Terms and Conditions

This is the KidzFuture.com Agreement. Please read the following very carefully. By signing up as a member with KidzFuture.com, and/or by using this site, its products, corporate solutions and services you hereby agree to the following TERMS AND CONDITIONS and all associated policies. If you do not agree to the terms and conditions, you must stop using this site, as these are legally binding and will affect your right regarding information and articles you post. This agreement may change from time to time and you can find the latest version in this page.

This web site provides you with access to a rich collection of resources, including, but not limited to, various communications tools, forums, blogs and reviews, along with items that may be bought or sold ( all of which maybe referred to as "service" and/or "services"). By using the services available from the domain and sub-domains of www.KidzFuture.com (the "site" or "web site"), you are agreeing to the following terms, including the general principles of websites of our subsidiaries. This Web Site is provided to you under these "Terms and conditions" and any amendments or supplements to them that may be posted by KidzFuture.com, (hereafter, maybe referred just as "KidzFuture.com" or "KidzFuture.com" or "company") from time to time (collectively referred to as this "Agreement"). Your use of this Web Site and the services provided, shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Compliance With Laws
You agree to comply with all applicable local, national and international laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission. Without exception, under all circumstances, KidzFuture.com cannot be held responsible for your non-compliance to any of the applicable laws.

Disclaimer
KidzFuture.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR BUSINESS MAY SUFFER. KidzFuture.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. KidzFuture.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY KidzFuture.com AND ITS EMPLOYEES. KidzFuture.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANYONE ELSE. HOWEVER, KidzFuture.com MAY ASSIGN THE MEMBER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE MEMBER. KidzFuture.com RESERVES RIGHT TO CANCEL MEMBERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.

Limitations of Liability
You will not hold KidzFuture.com responsible for other users' actions or inactions, including things they post.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KidzFuture.com SHALL NOT BE LIABLE TO YOU 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 KidzFuture.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(1) THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THIS WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.

Regardless of the previous paragraphs in this section, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 6 months prior to the action giving rise to the liability, and (b) $100.

Indemnification
You agree to indemnify and hold harmless KidzFuture.com, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.

MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the specific Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify KidzFuture.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KidzFuture.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not KidzFuture.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via this site. KidzFuture.com does not control the Content posted in this site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will KidzFuture.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available in this site.
You agree to NOT to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a KidzFuture.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.
15. use the Site if you are not able to form legally binding contracts, are under the age of 18
16. circumvent or manipulate our payment structure, the billing process, or in certain cases fees owed to KidzFuture.com

You acknowledge that KidzFuture.com may or may not pre-screen Content, but that KidzFuture.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available in this site. Without limiting the foregoing, KidzFuture.com and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that KidzFuture.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of KidzFuture.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Specific rules for Forum posters

As a KidzFuture.com member it's your responsibility to follow all the rules mentioned under 'USER CONDUCT" section above, as well as the following specific rules. We may exclude you from further use of the KidzFuture.com site if you fail to follow any of the rules. All reasons for being happy or unhappy that you post will be considered as "content".

  • As mentioned earlier, you must have all necessary rights to publish the content you submit to the KidzFuture.com site and YOU are responsible for making sure you don't violate any copyright, trademark, trade secret, patent or other rights or the privacy of others', including the right to transmit the content you provide to the KidzFuture.com site including complying with all laws, statues and regulations.
  • If the content you post is not your own original experience or work, you must have explicit permission in writing from the copyright owner.
  • You accept that KidzFuture.com and any other user of KidzFuture.com can review and use the content you submitted in accordance with these terms.
  • You accept that KidzFuture.com reserves the right to approve or disapprove any content you post without any explanation.
  • You must not intentionally or unintentionally violate any applicable local, state, national, or international law, statute or regulation. 

    ACCEPTABLE USE POLICY: (AUP)

    System and Network Security

    Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Company investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

    Examples of system or network security violations include, without limitation, the following:

    1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
    2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
    3. Executing any form of network activity that will intercept data not intended for the Customer's server.
    4. Circumventing user authentication or security of any host, network or account, including “cracking.”
    5. Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
    6. Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
    7. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
    8. Failing to comply with the Company's procedure relating to the activities of Customers on the Company's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $200.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.

    Child Pornography

    Company will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over Company network, and will be liable for illegal material posted by their clients.

    According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
    Violations of the Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.

    Hosting Policy

    Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:

    * Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this AUP.
    * Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
    * Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
    * Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
    * Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (“phishing”) is not permitted.
    * Spamvertised Sites. Hosting web pages advertised by spam sent from another network (“spamvertised”) is not permitted.


    Email Policy

    Email Spam. Company has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from our network.
    Block Removal. If Customer actions have caused Company mail servers or Company IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

    * Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
    * Header Forgery: Forgery of email headers (“spoofing”) is prohibited.
    * Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
    * Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

    Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

    Mailing Lists: Company's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.


    Fraud Policy

    By agreeing to this AUP, Customer affirms that the contact and payment information provided to Company identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.

    Usenet Policy

    E Usenet posts must conform to standards established by the Internet community. Prohibited acts include, but are not limited to, the following:

    * Posting of articles and/or URLs for commercial purposes, except where permissible by the charter or FAQ of that particular group and adhering to the topic of said group.
    * Posting of binary files to groups who do not allow for binary posts in the charter of by the name of the group.
    * Excessive cross-posting and/or excessive multi-posting, considered to be the equivalent of Usenet spamming. Company reserves sole authority of determining posts constituting excessive cross- or multi-posted.
    * Canceling of posts other than Customers own posts.
    * Using auto-responders or cancel-bots.
    * Unauthorized creation, cancellation, or removal of newsgroups.

