PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING AGREEMENT.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY ACCESSING OR USING THE SERVICE, YOU INDICATE YOUR CONSENT TO THIS AGREEMENT.
A. Representations and Warranties.
Visible Internet provides you, as a legal guardian of a child or children under the age of 18 (your “Minor Child” or “Minor Children”), with the ability to collect certain information or to remotely manage the mobile devices of your Minor Children, depending on the Services to which you subscribe. The Site and Service may provide you access to certain mobile phone and computer activities (including, but not limited to, GPS location, browsers, apps, email and text messages) of your Minor Children using computers and/or mobile devices on which the Software is installed. By using the Site and Service or clicking the “I Accept”, you hereby warrant, represent, covenant and certify the following:
All information that you provide to Visible Internet is true and accurate.
You will only use the Site and Service as an aid to your efforts to protect and enhance the welfare of your Minor Children for whom you are the legal guardian (as more thoroughly described in Section 8.1, below);
You will not use the Site, Service, Accessed Activities or Management Features in violation of any Federal, State or local law, rule, ordinance or governmental regulation you are subject to.
You consent to Visible Internet granting you access to the Online Activities of each of your Minor Children that you have registered with the Visible Internet Family Service for your exclusive password restricted access through the Site or Service;
You consent to Visible Internet taking all actions as directed by you through the Management Features with respect to the mobile devices / computers of your Minor Children on which the Software is installed;
You will not use the Site or Service to monitor the activities of (i) any person that is 18 years of age or older, or any other person for whom you are not the legal guardian;
You agree that Visible Internet is not responsible or liable in any manner for any content you encounter through the Online Activities. Visible Internet is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through the Online Activities. You further agree that Visible Internet is not responsible or liable in any manner for any such actions you direct Visible Internet to take through the Management Features.
You will only use the Site and Service to monitor the mobile device and computer activities of your Minor Children for whom you are the legal guardian;
You will properly follow all instructions and documentation provided by Visible Internet to you at www.visibleinternet.com ;
You will not allow any other person to access the Online Activities or to utilize the Management Features;
You will only install the Software on computers and mobile devices for which you are the owner or you consent to the collection of information on your Minor Child’s device on behalf of such Minor Child; and
You have advised all users of the computers and/or mobile devices on which the Software is installed that you own those computers and/or devices and may re-possess and inspect those computers and/or devices and inspect the data they contain.
Your use of the Service shall be for the sole purpose of protecting your Minor Child(ren)’s welfare. You shall not use your Minor Child(ren)’s collected private data for any private and/or commercial purposes. If you are found to have done so and if required, Visible Internet reserves the right to provide the relevant government authorities with information about you and your activities. In addition, your access to and use of the Service will be terminated without refund.
You acknowledge and agree that Visible Internet may during the installation process send notifications to the devices you have registered stating that the device belongs to its authorized owner, may be used only for safe and legal activities, and has security software that maintains a record of the use of the device that may be accessed by the owner of the device. Additionally, you acknowledge and agree that Apple Corporation (“Apple”) may send notifications to the Apple iOS mobile operating system (“iOS”) device being monitored and any associated email addresses as a direct result of using the Service. These requirements may change as the Service evolves. You are responsible for any internet connection fees that you incur when accessing the Service.
E. Software Updates.
In an effort to improve the Service, Visible Internet may require that you download and install updates to the Software. You acknowledge and agree that Visible Internet may update the Software with or without notifying you.
F. Membership and Billing.
Free Trials and Automatic Billed Renewals. Depending on our promotions and requirements at any given time, Visible Internet membership may start with a free trial. Any free trial period shall be specified during sign-up, if at all. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”), to use the Service. If you are already a Visible Internet customer and/ or your email address has been associated with a Visible Internet membership, you are not eligible to receive a free trial.
Ongoing Membership. You may not assign or transfer your subscription to any other person or entity.
Cancellation. You may cancel your Visible Internet Family Account at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL YEAR MEMBERSHIP PERIODS. To cancel, please contact Customer Support. VISIBLE INTERNET IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBSCRIPTION IF YOU DO NOT PROPERLY FOLLOW THE CANCELLATION PROCEDURES SET FORTH HEREIN.
Apple iOS System issues. Visible Internet may provide its Software and Service for use on or with Apple’s iOS. Apple may change the requirements of iOS such that our Software and/or Service may become inoperable for unexpected and undefined periods of time. As a result, Visible Internet does not guarantee any up-time or availability with respect to the Software or Service on iOS. In the event that any disruption to your subscribed Service is caused by any change in iOS (a “Disruption”) and such Disruption lasts for more than a continuous one week period, Visible Internet hereby agrees as follows:
all account holders with iPhone-only Service who request a credit will be credited on a pro rata basis for that period of time in which they were without the Service as a result of such Disruption.
all holders in any Free Trial period with iPhone only Service who make a request to receive a renewed and restarted Free Trial Period shall receive a renewed and restarted Free Trial period commencing on the day in which Service is restored.All account holders with multiple device accounts including an iPhone account shall be billed as usual.
