You decide ….

* The following excerpts have been taken word for word from
FunWebProducts End User License Agreement with no changes made.

** This EULA may be read at
http://www.funwebproducts.com/eula_1104/index.html

***The following statements are my opinion only.



So I'm surfing around the internet last night, I found my most
favorite piece of spyware/adware type pain in the ass program.
I decided that I'd take a peek at EULA and see what all it
contained. Read these random sentences and partial sentences
and decide for yourself.


"THE SOFTWARE IS SPYWARE FREE AND NO REGISTRATION OR
PERSONAL INFORMATION IS REQUIRED FOR USE."
Will.....Spyware free, huh? No personal info, huh? Keep that in mind.


"We reserve the right to add additional features or functions
to the existing Software."
Will.....So this gives them the right to add to the software
with out even really asking your permission.


"the Software periodically communicates with our servers"
Will.....This is true, I've ran the sniffer on it and that it does.


"This update may occur automatically or through other means and
may occur all at once or over multiple sessions."
Will.....So this means they can update with out any interaction with
you.


"You acknowledge and agree that the Software is licensed, not sold to
you by Licensor"
Will.....This isn't just spyware, but many other software packages do
this Too. You don't own this software, they do.


"The Software is exposed to various security issues, and should be
regarded as unsecure"
Will.....This is a feel good line.


"By accepting this Agreement, you acknowledge and accept that the
Software, and any information you download or offer to share by means of the
Software, may be exposed to unauthorized access, interception, corruption, damage
or misuse, and should be regarded as insecure. You accept all
responsibility for such security risks and any damage resulting therefrom."
Will.....So even if their software caused a security hole you would be
responsible for any damage. That's like because you bought be a cup of
coffee you are responsible if I shot someone with me new gun.


"The Software, 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 distribution source of the Software
used by you to conduct your search."
Will.....Now, remember they stated they are not spyware, yet here they
are sending out information. Personally sounds like spyware to me.


"For example, we use a cookie to record which search engine you have
selected as your default provider"
Will.....Why do I want them to know what I have set as my default search
Engine. Maybe it's www.searchporn.com and I don't want them to know
that.


"The Software also 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 Software, as
outlined above."
Will.....Only 5k, that's like 5,000 characters in case your wondering.
There is that IP address again. Please note that during my sniffing
activities I noticed it's not just your internet address, if you are on an internal
network they send that address. Now in their logs they will have your
external address and your internal address. I don't necessarily think they would
do anything bad, but someone could sniff that information the same way
I did and then have a head start on hacking your network. I'm just
saying....


"When you visit the Web Sites, we may place a small text file-called a
"cookie"-on your computer that allows us to identify your Web browser."
Will.....They keep saying not spyware, not identifiable information, but
what's this...


"We also capture your source IP address which is a standard practice for
most internet sites."
Will.....Once again this is where they are able to get your external
address which would match up nicely with your internal address.


"If any of the Web Sites or the Software is ever sold or all or
substantially all of the assets relating to a Web Site or the Software are transferred
to another entity, we may transfer all information provided by or collected
from you, including personally identifiable information,"
Will.....In the world of dot com and the internet companies are bought
and sold all the time. I'd be worried that since they claim to not be spyware, they
are very similar to my definition of spyware, and that they may be sold to, or
buy a spyware company and now they have my information.


"However, if you elect to provide any information in connection with the
use of any other services Licensor offers, you agree to provide and to
maintain fully accurate, complete and current information. If Licensor has
reasonable grounds to suspect that such information is inaccurate, not current or
not complete, Licensor has the right to suspend or terminate your use of the Software
or our services, and pursue any appropriate legal remedies."
Will.....So, you don't have to give them information, but if you do it
HAS to be accurate or they will terminate you. Why would they need that info
if they weren't using it???


"you may be required to accept additional terms and conditions and/or,
establish an account including an unique identification code or name
(an "ID") and password (a "Password")."
Will.....Once again, no identifiable info, but in some cases you are
REQUIRED to accept or create an account.


I think spyware. What do you think?