These Terms of Service govern the use of the SafeCenter website and its services. The term "SafeCenter" is used to refer to SafeCenter Inc. The term "account" refers to the access, content, and services that SafeCenter provides to its users. By activating a SafeCenter account and becoming a user you agree to these Terms of Service. SafeCenter reserves the right to cancel any account, including files and content, for any reason, or no reason at all, at any time. You agree to maintain back-up files of all information you post on SafeCenter and you agree that SafeCenter will have no liability for removing any data you have posted. TECHNICAL SUPPORT Technical support e-mails sent to info@SafeCenter.Net are monitored Sunday from 10:00 a.m. till 7:00 p.m.; Monday – Thursday from 8:00 a.m. till 12:00 a.m.; and Friday from 9:00 a.m. till 6:00 p.m. The average response time for premium support requests is 12 hours. CANCELLATIONS AND BILLING • Accounts are billed on a monthly basis. If you choose to cancel, you will be billed for that entire month of service. Accounts are billed in advance (i.e. – if you open an account on March 1, you will pay for service for the month of March on March 1). • Setup fees are nonrefundable. CONTENT •SafeCenter reserves the right to access and review its user’s content, files, or web pages for any reason at its sole discretion. •SafeCenter does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by SafeCenter. •SafeCenter does not endorse any content contained within it's user's pages. •SafeCenter will cooperate with all law enforcement efforts pertaining or involving the use of SafeCenter's user's web space and content. This may result in SafeCenter disclosing all information given to SafeCenter including but not limited to information contained in user's profiles. INAPPROPRIATE CONTENT SafeCenter does not permit any of the following types of content: •nudity, pornography, anything of a sexual, lewd, or obscene nature •violations of any copyright or any other right of any third party •threatening, abusive, harassing, defamatory statements •promotion of illegal activities (info on hacking, cracking, making illegal devices, etc) •information, instructions, or software containing or about any kind of virus •hate speech or hate propaganda •use of user web space as storage for the purpose of loading remotely •use of user web space as a doorway, signpost, or gateway to another website •content that links to content that violates SafeCenter's Terms of Service in any way •misrepresentation of user's identity, or the impersonation of anyone, including SafeCenter personnel •collection of personal information for illegal purposes •content that is deemed by SafeCenter, in its sole discretion, to be harmful to SafeCenter, another company or organization, or individual •solicitation or sale of any products or services that are harmful, illegal, dangerous, pornographic, or indecent •use of web space for spamming, web bombing, etc. USER NAME RESTRICTIONS SafeCenter user name restrictions are as follows: •No vulgar or offensive language •No use of a name other than your own •No use of a name that is an organization or entity other than your own •No use of a name that is trademarked, copyrighted, service marked, or violates the rights of another individual or organization ACCOUNT USAGE General SE users do not have the ability to use a unique domain name. BANDWIDTH LIMITATIONS General SE Users are limited in bandwidth to 68 MB a day and 2 gigs per month. Once the daily limit of 68 MB a day is reached the web site and contents will no longer be served for the remainder of that day. E-MAIL COMMUNICATION SafeCenter users agree to receive updates and newsletters in email as SafeCenter decides to send them. Additionally, users agree to receive email twice a week at the most about a product or service that might be of interest from an advertiser. TERMINATION OF SERVICE Actions that may cause termination of account: •Purposely circumventing the receiving of emails •Posting or providing links to content that violates these Terms of Service •Using an account that is not yours or is inactive •Sending unsolicited (bulk, spam) email from or referencing your space •Reproduction or use of another user's content without permission •Reproduction of any SafeCenter.Net content (CodeBank, Forum Messages, Articles) LIMITATIONS OF LIABILITY a)SafeCenter IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SafeCenter EXPRESSLY DISCLAIMS ALL 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. b)SafeCenter MAKES NO WARRANTY THAT (i) SafeCenter WILL MEET YOUR REQUIREMENTS OR THAT, (ii) SafeCenter WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, c)ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SafeCenter IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d)NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SafeCenter SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SafeCenter SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SafeCenter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SafeCenter; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You agree to indemnify and hold SafeCenter, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on SafeCenter your use of SafeCenter, your violation of these Terms of Service, or your violation of any rights of another. These Terms of Service constitute the entire agreement between you and SafeCenter and govern your use of SafeCenter, superceding any prior agreements between you and SafeCenter. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and SafeCenter shall be governed by the laws of the Commonwealth of Virginia. You and SafeCenter agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia. The failure of SafeCenter to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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