BROWSESAFE TERMS OF USE

This World Wide Web Site (the "Web Site") and related functions, facilities and services, including without limitation, the BrowseSafe software (the "Software"), corresponding documentation, associated media, printed materials and online or electronic documentation (collectively, the "Service") is operated and maintained by BrowseSafe, Inc. ("BrowseSafe"). By using the Service, you ("User") agree to use it in strict accordance with, and to be bound by, all of the terms and conditions contained in these Terms of Use (these "Terms").

Description of Service

The Service is designed, without limitation, (1) to increase the speed of web browsing, (2) to assist Users in the identification and blocking of "phishing" and adult-oriented sites and (3) to provide alternative suggestions for web site pages when a domain name typed into a User's web browser does not resolve.

While BrowseSafe regularly updates its database of phishing and adult-oriented web sites, BrowseSafe cannot guarantee that it will successfully block all such sites.

By using the Service you understand and acknowledge that BrowseSafe will provide you with alternative web site pages when you type a domain name into your web browser that does not resolve, and you hereby request to receive such alternative web site pages as part of the Service.

Access to the Web Site

BrowseSafe grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. You may not sub-license your rights hereunder to a third party, and this license does not extend to: (a) access to the Web Site by posting agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Web Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by BrowseSafe. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Web Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

Proprietary Materials

The Service is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Service contains copyrighted material, trademarks and other proprietary information of BrowseSafe and others (collectively, "Proprietary Material"), which may include, but shall not be limited to: text, software, photos, video, graphics, images, music and sound. User agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from BrowseSafe.

Subject to User's compliance with all of the terms and conditions of these Terms, BrowseSafe grants to User a personal, nonexclusive, nonassignable and nontransferable license to, install and use the Software for your personal use. All rights not expressly granted to User by the foregoing sentence are reserved by BrowseSafe. Without limiting the generality of the foregoing, User may not copy, modify, distribute or reverse engineer, decompile or disassemble the Software, except that User may make one copy of the Software for back-up purposes. You may not use the Software for any commercial purpose, and you may not transfer, sell, assign or convey it to another party without the prior written consent of BrowseSafe.

Conditions of Access To User's Account

Some aspects of the Service may require registration and login. User is responsible for protecting the confidentiality of User's identification and/or password and is responsible for all use of User's accounts whether expressly authorized by User or not.

Prohibited Uses.

User agrees that it will not (and will not permit others) to:

use "robots" or otherwise harvest information of any kind;
intentionally or unintentionally violate any applicable local, state, national or international law;
perform any action that could result in excessive usage that adversely impacts the performance of the Service for other users;
use the Service in any way that violates this Agreement.

No Liability for Reliance

BrowseSafe does not represent or endorse the accuracy or reliability of any third-party advice, opinion, statement or any other third-party information displayed or distributed through the service and/or the Web Site. User acknowledges that any reliance upon any third-party opinion, advice, statement, memorandum or information shall be at User's sole risk.

Termination

BrowseSafe reserves the right to terminate these Terms and your access to the Service and/ or the Web Site at any time for any reason.

Indemnification

User agrees to indemnify, hold harmless, and defend BrowseSafe and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all actions, cause of actions, suits, proceedings, claims, and/or demands of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of: (a) User's breach of these Terms, (b) any negligent act or omission by User, or (c) any third-party claim, action, or demand related to User's use of the Service (each a "Claim" and collectively "Claims"). BrowseSafe may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. BrowseSafe will provide you with reasonably prompt notice of any Claim it receives.

Limited Warranty

THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SOFTWARE IS PROVIDED "AS IS" AND BROWSESAFE HEREBY DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. BROWSESAFE DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. BROWSESAFE EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE, PROPER WORKMANSHIP, NON-NEGLIGENCE, AND NON-INFRINGEMENT.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BROWSESAFE OR ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY.

Limitations on Liability

BROWSESAFE IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT SHALL BROWSESAFE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE, EVEN IF BROWSESAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

No Liability for Loss or Injury

BrowseSafe shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering information contained in the Web Site.

Links to Third Party Sites

The Web Site may contain hyperlinks to web sites operated by parties other than BrowseSafe. Such hyperlinks are provided for reference only. BrowseSafe does not control such web sites, and is not responsible for their contents. BrowseSafe's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Privacy

The privacy policies of BrowseSafe are accessible by clicking on <Privacy>. By using the Service and by accepting these Terms, User expressly consents to use of User's information, as enumerated in the then-current privacy policies of BrowseSafe as such policies may be amended from time to time.

Right to Modify Terms

BrowseSafe has a right to modify the Terms in any manner and at any time, with or without cause, in BrowseSafe's absolute discretion and without notice or liability. Any modification is effective immediately upon posting the modification on the Web Site. Users continued use of the Service following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User's only right and remedy with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of BrowseSafe in providing the Service, is to cease use of the Service.

Right to Modify Service

BrowseSafe may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service. User's only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Web Site.

Governing Law

Your rights and obligations and all actions contemplated by these Terms shall be governed by the laws of the State of Washington, as if these Terms were a contract wholly entered into and wholly performed within the State of Washington. Any action to enforce these Terms or any matter relating to your use of the Service (including class actions or individual suits, regardless of whether or not a similar action and/or comparable remedy could be pursued in a foreign state) shall be brought exclusively in the Superior Court in Clark County, Washington, or if there is no jurisdiction in such court, then in the United States District Court for the Western District of Washington in Tacoma.

Notices

User agrees that any notices required to be given under these Terms by BrowseSafe to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

Waiver

The failure by BrowseSafe to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by BrowseSafe of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Severability

In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. BrowseSafe will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of BrowseSafe as reflected in the original provision.

Assignment

User may not assign these Terms.

Entire Agreement

These Terms and any documents referenced herein constitute the complete and exclusive agreement between you and BrowseSafe, and supersede and govern all prior proposals, agreements, or other communications.

Effective: August 10, 2007