CyberFence Integrated Adult Content Blocking Service

IMPORTANT: Please review the following terms and conditions carefully. This agreement is a legally binding contract between you and SJ Namo Interactive Inc. ("Namo and CyberFence") pertaining to the CyberFence service and software products (the "software") and any associated media, manuals, printed materials and "online" or other electronic documentation (the "associated materials"). By clicking on the box entitled "click here to agree to terms and conditions", you are consenting to be bound by the following terms and provisions of this agreement.

You must be at least 18 years of age to subscribe to or purchase any CyberFence service. Additional terms will be added as required with new or modified services.

To review the Terms and Conditions in their entirety, please click Here
To review the Terms and Conditions section by section, please click on the specific section of interest below:

[Responsibilities]
You are responsible for all activity and all charges on your account. Violations of any of the terms or provisions of this Agreement or any illegal or immoral activity will be grounds for immediate termination of service without notice by Namo and CyberFence. With our 30 Day Service Satisfaction Money Back Guarantee, you are eligible for a refund upon termination of this Agreement prior to the 30th day following signup but in no event will you be eligible for any refund thereafter.

[Notification of Copyrights/Trademarks]
The Software and any Associated Materials, whether in printed, electronic or digital media, are protected by United States copyright and trademark laws and international treaty provisions. Namo and CyberFence and its licensors retain all right, title and ownership in and to the Software and any Associated Materials, as applicable. You agree to use your best efforts and take all reasonable steps to protect the Software and the Associated Materials. You agree to hold the Software and the Associated Materials in confidence and take all necessary steps to ensure that access to any portion thereof is not provided to any person or entity other than your bona fide employees or representatives who require such access to enable you to use the Software and Associated Materials in accordance with this Agreement. This Agreement does not grant you any rights with respect to the trademarks, service marks, trade names and other logos used in connection with the Software and Associated Materials. All rights not expressly granted in this Agreement are reserved by Namo and CyberFence. The Software Product is licensed (not sold) to you, and Namo and CyberFence owns all copyright, trade secret, patent, and other proprietary rights in the Software Product. The term "Software Product" includes all copies of the Namo and CyberFence program and its documentation.

[Grant of License]
This Agreement grants you the limited, non-exclusive, personal, non-transferable (except as provided hereunder) license to use the Software and its Associated Materials on a single computer. A copy of the Software and those Associated Materials in an electronic media are "in use" in a computer when loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that single computer. Installation of the Software or Associated Materials on a network server constitutes "use" that must comply with the terms and conditions of this Agreement. This license is not a sale of the original Software, any Associated Materials or any copy thereof. Namo further grants you the right to (a) make one copy of the Software and one copy of the Associated Materials in an electronic media solely for backup or archival purposes, or (b) transfer the Software and any Associated Materials in electronic media to a single hard disk; provided that you keep the original solely for backup or archival purposes.

[Other Restrictions]
Except as otherwise provided in this Agreement, you may not (a) copy or otherwise reproduce the Software or any Associated Materials, (b) modify or prepare derivative copies based on the Software or Associated Materials, (c) distribute copies of the Software or Associated Materials by sale or other transfer of ownership, (d) sublicense, rent, lease, or lend the Software or Associated Materials, or commercially exploit or otherwise profit from the Software or Associated Materials, or (e) display the Software or Associated Materials publicly. You may not (and you may not allow any third party to) rent, lease, alter, modify, translate, assign, copy, transfer or otherwise use the Software or Associated Materials except as stated in this Agreement. You are expressly prohibited from any transmitting of the Software or Associated Materials, electronically or otherwise over the Internet or through any other media, to any third party. Further, you may not reverse engineer, modify, decompile, or disassemble the Software or any Associated Materials that are in an electronic or digital form, except and only to the extent that such activities are expressly permitted by applicable law or this Agreement. You may not access any CyberFence service by any means other than the one we provide.

[Term and Cancellation]
This Agreement is effective on the date you download and register the Software and continues in effect for the duration of the initial term you have selected and paid for ("Initial Term"). Upon expiration of the Initial Term and any successive term, this Agreement shall automatically renew for a term equal in duration to the Initial Term ("Renewal Term"). You will be charged for the license and service fees for the applicable term as described hereinbelow (see "Billing and Payment").
Either party (CyberFence or you) may terminate this Agreement at any time. This Agreement also will terminate automatically if you fail to comply with any term or provision of this Agreement. Immediately upon termination of this Agreement for any reason, the license granted hereunder and your right to use the Software and/or Associated Materials, as applicable, ceases (without any form of notice) and all rights hereunder revert in their entirety to Namo and CyberFence. You agree upon termination to immediately destroy (a) the Software and any Associated Materials and all of the component parts of the Software and any Associated Materials; and (b) all copies of the Software and any Associated Materials and the component parts of same. Namo and CyberFence retains all rights not expressly granted, and nothing in this Agreement constitutes a waiver of any rights under copyright laws or any other federal or state law or treaty.
In order for . Namo and CyberFence to deactivate your account, you need to go to your Control Panel, Add/Remove programs. Look under . CyberFence services and follow the instructions. After passing the security check and uninstalling the program, your account will automatically be deactivated if you are online. If you are not online, you must call Technical Support in order to deactivate your account.

