End User Subscription Agreement

When you register with Safe Space™ you are asked to agree to a simple End User Subscription Agreement. There is no contract term or minimum commitment required. Your first 30 day trial is unlimited. You can use as much or as little of the service as you need. You can cancel at any time.


END USER SOFTWARE LICENSE AND SERVICES AGREEMENT

Preamble IMPORTANT - READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING WITH THE DOWNLOADING AND/OR INSTALLATION OF THE Safe Space™ fn1 SOFTWARE PRODUCT. THIS IS THE END USER SOFTWARE LICENSE AND SERVICES AGREEMENT THAT YOU ARE REQUIRED TO ACCEPT BEFORE INSTALLING AND USING THE Safe Space™ SOFTWARE OR ACCESSING ANY RELATED Safe Space™ SERVICES. YOU ARE NOT PERMITTED TO DOWNLOAD AND/OR INSTALL THIS SOFTWARE PRODUCT OR ACCESS ANY RELATED SERVICE UNTIL YOU HAVE AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS END USER SOFTWARE LICENSE AND SERVICES AGREEMENT.

BY SELECTING THE "I AGREE" OPTION AND SELECTING "ACTIVATE ACCOUNT", THEN DOWNLOADING THE SOFTWARE PRODUCT OR OTHERWISE ACCESSING ANY RELATED SERVICE, YOU CONSENT TO BE BOUND BY AND ARE A PARTY TO THIS END USER SOFTWARE LICENSE AND SERVICES AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS END USER SOFTWARE LICENSE AND SERVICES AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE PRODUCT OR ACCESS ANY RELATED SERVICE, AND DO NOT PROCEED TO CLICK THE "ACTIVATE ACCOUNT" BUTTON.

THIS AGREEMENT IS ENTERED INTO BY Safe Space™ AND YOU ("USER") AS END USER OF THE SOFTWARE PRODUCT AND ALL RELATED SERVICES.

1. The Software Product
The subject of this license is the Safe Space™ software product in which this license is embedded and any related updates provided to USER by Safe Space™, including computer software (collectively, the "Software Product") and all related services (the "Services"). The Safe Space™ Software Product does not include bug fixes, error corrections, patches, new releases, or any other component not specified within this Agreement. USER agrees that Safe Space™ (and/or its third party suppliers or contractors) shall be entitled to use any personal information to which Safe Space™ (and/or its third party suppliers or contractors) may have access to pursuant to the transactions contemplated by this Agreement (including, without limitation, access which may be provided by USER making use of the Safe Space™ Software Product and the Services) in accordance with the terms of Safe Spaces privacy policy which may be accessed at http://www.mySafeSpace.com/privacy.html. USER acknowledges that this privacy policy may be updated from time to time and USER agrees to obtain any consents required from individuals whose personal information may be accessed pursuant to the transactions contemplated by this Agreement in connection with the uses contemplated by this privacy policy.

2. Software License Grant
Upon the following terms and conditions including payment of any applicable fees: (i) Safe Space™ hereby grants to USER and USER hereby accepts from Safe Space™, a non-exclusive, non-transferable and non-assignable license, for USER's own personal, internal, end-use purposes only (excluding the commercialization of information technology products and/or services), to install and use the Software Product on one or more computers where such computers are owned or leased by USER and (ii) USER hereby subscribes for and Safe Space™ agrees to use commercially reasonable efforts to provide, the Services.

3. Ownership and Intellectual Property Rights
The Safe Space™ Software Product is protected by copyright and the Safe Space™ Software Product and the Safe Space™ Services are proprietary and confidential of Safe Space™ (and/or its third party suppliers). All rights, title and interest in and to the Safe Space™ Software Product and Services (including associated intellectual property rights) are and will remain vested in Safe Space™ and/or its third party suppliers. These rights are protected by national and other laws and international treaties. USER acknowledges that no rights, license or interest to any Safe Space™, or any Safe Space™ reseller or third party supplier, trademarks, service marks or trade names are granted hereunder.

4. License Restrictions
THE Safe Space™ SOFTWARE PRODUCT WHICH IS THE SUBJECT OF THIS AGREEMENT IS LICENSED TO USER, NOT SOLD.

USER MAY NOT SUBLICENSE, ASSIGN, RESELL, SHARE, PLEDGE, RENT OR TRANSFER ANY OF ITS RIGHTS UNDER THIS AGREEMENT IN RELATION TO THE Safe Space™ SOFTWARE PRODUCT OR ANY OF THE Safe Space™ SERVICES OR ANY PORTION THEREOF.

EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAWS, NO COPYING, REDISTRIBUTION, DISPLAY, PERFORMANCE, REPRODUCTION, LICENSING, TRANSFERRING OR PUBLICATION OF THE Safe Space™ SOFTWARE PRODUCT OR ANY OF THE Safe Space™ SERVICES' CONTENT IS PERMITTED WITHOUT THE EXPRESS PERMISSION OF Safe Space™, WHICH CONSENT SHALL BE GRANTED OR WITHHELD AT Safe Space'S SOLE AND ABSOLUTE DISCRETION. ANY SUCH COPY THAT IS AUTHORIZED IS SUBJECT TO THE PROVISIONS OF THIS AGREEMENT, AND ALL TITLES, TRADEMARKS, SERVICE MARKS, COPYRIGHT NOTICES AND OTHER LEGENDS SHALL BE REPRODUCED ON SUCH COPY.

