READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED CONTRACT SIGNED BY YOU.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU WILL NOT BE ABLE TO USE THE SEARCH SENTRY WEBSITE FILTERING SOFTWARE AND YOUR ACCOUNT WILL BE CANCELED.
YOUR USE OF THE SEARCH SENTRY WEBSITE FILTERING SOFTWARE SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. Agreement (a) Acceptance of these Terms and Conditions This Terms and Conditions document (these "Terms and Conditions") is a legal agreement between you the purchaser ("you" or "Licensee") and SearchSentry, which contains the terms and conditions that must be complied with if you purchase and download or otherwise access or use the Search Sentry Website Filtering Software, including any accompanying written or text materials and any upgrades (collectively the "Software"). These Terms and Conditions also apply to any and all other related or bundled software, products, and/or suites, and their accompanying materials, and the terms and conditions of same are incorporated herein by reference. Your acceptance of these Terms and Conditions constitutes the acceptance of the terms and conditions associated with all related or bundled software, products, and/or suites, and you are bound by these Terms and Conditions. You should refer to the respective agreements associated with any related or bundled software, products, and/or suites for details regarding their specific terms and conditions. Furthermore, each of the following acts by Licensee, its employee or agent, shall constitute acceptance of these Terms and Conditions and Licensee's agreement to be bound hereby: (a) loading or installing by any means any of the executable files, DLLs or data files of SearchSentry into memory or virtual memory of any computer; (b) clicking to signify acceptance of these Terms and Conditions via SearchSentry online licensing acceptance screen or any similar screen; (c) clicking to signify acceptance of these Terms and Conditions via SearchSentry installation routine; (d) delivering a signed copy of these Terms and Conditions to SearchSentry. Licensee shall have no rights to any possession, use or transfer of the Software unless you have accepted the terms and conditions of these Terms and Conditions and agreed to be bound thereby. IF YOU INSTALL OR OTHERWISE USE THE SOFTWARE, YOU THEREBY ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
(b) Applicability Notwithstanding anything to the contrary, if you receive the Software, whether by a purchase agreement through SearchSentry.com or through a third party, these Terms and Conditions shall apply; no third party agreement shall supersede these Terms and Conditions. These Terms and Conditions are separate and apart from any agreement that you may have with or through a third party and you shall be entitled to use the Software notwithstanding any agreement that you have with a third party as long as you are not in default of these Terms and Conditions. You agree to advise SearchSentry.com of your current mailing and e-mail address and will notify SearchSentry.com via e-mail of any changes to your addresses.
(c) Rejection of these Terms and Conditions IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN SEARCHSENTRY.COM IS NOT WILLING TO LICENSE THE SOFTWARE TO YOU. You must promptly and permanently delete/uninstall, or cause to be deleted/uninstalled all copies of the Software from your computer or any other device. Your account will be canceled and you will not be entitled to use the Software and YOUR ACCESS TO THE INTERNET MAY BE RESTRICTED UNTIL YOU UNINSTALL THE SOFTWARE.
2. License Grant SearchSentry.com licenses to you one copy of the Software which entitles you to down load, install and use the Software on one computer that you own, only upon the condition that you accept these Terms and Conditions ("License"). You are not granted approval to down load the software onto any computer you do not own.
3. Use Limitations (a) Single Machine You may use the licensed copy of the Software on one computer that you own. The Software is "in use" on a computer when it is loaded into temporary memory (e.g., RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device). Use of the Software does not permit you to transfer the Software to anyone else's computer or other device. If you wish to use or install the Software on more than one computer, you must purchase additional Licenses for each additional computer. The Software may not be used on a remote access arrangement (by two (2) or more different people in two (2) or more different locations at the same time without an additional License.
(b) Multiple Machines In the event that you have purchased an enterprise License to use the Software on multiple machines, then the Software may be used on any such approved computer network or other group of computers. For any multiple user or remote access arrangement you may need to agree to the terms of a separate enterprise License from SearchSentry.com, at SearchSentry.com's sole discretion.
(c) Non-transfer (i) You may not rent or lease the Software. You may not sublicense, assign, or transfer the License or the Software. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or responsibilities hereunder is void and your account will be subject to termination without recourse or notification by SearchSentry.com.
(d) Reverse Engineering Prohibited You may not reverse engineer, decompile, recompile, create derivative works, modify, translate, disassemble, or make any attempt to discover the source code for the Software.
4. Ownership CleanInter.net, Inc. (Chesterton, Indiana, United States of America) owns the web site www.SearchSentry.com and all copyright and other intellectual property rights in the web site and the Software, including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and on the web site www.SearchSentry.com and the accompanying printed materials on site. Under these Terms and Conditions you receive only a limited right to use the Software. The Software, website and any accompanying printed materials or brands are protected both by United States and international laws and treaty provisions.
(b) No Copies EXCEPT AS PROVIDED FOR IN SUBSECTION 3(b), YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE, OR ANY COPY, MODIFICATION, OR PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
5. Term (a) Commencement; Continuation Your License shall commence the date when you accept these Terms and Conditions and have signed up for the Software and have successfully tendered payment, and is effective until terminated by SearchSentry.com for any or no reason or you chose to cancel your account or your payment is not successfully made.
