Online Data License Terms and Conditions

By clicking on the "I agree to the Terms & Conditions" checkbox during checkout, you agree that both you and the business on behalf of which you are licensing the Parentfax data through this website (collectively “You”) shall be bound by and shall strictly comply with all of the following terms and conditions and that PFAX Pay LLC and Parentfax Child Care Data Services LLC. (“Parentfax”) shall be the beneficiary of such agreement and shall be entitled to enforce these terms:

Definitions

The following capitalized terms shall have the meaning ascribed thereto in this Agreement:
“Agreement” shall mean these terms and conditions.
“Business Data” shall mean Parentfax business marketing prospect data.
“Business Data Services” shall mean Parentfax licensing a Business Data List to You pursuant and subject to this Agreement.
“Business Credit Reports” shall mean Parentfax proprietary reports comprised of a business credit profile data and Parentfax’s associated proprietary PX Grade.
“Claim” shall mean any third party claim, damage, loss, liability, cost or expense, including reasonable attorney’s fees.
“Confidential Information” shall mean all information, materials and Parentfax Data that Parentfax discloses to You in the performance of this Agreement and the performance of the Services.
“Consumer Data” shall mean Parentfax consumer marketing prospect data.
“Consumer Data Services” shall mean Parentfax licensing a Consumer Data List to You pursuant and subject to this Agreement.
“Parentfax Data” shall mean any information or data provided to You pursuant to any of the Services.
“Parentfax Property” shall mean the Website, the Parentfax Data and any technologies, methods, processes, know-how, techniques and any other Intellectual Property Rights used, originated or developed in connection with the Services, this Agreement.
“Fees” shall mean the fees for the Services.
“Indemnify” shall mean to indemnify, defend and hold harmless a Party and its officers, directors, and employees from and against any and all third party claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees).
“Intellectual Property Rights” shall mean any and all copyrights, patents, trademarks, trade secrets, and any other intellectual property rights recognized under applicable law associated with or relating to Parentfax’s proprietary data, software, materials, technologies, processes, and methodologies, and any all extensions, modifications and enhancements thereto, and derivative works thereof.
“License Term” shall mean the duration of Your permitted use of Parentfax Data, which shall be deemed to be for a one time use unless otherwise set forth in Your Order for the applicable Services.
“List” shall mean Parentfax Data that Parentfax compiles based upon Your designated selection criteria.
“Monitoring Services” shall mean Parentfax services to monitor and provide updates to the Business Credit Report of a designated entity.
“Order” shall mean Your order for Services at the Website.
“Registry” shall mean any federal, state or other “Do Not Call” registry.
“Report Services” shall mean Parentfax licensing Business Credit Reports to You at the Website pursuant to the terms of this Agreement.
“Services” shall mean the Business Data Services, Consumer Data Services, Report Services and/or Monitoring Services that Parentfax provides to You pursuant and subject to the terms of this Agreement.
"Security Breach" shall mean any actual, potential or threatened unauthorized access to or use of any Parentfax Data.
“Premier Summarized Credit Statistics” shall mean Parentfax Data that contains financial information that has been statistically aggregated by combining records without personal information to a minimum of combined records at the ZIP Code +4 level.
“Website” shall mean the Parentfax Internet website located at parentfax.com and all related or linked web pages.

Services and Fees

Services. Parentfax shall provide You with the Services for which You submit an Order at the Website in accordance with this Agreement and the descriptions set forth at the Website applicable to such Services. Parentfax may decline to fulfill any Order with or without notice to You and may terminate Your right to use any of the Services or Parentfax Data upon notice to you in writing or by electronic mail. Upon receipt of such notice, You shall immediately cease any use of the Parentfax Data.
Monitoring Service Alerts. An email containing an alert will be sent to you when there are specific changes to the information in the credit file of the company You for which You are receiving Monitoring Services.
Fees. You shall pay the Fees for the Services in accordance with the payment terms and methods set forth at the Website.
Monitoring Service Fee Terms. The following terms and conditions shall apply to the Monitoring Services:

