eMail2Pop and PorkChup Solutions Software Policy and License Agreement

Table of Contents

Summary of Policy
Software License Policy
Final Notes

NOTE: PorkChup Solutions and eMail2Pop can be used interchangeably in this policy. You may interpret the two names as one entity. Software refers to eMail2Pop. Server(s) refer to PorkChup Solutions Servers.

Basic Information

PorkChup Solutions and its products are not affiliated with America Online, Inc. or Google, Inc. AOL® is a registered trademark of America Online, Inc. GmailT is a trademark of Google, Inc. All rights reserved.
To create a secure environment and limit unauthorized use of the Software (including breach of license agreement and software piracy), eMail2Pop connects to PorkChup Solutions servers for registration, license validation, and update purposes.
When a license key is entered into the Software to register the program, the Software will validate the license information using an online transaction with the PorkChup Solutions server. Once the server authorizes the registration, the Software is then set into a registered state.
To prevent unauthorized use of the Software, the Software will initiate random checks to the Server to revalidate the license key.
If the license key is invalid, the Software will either reset to trial mode or prompt for a new key.
If the Server detects use of a particular license key by used by two computers, a prompt will appear to allow the user to transfer the license and invalidate the license on the other computer.
PorkChup Solutions will review logs and disable license keys at the discretion of PorkChup Solutions if there is suspiction of breach of contract, unauthorized use, or requests by law enforcement.
Occasionally, the Servers may be down due to service problems or for maintainence. If the server is unavailable, the Software may still continue to work, but it may also fail until the license is revalidated. In this event, check the Software website for updates. No refund will be issued for any downtime.
The mail servers and services may change in a way that permanently blocks or hinders access to the mail servers from eMail2Pop. PorkChup Solutions takes no liability in this event and consequently can not guarantee future unobstructed access to e-mail from eMail2Pop. Therefore, no guarantees of service are made and no refunds will be rewarded for loss of program use and functionality. All sales are final.
If PorkChup Solutions suspects software piracy in relation to eMail2Pop or unauthorized modifications or registration circumvention devices, PorkChup Solutions reserves the right to collect additional data and prosecute violators.
By purchasing eMail2Pop, you agree to this registration policy. Because services may change at any time, no refunds are issued. If you would like to try eMail2Pop, the software program comes with a 14-day trial. Because this purchase is non-refundable, you also waive your right to a chargeback. If a chargeback occurs, you agree to allow PorkChup Solutions to authorize a collection agency to recover losses in addition to collection fees and a dispute fee of $75.

Software License Policy

Data Collection

When the Software connects to PorkChup Solutions servers for the purpose of validating license information, the following information is submitted: License Key Name, License Key, License Registration/Serial Number, CPU Identifier, Software Version Number, Software Checksum.
The Software generates a CPU Identifier based upon software and hardware criteria of the host computer running the Software. The CPU Identifier can not be used to find out specific information about a computer. Changing some computer settings/configuration may reset the CPU Identifier.
In addition to the information submitted to PorkChup Solutions, the IP address and host name of the client is recorded into an access log. This access log can later be audited for the purpose of determining unauthorized use of the Software.

Authorization

The billing service provides the Server with information entered into the billing form (such as name, e-mail, etc... except credit card/check number information) when a user wishes to purchase a license for use of the Software. The Server generates a license key partially based upon that information.
During the initial registration and validation of the Software with the Server, the Server verifies the license information as provided by the Software with the information entered during the billing process. After validation, the Server associates the CPU Identifier with the authorized license key.
On subsequent runs of the Software, the Software may make random checks with the Server. The Server validates the license key and matches the CPU Identifiers. If the information is valid, no action is required by the user. If the CPU Identifiers do not match (which can happen if the Software is installed on a different computer or if the original computer underwent a configuration change), the user will receive a license transfer dialog. If the user opts to transfer the license, the new CPU Identifier will replace the old CPU Identifier associated with the license key.
Each time a license key is transfered, a transfer count on the Server will increment. This transfer count can be audited to determine if there is unauthorized use or breach of contract/license agreement.
Cookies - The Software does not write cookies to your system for registration purposes.

Deactivation and Proper Use

Any license key may be deactivated by PorkChup Solutions at any time at the sole discretion of PorkChup Solutions.
In the event that a license key is or will be deactivated, PorkChup Solutions will attempt to contact the owner of that license key by e-mail, using the e-mail address specified during the registration and billing process. If the owner can not be contacted, it is up to the owner of the license key to contact PorkChup Solutions and request for reactivation.
You are permitted to use your license only on the computer used for the initial license activation. You must purchase another license for each additional computer on which you to wish to run the Software. However, PorkChup Solutions will permit you to transfer your license to a different computer up to five times. This will permit you to upgrade or change computers a reasonable number of times. Please contact PorkChup Solutions if you seek additional transfers, in which the decision is based upon the sole discretion of PorkChup Solutions.
If your license key is revoked at anytime by PorkChup Solutions for misuse (determined solely by PorkChup Solutions), no refunds will be issued. In the event that the purchaser decides to issue a chargeback with a credit card company, PorkChup Solutions will dispute the chargeback using the purchasing license agreement as proof. PorkChup Solutions will also authorize a collection agency to collect any losses incurred to PorkChup Solutions along with an agreement violation fee of $50 per incident.
PorkChup Solutions audits the logs to determine if anyone is breaking the license agreement. For example, if a single license of the Software is shared between two or more different CPU Identifiers with many license transfers within a short period, the license may be deactivated because the license is being used on multiple computers.
Each situation is reviewed on a case by case basis. Many variables are factored, including number of different CPU Identifiers, geographical locations of license transfers, time period between transfers, etc.
If, in the sole discretion of PorkChup Solutions, there has been a significant breach of contract/license or unauthorized use, the license key can be forfeited without refund.
Occasionally, license keys may be deactivated in cooperation with law enforcement or by certain requests by America Online, Inc. (for example, the user is using the Software to send SPAM or transfer illegal content).

