Safe Access

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Use Policy and Acceptable Use Policy

THIS AGREEMENT is effective as of the Subscriber account creation date (the "Effective Date") between the Subscriber and Safe Access ("Safe Access"). Safe Access agrees to provide web filtering, and Subscriber agrees to accept and utilize Safe Access's service, according to the terms of this Agreement.

1. Filtering. Subscriber understands the filtering technology is not 100% effective.

2. Service. Upon receipt and approval of this Agreement, Safe Access shall create Subscriber's account to enable Subscriber's access to the service plan or upgraded service plan selected by Subscriber below (the "Service"). Subscriber is responsible for all use of Subscriber's account and maintaining the confidentiality of Subscriber's password. Safe Access will suspend access or change access to Subscriber's account upon notification by Subscriber that his or her password has been lost, stolen or otherwise compromised. Subscriber shall remain liable for all charges incurred on Subscriber's account and Safe Access shall not be liable for any usage or charges prior to Safe Access making the necessary account alteration.

3. Technical Support. Safe Access will provide technical support consulting services via telephone, e-mail and web based forums to assist in establishing Subscriber's installation and use of the Service ("Technical Support"). Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support function or services, including, but not limited to, maintenance or repair of Subscriber's hardware. Technical Support will be provided at no charge to Subscriber if made directly to either Subscriber or Subscriber's technical contact. Under no conditions, however, will Technical Support be provided to both Subscriber and Subscriber's technical contact. Subscriber shall be charged at Safe Access's standard hourly rate, as may be changed from time to time, for services not designated as Technical Support or for any Technical Support provided to someone other than Subscriber or Subscriber's technical contact. Prior to requesting support services from Safe Access, Subscriber or Subscriber's technical contact agrees to ask Safe Access's customer support personnel if the requested support services qualify as Technical Support. Technical Support hours are posted on the Safe Access website. Technical Support hours are subject to change.

4. Equipment & Utilities. Subscriber shall provide its own computer and telecommunications equipment necessary to access the Service. Safe Access shall have no responsibility for any charges or tariffs related to any Subscriber telephone connection or on-line services of any entity accessed by or for Subscriber.

5. Term. This Agreement shall be effective on a calendar month to calendar month basis beginning on the Effective Date and continuing until terminated. This Agreement may be revoked by Safe Access at any time prior to the Effective Date.

6. Termination by Safe Access. Safe Access, at its sole business judgment, may terminate this Agreement immediately or suspend Subscriber's access to the Service upon any breach of this Agreement by Subscriber, including, but not limited to, refusal or failure to pay for Service or by sole judgment of Safe Access that Subscriber may be performing activities harmful to Safe Access or its other subscribers, employees, vendors, business relationships or any other users of the Internet. Safe Access may terminate this Agreement without cause upon thirty (30) days prior Notice.

7. Termination by Subscriber. Subscriber may terminate this Agreement upon: (1) thirty (30) days prior Notice and (2) payment of all subscription fees through the Notice period. Cancellations must be made in writing through email, fax, or postal letter. Email notifications must be to customercare@safeaccess.com.

8. Data. Subscriber understands and agrees that the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to Safe Access. Safe Access has no input whatsoever as to the content of Internet data accessed via the Service. Subscriber is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED "AS IS" AND AT SUBSCRIBER'S OWN RISK.

9. Limited Warranty. Safe Access warrants only that it shall, subject to the terms and conditions of this Agreement, provide Subscriber the Service. SUBSCRIBER AGREES THAT THE SERVICE IS BEING PROVIDED "AS IS, WITH ALL FAULTS ACCEPTED." SAFE ACCESS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. SAFE ACCESS FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM.

10. Limitation of Liability. SUBSCRIBER SPECIFICALLY AGREES THAT, IN NO EVENT, SHALL ANY LIABILITY TO SAFE ACCESS AS A RESULT OF THIS AGREEMENT AND THE PROVISION OF SERVICE HEREUNDER EXCEED SUBSCRIBER'S MONTHLY FEE OF ANY SINGLE MONTH DURING WHICH ANY CLAIM DERIVING LIABILITY AROSE. SAFE ACCESS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE.

11. Compliance & Indemnification. Subscriber agrees to use the Service in compliance with all applicable laws, and to upload and/or download files, if at all, only with the consent of the copyright or patent owner. Subscriber shall be charged for all costs incurred by Safe Access, including reasonable attorney fees, for any claim, loss, or damage arising out of Subscriber's use or misuse of the Internet. Subscriber specifically agrees to defend, indemnify, and hold harmless Safe Access, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Subscriber under this Agreement or its use of the Service.

12. Law. This Agreement shall be construed under the laws of the State of Arizona, Arizona courts shall have jurisdiction over this Agreement and the parties, and all litigation hereunder shall, to the extent possible, be in Arizona.