Your subscription for any Monitoring Report is effective for the period covered by your subscription plan and continues upon Your payment of the respective subscription fee. Subscription fees for your plan will automatically be charged, at the then current rate, to the credit card or other billing source authorized by You, until you cancel Your subscription. If You sign-up for multiple subscription plans, You will be billed separately for each plan.
For annual subscription plans, You may cancel the Monitoring Services for a prorated refund with such proration based upon the number of months already used with a minimum fee equal to four months charges under the current monthly subscription plan by submitting a request in the 'Help/ Contact us' section at the Website. Prior to the end of your annual subscription, notification will be emailed to you at least one week prior to the end of Your annual term during which You will have the ability to cancel the Monitoring Services and automatic renewal of Your subscription for an additional annual term. Unless cancelled by You prior to the expiration of the annual term, Your subscription will be automatically renewed for an additional annual term and the applicable annual charge will be billed to the credit card or other billing source authorized by You. Parentfax will give You 30 days notice by email of the pricing for the renewal term. Pricing for the renewal term will be at the then current pricing for the annual subscription plan. Monthly subscription plans may be cancelled at any time after the first 4 months by submitting a request in the 'Help / Contact us' section at the Website. Unless cancelled by You, the applicable monthly charge will be billed automatically to the credit card or other billing source authorized by You. Prices for monthly subscription plans are subject to change upon 30 days notice by email.

Parentfax Data Use and Restrictions

Parentfax Data License. Parentfax hereby grants to You a limited, nonexclusive, and nontransferable license to use the Parentfax Data during the License Term in the United States for Your internal use in strict accordance with this Agreement. You shall destroy the Parentfax Data within ten (10) days following the expiration or termination of the License Term. In the event that You fail to comply with the foregoing, Parentfax may charge You additional Fees for Your continued use of the Parentfax Data at Parentfax’s then-standard rates, in addition to exercising any other remedies Parentfax may have at law or in equity.
Parentfax Data Terms. The following terms and conditions apply to Your use of any of the Parentfax Data:

You shall not:

resell, license, or otherwise provide or disclose Parentfax Data to any third party;
copy or otherwise reproduce any Parentfax Data, except as necessary for backup or security purposes;
attempt to discover or reverse engineer any confidential and proprietary criteria developed or used by Parentfax in the compilation of the Parentfax Data or the performance of the Services;
merge or incorporate the Parentfax Data with any third-party file without Parentfax’s prior written consent;
use Parentfax Data to enhance any third-party file or list, or develop, publish or maintain any list, enhancement, directory, or other similar product;
use Parentfax Data in any marketing communication that refers to selection criteria or presumed knowledge about the recipient.

You shall use all Parentfax Data in strict accordance with:

all applicable federal, state and local laws, regulations, rules, and judicial and administrative decisions;
relevant industry guidelines; and
Your own privacy policies.

You acknowledge that Parentfax Data has not been collected for credit purposes and is not intended to be indicative of any consumer’s creditworthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC Section 1681a. You shall not use any Parentfax Data as a factor in establishing any consumer’s eligibility for

credit or insurance used primarily for personal, family or household purposes,
employment purposes, or
other purposes authorized under Section 604 of the FCRA, 15 USC Section 1681b or any similar statute.

You will maintain reasonable security procedures and practices appropriate to the nature of the information to protect the Parentfax Data from unauthorized access, destruction, use, modification or disclosure. You shall provide Parentfax immediate written notice upon discovery or notification of any Security Breach and immediately and at Your own expense investigate and take all steps to identify, prevent and mitigate the effects of any Security Breach. You shall promptly provide to Parentfax a detailed description of the incident, the Parentfax Data accessed, the identity of affected consumers, and such other information as Parentfax may request concerning the Security Breach and conduct any recovery necessary to remediate the impact and bear any cost or loss Parentfax may incur as a result of a Security Breach, including any cost associated with Parentfax notifying any affected consumers.
Upon reasonable notice to You, Parentfax may withdraw or decline to provide to You any Parentfax Data or Services to comply with any requirements imposed by any applicable federal, state, or local law, rule or regulation, judicial or administrative decision, or industry self-regulatory guideline or in the event Your use of the Parentfax Data or Services is the subject to a substantial, adverse and documented consumer reaction related to consumer privacy issues.

Business Data Terms. The following terms and conditions apply to Your use of any of the Consumer Data or Business Data:

You shall use Business Data solely for Your internal use for Your customer enrollment purposes.

