Terms of Service

  1. Description of Service - VenomPen is a free, anonymous email application (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the VenomPen Disclaimer. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. VenomPen disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. VenomPen also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
  2. Personal Use - The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. VenomPen reserves the right to refuse service to anyone at any time without notice for any reason.
  3. Proper Use - You agree that you are responsible for your own communications and for any consequences thereof. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by VenomPen; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. VenomPen reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
  4. Content of Service - VenomPen takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does VenomPen have any obligation to monitor such third party content. VenomPen reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. VenomPen also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of VenomPen, its users and the public. VenomPen will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
  5. Indemnification - You agree to hold harmless and indemnify venompen.com, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, venompen.com will provide you with written notice of such claim, suit or action.
  6. Choice of Law; Jurisdiction - These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Palm Beach County, Florida, and you consent to the jurisdiction of such courts.
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