Terms and Conditions
Effective February 22, 2021
These terms and conditions outline the rules and regulations for the use of the TamoSoft's website located at www.tamos.com. If you access this website, we assume that you accept these terms and conditions in full. Do not continue to use this website if you do not agree to accept all of the terms and conditions stated on this page.
1. Copyright
This entire website, including design, text, graphics, software, and the selection and arrangement thereof, is Copyright © 1998-2021 TamoSoft. All rights reserved.
2. Use of Website Information
The content on this website may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site without prior written permission from TamoSoft is strictly prohibited.
3. Use of Software
Any use of software and accompanying documentation from this website is subject to separate terms and conditions (End User License Agreements) between you and TamoSoft. Such software-specific End User License Agreements are displayed when you begin the installation of the software downloaded from our website. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
4. Trademarks
TamoSoft®, CommView®, TamoGraph®, SmartWhois®, CommTraffic®, NetResident®, DigiSecret®, and CountryWhois® are registered trademarks of TamoSoft in New Zealand and/or the U.S. Essential NetTools™ is a trademark of TamoSoft. Microsoft® and Windows® are registered trademarks of Microsoft Corporation in the U.S. and/or other countries. Wi-Fi® is a registered trademark of the Wi-Fi Alliance. WPA™, WPA2™, and WPA3™, are trademarks of the Wi-Fi Alliance. Wi-Spy®, MetaGeek®, and Chanalyzer® are registered trademarks of MetaGeek, LLC. Other product names and brand names are trademarks of their respective holders.
5. Links to Other Websites
This website may contain hyperlinks to websites controlled by parties other than TamoSoft. TamoSoft is not responsible for and does not endorse or accept any responsibility over the contents or use of these websites.
6. Privacy and Personal Information
Cookies
A cookie is a piece of data stored on the user's hard drive for an extended period of time. We use cookies to perform two functions. First, cookies allow you to use the shopping cart on our website. Second, cookies allow us to estimate the efficiency of our advertisement campaigns and gather statistical information. Usage of a cookie is in no way linked to any personally identifiable information.
Google Analytics
This website uses Google Analytics. Google Analytics is a web analysis service provided by Google Inc. Google utilizes the data collected to track and examine the use of this website, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. Personal data collected: Cookie and Usage Data. Place of processing: USA. See Google Privacy Policy or Opt Out.
Contact Forms and Newsletter
TamoSoft collects basic personal information when you fill out the contact forms or subscribe to our newsletter. This information is used to contact the user about the services on our site for which they have expressed interest or reply to a query. Such personal information is stored on TamoSoft computers and is accessed by authorized personnel only. If a user wishes to subscribe to our newsletter, we ask for the e-mail address only; no other information is required.
Orders
When ordering a product from us, the purchaser's name, e-mail address, mailing address, credit card number, and expiration date are encrypted using SSL (Secure Socket Layers) and passed through to the credit card processing company. This is necessary for processing and fulfilling orders and providing notification of the order status. If you don't wish to disclose your credit card number, feel free to order by mail using a check. You can also pay by international wire transfer, in which case we will know only the account holder name and the e-mail address to which we should e-mail the registration codes.
Software
The software distributed on our site doesn't collect any personal information or send any information to our servers. Any outbound network connections made by our software are made for the sole purpose of performing documented tasks, such as contacting your DNS servers for resolving hostnames, or Whois databases for obtaining necessary records, or checking if a new software version is available. We don't and never will distribute spyware. We encourage you to download our software directly from our site to avoid potential security risks, such as downloading infected software.
Server Log Files
We use IP addresses to analyze trends, administer the site, track users' movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. The log files are deleted on a monthly basis.
Product Activation
Some of our products require activation over the Internet. Please refer to FAQ for the privacy-related information.
7. Disclaimer
The content of this website is provided "as-is" without any warranty whatsoever and TamoSoft makes no promises, representations or warranties, whether expressed or implied, whether by statute, common law, custom, usage or otherwise, regarding or relating to the content therein. You assume all risks and responsibilities for use of, and results obtained from the content of this website. TamoSoft makes no warranty that the content will be error free. To the maximum extent permitted by applicable law, TamoSoft disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, non-infringement of third party rights, integration, satisfactory quality or fitness for any particular purpose with respect to the content. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. You hereby acknowledge that the content may not be or become available due to any number of factors including without limitation periodic system maintenance, scheduled or unscheduled, acts of god, technical failure of the software, telecommunications infrastructure, or delay or disruption attributable to viruses, denial of service attacks, increased or fluctuating demand, and actions and omissions of third parties. Therefore, TamoSoft expressly disclaims any express or implied warranty regarding content availability, accessibility, or performance. TamoSoft disclaims any and all liability for the loss of data during any communications and any liability arising from or related to any failure by TamoSoft to transmit accurate or complete information to you.
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THIS WEBSITE OR THE INFORMATION CONTAINED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAMOSOFT OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, EVEN TAMOSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TAMOSOFT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE FIFTY U.S. DOLLARS. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Governing Law, Jurisdiction, and Venue
These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of New Zealand without reference to conflicts of law rules and principles. These Terms and Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed and excluded. The courts within New Zealand shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms and Conditions. You agree that these Terms and Conditions is to be performed in New Zealand and that any action, dispute, controversy, or claim that may be instituted based on these Terms and Conditions, or arising out of or related to these Terms and Conditions or any alleged breach thereof, shall be prosecuted exclusively in the courts of New Zealand and you, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction.
