Terms of Service

1. ACCEPTANCE

WebFurther, LLC ("WF") provides its WebPurify service ("Service") to you, subject to the following Terms of Service ("TOS"). The TOS tell you what you can expect from the Service, and what WF expects of you. WF may amend the TOS at any time by posting an amended TOS on our website. The TOS may not be otherwise amended except in writing signed by you and WF.

2. REGISTRATION OBLIGATIONS

You must register for the correct Service License (Private of Commercial) as defined in Section 4. in order to access the Service. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or WF has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, WF has the right to suspend or terminate your membership and access to the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You will create your login and password during the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify WF of any unauthorized use of your membership or any other breach of security.

3. MEMBERSHIP, FEES

You may obtain a free 7 day trial membership with the Service. After the expiration of the free trial you will be offered continued use of the Service. You may use a credit card to pay these fees through our third party vendor. When you provide credit card information through WF's third party vendor, you represent to WF that you are the authorized user of the credit card. 30 days prior to expiration of membership you will receive an email reminder to pay your annual fee in order to avoid interruption of Service. WF reserves the right to change its fees or billing methods.

4. Payment Plans and Terms

a. Customer will pay WF's standard fees for the Service, including fees required pursuant to one of the following plans, as reflected in Customer's ordering records maintained by WF (including without limitation any accepted quote)

b. Customer will pay for the Service in advance. Customer will make all payments in U.S. dollars. WF is not required to issue refunds or credits except as specified in this Agreement and the SLA.

c. Customer's Signup designates an annual commitment period ("Commitment Period"). Termination of this Agreement will not relieve Customer of its obligation to pay all fees due for such Commitment Period, and no such fees will be refundable.

d. Plans:

• Plan 1: Monthly Custom Application License: $15 USD Per Month. Provides user with one license to use with one domain with unlimited profanity scans. There is no minimum commitment with this plan.
• Plan 2: Yearly Custom Application License: $100 USD Per Year. Provides user with one license to use with one domain with unlimited profanity scans.
• Plan 3: Plug in License for WordPress, Movable Type, Drupal, and BBpress: $35 USD Per Year. Provides user with one license to use with one domain with unlimited profanity scans.

5. Service Levels and Remedies

a. WF's service level agreement, posted at http://www.webpurify.com/servicelevelagreement.php, (the "SLA") is hereby incorporated into this Agreement.

b. The SLA does not apply to any feature of the Service not specifically identified in the SLA. All Service features, whether or not addressed in the SLA, are provided in the terms and conditions of this Agreement.

c. WF will not be liable for Service interruptions or any other Service failures except as specifically set forth in the SLA and in this Section 5. In the event that Customer is dissatisfied with the Service, Customer's sole remedies are those listed in the SLA and in this Section 5.

6. PROHIBITED USES

You agree that you will not: a. violate any local, state, or national law through or on the Service; b. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; c. use the Service in any manner other than as expressly authorized in the TOS; d. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; e. reproduce, duplicate, copy, sell, resell, any portion of the Service, use of the Service, or access to the Service.

7. OWNERSHIP AND RESTRICTIONS

The license granted in these TOS does not constitute a transfer or sale of WF's ownership rights to WebPurify. WF retains all rights, title, and interest in and to the WebPurify program and database including all related intellectual property rights. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, unless expressly authorized in the TOS. You may not reverse engineer, de-compile, disassemble, or otherwise attempt to reconstruct or discover the source code for the service.

8. WF PRIVACY POLICY

Certain registration information and other information about you may be collected by WF and through the Service. WF's use of this information is governed by the WF Privacy Policy, available at: www.webpurify.com/privacy_policy.php

9. USER WARRANTY

You represent and warrant to WF: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to WF (c) the charges incurred by you will be honored by your credit card company; and (d) you will pay all charges that you incur at WF's then-current rates;

10. INDEMNITY

You will indemnify and hold WF, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.

11. TERMINATION

You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with WF. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of the TOS or WF's enforcement or application of the TOS; (b) any policy or practice of WF, including the Privacy Policy, or WF's enforcement or application of these policies; (c) your ability to access and use the Service; or (d) the amount or type of fees, surcharges, applicable taxes, and any WF's billing methods. WF, in its sole discretion, may terminate your membership without notice if WF believes that you have violated or acted inconsistently with the TOS.

12. LINKS

The Service may provide links to third party web sites. WF has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. WF will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.

13. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WF 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 RELATED TO THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WF OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER 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.

14. LIMITATION OF LIABILITY

WF WILL 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 WF HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WF's TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO WF IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. TRADEMARK INFORMATION

WF and the WebPurify logo, and other WF logos, products and service names are trademarks of WF. You must not display or use them in any manner. The exception to this are the WebPurify buttons' provided for links back to the website, which may be used on other web sites.

16. ARBITRATION

Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by WF to collect fees or recover damages for, or obtain an injunction relating to WF's intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or WF may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of you or WF pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

17. GENERAL INFORMATION

WF may provide notices to you pursuant to the TOS through email, or regular mail. The TOS constitutes the entire agreement between you and WF and governs your use of the Service, superseding any prior agreements between you and WF. You also may be subject to additional terms and conditions that may apply when you use other WF products or services. The TOS and the relationship between you and WF will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Los Angeles, California. The failure of WF to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.

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