(b) Auto-renewal You agree that your License shall auto-renew on the day of the month which you purchased the Software or the date you changed to another payment plan, thereby granting SearchSentry.com to charge your credit card without further approval on your part as long as you have not canceled your account. Thus your account will auto-renew based upon the term of purchase you selected at the time of sign up or if you choose to change the term at any time, your account will auto- renew for that new period. This is meant to be of help to you, so your filtering account will remain active with out you having to take your time to renew.
If your License is terminated for failure to renew or comply with the terms of these Terms and Conditions, or for any reason, you may reinstate the License by opening a new account with a new user name.
(c) Termination (i) You may terminate/cancel your License at any time. You must do so by providing the information required to insure you are the account holder.
You agree to honor the payment term of these Terms and Conditions even if you cancel before the term period has been completed. There will be no refunds.
(ii) The License will also terminate automatically upon your failure to comply with the provisions of these Terms and Conditions. If the License terminates or expires due to non- payment, then SearchSentry.com may disable the application of the Software and place your account on hold and/or cease providing services to you.
(iii) All accounts are auto-renewed and you are granted a fourteen (14) day grace period to bring your account to good standing in case your credit card on file was declined at time of the auto- renewal without penalty or interruption of service. Thereafter, your account will be discontinued if you have not brought your account up to date by tendering payment due.
(iv) It is YOUR responsibility to contact SearchSentry.com to uninstall the filter software program from any and all computers on which you have installed the Software.
NOTE: Once your account is canceled or otherwise disabled for nonpayment or after the 14 day grace period and you have NOT uninstalled the filter software, you may be unable to access the internet and your emails since the Software operates between your computer and the internet. So be sure to uninstall.
By agreeing to these Terms and Conditions you accept and agree it is YOUR responsibility to contact SearchSentry to uninstall the Software BEFORE your account is terminated. If your account is terminated and the Software is not uninstalled, you hereby agree to hold SearchSentry.com harmless and you accept full responsibility.
(d) Cancellation Notwithstanding the foregoing, these Terms and Conditions will automatically renew for successive terms as you have chosen unless you cancel your account. If you cancel, your account will be terminated/closed and no refund will be issued.
Any portion already paid by you will not be refunded upon your notice to cancel.
YOU AGREE to be fully responsible for uninstalling, or causing to be uninstalled, the Software from all computers. YOU AGREE to take 100% responsibility and hold harmless SearchSentry.com in the event that you do not uninstall the Software from all computers before canceling and thus such non removal of the Software from your computer results in you being unable to access your email or the internet as the Software operates between your computer and the internet, filtering all traffic between your computer and the internet.
6. No Warranties (a) Licensee Responsible for Installation and Use You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use, and results obtained from your use of the Software.
(b) No Performance Warranty (i) THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
(ii) SEARCHSENTRY.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. ALL EFFORTS ARE MADE TO INSURE A SMOOTH WORKING SOFTWARE PRODUCT, YET SHOULD THE PROGRAM PROVE DEFECTIVE YOU AND NOT SEARCHSENTRY.COM ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION AND HOLD SEARCHSENTRY.COM HARMLESS THEREFOR.
(iii) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
(iv) SEARCHSENTRY.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOU'RE REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
(c) No Other Warranty SEARCHSENTRY.COM DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE PHYSICAL MEDIA ON WHICH IT WAS OBTAINED AND/OR ELECTRONIC DOWNLOAD SITE.
7. Limited Warranty (a) Software Performance Notwithstanding anything in these Terms and Conditions to the contrary, if you follow the instructions and the Software is properly licensed and installed, the following limited warranty will apply: the Software will perform substantially as described at SearchSentry.com or in the SearchSentry materials that you receive in or with the Software.
(b) Limited Warranty Period This limited warranty covers the Software for thirty (30) days after it is properly licensed.
(b) Limited Warranty Exclusion This warranty does not cover problems caused by your acts or failures to act, the acts of others, or events beyond the reasonable control of SearchSentry.com.
(c) Notice of Claim If during the limited warranty period set forth above you notify SearchSentry.com in writing of a breach in the limited warranty in this Section 7, SearchSentry.com will repair or replace, at SearchSentry.com's option, the Software at no charge. If SearchSentry.com cannot repair or replace it, SearchSentry.com will refund the amount shown on your receipt for the Software. You must make sure the Software is uninstalled and return any media and other associated materials to SearchSentry.com with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
(d) You may have additional consumer rights under your local laws, which these Terms and Conditions cannot change.
(e) You need proof of purchase for warranty service. For warranty service or information about how to obtain a refund for the Software, contact SearchSentry.com at 1.____________, or visit www.SearchSentry.com. Limited Warranty support is available weekdays 8am to 5pm Central Time.
