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Service
FilteredService.com provides an Internet Filtering "Service".
Users of
the FilteredService.com service are deemed "members".
Credit Card Charge For Services
Each billing period your credit card will be charged the appropriate
amount according to the
service plan under which you become a member. Your credit card
will be charged on or around
the anniversary date of the initial charge. In the event of
delinquency, your account may be
suspended until payment is received.
Refund Policy
Once your card has been charged, no refunds will be given. Subscription
to the Service is
automatically renewable. All cancellations must come before
the next charge date, one month
from the last charge, order to avoid additional charges.
Registration Data
You must provide FilteredService.com with accurate, complete,
and updated
information required by the registration to the Service ("Registration
Data") including
your legal name, address, age, and telephone number and credit
card information. You must
notify FilteredService.com within 15 days of any changes in
your Registration Data. You
acknowledge that in exchange for the ability to use the Service,
FilteredService.com may gather
information about you, such as data about your use of the Service
or responses to questionnaires
and surveys, and that FilteredService.com may provide this information
to third parties, including
marketing firms, advertising agencies, market research organizations,
political groups, academic
institutions, manufacturers and service companies. FilteredService.com
will not sell or provide
individual names, addresses, phone numbers or credit information
to third parties.
Account Usage
You are responsible for all use of your account and
for the security of your log-in identification, your password
and any security lock code that you
use to protect access to your data, your file name(s) and files,
network and user access, and any
information you disseminate through use of FilteredService.com
Services or through other Internet
Services.
Content
FilteredService.com is not obligated to control the content
of information passing through its
network. However, FilteredService.com reserves the right to
block access to or remove any
materials accessible through or transmitted through the Service
that FilteredService.com believes
in its sole discretion to be inappropriate, illegal or potentially
harmful to others or that may expose
FilteredService.com to liability.
E-mail
FilteredService.com does not filter or otherwise affect electronic
mail content or delivery.
Transfer. You may not transfer, assign or resell the Service
to any other party. You may not
assign this Agreement or any of its rights or obligations without
the prior written consent of
FilteredService.com, and any such attempted assignment will
be void. Subject to the above, this
Agreement will be binding upon the parties' respective successors
and permitted assigns.
Indemnity
You shall defend, indemnify and hold harmless FilteredService.com,
its officers,
directors, employees, agents and licensees from any claims,
losses, damages, expenses, and fees
including without limitation, reasonable attorneys' fees, arising
out of or relating to your use of the
Services, including without limitation any violation by you
of FilteredService.com's policies.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS," WITHOUT
WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT THE USE OF THE
SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION,
SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT
WARRANTIES OF ANY KIND BY FilteredService.com EITHER EXPRESS
OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. SOME
STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IN THOSE
STATES, FilteredService.com LIABILITY IS LIMITED TO THE FULLEST
EXTENT
ALLOWED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL FilteredService.com
OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF
OR
INABILITY TO USE THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS
PROVISION WILL APPLY WHETHER OR NOT FilteredService.com IS GIVEN
NOTICE
OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL
APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM
FilteredService.com. THE TERMS OF THIS SECTION WILL SURVIVE
ANY
TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT
LIMITATION OF LIABILITY PROVISIONS, FilteredService.com's LIABILITY
WILL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION
WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE
OF
ANY LIMITED REMEDY.
Termination
You or FilteredService.com may terminate this agreement at any
time for any reason
without notice. FilteredService.com may similarly suspend or
terminate your account for the
Service at any time for any reason, including but not limited
to failure to comply with the terms of
this Agreement and any of FilteredService.com's policies now
in effect or as modified at a later
date.
Modification
FilteredService.com may modify this Agreement, the Member
Information Policy or any other
Agreement or policy at any time in any fashion for any reason
in its sole discretion. Any
modification is effective immediately upon either a posting
on the FilteredService.com web page,
currently located at www.filteredservice.com, or by a message
from FilteredService.com sent to
you by electronic mail. If any modification to this Agreement
is unacceptable to you, you may
immediately terminate your account as provided in Paragraph
16. However, if you do not
terminate your account, or continue to use the Service following
the posting or e-mail notice of
any modification to this Agreement, your continued use or your
failure to terminate this Agreement
is deemed acceptance of that modification.
Force Majeure
FilteredService.com will not be liable in any amount for failure
to
perform any obligation under this agreement if such failure
is caused by the occurrence of any
unforeseen contingency beyond the reasonable control of such
party including without limitation
Internet outages, communications outages, fire, flood, natural
disaster, war or act of God.
Entire Agreement
This Agreement constitutes the sole agreement between FilteredService.com
and
Member respecting the subject matter hereof and will fully supercede
any and all other
agreements, either oral or in writing.
Governing Law
Interpretation and enforcement of this Agreement will be governed
by the laws of the State of
Maine (excluding its choice of law rules). You hereby consent
to personal jurisdiction in the
federal and state courts located in York County, Maine for any
action arising out of or relating to
your use of the Service or any other matter pertaining to or
arising under this Agreement. The
federal and state courts located in York County, Maine will
have exclusive jurisdiction over all
such actions. In any such action, the prevailing party will
be entitled to recover all legal expenses
incurred in connection with the action, including but not limited
to costs and attorney's fees.
Miscellaneous
In the event that any provision or provisions of this Agreement
are held to be unenforceable,
this Agreement will continue in full force and effect without
said provision and will be
interpreted to reflect the original intent of the parties. Waiver
by either part of a breach of any
provision of this Agreement or the failure by either party to
exercise any right hereunder will not
operate or be construed as a waiver of any subsequent breach
of that right or as a waiver of any
other right. |