Privacy Policy

End User License Agreement

This End User License Agreement ("Agreement"), applies to the Toolbar. Upon the Installation of the Toolbar, the following features will be added to your Internet browser (these features may vary for different versions of the Toolbar and/or if you utilize any customization tools offered by the version of the Toolbar you download):

Toolbar Search Functions: The Toolbar installs into your Internet browser and allows you to search the Internet.. These search features, as well as other non-search-related features may be customizable by you.

Default Search, Address Bar Queries, DNS Errors: If you consent to make MyWebSearch your default search service, your Internet browser default search feature will be set to MyWebSearch and you will access MyWebSearch search services (i) by entering queries in your browser chrome search box; (ii) by entering queries in your browser address bar, and/or (iii) in response to misspelled, incorrectly formatted or unresolved DNS submissions in your browser address bar.

Home Page: During the download process, you may be given the option to reset your Internet browser's default homepage to home.mywebsearch.com or some other webpage. If you exercise/consent to this option, the specified webpage will become your default home page and will appear each time you open your Internet browser.

You must be 13 years of age or older to install or to use an Affinity Toolbar. If you are not yet 13, do not download an Affinity Toolbar.

If you are at least 13, but not yet 18 years of age, please have your parent or legal guardian review this Agreement with you, discuss any questions you might have, and install the Toolbar for you.
If you are a parent, or a guardian, you are responsible for exercising supervision over your children's on-line activities.

THIS PRODUCT AND ALL THE FEATURES LISTED ABOVE ARE FREE. NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED FOR GENERAL USE OF THE TOOLBAR. CERTAIN TOOLBAR FEATURES MAY REQUIRE REGISTRATION TO ACCESS THE FULL FUNCTIONALITY OF A FEATURE. THIS PRODUCT IS NOT SPYWARE OR ADWARE.

NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED for general use of the Toolbar. If any features or associated websites or services of the Toolbar require registration or the provision of personal information, such requirement will be made known to you when you first use such feature, associated website or specific service. The collection and usage policies applicable to collected information may vary between different Toolbar features, associated websites or services, but in each case, the relevant policies will be made available either via a link within the Toolbar itself, or via a link within the feature or associated website.

Un-installation/Removal of the Toolbar
The Toolbar can be easily uninstalled. If you want to uninstall this product, there are several ways to do so:
a. From your computer's "Start" button, select "Settings", then "Control Panel"; (ii) Double-click on "Add/Remove Programs" for Windows XP or "Programs and Features" for Windows Vista; (iii) Select "My Web Search" (Product name)** or "(Toolbar name)**; (iv) Click "Remove"; (v) You must reboot your computer to completely remove the toolbar.
b. You can also click on the settings button on the right hand corner of the Toolbar, then select "Uninstall (Product name)" under "Toolbar Options".
Privacy
The Toolbar does not collect any personal information about you (such as your name, email address, etc.). Further, it does not: (a) collect or report back to us (or anyone else) any information about your activities on sites you visit on the Internet; (b) collect any search queries or information that you provide to any other web-sites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to us (or anyone else) any data regarding your computer keystrokes or other data unrelated to the services the Toolbar provides.

Search Queries.
The Toolbar, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the marketing or distribution source of the toolbar used by you to conduct your search. If the search query is being generated as the result of a misspelled URL or search term entered in to the browser address bar, we also receive the misspelled URL address or search term. We use this information in order to properly process your search request. For example, this data provides us with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords. All information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. The information collected is stored in a query log for up to six months. In addition, all information about search activity is evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process).

Cookies.
The Toolbar also uses "cookies". We do this for two reasons. First, we use the cookies to store a code designating a marketing or distribution source for the Toolbar. This information allows us to properly distinguish between Toolbar versions for purposes of analyzing retention and usage per marketing or distribution source, on an aggregated basis. Second, the Toolbar uses cookies to store user preferences. For example, we use a cookie to record which search engine you have selected as your default provider. Upon accessing the search results pages, cookies may also be placed on your computer, to store your use preferences. We do not use cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose cookie information to third parties (other than as required by legal process). Certain third party partners/service providers may also use cookies in relation to services they provide on or via the Toolbar. For example, when you click on a third party offer presented via an Toolbar product, such third party may place an affiliate cookie on your computer to facilitate your interaction with the third party. Please note - third party sites, offers and/or cookies are not controlled by us. Such content is subject to policies of its respective third party owner (found on the third party's website). We strongly suggest that you familiarize yourself with the policies of any third party vendor you choose to engage.

Configuration Requests/Communications with our Servers.
The Toolbar sends a configuration request when you start your browser. This request is approximately 5k in size and includes only anonymous data such as IP address, browser type, and information about the specific release date and distribution source of your Toolbar, as outlined above. In addition, periodically when using the Toolbar, small communications may be sent to our servers indicating certain user preferences, as outlined above. All such information is anonymous, non-personally identifiable, and is used only for purposes of delivering search and Toolbar services and content in accordance with your preferences.
If the Toolbar is ever sold or all or substantially all of the assets relating to the Toolbar and/or associated websites are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this agreement. If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall the Toolbar from your computer.

Disclaimer of Warranty
YOUR ACCESS AND USE OF THE TOOLBAR, WEBSITE AND SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE, TOOLBAR AND SERVICES ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE TOOLBAR, WEBSITE OR SERVICES AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE TOOLBAR OR USE OF THE WEBSITE OR SERVICES.
WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE TOOLBAR, WEBSITE OR SERVICES (B) THAT THE TOOLBAR, WEBSITE OR SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE TOOLBAR, WEBSITE OR SERVICES WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE TOOLBAR, WEBSITE OR SERVICES, OR THE INFORMATION AVAILABLE THEREFROM, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
MINDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS, FEATURES AND/OR SERVICES PROVIDED BY THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Termination
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Toolbar in your possession or control. We may discontinue or alter any aspect of the Services, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Services, at our sole discretion and without prior notice or liability. We may also, in our sole discretion, terminate your use of the Services and/or disable your use of the Toolbar, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or any other terms or policies applicable to your use of the Toolbar, Website or Services. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Services.