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Welcome to ParentShack!
Before finishing your ParentShack membership application,
please read the following terms of service ("Terms") carefully.
If you ("you" or "Member") agree to these Terms, please
go back to the previous page, check the box labeled "I agree,"
and complete your application. This will constitute a binding agreement
between you and ParentShack ("ParentShack," "we,"
or "us"). Please note that any violation of these Terms may
result in termination of the ParentShack service ("Service")
to you.
ParentShack reserves the right to change these Terms from
time to time, so please check back periodically for any changes. You can
always view the most current version of these Terms at: http://www.parentshack.com/services/legal/tos.html.
If you do not agree to changes made to these Terms, your sole and exclusive
remedy is to cancel your ParentShack account ("Account").
1. Description of Service
ParentShack currently provides members with access to
a number of on-line resources, including personal web page hosting services.
Unless expressly stated otherwise, any new features added to the current
Service will be subject to these Terms. ParentShack provides this Service
to individuals who already have access to the Internet and the World Wide
Web, and is not responsible for providing such access to individuals who
do not already have it.
2. Member Registration
In order to use the ParentShack Service, you must first
register with ParentShack by completing the membership application. In
filling out the application, you agree to provide true, accurate, current,
and complete information ("Registration Information") as requested
by the application form. In addition, you agree to maintain and promptly
update such Registration Information to keep it true, accurate, current,
and complete.
3. Privacy Policy
ParentShack is committed to maintaining your privacy.
Your Registration Information and any other information about you or your
Account is subject to the terms of ParentShack's privacy policy ("Privacy
Policy"), which can be found at http://www.parentshack.com/services/legal/privacy.html.
The Privacy Policy is hereby incorporated into these Terms by reference.
4. Fees and Billing
a. Fees. The current fees ("Fees")
for the Service can be found at http://www.parentshack.com/services/mktg/pricing.html.
If the Service you have selected in your registration requires payment
of a Fee, you agree to pay such Fees promptly, along with any applicable
taxes. We reserve the right to change the Fees at any time, provided,
however, that we will give you thirty (30) days advance notice of such
changes. If you find such changes unacceptable, you may cancel any part
of the Service or your Account according to the cancellation procedures
set forth below.
b. Billing. You are responsible for any and all
charges to your Account. If you have any questions about charges to
your Account, you should contact ParentShack's Customer Service Department
at support@parentshack.com. All charges will be considered valid unless disputed in
writing within sixty (60) days of the billing date. Adjustments will
not be made for charges that are more than 60 days old. Delinquent Accounts
may be suspended or canceled at ParentShack's sole discretion. Charges
will continue to accrue for suspended Accounts until the Account is
canceled. ParentShack may impose an additional charge to reinstate a
suspended Account.
c. Payment by Credit Card, Debit Card, Electronic
Funds Transfer. If you elect to pay your Fees by credit card, debit
card, or electronic funds transfer, we will bill such Fees in advance,
on a monthly basis (or at the beginning of each billing cycle, if you
choose a multiple-month billing cycle), directly to your credit card,
debit card, or checking account. You must report any changes to your
billing information within thirty (30) days of the change. ParentShack
is not responsible for any charges or expenses (e.g. for overdrawn accounts,
exceeding credit card limits, etc.) resulting from charges billed by
ParentShack.
5. Use of Member Account
You and, subject to your authorization, the immediate
members of your household are the only authorized users of your ParentShack
Account and must comply with these Terms. You must keep your password
confidential so that no one else may access the Service through your Account.
Any commercial use of your Account is prohibited.
6. Member Content
You, and not ParentShack, are solely responsible for all
information, data, text, software, music, sound, photographs, graphics,
video, messages, or other materials uploaded, posted, displayed, or otherwise
transmitted by you via the Service ("Content"). ParentShack
does not control the Content and, as such, does not guarantee the accuracy,
integrity, or quality of such Content. ParentShack reserves the right,
but is not obligated, to review the Content and to refuse, remove, or
edit any such materials, in whole or in part, in its sole discretion,
without notice at any time.
