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| Terms of Service |
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IMPORTANT
- READ CAREFULLY: The OnlineSafetyPAL service
(the "Service") is owned and operated by Principals of
OnlineSafetyPAL service ("OnlineSafetyPAL"),
and is provided to you ("You")
under the terms and conditions of these OnlineSafetyPAL,
Terms of Service ("Terms"), which include
OnlineSafetyPAL's Privacy Policy and Registration Form, available
through the hyperlinks set forth below and incorporated
herein by reference. By completing the electronic acceptance
process and clicking the "SUBMIT" button,
you represent and warrant that you: (i) are authorized
to sign for and bind the contracting party and (ii)
agree to be bound by all of the Terms & Conditions
of this agreement, including the disclaimers and limitations
of liability set forth in sections 10 and 11 below. |
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2. REGISTRATION |
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To
use the Service, You must submit a complete OnlineSafetyPAL registration form, which
is available at https://www.OnlineSafetyPAL.com
(the "Registration Form"), on your behalf. As
part of the registration process for the Service,
You agree to: (1) provide certain limited information
about You as prompted to do so by the Service
(such information to be current, complete and
accurate) and (2) maintain and update this information
as required to keep it current, complete and accurate.
The information requested on original signup shall
be referred to as registration data ("Registration
Data"). If OnlineSafetyPAL discovers that
any of your Registration Data is inaccurate, incomplete
or not current, OnlineSafetyPAL may terminate
Your right to access and receive the Service immediately
upon notice. OnlineSafetyPAL will evaluate
the registration application in good faith and
will notify You in a timely manner regarding acceptance
or rejection. OnlineSafetyPAL may reject
a registration application if it determines, in
its sole discretion, that the user is not an appropriate
subscriber or user of the Service. OnlineSafetyPAL
reserves the right to refuse the Service
to any user who has canceled any number of previous
Service accounts. OnlineSafetyPAL need not
provide a reason for its rejection. If OnlineSafetyPAL rejects
your application, then You may reapply
and OnlineSafetyPAL will reconsider the
application. You may not register for this Service
if You are under 18 years of age. By registering
for this Service You represent to
OnlineSafetyPAL that You are 18 years of age or older. Upon
acceptance of this agreement and completion of
the registration process You will have opened
an account with OnlineSafetyPAL, and will
become a subscriber to the OnlineSafetyPAL Service. |
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3. SERVICES |
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Description
of Service. OnlineSafetyPAL provides
the registered user with remote monitoring and
recording of the user's registered PC(s) from
any Web browser. OnlineSafetyPAL makes the
OnlineSafetyPAL Service available under a number
of different subscription plans. Please confirm
that the plan for which You are registering meets
Your needs by reviewing the "product information
pages." To use the Service you will need to download
"OnlineSafetyPAL" software to each PC that you
would like to monitor and record remotely. Each
PC that you wish to monitor and record must also
maintain a periodic connection with the Internet
in order to provide the detailed recording of
all online activities via our website at www.OnlineSafetyPAL.com. |
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Fees
and Payments. You can always find the
current Subscription Fees and charges posted under
My Account on the OnlineSafetyPAL Web site. Your
subscription will continue and renew automatically
unless terminated by OnlineSafetyPAL or
until You notify OnlineSafetyPAL of your
decision to change Your subscription renewal.
For cancellation instructions, log in to your
account and click on the Billing Info section
of your My Account page. If there are any annual,
monthly or similar periodic fees for Your subscription,
these fees will be billed automatically to the
credit card designated during the registration
process for OnlineSafetyPAL.com, or subsequently
designated to OnlineSafetyPAL at the start
of the subscription period and at the start of
each renewal period, unless You terminate Your
subscription before the relevant period begins.
You agree to pay or have paid all fees and charges
incurred in connection with your subscription
for OnlineSafetyPAL service (including any applicable
taxes) at the rates in effect when the charges
were incurred. All fees and charges are nonrefundable.
OnlineSafetyPAL may change the fees and
charges then in effect, or add new fees or charges,
by giving You notice in advance. All fees and
charges incurred in connection with your user
name and password will be billed to the credit
card designated during the registration process
for OnlineSafetyPAL.com or subsequently designated
to OnlineSafetyPAL. You also are responsible
for any fees or charges incurred to access OnlineSafetyPAL.com
through an Internet access provider or other third
party service. YOU, AND NOT OnlineSafetyPAL,
ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED
TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE
NOT AUTHORIZED BY YOU. This Agreement is personal
to You, and You may not assign your rights or
obligations to anyone. |
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Credit
Cards. As a condition to your right to
use the Service, You must provide us with a valid
credit card number belonging to you with available
credit sufficient to pay the applicable Service
Fees. In the event that you cancel this credit
card or it is otherwise terminated, you must immediately
provide us with a new valid credit card number.
