Terms of Use

Updated: March 31, 2011

 

Welcome to MinorMonitor! We are glad that you’ve decided to sign up and check out our website (www.minormonitor.com) and services that we offer. But before you do, you must agree to be bound by our terms and conditions of use as set forth below. By using the minormonitor.com site generally or the monitoring and privacy alerting services (the “Services”, “Service”) via the website with www.minormonitor.com (“Site”), or any services of Social Identity Services Inc., a wholly owned subsidiary of Infoglide Software (also referred to as “MinorMonitor”, “We”, “Us”) you are agreeing to be bound by the following terms and conditions (“Terms of Use”).

Modification of the Terms of Use

MinorMonitor reserves the right, in its sole discretion, to modify, discontinue or terminate the Site and Services, or modify these Terms of Use without advance notice. Your use of the Site or any of the Services after we have provided such notice will represent your acceptance of the new terms. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your account.

Your MinorMonitor Account

To receive the Service at the MinorMonitor Site, you must first register with us by providing fully accurate personal information as we may reasonably require, including without limitation your name and email address; you agree to keep all the personal information updated and correct. Upon your registration to us, you become eligible to receive the service you have selected. After registering with us, you are responsible for maintaining the confidentiality of your account credentials and for restricting access to your computer. Moreover, you agree to accept responsibility for all activities that occur in your account. In the event that any of the information that you provide is determined to be inaccurate or not up-to-date, we reserve the right to immediately cancel your Service.

Services

The services offered by MinorMonitor may change at any time. The pricing and methods used to provide services may change at any time. We take reasonable precautions to provide reliable Service to You.  By accepting these Terms of Use you represent that you are aware that MinorMonitor is a technology-driven service and you accept any glitches, bugs, delays, and other problems commonly experienced with such a service.  The Service may be subject to disruptions, limitations, delays and other problems beyond our control that are inherent in the use of the Internet and other forms of telecommunications.   We are not responsible for any delays, transmission failures, or other direct or indirect damage resulting from such problems.  MinorMonitor makes no warranty or guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service.

Users of MinorMonitor must truthfully and accurately represent their identities in subscribing and utilizing our Services. Any subscriber to our Services must be the same person with parental responsibility for which our Service is intended, or the subscriber must otherwise indicate and verify with MinorMonitor the Named Person’s (i.e., beneficiary’s) consent to a third party subscription. You represent and warrant that you are truthfully representing your identity, and agree to release and hold harmless MinorMonitor for any loss or damage to you resulting from a false or inaccurate representation of identity. Further, you agree to indemnify MinorMonitor against any loss or damage caused to MinorMonitor resulting from fraudulent or malicious representations of identity made by you to MinorMonitor.

In connection with the Services, MinorMonitor may collect additional information about you (for example, known usernames, addresses, geographical locations, etc.). You represent and warrant that all information you provide in connection with MinorMonitor Services is correct and accurate to the best of your knowledge. The ability of MinorMonitor to locate Internet content concerning a Customer is limited by the quality of information provided. You agree to release and hold harmless MinorMonitor from any loss or damage caused to you resulting from inaccurate or false representations of information. Further, you agree to indemnify MinorMonitor against any loss or damage caused to MinorMonitor resulting from fraudulent or malicious representations of information made to MinorMonitor.

In subscribing to the Service, you are certifying that you are at least 18 years of age and the parent or legal guardian of the minor for which monitoring services are subscribed.

Despite MinorMonitor’s active enforcement of its policies described herein, ultimately it is the responsibility of the user to ensure that all transactions comply with our Terms of Use policy and the below guidelines.

 

Termination

We may immediately terminate or suspend your access to the Site and Services and remove any material from the Site or our servers, in the event that you breach these Terms of Use or fail to make timely payment for any premium Services. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease. MinorMonitor is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY OR ALL INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY BE DELETED AND NO LONGER ACCESSABLE BY YOU. Furthermore, MinorMonitor will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Cancellation

You may cancel your MinorMonitor account at any time and for any reason by sending an email to support@MinorMonitor.com. Upon any cancellation by a Member, the related account will no longer be accessible. MinorMonitor will handle any cancellation request within 7 days of receipt of such a request. Any suspension, termination or cancellation will not affect your obligations to MinorMonitor under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Third Party Links

The Site may provide links to third party websites or resources. You acknowledge and agree that MinorMonitor is not responsible or liable for the availability or accuracy of, and MinorMonitor does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

User Conduct

You agree to use MinorMonitor and its systems for lawful purposes only. You may not use or allow others to use your account to:

  • Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;
  • Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our Site;
  • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or services;
  • Take any action that damages or disrupts the functioning of our systems or services.
  • Sign up for more than one User account, sign up for a User account on behalf of an individual other than yourself,
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Attempt to probe, scan or test the vulnerability of our systems or authentication measures
  • Access or attempt to access data or systems not intended and/or authorized for such user
  • Disclose or share your password with third parties; and
  • Attempt to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way a part of the website.

PRIVACY

For information about how we collect and use your personal information, please read our Privacy Policy. The policy may be updated from time to time at our discretion. We will notify you of any material changes to the policy by means of a notice on this site prior to the changes being effective.

ELECTRONIC ALERTS

We may provide automatic service alerts and account-related alerts. Automatic service alerts may be sent to you. You can modify your communication preference at any time. Account–related alerts are sent to you as part of MinorMonitor’s service. Alerts will be sent to the email address you have provided as your primary email address. If your email address changes, you are responsible for informing us of that change by changing your email address in the user settings. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

User-Provided Content

Our site may provide a community where you can communicate with other visitors and with us. By participating in the community, you agree to comply with the following rules:

  1. Your User-Provided Content intended for display on the Site will not include any content that is illegal, indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), threatening, defamatory, invasive of privacy or otherwise injurious to third parties; and that it will not consist of or contain software viruses or other malicious threats, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
  2. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User-Provided Content.
  3. You may not submit User-Provided Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity.
  4. By submitting content to us, you represent that you have all necessary rights to provide such content and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with MinorMonitor and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels.

LIABILITY AND WARRANTY DISCLAIMERS

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE  SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. MINORMONITOR HEREBY DISCLAIMS ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MINORMONITOR BE LIABLE TO YOU, ANY PARTY YOU REGISTER FOR SERVICES OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, USE OR OTHER ECONOMIC OR SOCIAL ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF MINORMONITOR UNDER THIS AGREEMENT OR REGARDING SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY SUCH LIABILITY.  Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.

COPYRIGHT COMPLAINTS

If you believe that your work has been copied by us or by any third party on our site in a manner that constitutes copyright infringement, please contact us with the details of such use to info@MinorMonitor.com.

YOUR INDEMNIFICATION OF MINORMONITOR

You agree that you will be responsible for any damages resulting from any violation of these Terms of Use to the fullest extent of the law. You further agree to indemnify and hold MinorMonitor, and its affiliates, officers, directors, 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 breach of these Terms of Use, or any violation of any law or the rights of any third party that occurs in connection with your use of the site.

GOVERNING LAW AND FORUM FOR DISPUTES

This Agreement shall be exclusively governed and construed in accordance with Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the MinorMonitor Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

MODIFICATIONS

We reserve the right to make changes to these Terms of Use and our other legal notices at any time. By continuing to use the Site following our posting of such changes, you agree to be bound by these Terms of Use as modified. We may change, restrict access to, suspend or discontinue the Site, or any portion of thereof, at any time.

 

Thank you for taking the time to read our Terms of Use. We appreciate it.