7. Member Conduct
You agree not to use the Service to:
a. upload, post, or otherwise transmit any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
b. upload, post, or otherwise transmit any Content that
is misleading to others or impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a person or entity
to others;
b. upload, post, or otherwise transmit any Content that
you do not have a right to upload, post, or transmit under any law or
under contractual or fiduciary relationships;
c. upload, post, or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
d. upload, post, or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation;
e. upload, post, or otherwise transmit any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
f. upload, post, or otherwise transmit any materials
that impose an unreasonable or disproportionately large load on ParentShack's
infrastructure, exceeding the limits provided by the Service for which
you have registered;
g. upload, post, or otherwise transmit any materials
that are inconsistent with the nature and purpose of the Service, namely
that of providing personal web sites and other related services to parents;
h. engage in commercial activities, including, but not
limited to: offering for sale any products or services and soliciting
for advertisers or sponsors.
i. interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
j. use the Service as storage for remote loading or
as a door or signpost to another home page;
k. use the Service to harm, or attempt to harm, minors
in any way, or to harass or threaten another;
l. intentionally or unintentionally violate any applicable
local, state, national or international law;
m. reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service.
8. Member Usage Limits
ParentShack may, from time to time, establish general
practices and limits ("Limits") concerning the use of the Service,
including without limitation: (a) maximum limits on storage space; (b)
maximum limits on bandwidth usage; and (c) maximum limits on the number
of days that email messages, guest book entries, or other materials will
be retained by ParentShack. Such Limits are set according to the level
of Service for which you have registered. If you exceed the Limits set
forth for your Service level, ParentShack reserves the right, at its sole
discretion, to: (i) delete Content leading to the exceeding of such Limits;
(ii) suspend your Account until you have brought your Account within such
Limits; or (iii) charge you for exceeding such Limits under the terms
set forth in the Fee schedule for your chosen level of Service.
9. Member Proprietary Rights
ParentShack does not claim ownership of the Content you
place on your site ("Member Site") or that you upload, post,
or otherwise transmit via the Service. By submitting the Content to ParentShack
for inclusion on your Member Site, you grant ParentShack a world-wide,
royalty-free, and non-exclusive license: (i) to host, use, reproduce,
modify, adapt, distribute, transmit, and publicly display the Content
on and through the Service; and (ii) to sublicense to third parties such
Content to the extent necessary for the creation and maintenance of, in
part or in whole, the Services. This license exists only for so long as
you continue to be a ParentShack member, and will terminate when your
membership terminates. By submitting Content to ParentShack, you warrant
and represent that you own or otherwise control the rights necessary to
grant the above licenses.
10. ParentShack Proprietary Rights
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that content contained in information presented to you through the Service
is protected by copyrights, trademarks, service marks, patents, or other
proprietary rights and laws. Except as expressly authorized by ParentShack,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in
part.
11. Modifications to Service
ParentShack reserves the right at any time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that ParentShack shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
12. Termination
Either you or ParentShack may terminate or cancel your
Account (or any part of the Service) at any time. Cancellation will be
effective immediately. No refunds or credits will be given for any amounts
already paid to ParentShack.
a. Termination by Member. You may cancel your Account or any part of the Service at any time. To cancel, you must provide ParentShack with your name, sitename and a request for cancellation. You can e-mail this request to support@parentshack.com.
b. Termination by ParentShack. ParentShack, in
its sole discretion and at any time, may terminate your password, your
Account, your Member Site, or your use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation: (i) if you have breached these Terms; (ii) if ParentShack
is unable to verify or authenticate any information you have provided
to ParentShack; (iii) if ParentShack believes that you have violated
or acted inconsistently with the letter or spirit of the Terms; (iv)
for lack of use of a free Service; or (v) if a free trial period has
expired without your registration. ParentShack may also in its sole
discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of these Terms may
be effected without prior notice, and acknowledge and agree that ParentShack
may immediately deactivate or delete your Member Site and all related
information and files in your Member Site and/or bar any further access
to such files or the Service. Further, you agree that ParentShack shall
not be liable to you or any third-party for any termination of your
access to the Service.
13. Indemnification
You agree to indemnify and hold ParentShack, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your Content, your use
of the Service, your connection to the Service, your violation of the
Terms, your breach of any warranties in these Terms, or your violation
of any rights of another.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. PARENTSHACK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
b. PARENTSHACK MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS OR SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF TH ESERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM PARENTSHACK OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. LIMITATION OF LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PARENTSHACK SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PARENTSHACK
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
16. Notice
Notices to you may be made vial either email or regular
mail. ParentShack may also provide notices of changes to the Terms or
other matters by displaying notices or links to notices to you generally
on the Service.
17. General Terms
These Terms constitute the entire agreement between you
and ParentShack and govern your use of the Service, superseding any prior
agreements between you and ParentShack (including, but not limited to,
any prior versions of the Terms). The Terms and the relationship between
you and ParentShack shall be governed by the laws of the Commonwealth
of Massachusetts, without regard to its conflict of law provisions. You
and ParentShack agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Suffolk, Massachusetts. The
failure of ParentShack to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If
any provision of the Terms is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal
or contractual effect.
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