You authorize OnlineSafetyPAL from time
to time, to undertake steps to determine whether
the credit card number you have provided to us
is a valid credit card number. In the event that
you do not provide us with a current valid credit
card number with sufficient credit upon request
during the effective period of this Agreement,
you will be in violation of this Agreement, and
we may terminate this Agreement with You. OnlineSafetyPAL does not accept debit cards for payment
of Service Fees. In the event that you provide
us with a debit card number instead of a credit
card number, you authorize us to make all charges
described in this Agreement to your debit card
account. |
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Trial
Offers, Coupons, Credits and Special Offers.
OnlineSafetyPAL reserves the right to discontinue
or modify coupons, credits and special promotional
offers at our discretion. The Free Trial offer
associated with OnlineSafetyPAL entitles
new, registered subscribers to a one-time free
trial usage of the service. Free Trial terms vary
by promotional offer. At the end of the trial
period You will be automatically subscribed and
we will bill your credit card for the fees to
the Service plan You selected at registration
or to a default Service plan for trial subscribers
selected by OnlineSafetyPAL. If You wish
to terminate the trial and do not wish to subscribe
to a plan, You must cancel before the end of your
trial period. For cancellation instructions, log
in to your account and click on the Cancel
Account link of your My Account page. |
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4. USER CONDUCT AND PROPRIETARY RIGHTS |
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No
Resale or Commercial Use of the Service. Your
right to use the Service is personal to You. You
may be either an individual or a corporation or
business entity, but You agree not to resell the
use of the Service, any downloadable plug-in or
other materials or any information obtained by
You without the express written consent of
OnlineSafetyPAL. |
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Conduct.
You are solely responsible for the computer and
its content of your transmissions through the
Service. OnlineSafetyPAL does, however,
reserve the right to take any action with respect
to the Service that OnlineSafetyPAL deems
necessary or appropriate in OnlineSafetyPAL's sole discretion if OnlineSafetyPAL
believes
You or your transmissions or use of the Service
may create liability for OnlineSafetyPAL. Your use of the Service is subject to all applicable
local, state, national and international laws
and regulations (including without limitation
those governing account collection, export control,
consumer protection, unfair competition, anti-discrimination
or false advertising). You agree:
(1)
to comply with all United States laws, rules and
other regulations applicable in connection with
the Service;
(2)
not to use the Service for illegal purposes;
(3)
not to interfere or disrupt networks connected
to the Service;
(4)
not to use the Service to infringe any third party's
copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity
or privacy; and
(5)
not to transmit through the Service, through Feedback
or otherwise, any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind
or nature. You will not attempt to gain unauthorized
access to other computer systems and You will
not interfere with another user's use and enjoyment
of the Service. |
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Proprietary
Rights. In accordance with Your authorized use
of the Service, OnlineSafetyPAL, grants
You a limited license to use the plug-in solely
in connection with the Service offered by
OnlineSafetyPAL. You acknowledge that the software downloaded
in connection with the Service is proprietary
to OnlineSafetyPAL, and may be protected
by copyrights, trademarks, product marks, patents
or other proprietary rights and laws; therefore,
You are only permitted to use this software as
expressly authorized by the Service and these
Terms. Further, OnlineSafetyPAL, logo, and
other names, logos, icons and marks identifying
OnlineSafetyPAL's products and services
are trademarks of OnlineSafetyPAL and may
not be used without the prior written permission
of OnlineSafetyPAL. All other product names
mentioned are used for identification purposes
only and may be trademarks of their respective
holders. You may not copy, reproduce, distribute
or create derivative works of this software without
expressly being authorized to do so by OnlineSafetyPAL. Further, You may not reverse engineer, decompile,
alter, modify, disassemble or otherwise attempt
to derive source code from the client software
on the PC. All rights
not expressly granted in these Terms are reserved
to OnlineSafetyPAL. |
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7. PASSWORDS AND SECURITY |
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As
part of the registration process, You will use
your email address as your user name and You will
choose Your passwords for access to this account
and to your designated computers. You agree to
carefully safeguard all of your passwords. You
are solely responsible if You do not maintain
the confidentiality of passwords and account information.
Furthermore, You are solely responsible for any
and all activities that occur under Your account.
