encounter in the Service.
Warranty – Mollom 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 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.
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).
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 – Mollom reserves the right to immediately terminate or suspend this Agreement without intervention of a judge if you provide false or inaccurate information during the registration procedure, if you do not duly update your account information, if you use one access key pair for more than one website, if you use the Service in violation of our usage guidelines or API documentation, if you fail to comply with any obligation under this Agreement, or if Mollom terminates its business activities or support for the Service.
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 user of Mollom.
Entire agreement – This Agreement 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.
Governing law & 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.