Terms of Use Agreement

This Terms of Use Agreement ("the Agreement") is between You (either an individual or an entity, "You"), the Member ("Member"), and Black Hat Cloaker Web Systems, Inc ("Black Hat Cloaker Web Systems"). Black Hat Cloaker (the "Service") is provided subject to this Agreement, as it may be amended by Black Hat Cloaker Web Systems, and any guidelines, rules or operating policies that Black Hat Cloaker Web Systems may establish and post from time to time. By posting updated versions of the Agreement at the Black Hat Cloaker web site, or otherwise providing notice to You, Black Hat Cloaker Web Systems may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Black Hat Cloaker web site. Through Black Hat Cloaker , Black Hat Cloaker Web Systems provides a web-based, completely served or downloadable search engine optimization software platform ("the Software"). Our Service may not be used to directly or indirectly violate the terms of service of any other corporate or sole entity. Black Hat Cloaker is a copyrighted work of authorship and is also protected under applicable database laws. Black Hat Cloaker Web Systems retains ownership of the Software and any copies of it, regardless of the form in which the copies may exist. This Agreement is not a sale of the original Software or any copies. Upon establishing a Member Account ("Member Account") with Black Hat Cloaker , You accept this Agreement:

The BlackHatCloaker.com and the BlackHatCloaker.com Privacy are incorporated herein by this reference.

Downloaded Software Agreement

Some of the following is only applicable to those Members who elect to download Black Hat Cloaker and serve it on their own web server.

  1. The Software is licensed only to You. You may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary or permanent basis, without the prior written consent of Black Hat Cloaker Web Systems.
  2. The licence is effective until your Member Account is terminated. Upon termination, you will no longer be able to access any features of the software.
  3. You undertake to ensure that, prior to use of the Software by your employees or agents, all such parties are notified of the terms of this Agreement.
  4. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software.
  5. The Software may not be used for anything that would represent or is associated with an Intellectual Property violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade rets, software piracy, and patents held by individuals, corporations, or other entities.
  6. If any of the terms of this Agreement are violated, Black Hat Cloaker Web Systems reserves the right to revoke the Member Account at any time and disable the Software. Upon deactivation, You allow Black Hat Cloaker Web Systems to alter the existing generated pages for commercial monetary use, until You remove the software from the web server it is served from.
  7. Refunds will be given at the discretion of Black Hat Cloaker Web Systems.
Service and Support
  1. The Service is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to individuals under the age of 18. If You do not qualify, please do not use the Service.
  2. The Service enables members to access a software platform for search engine optimization.
  3. All membership fees are subject to change at any time. All membership fees paid to Black Hat Cloaker Web Systems for the Service are non-refundable, or are refundable at the discretion of Black Hat Cloaker Web Systems. Payment for the Service will be made by a valid credit card accepted by Black Hat Cloaker Web Systems, unless other payment arrangements have been made between You and an authorized Black Hat Cloaker representative. Fees are payable in US dollars and only with Visa or MasterCard is payment accepted.
  4. It is understood that Black Hat Cloaker Web Systems makes no guarantee that any amount of earnings will result from the use of the Service.
Termination

You may terminate this Agreement at any time by sending an e-mail message to or by sending written notice to Black Hat Cloaker Web Systems:

 Espace Beethoven,1208 Route des Lucioles 06600 Sophia Antipolis  France

Correspondence must include Your first name, last name, and Black Hat Cloaker email address. No refunds will be issued if You terminate this Agreement.

Black Hat Cloaker Web Systems may terminate this Agreement or the Service at any time with or without cause, and with or without notice. Black Hat Cloaker Web Systems shall have no liability to You or any third party because of such termination.

Black Hat Cloaker may delete any of Your archived data (on its servers) within 30 days after the date of termination. All tions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers, limitations, and limitations of liability.

Warranty Disclaimer; Remedies

Use of the services and any reliance by You upon the services, including any action taken by You because of such use or reliance, is at Your sole risk. Black Hat Cloaker Web Systems does not warrant that the service will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the service. The service is provided "as is" and Black Hat Cloaker Web Systems disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement.

Your sole and exclusive remedy for any failure or nonperformance of the Service shall be for Black Hat Cloaker Web Systems to use commercially reasonable efforts to adjust or repair the Service.

Limitation of Liability

To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall Black Hat Cloaker Web Systems or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to for purposes of this tion as "Black Hat Cloaker ") be liable to You or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if Black Hat Cloaker shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that notwithstanding the foregoing, Black Hat Cloaker is found liable to You for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of Black Hat Cloaker to You will be limited to the amount You paid for the service. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to You.

Miscellaneous
  1. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
  2. Black Hat Cloaker Web Systems and You agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral Agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
  3. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and You do not have any authority of any kind to bind Black Hat Cloaker Web Systems in any respect whatsoever.
  4. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
  5. The Agreement shall be governed by the laws of the State of Colorado without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Denver, Colorado.
  6. From time to time, Black Hat Cloaker Web Systems may verify the integrity of any installation of the downloaded version of Black Hat Cloaker by any means necessary, including but not limited to: Verifying the domain in which the software is installed belongs to the rightful Member, monitoring all login access through IP verification and any other methods necessary for ensuring license ownership.
Earnings Disclaimer

Every effort has been made to accurately represent this Service and it's potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that You will earn any money using the Service. We do not purport this as a "Get Rich Scheme."

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed on our web site depends on the time You devote to the Service, Your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee Your success or income level nor are we responsible for any losses incurred by using our Service.

Statements in our Service and on our web site may contain information that includes or is based upon forward-looking statements within the meaning of the urities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate", "estimate", "expect", "project", "intend", "plan", "believe" and other words and terms of similar meaning in connection with a description potential earnings or financial performance.

Any and all forward-looking statements in the Service or on our web site or on any of our sales materials are intended to express our opinion of earnings potential. Many factors will be important in determining Your actual results and no guarantees are made that You will achieve results similar to ours or anybody else's, in fact no guarantees are made that You will achieve any results from our Service.