BeNetSafe.com - Protect Your Family from Internet Predators

BeNetSafe Terms of Use

Your use of the BeNetSafe web site (the "Web Site") means you agree to the following Terms of Use. If you do not agree with these terms please do not use the material and software available therein.

1. RESTRICTION ON USE

Your paid subscription for the site is for your personal use of our proprietary search, organization and reporting services. The reporting, formatting and methodology of providing your personal information from this Web Site is the property of BeNetSafe. You may view and download the materials at this Web Site only for your personal, non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services available on the Web Site. You may not in any manner reverse engineer, decompile or disassemble this service, web pages, HTML source code or PHP source code. When using the content of the Web Site you may not in any way imply that you are affiliated with BeNetSafe. The downloading, reproduction, or retransmission of the content on the Web Site, other than for non-commercial individual use, is strictly prohibited.

1.1 AUTHORIZED AGENT

BeNetSafe is designed for parents and guardians to monitor their minor child's information and you agree that you are using BeNetSafe for your personal information or that of your minor child. You have the authority to allow BeNetSafe to search for the information in all the account profiles entered by you on the BeNetSafe site and grant BeNetSafe the rights to search third party Internet Sites, search engines and Internet portals on your behalf. You agree to indemnify BeNetSafe for use of our search and reporting service for non authorized use. BeNetSafe does not charge for searching third party sites but only for the subscribers' use of the site and its timely reporting, notification, and organization of profile information. If you subscribe to BeNetSafe you are authorized to describe yourself as a subscriber of BeNetSafe.

1.2 EDIT/DELETE USER INFORMATION

Registered users of benetsafe.com can edit or delete their personal account information or their profile information by clicking on the benetsafe.com "My Account" link at any time.

1.3 LEGAL ACTIVITIES

You agree to not use the service for any illegal activities and you agree not to violate or infringe upon any copyright or trademark.

1.4 OBJECTIONABLE CONTENT

The information displayed as search results or linked to by BeNetSafe are developed by people over whom BeNetSafe cannot exercise direct control. The search results that appear from BeNetSafe's indices are indexed by BeNetSafe's automated code, machinery and computers, and BeNetSafe cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using BeNetSafe Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a BeNetSafe search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the BeNetSafe Services.

2. BILLING AND SUBSCRIPTION RENEWAL

Upon expiration of your subscription to the site, and absent of any clear notice of termination from, or by, you, the Company may automatically renew your subscription at the then prevailing price using credit card information you have previously provided. After expiration of the initial subscription term, you may elect not to renew your subscription by contacting the Company's customer service department and informing them of your desire not to renew your subscription prior to any such renewal.

3. LINKS TO BENETSAFE WEB SITE

BeNetSafe permits anyone to link to BeNetSafe's web site subject to the linker's compliance with the following terms and conditions: A site that links to BeNetSafe's web site:

• May link to, but not replicate, content contained in BeNetSafe's site;
• Must not create a border environment or browser around content contained in BeNetSafe's site;
• Must not present misleading or false information about BeNetSafe's services or products;
• Must not misrepresent BeNetSafe's relationship with the linker;
• Must not imply that BeNetSafe is endorsing or sponsoring the linker or the linker's services or products;
• Must not use BeNetSafe's logos or trade dress without prior written permission from BeNetSafe;
• Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
• Must not contain materials that would violate any laws;
• Must agree that the link may be removed at any time upon BeNetSafe's request pursuant to BeNetSafe's reserved rights to rescind its consent to allow the link.

4. LINKS FROM BENETSAFE WEB SITE

BeNetSafe expressly disclaims any liability for the content of other web sites that may be accessed through links on this Web Site. BeNetSafe is not responsible for the availability or content of those sites, their advertising, products, or other materials on or available from such sites or resources. BeNetSafe provides these links as a convenience, and such provision does not imply endorsement by BeNetSafe of those sites. BeNetSafe is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

5. INTELLECTUAL PROPERTY RIGHTS

This Web Site, all content on it, and all materials emailed and downloadable from this Web Site are owned by BeNetSafe and its approved licensors, licensees and affiliates, and all such content protected by the Copyright Act and the Lanham Act and other intellectual property laws and international treaties.

6. WARRANTIES AND LIMITATION OF LIABILITY; TERMINATION

THE BENETSAFE WEB SITES AND ALL CONTENT WITHIN THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY 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. IN NO EVENT SHALL BENETSAFE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON THIS WEB SITE. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEB SITE.

ANY MATERIAL DOWNLOADED, EMAILED OR OTHERWISE OBTAINED THROUGH THIS WEB SITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF FAMILY OR ANY DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF ANY SUCH MATERIAL.

BENETSAFE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS WEB SITE, OR FROM ANY VIRUS, BUGS, TAMPERING, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMPUTER LINE FAILURE, OR ANY OTHER TECHNICAL MALFUNCTION RELATED TO THIS WEB SITE.

IN NO EVENT WILL BENETSAFE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE OR OTHER COMMERCIAL OR ECONOMIC LOSS.

NO INFORMATION OBTAINED BY YOU FROM BENETSAFE, INCLUDING THE SITE AND THE SERVICES, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS.

7. PRIVACY AND INFORMATION

We believe the privacy of all our users is important. Please review our privacy policy relating to the collection and use of your personal information.

8. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

BeNetSafe respects the intellectual property of others, and we ask our customers and visitors to our website to do the same. At our discretion and in appropriate circumstances, BeNetSafe may terminate or suspend service to customers who repeatedly infringe upon the copyright, or other intellectual property rights, of others.

If you believe that BeNetSafe or one of its customers has copied your work in a way that constitutes copyright infringement or other violation of your intellectual property rights, please send written notice via certified mail to BeNetSafe Attention: 13636 Ventura Blvd, Suite 504, Sherman Oaks, CA 91423, USA.

9. NOTICES

BeNetSafe may send notices to you via either e-mail or regular mail for the purpose of advising you of any of BeNetSafe products or services and/or for such other purpose(s) as BeNetSafe deems appropriate.

10. GENERAL

BeNetSafe reserves the right to change or amend these Terms of Use at any time without prior notice. Any rights not expressly granted herein are reserved on behalf of BeNetSafe.

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

11. GOVERNING LAW AND FORUM CLAUSE

This Agreement is made under and will be governed by and construed in accordance with the laws of the State of California, and all disputes between parties hereto will be adjudicated in the Superior Court of Los Angeles County, of the State of California, United States of America (except that body of law controlling conflicts of law).