1. Acceptance of Terms.
a. By using or purchasing any SafeSurfer services (“Service”), whether fee-based or offered for free on our Website, is subject to these Terms of Service (“Terms of Service”). Please read these Terms of Service carefully before accessing or using the Services. If you are an individual accepting these Terms of Service on behalf of an entity Customer, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these Terms of Service. If you do not have the legal authority to bind your employer, please do not use the Services. From time to time, SafeSurfer may update the functionality and user interface of the Services, add new features to the Service, change the access configuration for the Services or update the related software. In such event, these Terms of Service shall also apply to any upgrades or updates subsequently provided by SafeSurfer for the Services or related software. If you do not accept and agree to be bound by these Terms of Service, you are not authorized to access or otherwise use the Services.
2. Modification of Terms of Service.
a. From time to time these Terms of Service may be changed, modified, supplemented or updated by SafeSurfer. Updates to the Terms of Service will be in effect for any new or renewed Paid Service placed after the effective date of the updated Terms of Service. If SafeSurfer makes a material change to these Terms of Service, then we may notify you of these changes by sending an email to your registered account email address. If you do not agree to the updated Terms of Service, then you must notify SafeSurfer within thirty (30) days of receiving notice of the change. For free Services, you will be bound by any changed, modified, supplemented or updated Terms of Service if you choose to continue to use such free Services after such changes to the Terms of Service are posted.
3. Account Management/Passwords.
a. To purchase, use or access certain Services, you must have a valid SafeSurfer account. You will be prompted by our Website or contacted by email to either create an account or to login using your account credentials for such Services. If you have been given the option to open an account within the Services that will provide you with access to password protected portions of the Services and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify SafeSurfer upon learning of any unauthorized use of your account or any other breach of security.
4. Guarantees as to fitness for particular purpose
a. SafeSurfer provides the Service on an advisory basis only, and does not guarantee the Service to be error-free. SafeSurfer does not guarantee the results or effectiveness of the Service. SafeSurfer makes no recommendations as to how you should use the Service and shall not be held responsible for any decisions or actions taken by you based on the Service, including, but not limited to, any action or decision by you to refuse or to accept electronic communications from any Internet address based on the Service.
b. Any and all warranties, express and/or implied, are expressly excluded and disclaimed except to the extent specifically and expressly provided for in this Agreement. SafeSurfer has no liability, contingent or otherwise, regarding the Service. The Service is constantly evolving and is offered AS IS, AS AVAILABLE, WITH ALL ITS FAULTS and – to the extent permitted by law – is provided without any covenants or any express, implied or statutory warranties including (without limitation and qualification) any warranties as to accuracy, functionality, performance, merchantability, system integration, data accuracy or fitness for any particular purpose.
c. You specifically acknowledge that certain uses of the Service may cause legitimate websites, as well as illegitimate websites, to be rejected. You further acknowledge and affirm that you accept such risks of legitimate websites being rejected, and shall not hold SafeSurfer responsible for any damage caused by legitimate websites being rejected. You specifically acknowledge that final responsibility for all filtering or blocking actions and decisions based on any SafeSurfer Service remains with You.
5. License Grant and Restrictions for Free Home Services.
a. Subject to the these Terms of Service, SafeSurfer grants to you, and you accept, the non-assignable, nontransferable, non-sublicensable, and nonexclusive right to access and use any of the Services made available for free on its Website in accordance with the related documentation on the Website. You acknowledge that the SafeSurfer Services are for your personal home use only. You may terminate free Services by simply discontinuing your use of such Services and/or requesting that SafeSurfer terminate your account if you have created an SafeSurfer account. SafeSurfer may terminate your access to all or any part of the free Services at any time, with or without cause and with or without notice.
6. License Grant and Restrictions for Paid Services
a. If you purchased a Service or enrolled in a Free Trial, SafeSurfer grants to you, and you accept, the non-assignable, nontransferable, non-sublicensable, and nonexclusive right to access and use the applicable Service only as authorized in these Terms of Service and related documentation as described on the Website for the duration of the subscription term and for the number of Seats or Access Points purchased through the on line store, as described on the applicable Order Form, or as otherwise allocated in writing by SafeSurfer. Additional rights and restrictions may apply to Services ordered via an Order Form, and in such cases, the terms of the Order Form and/or supporting agreements will govern where conflicts exist between these Terms of Service and the Order Form or supporting agreements.
b. Renewal Terms
i. You expressly agree that SafeSurfer is permitted to invoice and charge your credit card or accepted payment account the applicable fees, any applicable taxes and any other charges that you may incur with SafeSurfer in connection with your use of the Services and that such fees, taxes and related charges will be billed to the credit card or accepted payment account that you provide at the time a fee or charge is due and payable.
c. Payment Terms
i. Your subscription to the applicable Service will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate the subscription at least sixty (30) days prior to the next renewal period, unless otherwise agreed upon by you and SafeSurfer as expressly reflected in an applicable Order Form.
ii. You agree to allow SafeSurfer, or our payment affiliates or services providers, to process/or store your payment information.
iii. If payment is not received or cannot be charged to your credit card or accepted payment account for any reason in advance of the applicable subscription period, SafeSurfer reserves the right to either suspend or terminate your access to the Service, and at SafeSurfer sole discretion, terminate these Terms of Service.
iv. All fees are payable in NZ Dollars and are based on Services purchased and not on actual usage. All fees are non-refundable.
7. User Data
8. Prohibited Use.
a. You will not:
i. use the Services or Software for any unlawful, unauthorized, fraudulent or malicious purpose,
ii. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or Software (except to the limited extent applicable laws specifically prohibit such restriction);
iii. bypass any measures SafeSurfer may use to prevent or restrict access to the Services or Software or otherwise interfere with any other party’s use and enjoyment of the Services;
iv. use your account or the Services or Software to infringe any intellectual property or other right of any other third party or
9. Limitation of Liability.
a. IN NO EVENT SHALL SafeSurfer, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR SOFTWARE
i. FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR
ii. FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). IN NO EVENT SHALL SafeSurfer’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF SERVICE, THE SERVICE AND THE SOFTWARE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO SafeSurfer IN THE PRECEDING TWELVE (12) MONTHS OR THE AMOUNT OF FIFTY DOLLARS ($50.00). Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
a. You agree to defend, indemnify and hold harmless SafeSurfer, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to
i. your unauthorized or unlawful use of the Services or Software
ii. your breach of these Terms of Service as stated herein or
iii. the infringement by you or any third party using your account, of any intellectual property or other right of any third party. SafeSurfer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will assist and cooperate with SafeSurfer in asserting any available defenses.