    Note: While legitimacy of a posting is generally determined by a moderator, Company reserves sole authority of determining post legitimacy.

    Violations of the AUP will result in the following:

    * A warning notification via email, or telephone with 48 hours notice for resolution.

    48 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame.

    Failure to resolve the AUP violation within 48 hours will result in any or all of the following:

    * Removal of the violating content or service
    * Removal of DNS for the server and cancellation of Domain registration
    * Temporary shutdown of the server
    * Block on outgoing mail
    * IP address routing to null
    * Disabling of web hosting account
    * Immediate disconnection of service with no re-activation.
    * $200 fee assessed to Customer account for violation.

    PAYMENTS AND FEES

    All fees paid are NON-REFUNDABLE. The only exception is if you cancel the service within 15 days, you will receive a pro-rated refund for the unused period. Also all payments are subject to a processing fee of US $9.00, if you are requesting a refund, within this allowed period.

    1. As consideration for the services you have selected, you agree to pay us the applicable service fees. As further consideration for the Services, you agree to:

    a. Provide certain current, complete and accurate information about you as required by the checkout process and

    2. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services. By submitting to this Agreement, you represent that the statements you have made in are true and you will not use our Services for any unlawful purpose.

    3. Specific Fees related items:

    a. All fees are payable in US Dollars.

    b. If you provide us with your credit or debit card information, you authorize BERYBOS LLC to automatically charge the card listed in your account for any fees due on your account. Recurring fees will be charged to the credit or debit card number listed in your account until you cancel your account in accordance with our cancellation policy.

    e. Overage charges apply when you go over the allotted bandwidth per month. You will be sent an invoice for overage, charged at $2/GB and payment is due the following month. Failure to pay will result in your account being disabled. You can also purchase additional bandwidth at wholesale price of $0.79/GB anytime. All bulk purchases expire exactly one year from the date of purchase. (You must use the additional bandwidth purchased within one year.)

    4. Billing Cycle

    Your "Bill Day" is the day of the month you created your account. Your account will be billed on this day every month, quarter or year, depending on the payment plan you have selected.

    5. Cancellation Policy

    a. Services will automatically renew until a service is cancelled. If you do not wish to renew your Annual Service agreement you must cancel your account by sending an email to our Customer Service department.
    b. A cancellation refers to the removal of user materials from our systems and the deactivation of services.
    c. There are no Refunds on pre-paid hosting plans. (Upon cancellation your card will no longer be charged.)
    d. Domain Name Registrations CANNOT be cancelled. As the purchaser of the Domain Name you are the Domain Name's owner until the term of the Domain Name's registration has expired. A processing fee of $9 per service per year will be charged if you cancel the service.
    e.KidzFuture.com reserves the right to cancel any account at any time without notice, for any reason it deems appropriate.

    6. Billing Disputes and Bank Charge Backs

    a. All Bank Disputes and Bank Issued Charge Backs result in the complete cancellation of your account immediately. All Bank Disputes and Charge Backs may be reported to the issuer's Credit Agency.

    b. If a Charge Back is made on domain name registration or renewal fees, you forfeit all ownership and administrator rights to the domain name(s).

    c. In the event that a Charge Back was made in error, you will be required to pay a $50.00 reinstatement fee for each credit card charge back received by KidzFuture.com before your services and/or domain name will be reactivated.

    7. Billing/Price Changes

    a. KidzFuture.com reserves the right to change billing prices and policies at any time without notice.

    E. Domain Name Registration

    1. ICANN Policy can be viewed here: http://www.icann.org/dndr/udrp/policy.htm

    MISCONDUCT

    KidzFuture.com is designed to be a trusted experience management tag cloud system for sharing knowledge with options for our site visitors to rate content. It is our intention to maintain a system and eliminate any kind of cheating and/or manipulation.

    Any misconduct by you, including attempts to manipulate the rating of KidzFuture.com content will result in your immediate termination from KidzFuture.com, at KidzFuture.com's sole discretion. Any attempt by you to generate higher traffic to your content pages by either using some sort of automated means such as "pay to surf" sites, robots, spiders, phishing emails, auto-spawning of browsers, hidden links, automatic browser redirection, blind text links, misleading links, forced clicks etc. will also result in your immediate exclusion from KidzFuture.com. You agree not to change anything in the piece of code we generate, which can be used in your website or blog or email to display your if you are Happy or not. You agree not to misrepresent the intent of this display by adding anything above, below, in the same page, in any preceding pages or in any succeeding pages. You agree that any misrepresentation will result in account termination and possible legal action against you.

    Proprietary rights and Trademarks

    You acknowledge and agree that the contents and materials available on the KidzFuture.com site and the software used in connection with KidzFuture.com contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Unless expressly authorized by KidzFuture.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the KidzFuture.com site's contents, materials or the software, in whole or in part. Except as expressly provided in this Agreement, you are NOT granted any rights or license to any intellectual property with respect to the KidzFuture.com site or its contents. KidzFuture.com reserves all rights and the name "KidzFuture.com" and its respective logos, may be KidzFuture.com trademarks. You are not allowed to use or display any of these unless you have our prior express written permission.


    MODIFICATION, SUSPENSION, TERMINATION
    You agree that KidzFuture.com may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that KidzFuture.com will not be liable for the consequences of doing so. You also agree that KidzFuture.com may, in its sole discretion, and at any time, completely terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that KidzFuture.com, in its sole discretion, deems appropriate. You further agree that KidzFuture.com will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website.

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