[Billing and Payment]
Namo and CyberFence  will (with your consent hereby granted) automatically charge your account for the applicable license and service fees at the then-current rate for CyberFence  end users at the time of each Renewal Term. Namo and CyberFence reserves the right to change fees or billing methods at any time and from time to time, which such changes shall be effective upon notice to you or 30 days after Namo and CyberFence publishes such rates on its website, whichever is earlier. You may obtain the current rates at www.cyberfence.com. Namo and CyberFence may attempt to notify you of rate changes but is not obligated to do so. CyberFence Online accepts credit cards, debit cards, and bank drafts as payment for its services. The subscription fee is billed and collected in advance. You must maintain an active and valid email account for the term of your subscription. It is your responsibility to notify the Namo and CyberFence billing department of email address changes. Late charges or service fees may be applied if accounts are 10 or more days past due and will not be waived if you fail to receive notice because of no email account, an email account set up to block Namo and CyberFence email correspondence, or an invalid account. Any account that is 10 or more days past due will be deactivated by Namo and CyberFence and may be terminated at the discretion of Namo and CyberFence. Namo and CyberFence will apply a late fee or service charge of 1.5% per month for past dues balances. The due date is the corresponding numerical date for any given month or year, as applicable, on which the applicable term commenced. Due dates that fall on the 29th, 30th or 31st in a month without such a numerical date will instead be billed on the last day of that month. Yearly charges will automatically be charged on your due date. Namo and CyberFence is under no obligation, and does not currently, to provide prorated refunds.
All CyberFence pricing is quoted for a single location and single user account unless otherwise noted in writing by Namo and CyberFence. Specifically, the offer of up to three service loadings for the initial purchase price cannot be applied multiple times by an individual user to systems under their control. In addition to all legal remedies, either in this Agreement or by law, availed to it, Namo and CyberFence retains the right to automatically terminate the service to any individual user who violates this provision to the economic detriment of Namo and CyberFence.

[Conduct]
Namo and CyberFence will not tolerate inappropriate conduct in the use of any of its services including, but not limited to, conduct which is illegal, immoral, deceitful, vulgar, a violation of copyright or trademark, invasion of privacy, gambling, or any unauthorized attempt to access or use facilities which are the property of Namo and CyberFence, its subscribers or vendors. Any attempt to gain unauthorized access, bypass security or disrupt services will be prosecuted immediately and to the fullest extent of the law. Violations of good conduct will result in immediate deactivation and termination of services without notice and may result in damages owed to Namo and CyberFence.

[Services]
While Namo and CyberFence endeavors to provide the highest quality of service and uptime, the Internet world is not perfect and there will therefore be temporary outages from time to time. Namo and CyberFence makes every reasonable effort to minimize downtime. Down time is not grounds for credits or refunds. Namo and CyberFence reserves the right to add, modify or eliminate services and charges for services in order to better serve its subscribers.

[Filter]
Namo and CyberFence's filter service endeavors to protect its subscribers from destructive Internet material. Any attempt to bypass, remove, modify, or otherwise disrupt the filter process will be reason for termination of services. Safeguards built in to defeat hacking will usually immobilize the PC if filter removal is attempted without the uninstall password. Namo and CyberFence assume no responsibility for technology or user actions that cause the filter to be defeated. Namo and CyberFence also assume no responsibility for any material or site that might circumvent the filter. No filter is 100% effective and Namo and CyberFence does not represent the filter service as 100% effective.

[Disclaimer of Warranties; Risk of Loss]
The software and associated materials are provided "as is" and "with all faults" without warranty of any kind and the entire risk as to satisfactory quality, performance, accuracy and effort is with you, the end user. There is no warranty against interference with your enjoyment or against infringement with respect to the software and associated materials. There is no warranty that the software or the associated materials will fulfill any of your particular purposes or needs. There is no implied warranty of benefit for the ordinary purposes to which such software or associated materials are used. There is no warranty, representation or guarantee that the software will continuously operate or be error free or that any problems will be corrected. Should the software or any of its components prove defective or inadequate in any respect, you (and not Namo and CyberFence or its affiliates or representatives) assume the entire cost of all necessary servicing, repair, or correction. Further, Namo and CyberFence does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the software either in terms of its ability to deter unauthorized access, its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the software and its performance solely at your own risk. Any and all other representations and warranties including but not limited to any implied warranties of merchantability and/or fitness of the product for a particular use or purpose, quality, course of dealings, usage of trade, inaccuracy in content caused by Namo and CyberFence's failure to perform with reasonable care, quiet enjoyment or non-infringement are hereby expressly disclaimed.
Namo and CyberFence shall not, nor shall any of its affiliates, officers, directors, agents, distributors, franchisees or employees, be responsible for the installation, operation or maintenance of equipment, software or other services or products not provided by Namo and CyberFence or its affiliates. No advice or information given by Namo and CyberFence, its affiliates or its contractors or their respective employees shall create a warranty. Neither Namo and CyberFence nor its affiliates, nor its network provider, warrant that the service will be transmitted error free, or that any information, software or other material accessible on the internet is free of viruses, worms, trojan horses or other harmful components. You assume sole responsibility and all risk for your and any authorized user's and any unrelated party's use of the software and the internet. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided over the internet.
Nothing in this agreement shall be construed to obligate Namo and CyberFence to maintain and support the software and associated materials during the term of this agreement.

