The use of services from ChildGuard, LLC constitutes agreement to these terms.
This ChildGuard, LLC Terms of Service (this " Agreement ") and the ChildGuard, LLC Acceptable Use Policy (" AUP ") govern your purchase and use of all ChildGuard, LLC services (collectively, the " Services "), as described in the Order Form(s) submitted by you and accepted by ChildGuard, LLC (“Service Order”). Acceptance of any terms or conditions different from those contained herein by ChildGuard, LLC will not be deemed by provision of service, but only by electronic or written signature of an officer of ChildGuard, LLC. You must register and accept the terms of this Agreement and the AUP in order to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. ChildGuard, LLC may modify any of the terms and conditions contained in this Agreement and the AUP, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the ChildGuard, LLC web site (the " Site "). Your continued use of the Services following ChildGuard, LLC posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify ChildGuard, LLC of your termination of this Agreement in the manner described below.
Term and Payment for Services
Term. This Agreement will be for an initial “Term “of 1 month from the date the Services are first provided by ChildGuard, LLC. This Agreement will be automatically renewed (the " Renewal Term ") at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless you provide ChildGuard, LLC with written notice of termination at least 3 days before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit a ticket to the Billing department via the "Contact Us" form to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by ChildGuard, LLC.
Termination
This Agreement may be terminated: (i) by you or ChildGuard, LLC during any Renewal Term, without cause, by giving the other party no less than 30 days prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by ChildGuard, LLC ; (ii) by ChildGuard, LLC in the event of nonpayment by you as provided in Section 1.4 below; and (iii) by ChildGuard, LLC, at any time, without notice, if, in ChildGuard, LLC sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if ChildGuard, LLC terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts you owe to ChildGuard, LLC under this Agreement.
Charges.
You will pay all charges for your use of the Services at the then current ChildGuard, LLC prices for that category of service or any special offer applicable to your account as determined by ChildGuard, LLC. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on ChildGuard, LLC net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of ChildGuard, LLC.
Domain Names
Domain names that have been bought through our hosting company belong to ChildGuard, LLC . There is a $ 35 dollar fee to transfer the domain name.
Payment.
You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in advance on the anniversary day of each month. You must pay for the Services by credit card. You authorize ChildGuard, LLC to charge your credit or debit card to pay for any charges that may apply to your account. You must notify ChildGuard, LLC of any changes to your card account (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit ChildGuard, LLC from charging your account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying ChildGuard, LLC to suspend its performance and terminate this Agreement. If ChildGuard, LLC terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to ChildGuard, LLC under this Agreement. You are responsible for any costs ChildGuard, LLC incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. To reinstate Services, you must pay for 3 months of Service in advance on the first day such Services are reinstated and any fees associated with reinstating Services.
.Refund and Disputes.
All payments to ChildGuard, LLC are nonrefundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred to our billing department. If you dispute a charge to your credit card issuer that, in ChildGuard, LLC sole discretion is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay ChildGuard, LLC an "Investigation Fee" of $100.00. If you put in a paypal dispute we have the right to terminate your account right away no matter if the dispute is resolved plus we have the right to charge a "Investigation Fee" of $100.00. If you chargeback your credit payment we have the right to terminate your account right away no matter if the dispute is resolved plus we have the right to charge a "Investigation Fee" of $100.00 + $35 chargeback fee.
Use of Services.
Acceptable Use Policies. The AUP governs the general policies and procedures for use of the Services. The AUP is posted on the site at (or such other location as ChildGuard, LLC may specify) and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. ChildGuard, LLC MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Security.
You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, ChildGuard, LLC will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting ChildGuard, LLC or any of its other customers.
Intellectual Property Rights.
Your Warranties and Representations to ChildGuard, LLC. You warrant, represent, and covenant to ChildGuard, LLC that: (a) you are at least 18 years of age if an individual, (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
IP Numbers.
ChildGuard, LLC will maintain and control ownership of all Internet protocol (" IP ") numbers and addresses that ChildGuard, LLC may assign to you. ChildGuard, LLC may, in its sole discretion, change or remove any and all IP numbers and addresses.
Third Party Products.
ChildGuard, LLC may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships ChildGuard, LLC has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by ChildGuard, LLC and not by the Third Party Vendor. Neither ChildGuard, LLC nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM ChildGuard, LLC OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ChildGuard, LLC NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND ChildGuard, LLC WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Enforcement Actions.
ChildGuard, LLC reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of ChildGuard, LLC your server is the source or target of any violation of the AUP or for any other reason which ChildGuard, LLC chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate ChildGuard, LLC to monitor or exert editorial control over the information made available for distribution via the Services. If ChildGuard, LLC takes corrective action because of a possible violation, ChildGuard, LLC will not refund to you any fees you paid in advance of the corrective action.
Disclosure Rights.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that ChildGuard, LLC may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, ChildGuard, LLC shall have the right to terminate all service set forth in this Agreement.
Disclaimed Warranties.
ChildGuard, LLC exercises no control over, and accepts no responsibility for, the content of the information passing through ChildGuard, LLC host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. ChildGuard, LLC DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. ChildGuard, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation and Exclusion of Liability.
IN NO EVENT WILL ChildGuard, LLC OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER ChildGuard, LLC NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO ChildGuard, LLC OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ChildGuard, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF ChildGuard, LLC AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ChildG
uard, LLC UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ChildGuard, LLC UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE ChildGuard, LLC AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.
Interruption of Service.
ChildGuard, LLC and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, ChildGuard, LLC is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).
Indemnification.
In agreeing to the ChildGuard, LLC AUP and this Agreement, you agree to indemnify, defend and hold harmless ChildGuard, LLC, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to ChildGuard, LLC, or (b) the bringing of any claim against ChildGuard, LLC by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if ChildGuard, LLC is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against ChildGuard, LLC, its employees, directors, partners, representatives and affiliates, plus all costs and attorney's fees.
MISCELLANEOUS PROVISIONS.
ChildGuard, LLC and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of ChildGuard, LLC, and any attempted assignment or delegation without such consent will be void. ChildGuard, LLC may assign this Agreement in whole or part. ChildGuard, LLC also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and ChildGuard, LLC are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and ChildGuard, LLC. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
Content
All services provided by ChildGuard, LLC may only be used for lawful purposes. The laws of the State of Michigan, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless ChildGuard, LLC from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include:
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Podcast - Or files for download for podcasts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners
Examples of unacceptable material on all Dedicated servers include:
IRCD (irc servers)
IRC Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam Scripts
Escrow
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
ChildGuard, LLC services, including all related equipment, networks and network devices are provided only for authorized customer use. ChildGuard, LLC systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of ChildGuard, LLC system(s) constitutes consent to monitoring for these purposes. ChildGuard, LLC may login to your account and delete any files we deem breaking our TOS without notice.
Survival.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.