USER MAY NOT USE OR COPY THE Safe Space™ SOFTWARE PRODUCT, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. USER MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF THE Safe Space™ SOFTWARE PRODUCT OR OTHERWISE ATTEMPT TO (A) DEFEAT, AVOID, BY-PASS, REMOVE, DEACTIVATE OR OTHERWISE CIRCUMVENT ANY SOFTWARE PROTECTION MECHANISMS IN THE SOFTWARE PRODUCT INCLUDING, WITHOUT LIMITATION, ANY SUCH MECHANISM USED TO RESTRICT OR CONTROL THE FUNCTIONALITY OF THE Safe Space™ SOFTWARE PRODUCT OR (B) DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATION FORM OF THE Safe Space™ SOFTWARE PRODUCT. USER WILL AT ALL TIMES, INCLUDING DURING AND AFTER THE TERM OF THIS LICENSE, KEEP AND PROTECT THE Safe Space™ SOFTWARE PRODUCT AND THE CONTENT OF THE Safe Space™ SERVICES CONFIDENTIAL.

USER AGREES THAT THE Safe Space™ SOFTWARE PRODUCT WILL NOT BE SHIPPED, TRANSFERRED OR EXPORTED INTO ANY OTHER COUNTRY, OR USED IN ANY MANNER PROHIBITED BY UNITED STATES, CANADIAN AND/OR OTHER APPLICABLE EXPORT LAWS AND REGULATIONS. END USER AGREES TO COMPLY WITH ALL OTHER APPLICABLE LAWS AND REGULATIONS.

Safe Space™ RESERVES THE RIGHT TO MODIFY, AMEND OR CEASE TO OFFER ANY OF THE SERVICES ASSOCIATED WITH THE Safe Space™ SOFTWARE PRODUCT UPON PROVIDING END USER WITH TEN (10) DAYS PRIOR NOTICE, WHICH SHALL BE POSTED ON THE WEBSITE FROM WHICH THE SERVICES ARE ACCESSED BY USER. Safe Space™ FURTHER RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON THE WEBSITE, WHICH POSTING SHALL CONSTITUTE NOTICE TO USER. ALL AMENDED TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON SUCH NOTICE AND USER'S SUBSEQUENT USE OF THE Safe Space™ SOFTWARE PRODUCT AND/OR ANY Safe Space™ SERVICE SHALL BE CONCLUSIVE ACCEPTANCE OF THE AMENDED TERMS.

USER SHALL INDEMNIFY AND HOLD Safe Space™, ITS RESELLERS AND THIRD PARTY SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, DUE TO OR ARISING OUT OF ANY USE OF THE Safe Space™ SOFTWARE PRODUCT AND THE Safe Space™ SERVICES OR BREACH OF THIS AGREEMENT BY USER AND/OR ANYONE ACCESSING THE Safe Space™ SOFTWARE PRODUCT AND/OR ANY Safe Space™ SERVICE VIA USER'S ACCOUNT.

WITH RESPECT TO THE Safe Space™ SOFTWARE PRODUCT AND Safe Space™ SERVICES, USER AGREES AS FOLLOWS: (A) ONLY USER OF THE ACCOUNT MAY USE THE Safe Space™ SOFTWARE PRODUCT AND THE Safe Space™ SERVICES, (B) USER IS SOLELY RESPONSIBLE FOR THE CONTENTS OF E-MAIL MESSAGES, ATTACHMENTS AND STORED FILES AND Safe Space™ RESERVES THE RIGHT TO REMOVE FROM ITS SERVERS ANY CONTENT THAT MAY EXPOSE Safe Space™ TO POTENTIAL LIABILITY, (C) USER MAY NOT DISTRIBUTE THROUGH THE Safe Space™ SOFTWARE PRODUCT OR Safe Space™ SERVICES ANY ATTACHMENTS, DOCUMENTS OR FILES THAT: (i) INFRINGE ON ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER THIRD PARTY PROPRIETARY RIGHTS; (ii) VIOLATE ANY LAW, STATUTE, ORDINANCE OR REGULATION; (iii) ARE DEFAMATORY OR LIBELOUS; (iv) ARE OBSCENE; AND/OR (v) CONTAIN VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR SIMILAR HARMFUL PROGRAMMING ROUTINES, (D) USER MAY NOT USE THE Safe Space™ SOFTWARE PRODUCT OR THE Safe Space™ SERVICES FOR ANY UNLAWFUL PURPOSE, (E) USER MAY NOT USE THE Safe Space™ SOFTWARE PRODUCT OR THE Safe Space™ SERVICES IN A MANNER THAT MAY DAMAGE, DISABLE, OVERBURDEN OR IMPAIR EITHER THE Safe Space™ SOFTWARE PRODUCT, THE Safe Space™ SERVICES OR THE NETWORKS CONNECTED THERETO, (F) USER MAY NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE Safe Space™ SOFTWARE PRODUCT OR Safe Space™ SERVICE, INCLUDING BUT WITHOUT LIMITATION, THROUGH HACKING OR PASSWORD MINING, (G) USER MAY NOT USE THE Safe Space™ SOFTWARE PRODUCT OR THE Safe Space™ SERVICES TO COLLECT INFORMATION ABOUT THIRD PARTIES, INCLUDING AND WITHOUT LIMITATION, E-MAIL ADDRESSES.

