By purchasing or installing products or services from SecureLearn, you agree to the following Terms of Service.
SecureLearn provides products and services, including, without limitation, Internet monitoring, Internet filtering, Internet control, DNS, Web filter customization and subscription updates to managed database lists, (collectively, the “Products and Services” or “Hosted Services”) subject to your compliance with the terms and conditions set forth in this Terms of Service Agreement (the “Agreement”). This Agreement governs the relationship between secureLearn (hereafter referred to as “the Service Provider”) and you, the customer (hereafter referred to as “the Client”) with respect to your use of the Products and Services. Unless the context requires otherwise, the Service Provider, and/or its’ assigns shall be referred to as “us”, “we”, or “our” and the Client shall be referred to as “you”, “your” or “subscriber.” You agree to use the Service Provider’s Products and Services in a manner that is consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed herein.
The Client irrevocably covenants, promises and agrees to indemnify the Service Provider and/or its’ assigns and to hold the Service Provider and/or its’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the Service Provider and/or its’ assigns may sustain or to which the Service Provider and/or its’ assigns may become subject arising out of or relating in any way to the use of the Products and Services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
Due to the nature of the technologies the Service Provider and/or its’ assigns provide, service interruptions may occur. No full, partial, or prorated refunds will be made as adjustment for any such service interruption. The Client hereby acknowledges that changes in the nature of the services which may be offered under this Agreement which are beyond the control of the Service Provider and/or its’ assigns do not constitute grounds for full or partial refund of any advance fees paid.
Product and Service Fees. Subject to any applicable law, fees and charges for Service Provider’s Products and Services are non-refundable unless the pricing terms for the applicable Products and Services expressly states otherwise. This Agreement and the Client’s use of Service Provider’s Products and Services shall become effective on the date the order to purchase Products and Services is submitted by the Client to the Service Provider (“Effective Date”). The Period of Performance of this Agreement shall commence on the Effective Date.
METHOD OF PAYMENT. The Client must provide a valid method of payment (credit card or other pre-arranged payment method) prior to and during any time the Client receives Service Provider’s Products and Services. The Renewal Fees will be due on the recurring Effective Date of the Renewal Period, and will be automatically debited from the Client’s method of payment prior to that date. The Client acknowledges and agrees that the Service Provider will not require any additional authorization for any recurring payments or automatic billing options.
Accounts are considered in default if the payment is not received within three (3) days after the effective date of the Renewal Period. The Service Provider may suspend or terminate use of the Service Provider’s Products and Services if the Client fails to provide a valid designated payment method upon request, or if the Service Provider is unable, for any reason, to bill charges to the Client’s designated payment method. If the payment is more than five (5) days past due, the Client will be liable for any fees Service Provider incurs in its efforts to collect any unpaid balances.
Any billing problems or discrepancies must be brought to Service Provider’s attention within thirty (30) days from the date the Client is billed. If Client fails to bring discrepancies to Service Provider’s attention within thirty (30) days, Client agrees to waive its right to dispute such problems or discrepancies with Service Provider.
ACCEPTABLE USE POLICY. The Client is solely responsible for the content of transmissions through the use of Service Provider’s Products and Services. The Service Provider does however, reserve the right to take any action with respect to the service that it deems necessary, or appropriate, in Service Provider’s sole discretion if it is deemed that the Client’s transmissions or use of the Hosted Services may create liability for Service Provider.
Client is solely responsible for all information, data, text, graphics, images, audio and video clips, software and links that Client transmits or posts using the Products and Services (collectively, “User Content”). Service Provider will not be liable for any use or disclosure of any User Content. Service Provider has no obligation to monitor Client’s use of the Hosted Services, or any User Content or other materials that you store or transmit using the Hosted Services. You acknowledge and agree that Service Provider has the right (but not the obligation), subject to applicable law, (a) to monitor your use of the Hosted Services and the materials you or any third party transmit, store, or receive; (b) to alter or remove any such materials; (c) to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Hosted Services properly; (d) to protect ourselves, our sponsors and other users; and (e) to comply with legal obligations or governmental requests.
The Client’s use of the Service Provider’s Products and Services 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, trafficking of obscene material, anti-discrimination or false advertising). The Client agrees: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Products and Services; (2) not to use the Products and Services for illegal purposes; and (3) not to use the Products and Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
TERMINATION. This Agreement shall remain effective until terminated in accordance with its terms. Service Provider may terminate this Agreement at any time and for any reason. Upon termination of this Agreement, Client’s account will be deactivated and your right to use the Hosted Services shall immediately cease. In no event will you be entitled to any refund or reimbursement of any fee(s) that you may have paid, regardless of the reason for any such termination.
NO WARRANTIES. SERVICE PROVIDER MAKES NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES SERVICE PROVIDER, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. SERVICE PROVIDER EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE PRODUCTS AND SERVICES FOR A PARTICULAR PURPOSE. Service Provider shall not be liable for any damages suffered by the Client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. Service Provider is not responsible for lost profits or for loss of data or information. Where Service Provider provides Products and Services to filter Web site content, the Service Provider makes a best effort to filter objectionable Web sites. THERE IS NO GUARANTEE AS TO RESPECT OF THE ACCURACY OF SUCH FILTRATION. Where Service Provider provides Products and Services to allow access to sanctioned Web sites, all content hosted on such sites may be allowed, unless otherwise indicated.
LIMITATION OF LIABILTIY. NEITHER SERVICE PROVIDER NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PRODUCTS AND SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PRODUCTS AND SERVICES IS TO STOP USING SUCH PRODUCTS AND SERVICES AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SERVICE PROVIDER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO USE THE PRODUCTS AND SERVICES.
ASSIGNMENT. Client may not assign its rights under this Agreement without Service Provider’s prior written consent. Service Provider may assign this Agreement at any time.
CHANGE OF TERMS AND CONDITIONS. Service Provider reserves the right to change the terms and conditions of this Agreement as needed. Use of Service Provider’s Products and Services by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change subscription rates and discontinue Products and Services at any time.
NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
GENERAL PROVISIONS. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force. This Agreement constitutes the entire Agreement between the Service Provider pertaining to its subject matter and supersedes all of our prior Agreements, representations, and understandings. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the Client, the individual purchasing Service Provider’s Products and Services represents that he or she is duly authorized to enter into this Agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to any recognized Arbitration Board located within the Commonwealth of Pennsylvania, before instituting litigation.
ACKNOWLEDGEMENT. BY CLICKING ON THE “Purchase Now” BUTTON LOCATED ON THE SERVICE PROVIDER’S PURCHASE PAGE, OR BY INSTALLING SERVICE PROVIDER”S PRODUCTS OR BY SUBMITTING PAYMENT INFORMATION TO SERVICE PROVIDER FOR SERVICE PROVIDER’S PRODUCTS AND SERVICES, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (3) THE INDIVIDUAL SO PURCHASING HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF CLIENT AND, BY SO CLICKING, THIS AGREEMENT CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF CLIENT.