Consumer Data Use and Restrictions. The following terms and conditions shall apply to Your use of the Consumer Data:

You shall not use Consumer Data for any of the following purposes:

direct mail;

conducting telephone solicitations; or

conducting telephone or direct mail surveys. In addition, You may not utilize a List for Your internal marketing analysis.

Upon Parentfax's request, You shall provide to Parentfax a copy of all components of any direct marketing offer using Parentfax Data for Parentfax review. Parentfax may suspend or terminate Consumer Data Services in the event You fail to comply with this Agreement or any such solicitation fails to comply in any respect with this Section.

To the extent you receive the Parentfax Data entitled, “Premier Summarized Credit Statistics”, in addition to the foregoing restrictions and terms of use for Consumer Data, the following restrictions and terms of use apply specifically to Your receipt (if any) and use of the Premier Summarized Credit Statistics:

You hereby represent and warrant to Parentfax that You shall use, protect, maintain and store any and all Premier Summarized Credit Statistics, or any lists derived from the Premier Summarized Credit Statistics in strict accordance with the following:

You shall use the Premier Summarized Credit Statistics solely for internal purposes in connection with Your customer or prospect lists and in no event shall You disclose the Premier Summarized Credit Statistics, in whole or in part, to, or use the Premier Summarized Credit Statistics for the benefit of, any third party.

You shall not duplicate or copy the Premier Summarized Credit Statistics except as necessary for record retention or legal purposes.

You shall not attempt to derive, decode, or otherwise reverse engineer any of the variables within, or processes utilized by Parentfax in the development of, the Premier Summarized Credit Statistics

You shall not use Premier Summarized Credit Statistics for any purpose at an individual consumer level, including portfolio review purposes, or to link Premier Summarized Credit Statistics data to or seek to determine the identity or any identifying attributes (such as name, address, Social Security number, or customer account number) of any individual.

You shall use the Premier Summarized Credit Statistics only in a positive or inclusive manner and will not use the Premier Summarized Credit Statistics to deny or exclude the offer of services or goods to a consumer or in any manner to discontinue, cancel, or deprive any individual or group of individuals of an already existing right or benefit.

You shall not use the Premier Summarized Credit Statistics to satisfy compliance with any You legal requirement or in a manner that violates any local, state or federal laws or regulations nor in a manner which is subject to the Equal Credit Opportunity Act (15 U.S.C. §1691 et seq.) or the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.), including credit eligibility or collections.

You shall not use Premier Summarized Credit Statistics as the basis of any published analysis or study without Parentfax’s express written authorization, including in any services that will be shared with any third party.

You shall not use Premier Summarized Credit Statistics in connection with adult entertainment products or services, media/journalists, or for credit repair.

Business Credit Report Use and Restrictions

The following terms and conditions shall apply to Your use of the Business Credit Reports:

(a) You agree that Your use of any Business Credit Report:

-will be solely in connection with a present or prospective credit or financial transaction with the business entity inquired upon, or for other legitimate commercial purposes, for internal use only and will not be resold; -will not be a factor in establishing an individual's eligibility for credit or insurance or used for personal, family or household purposes, or employment purposes; -will be in compliance with all special use restrictions set forth in the Agreement or hereafter adopted by Parentfax; -will be maintained in confidence and disclosed only to persons whose duties reasonably relate to the business purposes for which the information was requested; and

(b) You acknowledge that the Business Credit Reports You receive from Parentfax under this Agreement include non-public information about businesses and, as such, You shall maintain the information in strict confidence and will not disclose such information other than to its employees who have a need to know, or pursuant to legal requirements.

Warranty

4.1 General Warranty

Parentfax warrants to You that: (i) Parentfax shall use commercially reasonable efforts to provide the Services in a timely manner and in accordance with applicable Services descriptions set forth in Your Order; and (ii) the Parentfax Data will be as complete, accurate, and current as such data can be in view of Parentfax’s customary method of compilation or acquisition of such data and the nature and accuracy of Parentfax’s sources for such data.

