WebFurther, LLC ("WebFurther") provides its WebPurify Profanity Filter service (the "Service") to you, subject to the following Terms of Service ("ToS"). The ToS may change from time to time. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
The ToS may be changed by WebFurther effective immediately by sending notification to the email address set forth in your WebPurify Profanity Filter account; provided that Material Changes will become effective thirty (30) days after such notification. By continuing to access or use the Service after the effective date of any such change, you agree to be bound by the modified ToS. A "Material Change" is a change to the ToS which reduces your contractual rights or increases your responsibilities in a significant manner.
The ToS as they pertain to you may also be superseded pursuant to a written supplement (each a "Supplement") executed by you and WebFurther
2. THE SERVICE; REGISTRATION OBLIGATION
You agree to use the Service only for purposes that are permitted by (A) the ToS and (B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you are solely responsible for (and that WebFurther has no responsibility to you or to any third party for) any breach of your obligations under the ToS and for the consequences (including any loss or damage which WebFurther may suffer) of any such breach.
You must register for a subscription to a Service License (as set forth in Section 4 below) in order to access the Service. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or WebFurther has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, WebFurther has the right to suspend or terminate your subscription to and use of the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You will create your login and password during the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made through your Service subscription. This means that you will be responsible for all fees incurred and purchases made by your subscription. You will immediately notify WebFurther of any unauthorized use of your subscription or any other breach of security.
3. SUBSCRIPTION; PAYMENT; RENEWAL
You may obtain a free 7 day trial subscription to the Service. After the expiration of the free trial you will be offered continued use of the Service by subscribing for a Service License as set forth in Section 4, below. You may use a credit card to pay the fee set forth in Section 4 through WebFurther’s third party vendor. WebFurther offers online payments as a convenience to you. By use of any online payment tools, you attest that any credit or debit card used is on an account for which you have authority to access or use. You, and not Webfurther, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify WebFurther of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If WebFurther does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by WebFurther or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
Thirty (30) days prior to expiration of your annual subscription, you will receive an email notifying you that your subscription will be automatically renewed for an additional year and that your credit card on file will be charged. Monthly subscribers will not receive a reminder. You must keep your credit card information up to date in order to avoid interruption of Service. If you do not wish to have your subscription automatically renewed, you may log into WebFurther’s third party vendor through which you made your initial online payment and cancel your subscription. WebFurther reserves the right to change its fees or billing methods.
4. PAYMENT PLANS AND TERMS
a. Customer will pay WebFurther's standard fees for the Service License set forth below, as reflected in Customer's ordering records maintained by WebFurther. All fees are nonrefundable.
b. Customer will pay for the Service License in advance in U.S. dollars. WebFurther is not required to issue refunds or credits except as specified in this ToS or in WebFurther’s SLA (defined in Section 5 below).
c. Service Licenses:
- Monthly Standard License: $15 USD per month. Provides user with one license to use with one domain with unlimited profanity scans for one month. There is no minimum commitment with this plan.
- Yearly Standard License: $100 USD per year. Provides user with one license to use with one domain with unlimited profanity scans for one year.
- Yearly Enterprise License: $500 USD per year. Provides user with one license to use with up to 6 domains with unlimited profanity scans for one year.
- Plug in License for WordPress, Movable Type, Drupal, and BBpress: $50 USD per year. Provides user with one license to use with one domain with unlimited profanity scans for one year.
5. SERVICE LEVELS AND REMEDIES
a. WebFurther's Service Level Agreement, posted at http://www.webpurify.com/service (the "SLA") is hereby incorporated into this ToS.
b. The SLA does not apply to any feature of the Service not specifically identified in the SLA.
c. WebFurther will not be liable for Service interruptions or any other Service failures except as specifically set forth in the SLA. In the event that Customer is dissatisfied with the Service, Customer's sole remedies are those listed in the SLA.
6. PROHIBITED USES
You agree that you will not: (a) violate any local, state, or national law through or on the Service; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; (c) use the Service in any manner other than as expressly authorized in the ToS; (d) use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; or (e) reproduce, duplicate, copy, sell, resell, any portion of the Service, use of the Service, or access to the Service.
