AGREEMENT BETWEEN BothParents.com AND USER.
1. ACCEPTANCE OF TERMS
1.1 The TERMS OF SERVICE AGREEMENT (the “TOS Agreement”) is made and entered into by and between BothParents.com (“Both Parents” or “the Site”), with its principal place of business in San Francisco, California, USA and the BothParents.com Member (“Member” or “you”). By registering to use BothParents.com’s services, you agree to be bound by all terms and conditions set forth below without modification.
1.2 To the extent that this TOS Agreement conflicts with any conditions and notices of the general TOU, this TOS Agreement will control.
2. AGES AND LEGAL ACCESS CERTIFICATION
2.1 By accepting this Terms of Service Agreement, subscribing to and entering BothParents.com you certify the following information and understand that we are relying on such certification and agreement to these terms for allowing entry into the site. You hereby certify that you are 18 years of age or older (21 years old in AL, MS, NE, WY, and any other location where 18 years is not the age of majority);
3. SERVICES OFFERED/MEMBER OBLIGATIONS
3.1 BothParents.com offers web service which includes the storage of date in files such as html pages and images, for display on the world wide web.
3.2 BothParents.com maintains the right to disable any script and/or file, and if necessary, the Member’s account without prior notice if BothParents.com determines the script, file, or account presents a security risk or a server exploit. Any scripts that are determined to be inherently malicious may result in termination of the member’s account and the pursuit of any and all legal remedies available to BothParents.com. Scripts that constantly loop and/or cause severe CPU or memory usage are not permitted on any BothParents.com’s servers
3.3 BothParents.com reserves the right to send Members service e-mails notifying the Member of operational or other changes that may significantly affect or significantly change the current services offered. Please note that Members cannot opt out of this service as it is critical for the operation of BothParents.com.
3.4 Except for public domain material and electronic messages, all materials on this site are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the site may not be reproduced, copied, edited, published, transmitted, or uploaded in any way without the written permission of the sites owner. Except as expressly stated in this TOS agreement, no grant of any express or implied right to you under any trademarks, copyrights or other proprietary information are given.
3.4 BothParents.com reserves the right to filter all emails that travel through our mail servers on any part of our network to ensure there is not presence of spam, bulk email, viruses, Trojans, worms, or any other harmful content. We also reserve the right to disallow the connection to and/or from any server or other computer that may have been found participating in any such distribution of these forms of content, including, but not limited to open mail relays or open proxy servers.
4.1 BothParents.com is not responsible for the content of any 3rd party item included in its website. The opinions and views expressed by 3rd parties on the web pages do not necessarily reflect those of BothParents.com. The contents of emails sent thru BothParents.com and data stored on BothParents.com are not reviewed in any way before they appear on the internet. As the author of web pages hosted on BothParents.com, you take full responsibility for their contents. Do not use the Web space provided by BothParents.com to provide material that is in any way illegal in nature.
4.2 BothParents.com services shall only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal or state, or other laws that may apply in this jurisdiction or your local area is prohibited.
4.3 BothParents.com hosted pages cannot contain, or provide links to, materials that BothParents.com, in its sole discretion, may consider illegal or offensive, including, but not limited to:
4.3. (1) Copyrighted material not belonging to you–for example, music, images, software or video — unless you have the prior consent of the copyright owner;
4.3. (2) Trademarked material not belonging to you–for example, word marks, design marks or a combination thereof — without prior consent of the trademark owner;
4.3. (3) Hate-group propaganda;
4.3. (4) Any form of terrorist activity, plans, plots or encrypted information;
4.3. (5) Certain Copy written Mpeg layer two or three (“MP2 or MP3”) files;
4.3. (6) Mail fraud;
4.3. (7) Pyramid or Ponzi schemes;
4.3. (8) Insults to other persons or companies, including but not limited to: material that is threatening, harassing, libelous or in any way a violation of intellectual property laws.
4.4 BothParents.com Members shall not use their BothParents.com Web pages to conduct the following activities:
4.4. (1) Sell weapons or promote the use thereof;
4.4. (2) Send bulk/spam e-mail from a BothParents.com hosting server, or sending such e-mail with a BothParents.com hosted Web site listed as the contact address. Read more about our Spam Policy (section 10).
4.4. (3) Send mass/spam news postings;
4.4. (4) Advertise or distribute software or services that may contribute to news or e-mail spamming;
4.4. (5) Host a banner exchange;
4.4. (6) Disclose the trade secrets of any other entity or individual;
4.4. (7) Use patented materials without the prior consent of the patent owner;
4.4. (8) Rent, sell or otherwise distribute BothParents.com web space to third parties; or
4.4. (9) Conduct any other activities, that BothParents.com determines, in its sole discretion, to be illegal or an unreasonable drain on system resources.
4.5 It is impermissible to use BothParents.com servers for the following purposes:
4.5. (1) To act as proxies to access other servers including, but not limited to: File Transfer Protocol (FTP) or Hypertext Transfer Protocol (HTTP);
4.5. (2) To run any type of server or daemon including, but not limited to, ICQ or FTP;
4.5. (3) To launch malicious attacks on other servers including, but not limited to, denial of service attacks, mail bombs, hack attacks, spamming, port scanning or port probing;
4.5. (4) To connect directly to external servers using, for example, Internet Relay Chat (IRC), port scanning or any other unauthorized connection;
4.5. (5) To open sockets of any kind including but not limited to, ICQ, IRC or FTP;
4.5. (6) To provide scripting for any third party;
4.5. (7) To act as a file repository or to serve files for other sites; or
4.5. (8) To conduct any other activity that BothParents.com determines, in its sole discretion, to be an improper use of the BothParents.com servers.