4.2 Warranty Disclaimer

Because the Services may involve conveying information provided to Parentfax by other sources, Parentfax cannot and will not, for the fee charged for the Services, be an insurer or guarantor of the accuracy or reliability of the Services or the data contained in its various databases. THE WARRANTIES SET FORTH IN SECTION 4.1 ARE THE ONLY WARRANTIES PARENTFAX HAS GIVEN YOU WITH RESPECT TO THE SERVICES OR THE PARENTFAX DATA. PARENTFAX MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, ANY PARENTFAX DATA, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) SUPPLIED BY PARENTFAX HEREUNDER, AND PARENTFAX HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY DATA OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Indemnification

5.1. Parentfax

Parentfax shall indemnify, defend and hold harmless You and Your officers, directors, and employees from and against any and all Claims to the extent arising as a result of any (i) infringement of any United States patent, copyright, trade secret, or other intellectual property right in connection with the Services or the Parentfax Data; and (ii) Parentfax violation of any applicable national, federal, provincial, state and local laws, regulations, rules, or judicial or administrative decision or order in Parentfax’s performance of the Services or provision of the Parentfax Data to You in accordance with this Agreement.

5.2. You

You shall indemnify, defend and hold harmless Parentfax and its officers, directors, and employees from and against any and all Claims to the extent arising as a result of any (i) breach of the terms of this Agreement; (ii) Security Breach; and (iii) violation by You of any applicable federal, state and local laws, regulations, rules, or judicial or administrative decision or order in Your use of the Parentfax Data or the Services.

5.3. Procedures

A Party seeking indemnification for a Claim pursuant to this Agreement (“Indemnified Party”) shall provide written notice detailing the circumstances of the Claim to the Party responsible for indemnifying against the Claim (“Indemnifying Party”) promptly following the discovery of such Claim by the Indemnified Party. Failure to timely provide such notice shall not diminish the Indemnifying Party’s indemnification obligation except to the extent the Indemnifying Party’s ability to defend such Claim is materially prejudiced by such failure or delay. The Indemnified Party shall provide the Indemnifying Party with such information and cooperation as the Indemnifying Party may reasonably request.

Limitation of Liability

You acknowledge that Parentfax maintains several databases compiled from multiple sources updated on a periodic basis, and that Parentfax does not undertake a separate investigation for each inquiry or request for Services or Parentfax Data made by You. You also acknowledge that the Fees are based upon Parentfax’s expectation that the risk of any loss or injury that may be incurred by use of the Services and Parentfax Data will be borne by You and not Parentfax. If You reasonably determine that the Services or the Parentfax Data do not meet Parentfax’s obligations under this Agreement, You shall so notify Parentfax in writing within ten days following their receipt. Your failure to so notify Parentfax shall mean that You accept the Services and Parentfax Data. If You so notify Parentfax within ten days after receipt of the Services, then, unless Parentfax reasonably disputes Your claim, Parentfax shall, at its option, either reperform the applicable Services or issue You a credit for the amount You paid to Parentfax for the nonconforming Services or Parentfax Data. THE WEBSITE, PARENTFAX DATA AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE’ AND PARENTFAX WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES BASED ON ANY ERRORS OR OMISSIONS WITH RESPECT THERETO. PARENTFAX’S REPERFORMANCE OF THE SERVICES OR THE REFUND OF ANY FEES SHALL CONSTITUTE YOUR SOLE REMEDY AND PARENTFAX’S MAXIMUM LIABILITY UNDER THIS AGREEMENT. IF NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON PARENTFAX, THEN YOU AGREE THAT PARENTFAX’S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM PARENTFAX’S ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NOT EXCEED THE FEES PAID BY YOU HEREUNDER FOR THE SERVICES THAT ARE THE SUBJECT OF THE ALLEGED BREACH. YOU COVENANT THAT YOU WILL NOT SUE PARENTFAX FOR ANY AMOUNT GREATER THAN AS SET FORTH IN THIS SECTION 6.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL PARENTFAX BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS, OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF PARENTFAX IS ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT ARISE.

Miscellaneous

7.1 Use of Website

No part of the Website may be reproduced, modified, or distributed in any form or manner without the prior written permission of Parentfax. Elements of the Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied in whole or in part. No logo, graphic, or image from this Web site may be copied or retransmitted without Parentfax's express written permission. Your Log-In ID and Password for the Website are confidential and You agree that You will not share them with, or disclose them to, any third party. Parentfax may use Your Log-In ID and Password to monitor Your use of the Services. You agree that You will not, and will not permit third parties to, access the Parentfax Data and the Services using Internet bots or other automated or electronic inquiries or methods.