You hereby understand and acknowledge that the webapp, iOS & Android monitoring features of the Service are dependent on the availability of data through AWS Cloud Services. The Site and the Service relies on AWS Cloud Services. Visible Internet does not have any control over the operation of AWS and is not responsible, and shall not be liable, for any downtime in the Site and/or Service arising from the Cloud Service. For Website, iOS and Android based devices, if a subscription is canceled for any reason, no monitored data (as a whole or with respect to the applicable Minor Child, as applicable) will be available on the Site and/or the Service. However, Visible Internet will keep your general account information (such as your name and email address) indefinitely.
G. Termination of Service.
H. Account Security.
Eligibility. You represent that you are an adult over the age of 18 and have the legal capacity to enter a contract in the jurisdiction where you reside. Any child that you intend to subject to our Service shall be under the age of 18 years old and unless you are the legal guardian of your child, you may not monitor such a child or any child in which you are brother/ sister, step brother or step sister, aunt or uncle, cousin or nephew, grandfather or grandmother, great grandfather or great grandmother. You cannot use our Service to monitor anyone who is not your Minor Child as defined hereinabove without their express written consent. If you have any questions on eligibility of the use of our Service, please contact us at firstname.lastname@example.org
Account. To access the Service, you must have an account. You can create an account by completing the registration process.
Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of the account password. You agree to notify Visible Internet immediately if you believe that an account password may have been compromised.
Account Sharing or Transfers. You may not share or transfer any account. You may not disclose your password to anyone else.
Cancellation by You. You have the right to cancel any account registered to you at any time. You may cancel any account registered to you by following the instructions on the Site.
Use of Software. The Software may only be used in connection with the Service. You understand that Visible Internet, in its sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable any Software you may already have accessed or installed without prior notice. Visible Internet reserves the right to add or remove features or functions to the Software at any time in its sole discretion. When installed with a compatible web browser or mobile device service, the Software periodically communicates with Visible Internet AWS Cloud servers. You acknowledge and agree that Visible Internet has no obligation to make available to you any subsequent versions of its software applications.
J. Restrictions and Conditions of Use.
No Violation of Laws. You agree that you will not, in connection with your use of the Site, Software or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Software, Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Software License Restrictions. Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service or any copy of the Software; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Visible Internet; or (iv) make any false, misleading or deceptive statement or representation regarding Visible Internet and/or the Software or Service.
No Commercial Uses. You agree that you will not use any portion of the Software, the Site or the Service for any commercial purpose or the commercial benefit of any third party or charge any person, or receive any compensation for, the use of any portion of the Software, the Site or Service.
No Data Mining or Harmful Code. You agree that you will not (a) intercept, examine or otherwise observe any proprietary communications protocol used by the Software or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (b) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software, the Site or the Service.
Links from the Site. The Site may contain links to websites, operated by other parties. Visible Internet provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Visible Internet, and Visible Internet is not responsible for the content available on the other sites. Such links do not imply Visible Internet’s endorsement of information or material on any other site and Visible Internet disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. Unless otherwise set forth in a written agreement between you and Visible Internet, you must adhere to Visible Interent’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Visible Internet’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Visible Internet, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) Visible Internet reserves the right to revoke its consent to the link at any time and in its sole discretion.
L. Social Networks.
The Service includes features that operate in conjunction with certain third party social networking websites that you visit (“Social Network Features”). It is impossible for Visible Internet to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT VISIBLE INTERNET WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
M. Intellectual Property.
Trademarks. Visible Internet and the Visible Internet logo’s are trademarks/service marks of Visible Internet. Unauthorized use of any Visible Internet trademark, service mark or logo may be a violation of federal and state trademark laws.
The Site and the Service are hosted and operated by Visible Internet, INC.
O. Submitted Content.
Visible Internet does not claim ownership of any materials you make available through the Site. At Visible Internet’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Visible Internet a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant the license specified in this Section 15.
You must be at least 18 years old to obtain an account on this site. We do not knowingly collect any personal information from children or sell any products to children.
Q. DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. VISIBLE INTERNET MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. VISIBLE INTERNET DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VISIBLE INTERNET PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT (I) YOU WILL RECEIVE ANY TYPE OF BENEFIT FROM THE USE OF THE SERVICE; (II) THE SERVICE WILL FIND OR COMMUNICATE TO YOU EVERY EXAMPLE OR ALL EXAMPLES OF INTERNET OR MOBILE DEVICE CONTENT ABOUT THE SUBJECT(S) OF THE SEARCHES TO BE UNDERTAKEN BY THE SERVICE; OR (III) THE SERVICE WILL MEET YOUR EXPECTATIONS.
R. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISIBLE INTERNET, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF VISIBLE INTERNET AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold Visible Internet and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site, the Software and/or the Service or any breach by you of this Term us Use or any other policies that Visible Internet may issue for the Site, the Software and/or Service from time to time.