4.6 Pornographic or Adult materials are not permitted on customer websites.
4.7 You MAY establish a hypertext link to this site and/or distribute, modify, or re-use the text or graphics of this site only after obtaining written permission to do so from the site owner allowing you to do so.
4.8 BothParents.com reserves the right to terminate your BothParents.com account or remove any page it determines, in its sole judgment, is in violation of any provision of this TOS Agreement.
5.1 It is illegal to attempt to compromise the security on the BothParents.com servers by any means, including, but not limited to:
5.1.(1) Attempting to gain access to restricted information on BothParents.com servers;
5.1.(2) Attempting to disable, cripple or modify BothParents.com servers or any service running on a BothParents.com server; or
5.1.(3) Attempting to access information in other BothParents.com accounts.
5.1.(4) We report to the joint internet committee of the RCMP and FBI, anyone who has been tampering with out services or servers will be contacted by these policing authorities and will be charged and prosecuted to the fullest extent of the law.
5.2 BothParents.com reserves the right to prosecute any individual attempting to compromise the security of the Site to the fullest extent allowable by federal, state / provincial or local law.
6.1 Member understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. BothParents.com makes no warranties of any kind, express, implied or statutory, concerning the data or information available through the BothParents.com network. BothParents.com SERVICES ARE PROVIDED ON AN “AS IS” BASIS. BothParents.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
6.1.(1) The implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement;
6.1.(2) That the BothParents.com web site will meet your requirements or will always be available, accessible, uninterrupted, timely, secure, or operate without error.
6.1.(3) The information, content, materials or products included on the BothParents.com web site will be as represented
6.1.(4) Any implied warranty arising from a course of dealing or usage of trade, and
6.1.(5) Any obligation, liability, right, claim or remedy in tort, whether or not arising form the negligence of BothParents.com.
6.2 To the full extent permissible under applicable law, BothParents.com disclaims any and all such warranties.
7. LIMITATION OF LIABILITY
7.1 BothParents.com will not be liable for damages of any kind, including without limitation, direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with this TOS Agreement, the site, the inability to use the site or those resulting from any goods or service purchased or obtained or messages received through the site. BothParents.com liability to the Member for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of the fees paid, if any, for the prior twelve (12) months.
7.2 BothParents.com, Its officers, directors, owners, agents, and employees shall not be liable to you or to anyone else for any loss or injury resulting from the use of BothParents.com, caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, maintaining or delivering BothParents.com services and content found on BothParents.com web sites. In no event will BothParents.com, its officers, directors, owners, agents and employees, be liable to you or anyone else for any decision made or action taken by you in reliance on such content. BothParents.com, its officers, directors, owners, agents, and employees, shall not be liable to you or anyone else for direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibility of such damages, resulting from the use or the possibility of such damages, resulting from the use or inability to use BothParents.com.
8. REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
8.1 Member agrees to indemnify and hold BothParents.com, its subsidiaries, affiliates, officers, employees and agents, harmless from any liability, loss, claim, demand, damage or cause of actions, including reasonable attorney’s fees that may be incurred by BothParents.com, asserted by any third party due to or arising out of your conduct or use of this service
8.2 This site contains links to cites which are controlled by third parties. Those linked sites are not under the control of site owner and sire owner in not responsible for the contents of any linked site or any link contained within the site. Site owner is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by the site owner of any linked site. Pursuant to the terms of service license understands that the act of clicking on a third party site is the act of leaving the site.
9. PRIVACY OF COMMUNICATIONS
9.1 The site owner does not provide any facility for sending or receiving private or confidential electronic communications. Visitors should not use this site to transmit any communication for which the sender intends only the sender and the recipient(s) to read. Notice is hereby given that all messages entered into this site can and may be read by the operators of this service, regardless of whether the operators are the intended recipients of the message(s).
10. TERMINATION & SPAM/DAMAGES
10.1 BothParents.com reserves the right to terminate this TOS Agreement and Member’s site for any breach of the provisions hereof. BothParents.com reserves the right to delete any site it deems unacceptable for any reason without prior notice.
10.2 BothParents.com 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 BothParents.com liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay BothParents.com’s actual damages, to the extent such actual damages can be reasonably calculated. In addition, you will be billed a SPAM CLEAN UP FEE of $500.00USD which all members agree to in our terms of service agreement before joining for their hosting accounts.
11.1 This TOS Agreement supersedes and replaces any written or oral agreements between BothParents.com and Member. Any failures by BothParents.com to enforce any provision of this TOS Agreement shall not constitute a waiver of any term hereof.
11.2 If any provision of this TOS Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions shall be enforced. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction.
11.3 The section titles in this TOS Agreement are for convenience only, and have no legal or contractual effect.
11.4 This TOS Agreement shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to its conflict of law rules. In the event of a dispute arising out of or relating to this TOS agreement, or use of or access to this site, litigation must be brought in state or federal court in the City and County of San Francisco, California. Member agrees to waive any jurisdiction, venue and inconvenient forum objections to any Federal or State laws.
11.5 GDRP – If you are an EU citizen concerned with GDPR you should not use Bothparents. While we believe we are in compliance and take a lot of care to protect your data, and we will delete all your data on request, we are a FREE site and as such do not have lawyers to ensure we comply with all the nuances of these new regulations. EU citizens using Bothparents.com are in violation of our Terms of Service, by using Bothparents you are liable for the full costs of any GDPR-related legal action you take or taken on your behalf either intentionally or unintentionally.