[Your Remedies]
Namo and CyberFence's entire liability and your exclusive remedy under this Agreement for any dispute with Namo and CyberFence shall be the termination of this Agreement. You acknowledge that filter service customers are not eligible for refunds after the 30th day following signup. TERMINATION MAY NOT BE MADE VIA EMAIL.

[Indemnification]
You will indemnify and hold harmless, and upon request defend, Namo and CyberFence and its officers, directors, agents, affiliates, distributors, franchisees and employees from any and all losses, damages, costs, or other expenses incurred by such indemnified parties (including court costs and attorneys' fees) to the extent arising out of your use or misuse of the Software or the Associated Materials and/or your breach of this Agreement.

[Equitable Remedies]
You hereby agree that, if the terms of this Agreement are not specifically enforced, Namo and CyberFence will be irreparably damaged, and therefore you agree that Namo and CyberFence shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any breach(es) of this Agreement, in addition to any other available remedies.

[Limitation of Damages]
In no event and under no circumstances shall Namo and CyberFence, its affiliates, its contractors or its authorized representatives be liable to you or any third party for direct or indirect damages, including any loss of profits, lost savings, loss of data, or other special, incidental, punitive or consequential damages arising out of your (or any authorized user's) or any unrelated party's use or inability to use the software, any associated materials or any Namo and CyberFence service, or your (or any authorized user's) or any unrelated party's reliance or use of information, services or merchandise provided on or through the internet, or that result from mistakes, omissions, interruptions deletion of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance, even if Namo and CyberFence or any authorized representative of Namo and CyberFence has been advised of the possibility of such damage. In no event will Namo and CyberFence's liability (if any is imposed notwithstanding the terms of this agreement to the contrary) exceed the amount of any fee(s) paid to Namo and CyberFence by you arising out of in connection with your use of the software and associated materials. Namo and CyberFence will not be liable for any claim by a third party. Because some states and countries do not allow the exclusion or limitation of consequential or incidental damages, the above limitations may not apply to you.

[U.S. Government Restricted Rights]
Namo and CyberFence created the Software and the Associated Materials exclusively with private funds. All Namo and CyberFence products and accompanying written materials are provided with RESTRICTED AND LIMITED RIGHTS. If you are an agency of the United States government, then the Software and Associated Materials shall be "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 (and their respective successors, as in effect from time to time). In accordance with such provisions, the Software and Associated Materials are provided to all United States government end users with only those rights set forth in this Agreement.

[Miscellaneous]
This Agreement is governed by the laws of the State of California, U.S.A., excluding any conflict of laws, rules or similar principals. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Santa Clara County, California. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from this Agreement and shall not effect the legality, validity, or enforceability of the remaining provisions of this Agreement. You acknowledge that the Software and the Associated Materials may be governed by laws, rules and/or regulations, including, without limitation, the laws and regulations of the United States, which restrict the import, export and re-export of certain software, technical data and other materials. You agree that you will not, directly or indirectly, violate any local, state or federal law or regulation of the country or countries in which you use the Software and Associated Materials, or the export laws of any country which may regulate the import or export of such items. This Agreement has been written in the English language and the English language shall control. You waive any rights that you may have under the laws of your country for this Agreement to be written in the language of that country. The remedies and limited warranties offered by Namo and CyberFence are not available without proof of purchase from an authorized United States or international source. You may not assign this Agreement in whole or in part without the prior written approval of Namo and CyberFence. Namo and CyberFence may assign its rights under this Agreement in whole or in part without your consent.

[Final Agreement]
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions; you further agree that it is the complete and exclusive statement of the agreement between you and Namo and CyberFence which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Namo and CyberFence relating to the subject matter of this agreement. A copy of this agreement is available for review at www.cyberfence.com. If you have any questions regarding this Agreement, please contact Namo and CyberFence at the address set forth in the foregoing website.

(updated as of June  , 2007)
No checks or purchase orders are accepted unless there is prior approval from the Billing Department