You agree to immediately notify OnlineSafetyPAL of any unauthorized use of
your account
or any other breach of security known to You,
including if You believe that Your password or
account information has been stolen or otherwise
compromised. |
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8. TERMINATION |
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OnlineSafetyPAL may immediately terminate
your membership
and right to use the Service if
(a)
You breach these Terms; (b)
OnlineSafetyPAL is unable to verify or authenticate
any information You provide to OnlineSafetyPAL;
(c)
such information is inaccurate; or
(d)
OnlineSafetyPAL decides, in its sole discretion,
to discontinue offering the Service. OnlineSafetyPAL
shall not be liable to You or any third
party for termination of the Service. You may
terminate Your Account and end your use of the
Service at any time, for any reason or for no
reason. For cancellation instructions, log in
to your account and click on the Cancel Account
link of your My Account page. Upon termination
of your account, You shall remain liable for all
fees incurred or accrued by You and any fees you
may have paid in advance are nonrefundable. Upon
expiration or termination for any reason, You
are no longer authorized to use the Service or
Software. When this Agreement is terminated and/or
your Account is canceled, You will no longer have
access to data and other material you have stored
on the Site and that material may be deleted by
OnlineSafetyPAL. |
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9. Maintenance and Updates |
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You
understand that OnlineSafetyPAL may update
the Software at any time, but is under no obligation
to inform You of or furnish to You any such updates.
This Agreement does not grant You any right, license
or interest in or to any support, maintenance,
improvements, modifications, enhancements or updates
to the Software or supporting documentation. To
the extent that OnlineSafetyPAL supplies
any updates to You, such updates will be deemed
to be subject to the terms of this Agreement unless
OnlineSafetyPAL indicates otherwise. OnlineSafetyPAL
reserves the right to charge fees for any
future versions of, or updates to, this Software. |
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10. DISCLAIMER OF WARRANTIES |
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YOU
EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" BASIS. ONLINESAFETYPAL EXPRESSLY
DISCLAIMS 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.
ONLINESAFETYPAL MAKES NO WARRANTY THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR
FREE, NOR DOES ONLINESAFETYPAL MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR THE ACCURACY OF
ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE
OR THAT DEFECTS IN THE PC-CLIENT SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING
SOFTWARE DOWNLOAD) THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR
ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ONLINESAFETYPAL OR THROUGH THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. |
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11. LIMITATION OF LIABILITY |
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IN
NO EVENT SHALL ONLINESAFETYPAL OR ITS PRINCIPALS
BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF ONLINESAFETYPAL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. ONLINESAFETYPAL'S LIABILITY TO YOU
OR ANY THIRD PARTY IS LIMITED TO NO MORE THAN
WHAT YOU PAID FOR THE SERVICE OR THE REMAINING
BALANCE OF YOUR ONLINESAFETYPAL ACCOUNT, WHICHEVER
IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. |
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12. INDEMNITY |
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You
hereby agree, at Your expense, to indemnify, defend
and hold OnlineSafetyPAL harmless from and
against any loss, cost, damages, liability or
expense arising out of or relating to
(a) a
third-party claim, action or allegation of infringement
based on information, data, files or other content
submitted by You; (b)
any
fraud or manipulation, or other breach of these
Terms by You; or
(c)
any third-party claim, action or allegation brought
against OnlineSafetyPAL arising out of or
relating to a dispute between its users over the
terms and conditions of a contract or related
to the purchase and sale of any services. |
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13. GENERAL TERMS |
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These
Terms are governed in all respects by the laws
of the State of California as such laws are applied.
Both parties submit to personal jurisdiction in
California and further agree that any cause of
action relating to these Terms shall be brought
in a court in Los Angeles County, California.
If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be
enforced. OnlineSafetyPAL's failure to act
with respect to a breach by You does not waive
OnlineSafetyPAL's right to act with respect
to subsequent or similar breaches. You may not
assign or transfer this Agreement or any rights
hereunder, and any attempt to the contrary is
void. This Agreement shall inure to the benefit
of and be binding upon each party's successors
and assigns. OnlineSafetyPAL shall not be
liable for any delay or failure to perform resulting
directly or indirectly from any causes beyond
OnlineSafetyPAL reasonable control. Unless
otherwise provided in this Agreement, any notice
required or permitted to be given under this Agreement
shall be delivered
(i) by
hand; (ii)
by registered or certified mail, postage prepaid
and return receipt requested to the address provided
by the other party, or to such other address as
a party may designate by written notice in accordance
with this Section 12;
(iii)
by overnight courier or (iv)
by electronic mail with confirming letter mailed
under the conditions described in (ii). Notice
so given shall be deemed effective when received,
or if not received by reason of fault of addressee,
when delivered. These Terms constitute the complete
and exclusive understanding and agreement of the
parties relating to the subject matter hereof
and supersedes all prior understandings, proposals,
agreements, negotiations and discussions between
the parties, whether written or oral. You understand
and agree that You are solely responsible for
periodically reviewing the Terms of Service. |
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