7. PROPRIETARY RIGHTS
a. You acknowledge and agree that WebFurther owns all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by WebFurther and that you shall not disclose such information without WebFurther's prior written consent. You may not reverse engineer, de-compile, disassemble, or otherwise attempt to reconstruct or discover the source code for the Service.
b. The license granted in this ToS does not constitute a transfer or sale of WebFurther's ownership rights to WebPurify Profanity Filter service. WebFurther retains all rights, title, and interest in and to the WebPurify Profanity Filter program and database including all related intellectual property rights. You may not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the Service, or your rights and obligations pursuant to this ToS. You may not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, unless expressly authorized by WebFurther.
c. Except as set forth in Section 7(d) below, unless you have agreed otherwise in writing with WebFurther, nothing in the ToS gives you a right to use any of WebFurther's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including ‘WebPurify’.
d. Notwithstanding the foregoing, you are expressly permitted to use the ‘WebFurther’ and ‘WebPurify’ names, service marks and logos for the sole purpose of (i) identifying on your website WebFurther or WebPurify as your provider of profanity filtering services or (ii) creating or making available as part of your website buttons for the purpose of hyperlinking to WebFurther’s website.
9. USER WARRANTY
You represent and warrant to WebFurther that (a) you have full power, authority, and legal capacity to obtain a Service License and to agree to the ToS and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to WebFurther; (c) the charges incurred by you will be honored by your credit card company; and (d) you will pay all charges that you incur at WebFurther's then-current rates.
10. SECURITY AND INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your Service License. Furthermore, you are entirely responsible for any and all activities which occur under your Service License. You agree to immediately notify WebFurther of any unauthorized use of your Service License or any other breach of security known to you.
You agree to indemnify, defend and hold harmless WebFurther, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants, agents and subcontractors (collectively the "Indemnified Parties") from any and all claims, liability, damages and/or costs (including, but not limited to, attorney's fees) which may be imposed on, incurred by, or asserted against any of the Indemnified Parties under any theory (strict liability, breach of privacy, libel, infringement of intellectual property right or otherwise) arising from or relating to your purchase of a Service License, your use of the Service, your violation of the ToS or your infringement of any intellectual property or other right of any person or entity without regard to the cause or causes thereof or the negligence or fault (active or passive) of any person.
Unless agreed to in writing by WebFurther, termination of all or part your Service License shall not result in the refund of any fees.
The Service may provide links to third party web sites. WebFurther has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. WebFurther will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
13. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
WEBFURTHER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, USAGE OR PERFORMANCE. WEBFURTHER DOES NOT WARRANT THE ACCURACY OR CORRECTNESS OF ANY RECOMMENDATIONS, INTERPRETATIONS, MODERATIONS OR CONCLUSIONS REACHED WITH RESPECT TO THE SERVICE, WHICH, IN ANY EVENT, ARE ADVISORY ONLY. WEBFURTHER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBFURTHER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBFURTHER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE SERVICE; OR (II) ANY CHANGES WHICH WEBFURTHER MAY MAKE TO THE SERVICE.
THE LIMITATIONS ON WEBFURTHER'S LIABILITY TO YOU SET FORTH ABOVE SHALL APPLY WHETHER OR NOT WEBFURTHER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. TRADEMARK INFORMATION
WF and the WebPurify logo, and other WF logos, products and service names are trademarks of WF. You must not display or use them in any manner. The exception to this are the WebPurify buttons' provided for links back to the website, which may be used on other web sites.
Any legal controversy or legal claim arising out of or relating to the ToS or the Service, excluding legal action taken by WebFurther to collect fees or recover damages for, or obtain an injunction relating to WebFurther's intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or WebFurther may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of you or WebFurther pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $2,500.00.
17. GENERAL INFORMATION
The ToS and the relationship between you and WebFurther will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Los Angeles, California. The failure of WebFurther to exercise or enforce any right or provision of the Terms will not constitute a waiver of the right or provision. If any provision of the ToS is found to be invalid, the other provisions of the Terms will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Services or the ToS must be filed within one (1) year after the claim or cause of action arose or be forever barred.
The provisions of the ToS pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.