7.2 Updates

The Parentfax Data and Services available on this Website may include technical inaccuracies or typographical errors. Parentfax has the right to change, modify or add to the terms and conditions governing this Website or any part thereof, the information, or Services offered through this Website. Such changes, modifications, additions or deletions shall be effective immediately upon notice to You, which may be given by any means including posting on this Website or by other electronic or conventional means. You agree to review this page periodically to be aware of such changes, modifications, additions or deletions. Your continued use of the Website after such notice has been given shall be deemed to constitute your acceptance of the changes, modifications, additions or deletions. If any information you provide is untrue, inaccurate or not current, or if Parentfax has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Parentfax, at its sole discretion, has the right to suspend or terminate Your use of any Service and refuse all current or future access to the Website and use of the Services or suspend or terminate any portion thereof. Further, You agree that Parentfax will not be liable to You or any third party if Parentfax suspends or terminates your access to the content or products for any reason.

7.3 Governing Law

This Agreement shall be deemed to have been performed in and shall be governed by the internal laws of the State of Illinois without regard to its conflicts of law principles. The Parties agree that the venue for adjudication of any dispute under this Agreement shall be in the federal or state courts in Cook County, Illinois.

7.4 Rights

Parentfax and the Parentfax products referenced in this site are either trademarks, service marks or registered trademarks of Parentfax Child Care Data Services, LLC or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any Parentfax trademark may be made by any third party without express written consent of Parentfax. Parentfax shall own and retain exclusively all right, title and interest in and to any Parentfax Property. You acknowledge that Parentfax has expended substantial time, effort and funds to create and deliver the Services and compile its various databases and that all data in Parentfax’s databases and any other intellectual property that are used or developed in connection with the Services are and will continue to be Parentfax’s exclusive property. Nothing contained in this Agreement shall be deemed to convey to You or to any other party any ownership interest in or to intellectual property or data used or provided in connection with the Services.

7.5 Assignment

This Agreement may not be assigned, transferred, shared or divided in whole or in part by You without Parentfax’s prior written consent.

7.6 Waiver

Parentfax may waive compliance by You with any covenants or conditions contained in this Agreement, but only by written instrument signed by an authorized representative of Parentfax. No such waiver, however, shall be deemed to waive any other circumstance or any other covenant or condition not expressly named in the written waiver.

7.7 Records and Audit

You shall maintain complete, detailed, and accurate records (in accordance with standard accounting practices) of Your use of the Services and the Parentfax Data for one (1) year after the License Term. Parentfax may once per annum, upon reasonable notice to You and during regular business hours, inspect, audit, and/or copy any records that directly relate to the foregoing.

7.8 Severability

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, void, illegal, or unenforceable by any court, arbitrator, or governmental agency, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid, void, illegal, or unenforceable provision(s) shall survive to the extent not so held. To the extent reasonably possible and practicable, the invalid, void, illegal, or unenforceable provision(s) shall be replaced by a mutually acceptable valid, legal, and enforceable provision(s) which best reflects the Parties' intentions underlying the replaced invalid, void, illegal, or unenforceable provision(s).

7.9 Survival

Agreement Sections 3.1, 5, 6 and 7 shall survive any termination or expiration of this Agreement or the applicable License Term, and shall continue in full force and effect.

7.10 Complete Agreement

This Agreement, as supplemented by the Order, sets forth the complete understanding of Parentfax and You with respect to the subject matter hereof and supersedes all prior agreements, communications or representations, whether oral or written, made by any representative of either party relating hereto.

8.0 Email Marketing Services Terms of Use

THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND PARENTFAX CHILD CARE DATA SOLUTIONS, LLC ("PARENTFAX", "WE" OR "US") a provider of retail web hosting, e-mail, electronic commerce, and domain name services (“Services”).