5. Payment of Fees
In consideration of the provision of the Safe Space™ services provided to USER by Safe Space™ and USER's use of the Software Product, USER agrees to pay Safe Space™ by authorized credit card or other payment method approved in advance by Safe Space™ the then applicable fees ("Fees"), together with all applicable taxes. The applicable Fees are posted at http://www.mySafeSpace.com/pricing.html. USER has thirty (30) days from the date that any discrepancy appears in USER's statement or any invoice to notify Safe Space™ in order to receive an adjustment or credit, after which time, all Fees will be conclusively deemed correct. USER may cancel USER's subscription to the Safe Space™ Services by providing Safe Space™ with five (5) days written notice by e-mail or letter.

6. Term of License
This license shall be in effect from the time USER installs the Safe Space™ Software Product or accesses any of the Safe Space™ Services, and shall remain in effect for so long as USER subscribes to the Safe Space™ Services unless this license is otherwise terminated. This license will terminate upon the conditions set forth in this Agreement or if USER fails to comply with any term or condition of this Agreement, including failure to pay any applicable Fees. In addition, Safe Space™ may terminate this Agreement without cause by providing User with fifteen (15) days prior notice by e-mail. USER agrees upon expiration or termination of this Agreement to immediately un-install the Safe Space™ Software Product and destroy all copies of the Safe Space™ Software Product in its possession and/or under its control.

7. Notice to U.S. Government End Users
The Software Product is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software Product with only those rights set forth therein.

8. Disclaimer of Warranty
THE Safe Space™ SOFTWARE PRODUCT AND ALL Safe Space™ SERVICES ARE PROVIDED "AS IS WITH ALL FAULTS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE Safe Space™ SOFTWARE PRODUCT AND ALL Safe Space™ SERVICES IS AT USER'S OWN RISK. NEITHER Safe Space™ NOR ITS RESELLERS OR THIRD PARTY SUPPLIERS WARRANT THAT THE Safe Space™ SOFTWARE OR Safe Space™ SERVICES WILL MEET USER'S REQUIREMENTS OR THAT OPERATION OF THE Safe Space™ SOFTWARE OR Safe Space™ SERVICES WILL BE UNINTERRRUPTED OR ERROR FREE OR SECURE OR ACCURATE OR COMPLETE OR CURRENT. WITHOUT LIMITATION, TO THE FULLEST EXTENT ALLOWABLE BY LAW, THIS DISCLAIMER EXTENDS TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

9. Limitation of Liability
Safe Space'S AGGREGATE LIABILITY AND THAT OF ITS RESELLERS AND THIRD PARTY SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT TO EXCEED THE TOTAL OF PRIOR PAYMENTS MADE BY USER FOR THE Safe Space™ SOFTWARE PRODUCT LICENSE AND Safe Space™ SERVICES IN THE SIX MONTHS PRIOR TO THE ACT OR OMISSION GIVING RISE TO THE LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL Safe Space™, ITS RESELLERS AND/OR ITS THIRD PARTY SUPPLIERS BE LIABLE UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF Safe Space™ HAS BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS REVENUE, OTHER ECONOMIC LOSS OR ANY LOSS OF DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THE Safe Space™ SOFTWARE PRODUCT OR THE Safe Space™ SERVICES OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES.

10. General Provisions
(a) Survival. The limitations of liability and ownership rights of Safe Space™ and its third party suppliers contained herein and USER's confidentiality obligations and other obligations following termination of this Agreement shall survive the termination of this Agreement for any reason.
(b) Amendment. Except as provided in section 4 of this Agreement, no amendments or modifications may be made to this Agreement except in writing signed by both parties.
(c) Severability. If one or more provisions of this Agreement are found to be invalid or unenforceable, this Agreement shall not be rendered inoperative, rather the remaining provisions shall continue in full force and effect.
(d) Conflicting Terms. This Agreement, and any related documents referred to herein, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior communications.
(e) Language. The parties agree that this Agreement be drafted in English.
(f) Governing Law. This Agreement shall be governed by the laws of the State of Illinois. The parties hereby agree to the non-exclusive jurisdiction of the courts of the State of Illinois. To the extent allowed by applicable law, the parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods and any state Uniform Computer Information Transactions Act or similar federal, provincial or state laws or regulations.
(g) Headings. The section headings used herein are for convenience of reference only and do not form part of this Agreement, and no construction or inference shall be derived therefrom.
(h) Benefit of the Agreement. This Agreement is binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.


END OF END USER SOFTWARE LICENSE AND SERVICES AGREEMENT

fn1 Safe Space is a service mark as well as an assumed name of Home TeleNetworks, Inc., an Illinois corporation.