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Legal Notes

All customers must agree to this

1. ACCEPTANCE OF TERMS

Blackshades provides its services to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: Terms of Service. In addition, when using particular Blackshades owned or operated services, you and Blackshades shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Blackshades may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICE

Blackshades offers access to a collection of various communications tools, forums, personalized content and branded programming through its network of properties, which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that our services may include advertisements and that these advertisements are necessary for Blackshades to provide our services. You also understand and agree that our services may include certain communications from Blackshades, such as service announcements, administrative messages and the Blackshades Newsletter, and that these communications are considered part of Blackshades membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Blackshades properties, shall be subject to the TOS. You understand and agree that the our services are provided "AS-IS" and that Blackshades assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our services, 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 advertisements. In addition, you must provide and are responsible for all equipment necessary to access our services.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the our services, you represent that you are of legal age to use our services and are not a person barred from receiving services under the laws of Russia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our payment gateway form. (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blackshades has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blackshades has the right to suspend or terminate your account and refuse any and all current or future use of our services (or any portion thereof). Blackshades is concerned about the safety and privacy of all its users. Please remember that our services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of our services areas and/or Content (as defined in Section 6 below) are appropriate.

4. Blackshades PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of our services you consent to the collection and use (as set forth in the Privacy Policy) of this i`nformation, including the transfer of this information to Russia and/or other countries for storage, processing and use by Blackshades and its affiliates.

5. MEMBER ACCOUNT AND SECURITY

You will need to create an account on our website in order to manage your product(s). You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Blackshades of any unauthorized use of your account or any other breach of security. (b) ensure that you exit from your account at the end of each session. Blackshades cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Blackshades, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via our services. Blackshades does not control the Content posted via our services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using our services, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will Blackshades be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 our services. However, put in mind that Blackshades is working hard to prevent illegal activity!
Utilization of the Blackshades products requires any abuse emails to be forwarded to system@mykolab.com.
Failure to comply is a gross violation of these Terms.

You agree to not use our Services to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm people in any way;
  3. impersonate any person or entity, including, but not limited to, a Blackshades official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our services;
  5. upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; This includes linking to or redirecting to any content or copyright files hosted on a 3rd party resource / servers.
  7. upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
  8. upload, post or otherwise make available any material that contains viruse or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt our services, servers or networks connected to Blackshades, or disobey any requirements, procedures, policies or regulations of networks connected to our services;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by Russia. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by Russia government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  12. "stalk" or otherwise harass another; and/or
  13. upload, post otherwise material for the purposes of file distribution, relay, or streaming reasons.
  14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 14 above.

7. INTERSTATE NATURE OF COMMUNICATIONS ON Blackshades NETWORK

When you register with Blackshades, you acknowledge that in using Blackshades services to send electronic communications (including but not limited to email and uploading files), you will be causing communications to be sent through Blackshades's computer networks, portions of which are located Russia, and other locations in Russia and portions of which are located abroad. As a result, and also as a result of Blackshades's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of our services results in interstate data transmissions.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing 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 Russia or the country in which you reside.

9. CONTRIBUTIONS TO Blackshades

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Blackshades through its forum, or contact forums, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information; (b) Blackshades is not under any obligation of confidentiality, express or implied, with respect to the contributions; (c) Blackshades shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide; (d) Blackshades may have something similar to the contributions already under consideration or in development; (e) your contributions automatically become the property of Blackshades without any obligation of Blackshades to you. (f) you are not entitled to any compensation or reimbursement of any kind from Blackshades under any circumstances.

10. INDEMNITY

You agree to indemnify and hold Blackshades and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through our services, your use of our services, your connection to our services, your violation of the TOS, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, or exploit for any commercial purposes or access to our services. Services that are currently disallowed from being resold are; Blackshades Remote Controller and Blackshades VPN.

12. MODIFICATIONS TO SERVICE

Blackshades reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice. You agree that Blackshades shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services.

13. TERMINATION

You agree that Blackshades may, under certain circumstances and without prior notice, immediately terminate your Blackshades account, any associated email address, and access to our services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to our services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities. (h) nonpayment of any fees owed by you in connection with our servicess.

Termination of your Blackshades account includes

(a) removal of access to all offerings within our services. (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof). (c) barring of further use of our services. Further, you agree that all terminations for cause shall be made in Blackshades's sole discretion and that Blackshades shall not be liable to you or any third party for any termination of your account, any associated email address, or access to our services.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Blackshades shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our services.

15. LINKS


Our services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Blackshades has no control over such sites and resources, you acknowledge and agree that Blackshades is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Blackshades shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. MAXIMUM ACCOUNTS PER PERSON


One free hosting account is allowed per person. Registering more than one account is considered abuse and will result in all accounts being terminated without notice.

17. Blackshades'S PROPRIETARY RIGHTS


You acknowledge and agree that our services and any necessary software used in connection with our services ("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 information presented to you through our services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Blackshades or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our services or the Software, in whole or in part.

18. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Blackshades AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. Blackshades AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF our services IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Blackshades OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING OUR SERVICES. IMMEDIATELY DISCONTINUE USE OF OUR SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19.LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Blackshades AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Blackshades HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (v) ANY OTHER MATTER RELATING TO our services.

20. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

21. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

22. NOTICE

Blackshades may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on our services.

23. TRADEMARK INFORMATION

The Blackshades, Blackshades logo, Blackshades (in Chinese characters), trademarks and service marks and other Blackshades logos and product and service names are trademarks of Blackshades (the "Blackshades Marks"). Without Blackshades's prior permission, you agree not to display or use in any manner the Blackshades Marks.

24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Blackshades respects the intellectual property of others, and we ask our users to do the same. Blackshades may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Blackshades's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

25. GENERAL INFORMATION

Entire Agreement.

The TOS constitutes the entire agreement between you and Blackshades and governs your use of our services, superseding any prior agreements between you and Blackshades with respect to our services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Blackshades services, affiliate services, third-party content or third-party software.

Choice of Law and Forum.

The TOS and the relationship between you and Blackshades shall be governed by the laws of Russia and your country, without regard to its conflict of law provisions. You and Blackshades agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Russia.

Waiver and Severability of Terms.

The failure of Blackshades to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability.

You agree that your Blackshades account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

26. VIOLATIONS

Please report any violations of the TOS to system@mykolab.com