ACCEPTANCE:
YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;
IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO PARENTFAX THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.
PROHIBITED CONDUCT

You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)

Maintaining an open SMTP relay

Facilitating a Violation of this Policy

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software

Infringing Intellectual Property Rights

Engaging in any activity that:

infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities

violates privacy, publicity, or other personal rights of others; is libellous or defamatory, false or contrary to public policy

Obscene Speech or Materials

Using PARENTFAX’s Services to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of illegal pornography or obscene speech or material. PARENTFAX shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through PARENTFAX’s Services

Promoting Violence or Injury

Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities

Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances contrary to any laws

Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property

Defamatory or Abusive Language

Using PARENTFAX’s Services as a means to transmit or post defamatory, harassing, abusive, or threatening language

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking")

Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information-gathering activity)

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks

Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States

Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software

Gambling

Engaging in or promoting gambling contrary to any laws

Promoting Intoxicants

Displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance contrary to any laws

Instructing others in Prohibited Activities

Providing instructions with respect to any activities listed in (a) through (n) above

Other Activities

Engaging in any other activity, whether lawful or unlawful, that PARENTFAX in its sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.

LIMITATION OF LIABILITY AND INDEMNITY

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL PARENTFAX CHILD CARE DATA SOLUTIONS, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "PARENTFAX ENTITIES" AND EACH, AN “PARENTFAX ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE PARENTFAX ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH PARENTFAX]' SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES OR ISP’S.

CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE PARENTFAX ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE PARENTFAX ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO PARENTFAX] BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF FIVE DOLLARS ($5.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY PARENTFAX HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE PARENTFAX ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.

You hereby acknowledge and agree that PARENTFAX and its suppliers and agents will NOT be liable for any delay, outages or interruptions of the Services. Further, PARENTFAX shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electrical, electronic, communications, ISP or third-party supplier failure).

You hereby release and hold harmless, and agree to indemnify, the PARENTFAX Entities against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by the PARENTFAX Entities, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) your use the Services; or (c) your violation, alleged violation, or misappropriation of any law or intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).

You are hereby notified that the PARENTFAX Entities are intended third-party beneficiaries of this Agreement, with a right of enforcement of the terms hereunder, including exclusions and limitations of liability and the indemnities contained in this Agreement.

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PARENTFAX DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Although PARENTFAX will use commercially reasonable measures to maintain the security of the Services, PARENTFAX assumes no responsibility for the effectiveness of these security measures provided by PARENTFAX.

The Services, or a portion thereof, may be provided by Parentfax’s agents or suppliers, on behalf of Parentfax.

CONSEQUENCES FOR ENGAGING IN PROHIBITED CONDUCT.

In the event that you engage in any of the activities above, as determined by PARENTFAX in its sole discretion, PARENTFAX, by itself or through its agent(s) or suppliers, may immediately suspend or terminate access to the Services or terminate our [NAME OF AGREEMENT] agreement with you and recover costs and expenses for any harm caused to the PARENTFAX or its agents or suppliers.

DIGITAL CONTENT LICENSE AGREEMENT

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE DIGITAL CONTENT (AS DEFINED BELOW).

THIS LICENSE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND PARENTFAX CHILD CARE DATA SOLUTIONS, INC. ("PARENTFAX, "WE" OR "US"), A PROVIDER OF RETAIL WEB HOSTING, E-MAIL, ELECTRONIC COMMERCE, AND DOMAIN NAME SERVICES (“SERVICES”).

WE ARE NOT IN A POSITION TO OFFER GUIDANCE ON EACH INDIVIDUAL USE OF THE DIGITAL CONTENT. PLEASE CONSULT INDEPENDENT LEGAL RESOURCES IN CASES WHERE YOU ARE UNCERTAIN ABOUT INTENDED USAGE. SUPPLEMENTARY RIGHTS MAY NEED TO BE ACQUIRED IN SOME CASES.

ACCEPTANCE:
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE AGREEMENT;
IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO PARENTFAX THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THIS DIGITAL CONTENT.

LICENSE:
Through our Services, you will be provided with objects including their API's as well as images, photographs, templates, animations, video, audio, music, text and "applets", and "online" or electronic documentation (together called the "Digital Content").
You may use, modify and publish the Digital Content in accordance with the terms of this License Agreement.
Any supplemental software code and supporting materials provided to you as part of support services for the Digital Content shall be considered part of the Digital Content and are subject to the terms and conditions of this License Agreement.
The copyright and all other rights to the Digital Content shall remain with our licensors.