13. Notice. Notice shall be in writing and delivered by hand, electronic mail (e-mail), facsimile, or certified mail at the addresses set forth herein. Notice shall be effectively given upon receipt if delivered by hand, e-mail or facsimile, or, if given by certified mail, upon expiration of five (5) days after postmark.

14. Payment Terms. Payment of the selected Service is due monthly on the first day of each calendar month for that month's Service. If the Effective Date occurs on other than the first day of a month and fewer than the Service hours are accessed that first month, then the fee for that month shall be pro-rated. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE, IN ADVANCE, ON OR ABOUT THE FIRST DAY OF EVERY MONTH FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. A fee of $25 will be assessed for (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of service terminated for non-payment. Payment is late after the first (1st) day of the month. Safe Access may change any fee, rate, or plan upon thirty (30) days Notice.

15. Payment Method. SUBSCRIBER HEREBY AUTHORIZES CHARGES TO BE MADE TO THE IDENTIFIED CREDIT CARD EACH MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY SAFE ACCESS AFTER NOTICE TO SUBSCRIBER. Payment may be made by check for a purchase order only by key accounts and only upon prior authorization by Safe Access. Subscriber additionally authorizes periodic verification of credit worthiness. Safe Access, in its sole discretion and judgment, may discontinue credit at any time without notice.

16. Force Majeure. Safe Access shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, or any other third party telecommunications providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the reasonable control of Safe Access.

17. Waiver. No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.

18. Successors and Assigns. This Agreement is not assignable or delegable in whole or in part by Subscriber without the express written consent of Safe Access. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of Safe Access, and permitted assigns of Subscriber.

19. No Resale. The Service provided hereunder is limited to Subscriber and may not be resold in any manner whatsoever unless Subscriber selects a reseller plan and Safe Access provides written acceptance of Subscriber's selection of a reseller plan.

20. Modification/Amendment. This Agreement may be amended or modified from time to time upon Notice to Customer in Safe Access's sole discretion. This Agreement shall not be supplemented or modified by any course of dealing or other trade usage.

21. Entire Agreement. These terms and conditions constitute the entire agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by Safe Access upon thirty (30) days Notice. Any changes or amendments to this Agreement shall be set forth at http://www.safeaccess.com/ This Agreement may not be amended by Subscriber except by a writing signed by both parties hereto.

SAFE ACCESS, Inc. ACCEPTABLE USE POLICY

1. INTRODUCTION
The Safe Access Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Safe Access Internet service (the "Services")-those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Members")-must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Safe Access may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. . BY APPLYING FOR THIS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.

Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your Safe Access account. Other actions that may be taken are contained in section 4 below. This AUP should be read in conjunction with our Internet Service Agreement and other policies.

Safe Access, Inc. is a filter service which makes a reasonable effort to ensure that each user has the tools needed to help filter out unwanted Internet content from their homes. To this end, the blocked site list is updated every 24 hours in an effort to stay current with changes occurring on the Internet. To help us make our filtering service the best that it can be we ask that our users advise us of any website that they become aware of and which they find "offensive" while surfing the Internet with filters on. All such "offensive" sites submitted by users will be reviewed, and at the sole and unlimited discretion of Safe Access, Inc., the site or may or may not be added to the blocked site list. Customers may also email our filtering department if they feel a site has been blocked in error. We will review that site and unblock it if it is indeed blocked in error and contains no questionable content.

The Services are provided by Safe Access and are conditioned upon and subject to your compliance with the terms of this Agreement.

1. VIOLATIONS OF THE SAFE ACCESS ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

a. Reselling the Services: Reselling the Services without Safe Access's authorization. Such activities will be prosecuted to the fullest extent of the law.

b. Multiple Logins: Subscribers are allowed to use their account on multiple computers within their home but shall not exceed 3 computers. Subscribers who exceed the 3 computer limit with the same account login will immediately have their account frozen and will incur a $10 reconnect fee.

c. Unsolicited Commercial Email (UCE)/Unsolicited Bulk Email (UBE): Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited. Subscribers who send UCE or UBE will be charged a minimum $250 fine for each violation.

2. REPORTING VIOLATIONS OF SAFE ACCESS'S AUP
Safe Access requests that anyone who believes that there is a violation of this AUP direct the information to Director-Abuse Department, at: abuse@safeaccess.com If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zone or offset from GMT
  • Evidence of the alleged violation

Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information. Safe Access may take any one or more of the following actions in response to complaints:

  • issue warnings: written or verbal
  • suspend the Member's account
  • terminate the Member's account
  • bill the Member for administrative costs and/or reactivation charges
  • bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

3. REVISIONS TO THIS ACCEPTABLE USE POLICY
Safe Access reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.

Rev. 11/10/04


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