KeptSafe.com Website Terms of Use and Conditions

Last Updated: April 2002

AGREEMENT BETWEEN YOU AND KEPTSAFE.COM

The KeptSafe.com Web Site is made up of various Web sites and Web pages operated by KeptSafe.com. This Terms of Use and Conditions applies to the KeptSafe.com Web Site and does not apply to the content of third parties.

The KeptSafe.com Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the KeptSafe.com Web Sites constitutes your agreement to all such terms, conditions, and notices.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at ../h/pp.htm for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular KeptSafe.com Web Site, or any product or service offered on any KeptSafe.com Web Site (each a “KeptSafe.com Site/Service”, and collectively “KeptSafe.com Sites/Services”) requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KeptSafe immediately of any unauthorized use of your account or any other breach of security. KeptSafe will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by KeptSafe or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

KeptSafe reserves the right to change the terms, conditions, and notices under which the KeptSafe.com Sites/Services are offered, including but not limited to the charges associated with the use of the KeptSafe.com Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the KeptSafe.com Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the KeptSafe.com Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the KeptSafe.com Sites/Services. Without the advance express written permission of KeptSafe.com, you may not ‘meta-search’ the KeptSafe.com Sites/Services, send, or cause to be sent, any automated queries of any sort to the KeptSafe.com Sites/Services, or use the KeptSafe.com Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any KeptSafe.com Sites/Services to determine how a web site “ranks” on any KeptSafe.com Sites/Services.

LINKS TO THIRD PARTY SITES

The KeptSafe.com Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of KeptSafe and KeptSafe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KeptSafe is not responsible for webcasting or any other form of transmission received from any Linked Site nor is KeptSafe responsible if the Linked Site is not working appropriately. KeptSafe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KeptSafe of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the KeptSafe.com Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. KeptSafe shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the KeptSafe.com Sites/Services, you will not use the KeptSafe.com Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KeptSafe.com Sites/Services in any manner that could damage, disable, overburden, or impair any KeptSafe.com Site/Service(s) (or the network(s) connected to any KeptSafe.com Site/Service(s)) or interfere with any other party's use and enjoyment of any KeptSafe.com Site/Service(s). You may not attempt to gain unauthorized access to any KeptSafe.com Site/Service, other accounts, computer systems or networks connected to any KeptSafe.com Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the KeptSafe.com Sites/Services.

USE OF SERVICES

The KeptSafe.com Sites/Services may contain e-mail services, bulletin board services, personal web pages, file cabinets and/or other message or storage facilities designed to enable you to store electronic data (collectively, "Storage Services"). You agree to use the Storage Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Storage Service. By way of example, and not as a limitation, you agree that when using a Storage Service, you will not:

KeptSafe has no obligation to monitor the Storage Services. However, KeptSafe reserves the right to review materials posted to a Storage Service and to remove any materials in its sole discretion. KeptSafe reserves the right to terminate your access to any or all of the Storage Services at any time, without notice, for any reason whatsoever.

KeptSafe reserves the right at all times to disclose any information as KeptSafe deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KeptSafe's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Storage Service. KeptSafe does not control or endorse the content, messages or information found in any Storage Service and, therefore, KeptSafe specifically disclaims any liability with regard to the Storage Services and any actions resulting from your participation in any Storage Service. Managers and hosts are not authorized KeptSafe spokespersons, and their views do not necessarily reflect those of KeptSafe.

Materials uploaded to a Storage Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO KEPTSAFE OR POSTED AT ANY KEPTSAFE.COM WEB SITE

KeptSafe does not claim ownership of the materials you provide to KeptSafe (including feedback and suggestions) or post, upload, input or submit to any KeptSafe.com Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting KeptSafe, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all KeptSafe.com Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a KeptSafe.com Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. KeptSafe is under no obligation to post or use any Submission you may provide and KeptSafe may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE KEPTSAFE.COM SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the KeptSafe.com Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of KeptSafe and/or its suppliers and is protected by copyright laws and international treaty provisions.

For any Software not accompanied by a license agreement, KeptSafe hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular KeptSafe.com Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Australia. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Australian export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KeptSafe.com SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE KeptSafe.com SITES/SERVICES AND TO THE INFORMATION THEREIN. KeptSafe AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KeptSafe.com SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE KeptSafe.com SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

KeptSafe AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE KeptSafe.com SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KeptSafe AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT KeptSafe SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN KeptSafe.com SITE/SERVICE. YOU SPECIFICALLY AGREE THAT KeptSafe IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT KeptSafe IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN KeptSafe.com SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL KeptSafe AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KeptSafe.com SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE KeptSafe.com SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KeptSafe.com SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE KeptSafe.com SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KeptSafe OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KeptSafe.com SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KeptSafe.com SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that KeptSafe may establish limits concerning use of any KeptSafe.com Service offered on an KeptSafe.com Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any KeptSafe.com Service, the maximum number of e-mail messages that may be sent from or received by an account on any KeptSafe.com Service, the maximum size of an e-mail message that may be sent from or received by an account on any KeptSafe.com Service, the maximum disk space that will be allotted on KeptSafe's servers on your behalf, and the maximum number of times and duration you may access any KeptSafe.com Service in a given period of time.

You agree that KeptSafe has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any KeptSafe.com Service. You acknowledge that KeptSafe reserves the right to log off accounts that are inactive for an extended period of time.

KeptSafe MAKES NO WARRANTY THAT ANY KeptSafe.com SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

KeptSafe reserves the right, in its sole discretion, to terminate your access to any or all KeptSafe.com Sites/Services and the related services or any portion thereof at any time, without notice.

KeptSafe may also terminate or suspend your access to KeptSafe.com Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by KeptSafe. The amount of time that KeptSafe currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the KeptSafe.com Site/Service, your right to use the KeptSafe.com Site/Service immediately ceases.

KeptSafe shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

KeptSafe will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay KeptSafe liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay KeptSafe's actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

This agreement is governed by the laws of Australia. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Australia. in all disputes arising out of or relating to the use of the KeptSafe.com Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KeptSafe as a result of this agreement or use of the KeptSafe.com Sites/Services. You agree to indemnify and hold KeptSafe, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable solicitors' fees, asserted by any third party due to or arising out of your use of or conduct on the KeptSafe.com Sites/Services. KeptSafe reserves the right to disclose any personal information about you or your use of the KeptSafe.com Sites/Services, including its contents, without your prior permission if KeptSafe has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of KeptSafe or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. KeptSafe's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KeptSafe's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KeptSafe.com Sites/Services or information provided to or gathered by KeptSafe with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KeptSafe with respect to the KeptSafe.com Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KeptSafe with respect to the KeptSafe.com Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the KeptSafe.com Web Sites are: Copyright (c) 2001 - 2002 KeptSafe and/or its suppliers. All rights reserved.



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