(f) THIS LIMITED WARRANTY IS THE ONLY WARRANTY FROM SEARCHSENTRY.COM. IF YOUR LOCAL LAWS GIVE YOU ANY IMPLIED WARRANTIES OR GUARANTEES OTHER THAN THOSE SET FORTH IN THESE TERMS AND CONDITIONS, THEY WILL BE (TO THE EXTENT PERMITTED BY LAW) LIMITED TO TERM OF THIS LIMITED WARRANTY.
8. Limited Remedies (a) Limitation of Liability The entire liability of SearchSentry.com and your exclusive remedy shall be, at the option of SearchSentry.com, another down load from the site www.SearchSentry.com or a prorated refund.
(b) Disclaimer of Damages IN NO EVENT WILL SEARCHSENTRY.COM BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SEARCHSENTRY.COM AND/OR ITS AUTHORIZED AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
ADDITIONALLY, IN NO EVENT WILL SEARCHSENTRY.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR ANY FAILURE OR ALLEGED FAILURE OF THE SOFTWARE TO PERFORM.
FURTHER, IN NO EVENT WILL SEARCHSENTRY.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR DISTRESS, OR ANY OTHER EMOTIONAL EFFECTS, ARISING OUT OF THE USE OF THE SOFTWARE OR ANY FAILURE OR ALLEGED FAILURE OF THE SOFTWARE TO PERFORM.
IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE- SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
(c) Rights Under Provincial Law SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Taxes You agree to pay (and to reimburse SearchSentry.com on request if SearchSentry.com is required to pay any sales, use, value added (VAT), consumption, or other tax or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on your purchase of the Software, the License, or your use of the Software.
10. Default You agree that SearchSentry.com retains the right, in its sole discretion, to determine whether you are in violation of these Terms and Conditions, or any other associated agreement or any online policies. You agree that, if SearchSentry.com determines that you are in violation of these Terms and Conditions, any restriction or termination of these Terms and Conditions will be effective immediately, without prior notice. You agree that SearchSentry.com , its employees, agents, subcontractors, officers, directors, or suppliers will have no liability to you for any restriction or termination of these Terms and Conditions pursuant to such violation. You agree that certain violations, such as violating your License by sharing the Software with another party other than as provided herein may constitute fraud or theft of services for which SearchSentry.com expressly retains (i) all rights set forth herein, including the right to terminate these Terms and Conditions and any other related agreement, (ii) all legal and equitable remedies against you, and (iii) in addition to and not in derogation of all other remedies available to SearchSentry.com, SearchSentry.com shall have the right to impose an administrative/ investigative charge to you, in SearchSentry.com's sole discretion, for each such infraction.
11. Amendment SearchSentry.com reserves the right, at its discretion, to update, revise or otherwise amend these Terms and Conditions and any policy or related agreement or printed material at any time without notice by posting an updated version on-line at www.SearchSentry.com. You are responsible for checking them online. Your continued use of the Software following the posting of any changes to these Terms and Conditions constitutes acceptance of such changes. Otherwise, no waiver, amendment, supplementation or modification of any provision of these Terms and Conditions will be effective, except pursuant to a written instrument signed by SearchSentry.com.
12. General (a) Governing Law These Terms and Conditions shall be governed and construed in accordance with the laws of the United States of America and Canada without reference to the United Nations Convention on Contracts for the International Sale of Goods. You agree the venue for any dispute arising out of these Terms and Conditions or the use of the Software shall be commenced in the courts located in or with jurisdiction over the County of Porter, State of Indiana, USA.
(b) Ad Placement You consent and irrevocably agree to the placement by SearchSentry.com of any and all advertisements, pop-ups, banners, charts, graphics, text, images, or other messages in any form or format, by SearchSentry.com or any other party to whom SearchSentry.com believes may be of interest to you on the Software, reports, and/or other documents, screens and/or other displays generated by, or associated with the Software and/or a product.
(c) Severability If any provision of these Terms and Conditions is found void or unenforceable, it will not affect the validity of the balance of these Terms and Conditions, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in full force and effect.
(d) Acknowledgment and Exclusivity YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND HEREBY. YOU FURTHER AGREE THAT THESE TERMS AND CONDITIONS ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SEARCHSENTRY.COM AND THEY SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS.
(e) Purchaser Questions Should you have any questions concerning these Terms and Conditions, or if you desire to contact SearchSentry.com for any reason, please email us at the contact address at SearchSentry.com. Or you may write to us at: SearchSentry.com, P.O. Box 964, Chesterton, IN 46304 USA, Attn: Administration Department.
(f) Open Source Code Where necessary and in the sole opinion of SearchSentry.com, it shall use Open Source Code in the creation, upgrade, and updates to the Software. You acknowledge and agree to the use of same and further understand that any changes to Open Source Code shall be published as required.
(g) Export Restrictions The export and re-export of the Software, which has been designed, built and tailored, in part, to specific requirements of/for SearchSentry.com, are controlled by export control laws and regulations, and the Software may not be exported or re-exported to any country or entity to which such export or re-export is prohibited. Licensee certifies that it is not a national of any country to which the Unites States of America embargoes goods, and is not a person prohibited by law from receiving and using this Software.