Miscellaneous

eMail2Pop functions as a mail server only. It can not retrieve personal files.
eMail2Pop does not employ any special macro or scripting language. Therefore, eMail2Pop can not be manipulated to send files or send SPAM.
Because eMail2Pop does not store passwords, users accessing eMail2Pop from the internet will be prompted for their user names and passwords. Uninvited users can not retrieve your login information directly from eMail2Pop by sending mail commands nor can eMail2Pop send mail out through your account without thatuser providing valid login credentials for your account.
eMail2Pop provides a personal firewall to further secure its mail services. The firewall can be configured in the Options dialog. The firewall does not replace a traditional dedicated firewall but will prevent a limited level of unwanted access to eMail2Pop.
When eMail2Pop is set to block all access from other computers, those computers will be disconnected immediately when a connection attempt is made. Although another computer could detect the presence of a mail server, the computer can not send any commands to eMail2Pop.
A dedicated firewall will terminate a connection request from another computer before it even reaches eMail2Pop. Accordingly, it would appear to such a computer that no mail server is present. By default, eMail2Pop will allow access to all computers on the local area network.

Liability

PorkChup Solutions, Inc. and its product eMail2Pop are not affiliated with America Online, Inc. or Google, Inc. America Online, Inc. and Google, Inc. neither endorse nor support eMail2Pop. PorkChup Solutions, Inc. is not responsible for any actions made by America Online, Inc. or Google, Inc. and vice versa.
The policy is subject to be changed at anytime. If the policy is changed, a notice will appear on the main webpage of eMail2Pop for at least 48 hours. It is up to the user to check back to see if any changes are made. In addition, each change will also update the Last Modified header at the top of this page.
eMail2Pop and PorkChup Solutions are concerned about privacy and security but take no liability and can not be held responsible in the event that there is a security breach or service failure, which may even result in the sudden termination of the service due to unforseen circumstances.
eMail2Pop and PorkChup Solutions take no liability and can not be held responsible in the event that this policy is misinterpreted or misrepresented. Anyone visiting the website of PorkChup Solutions or eMail2Pop and using eMail2Pop does so at their own risk.
By using eMail2Pop, you agree to that PorkChup Solutions will not be held liable for any damages, claims, or costs, lost profits or revenue, and any other negative effects arising out of the use of the software. PorkChup Solutions makes no guarantees to the software product. These limitations apply to the extent permitted by applicable law. Any aggregate liability shall be limited to the amount paid for the software product.

Exceptions and Software Piracy

If eMail2Pop detects a violation of this license agreement or illegal utilization of eMail2Pop by means of unauthorized modified versions of eMail2Pop or the use of cracks, certain sections of this agreement may be voided at the sole discretion of PorkChup Solutions.
If PorkChup Solutions suspects unauthorized versions of eMail2Pop are in use, PorkChup Solutions reserves the right to collect additional information about the user, including but not limited to personally identifiable information and computer data. This data is stored in multiple secure locations and the data will only be used to investigate the suspected violation and as evidence in the court of law. If the investigation reveals that the user did not violate the license agreement, then all data collected will be deleted immediately.
PorkChup Solutions reserves the right to prosecute to the fullest extent of the law any person involved in using unauthorized versions of eMail2Pop or software designed to circumvent the proper operation of eMail2Pop.
At PorkChup Solutions' discretion, the user in violation of this license agreement may have the option of settling the violation by purchasing one or multiple legal license(s) to use the software product in addition to paying a settlement fee which is determined by PorkChup Solutions. If this option is offered and taken, then PorkChup Solutions agrees to remove all data collected by eMail2Pop in relation to the violation and will not further pursue prosecution for the violation. Because this is a courtesy option, the user has the complete right to refuse this offer. If no agreement between the user and PorkChup Solutions is reached within due time, PorkChup Solutions may seek legal prosecution through court of law. Additionally, PorkChup Solutions may forward all violation information to the federal government to assess and pursue any criminal charges for illegal piracy activity.
Users of eMail2Pop agree to make a reasonable effort to cooperate with PorkChup Solutions for violation investigations.

Final Notes

eMail2Pop and PorkChup Solutions, Inc. are privately owned, based in California. By using eMail2Pop, you agree to venue solely in the City of Los Angeles, State of California and also agree that the courts of Los Angeles have exclusive jurisdiction. Finally, you agree that this agreement is governed solely by the laws of the State of California and the United States of America.
If any part of this agreement is found to be void, that part will be severed and have no effect on the remaining terms.
No private changes or modifications of this agreement can be made unless in writing and signed by PorkChup Solutions.
In the event that you have objections or would like to voice your opinion about this policy, please e-mail PorkChup Solutions at legal@porkchup.com