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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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