PERMITTED USE OF DIGITAL CONTENT:

YOU MAY incorporate the Digital Content into your own original work and publish your work in a web site provided that:

The Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason; and
You continue to pay for our Services.

UNAUTHORIZED USES OF DIGITAL CONTENT:

YOU MAY NOT:

Post web pages containing the Digital Content on servers other than those owned or operated by PARENTFAX or our suppliers;
Use the Digital Content for any purpose, if you no longer pay for our Services;
Use the Digital Content to create printed or “hard copy” documents;
Use the Digital Content in electronic format, on-line or in multimedia applications unless the Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason;
Use the Digital Content in Web page design whereby the Digital Content is in a format designed or intended for storage or re-use by others;
Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service;
Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
Translate, reverse engineer, decompile, or disassemble the Digital Content;
Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
Use the Digital Content or make copies of it except as permitted in this License Agreement.

TERM:
This License Agreement shall remain in effect only for so long as you:
Are in compliance with the terms and conditions of this agreement; and
Pay for the Services provided by PARENTFAX.
You agree, upon termination, to cease using and destroy all copies of the Digital Content.
Section D above and the Limitations of Warranties and Liability set out below shall continue in force even after any termination.

LIMITATION OF WARRANTIES AND LIABILITY:

THE DIGITAL CONTENT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE DIGITAL CONTENT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR ONE MONTH’S ACCESS TO OUR SERVICES. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION:

YOU SHALL INDEMNIFY PARENTFAX, OUR LICENSORS, PROVIDERS, SUPPLIERS OR AFFILIATES AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES INCURRED BY ANY OR ALL OF THEM AS A RESULT OF YOUR BREACH OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, OR YOUR USE OF THE DIGITAL CONTENT AND RELATED RIGHTS.

U.S. GOVERNMENT RIGHTS:

With respect to any acquisition of the Digital Content by or for any unit or agency of the United States Government (the "Government"), the Digital Content shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (“DoD”) FAR Supplement (the "DFARS"). The Digital Content was developed entirely at private expense, and no part of the Digital Content was first produced in the performance of a Government contract. If the Digital Content is supplied for use by DoD, the Digital Content is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as amended or applicable. If the Digital Content is supplied for use by a federal agency other than DoD, the Digital Content is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as amended or applicable.

Electronic Signature Acknowledgement

I understand that the electronic application process in which I am currently engaged uses an electronic signature process that allows me to sign and agree to legally binding agreements online by using my mouse to click to enter and agree. I acknowledge that I intend to use this electronic application process to provide my signatures electronically. I understand that these signatures are legally binding, and are governed by the Federal E-Sign Act of 1997, and/or the UETA governances (or an amended version thereof) in my state of residence. I agree to be bound by these governances.
I represent and warrant that I am authorized by the entity on behalf of which I am signing and agreeing to these agreements to do so. I also agree that the electronic signatures that I provide online will be binding upon me and the entity on behalf of which I am signing, and will not be construed by a court of law to have any less effect than a standard ink or paper signature.
I represent that the information I have provided on the Application is complete and accurate, and I authorize Parentfax to verify the information on this Application and to receive and exchange information about me, including requesting reports from consumer reporting agencies.
I acknowledge that: (a) this complete and legible Application has been provided to me, (b) I was technically capable of opening, reading, printing, downloading and/or saving all sections of the Application, (c) I had a reasonable opportunity to open each section of the Application, read it, and sign and agree to it by selecting “I Agree” and using my mouse to click to enter and agree to be bound by its provisions. I further understand that no strikeouts, interlineations,additions or modifications to this preprinted Application may be made and that this Application may be transmitted to or from Parentfax or their agents and/or retained electronically by Parentfax or their agents, which will constitute an original. I understand that this Application is subject to approval by Parentfax.

GENERAL:
In the event that PARENTFAX notifies you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a web site design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by PARENTFAX in your possession or control.
This License Agreement is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
This License Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.
If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License Agreement and the other provisions shall remain in full force and effect.

Definitions

Services and Fees

Parentfax Data Use and Restrictions

Electronic Signature Acknowledgement