IMPORTANT
- READ CAREFULLY: The OnlineSafetyPAL service
(the "Service") is owned and operated by OnlineSafetyPAL Inc.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, (ii) agree to the cancellation and refund policy and (iii) 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.
1. DESCRIPTION OF SERVICE
The Service provided by
OnlineSafetyPAL, allows You remote monitoring,
recording and access to your recorded data of your computer
as determined and designated by You.
2. REGISTRATION
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.
3. SERVICES
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.
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.
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.
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" (it is a sub-tab/link under the "Account Admin" tab appearing on the top of the page), verify your intention to cancel the account and click "SUBMIT". to complete the cancellation process. .
4. USER CONDUCT AND PROPRIETARY RIGHTS
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.
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.
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.
5. PRIVACY
OnlineSafetyPAL will not
sell or rent your personally identifiable information
to anyone unless You expressly consent to disclosures
of Your personal identification and other personal
information to third parties. We may send personally
identifiable information about You to third parties
when:
(a) We have Your consent to share
the information or
(b) We find that your actions on
our Web site violate this Terms of Service or
(c)
We respond to subpoenas, court orders or legal processes
which require us to disclose Registration Data or
any information about You to law enforcement or
other government officials as OnlineSafetyPAL in
its sole discretion, believes necessary or appropriate.
More information on OnlineSafetyPAL's current privacy
policy for OnlineSafetyPAL can be found at https://www.OnlineSafetyPAL.com.
6. MODIFICATIONS
OnlineSafetyPAL, may amend
these Terms at any time by
(i) posting a revised Terms of Service
document on https://www.OnlineSafetyPAL.com and/or (ii)
sending information regarding the Terms amendment
to the email address You provide to OnlineSafetyPAL.
You are responsible for regularly reviewing the
https://www.OnlineSafetyPAL.com
site to obtain timely notice of such amendments.
You manifest intent to accept these amended terms
if You continue to use your membership account after
such amended terms have been posted or information
regarding such amendment has been sent to You. Otherwise,
these Terms may not be amended except in writing
signed by both parties. Further, OnlineSafetyPAL
reserves the right to modify or discontinue the
Service with or without notice to You. OnlineSafetyPAL
shall not be liable to You or any third party should
OnlineSafetyPAL exercise its right to modify or
discontinue the Service.
7. PASSWORDS AND SECURITY
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.
8. TERMINATION
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.
9. Maintenance and Updates
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.
10. DISCLAIMER OF WARRANTIES
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.
11. LIMITATION OF LIABILITY
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.
12. INDEMNITY
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.
13. GENERAL TERMS
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.
