Note: During checkout through the online cart, the official license is presented, and must be agreed to in order to use the service. It is recommended to read through it while checking out. If there are any differences between the following license and the one presented during checkout, please consider the latter one to be correct.
PLEASE READ THIS AGREEMENT CAREFULLY
LICENSE AGREEMENT
SAFE FROM SITES LLC. ("SAFE FROM SITES") IS WILLING TO GRANT YOU ("LICENSEE") THE FOLLOWING LICENSE TO USE THE SAFE FROM SITES SERVICE (THE "SERVICE") ACCORDING TO THIS AGREEMENT ONLY ON THE CONDITION THAT LICENSEE ACCEPTS ALL TERMS IN THIS AGREEMENT.
BY CLICKING ON THE "I ACCEPT" CHECK BOX, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IF LICENSEE DOES NOT AGREE TO ANY OF THE TERMS BELOW, SAFE FROM SITES IS UNWILLING TO LICENSE THE SERVICE TO LICENSEE, AND LICENSEE SHOULD CLICK ON THE "I DO NOT ACCEPT" BUTTON BELOW.
1. License. Subject to the terms of this Agreement, Safe From Sites hereby grants to Licensee a non-exclusive, limited, non-transferable license to use the Service in DNS form on a single internet connection as long as Licensee pays the required monthly license fee and this Agreement is in effect. Licensee acknowledges that if Licensee fails to pay the monthly license fee, the Service will be deactivated and this Agreement will terminate. Notwithstanding the foregoing, if Licensee has obtained an evaluation copy of the Service and has not paid an monthly license fee, Safe From Sites grants to Licensee a non-exclusive, limited, non-transferable license to use the Service in DNS form for a thirty (30)-day period for the purpose of evaluating whether Licensee wishes to purchase a license for the Service. WARNING: Evaluation IPs of the Service will become non-functional thirty (30) days following initial installation.
2. Restrictions. Safe From Sites and its suppliers retain all right, title and interest in and to the Service, and any rights not expressly granted to Licensee herein are reserved by Safe From Sites and its suppliers. Licensee may not copy, distribute, sub-license, rent, lease, loan, modify or create derivative works, adapt, translate, sub-license or transfer the Service. Licensee acknowledges that the Service and its structure, organization, and source code constitute valuable trade secrets of Safe From Sites and its suppliers. Licensee may not reverse engineer the Service except to the extent that this restriction is expressly prohibited by applicable law.
3. Warranty. Licensee expressly acknowledges and agrees that the Service is provided "AS IS" without any warranties or conditions whatsoever. Without limiting the foregoing, Licensee acknowledges that no service, including the Service, will be 100% effective at screening out offensive or unwanted content, and that Safe From Sites does not make any warranty that the Service will screen out all offensive or unwanted content. SAFE FROM SITES AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE SERVICE WILL PRODUCE CERTAIN RESULTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. Because some jurisdictions do not permit the exclusion of implied warranties, this disclaimer may not apply to Licensee.
4. Limitation of Liability. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT SHALL SAFE FROM SITES OR ITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR (I) LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR PART BY USE OF, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE SERVICE, OR (II) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAFE FROM SITES AND ITS' SUPPLIERS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE ANNUAL LICENSE FEE PAID BY LICENSEE FOR THE USE OF THE SERVICE. LICENSEE ACKNOWLEDGES THAT THE ANNUAL LICENSE FEE REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SAFE FROM SITES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE.
5. Term; Termination. This Agreement shall terminate automatically upon (i) Licensee's failure to pay the monthly license fee when such fee becomes due, or (ii) Licensee's breach of any term of this Agreement. If Licensee has obtained an evaluation of the Service and does not purchase a license prior to expiration of the trial period, this Agreement shall terminate thirty (30) days following initial setup of the Service on Licensee's internet connection. Licensee understands that in the event that Licensee fails to pay the monthly license fee when such fee becomes due, the Service will render itself inoperable. Upon termination of this Agreement for any reason, all license rights granted in this Agreement will immediately cease to exist, and Licensee shall destroy its copy of the DNS IPs. Sections 2, 3, 4, 5, 6, 7, and 8 will survive any termination of this Agreement.
6. Government End Users. The Service is comprised of "commercial DNS content filtering service" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227-7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).
7. General. This Agreement is governed and interpreted in accordance with the laws of the State of California without giving effect to its conflict of laws provisions. Both parties submit to jurisdiction in California and further agree that any cause of action arising under this Agreement must be brought in a court in San Joaquin County, California. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. This Agreement is the entire and exclusive agreement, and supersedes all prior agreements (whether written or oral) and other communications, between Safe From Sites and Licensee with respect to the Service.
PRIVACY POLICY
* 1. INFORMATION YOU PROVIDE.* When you signup for our service personally identifiable information is collected because you will be asked to complete a form. Generally, we collect only your name, email address, IP address (of the ordering location) physical address and telephone. When you make a purchase, we will also collect your credit card information.
* 2. INFORMATION WE COLLECT.* In addition to the information you provide, when you visit our Web site and when you use our service(pay for and trail), we may collect information regarding the type of browser you are using (e.g., Netscape, Internet Explorer, etc.), the type of operating system you are using (e.g., Windows, Mac OS, etc.) and the domain name of your Internet service provider (e.g., AOL, Comcast, etc.) what key words you use, where you came from , where you are going, and where you have been. This non-personally identifiable information is used to make our Web site as highly usable as possible for the widest variety of users , and our service adaptive.
We may also receive and store certain types of information automatically through the use of "cookies." Cookies are pieces of information that a Web site sends to your computer while you are viewing the Web site. We use cookies to tell us whether you have visited our Web site before. We do not use cookies to obtain personal information about you from your computer. You may set your computer to warn you each time a cookie is sent, or you may set your computer to turn off all cookies, but this will limit some functionality of our Web site.
We may also use email links located on our Web site to allow you to contact us directly with any questions or comments you may have. The information you provide in such emails is used to respond directly to your questions or comments, but may also be used to improve our Web site and its content. We may also review and discard the information provided in such emails.
* 3. HOW WE USE THE INFORMATION.* We may use the personally identifiable information that you provide, as well as the non-personally identifiable information that we otherwise collect about you, to fulfill your requests for our services (e.g., billing, user customization.). These services may be ours or those of our trusted subsidiaries, affiliates, business partners . We will only use this information for internal use.
We will never disclose your credit card information or your personal identity information for marketing purposes. However, we may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena or a law enforcement agency's request.
* 4. SECURITY WE PROVIDE.* We have attempted to place appropriate physical, electronic and managerial procedures to safeguard and help protect against unauthorized access, maintain data security and correctly use the information we collect. Although we take appropriate measures to safeguard against unauthorized disclosures of personally identifiable information, we cannot assure you that your personally identifiable information will never be disclosed in a manner that is inconsistent with this Privacy Statement. We protect the security of your credit card information using secure socket layer (SSL) encryption.
Our Web site may contain links to other Web sites. We are not responsible for the privacy practices or the content of any such Web sites.