A: Website Usage Service Agreement (including TrustedEmail and TrustedCellphone) By using a website hosted and/or software by DigitalTown Inc., you agree to the following terms and conditions: The materials posted on these pages by association members, or by DigitalTown Inc. may be retrieved solely for your own personal use and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not otherwise copy, modify or distribute the contents of these pages without the express permission of DigitalTown Inc. Portions of these pages provide users an opportunity to exchange ideas, documents and information. The ideas, documents and information posted do not necessarily reflect the views of DigitalTown, Inc. While using these pages, you agree not to post, transmit or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or other rights of others, or damaging to software or hardware. DigitalTown Inc. reserves the right, which it may or may not exercise, to review, edit or delete any material that it deems to be inappropriate or in violation of these Terms and Conditions of Use and to deny access to anyone who violates these Terms and Conditions of Use. NOTWITHSTANDING THE ABOVE, DIGITALTOWN INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THESE PAGES OR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM THE USE THEREOF. By posting or submitting material to these pages you represent that you have all necessary rights in and to such material and that such material will not infringe on any personal or proprietary rights of any third parties. You authorize DigitalTown Inc. to use and/or authorize others to use such material in any manner or medium. You may obtain access to other sites on the Internet through these pages. By providing this service, DigitalTown Inc. is not responsible or liable for any information or publications of third parties on the Internet even if you access them through these pages. DIGITALTOWN INC. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES OR THEIR CONTENTS (INCLUDING WITHOUT LIMITATION MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN "AS IS" AND '"AS AVAILABLE" BASIS. DIGITALTOWN INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE PAGES. DIGITALTOWN INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES PROVIDED BY THESE PAGES WILL BE UNINTERRUPTED, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. DIGITALTOWN INC. ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES IS ACCURATE, COMPLETE OR CURRENT. IN NO EVENT SHALL DIGITALTOWN INC., ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA RESULTING FROM THE USE OF THESE PAGES. These pages are controlled and operated by DigitalTown Inc. in the United States and are intended for use within the United States. DigitalTown Inc. makes no representation that materials on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms and Conditions of Use shall be construed and enforced in accordance with the laws of the State of Minnesota. Any action to enforce these Terms and Conditions of Use shall be brought in the federal or state courts located in the State of Minnesota. AUTOMATIC BILLING SUBSCRIPTION By purchasing a DigitalTown subscription, you here by agree that you will be automatically billed upon the end of your subscription interval that you selected: Annually: every twelve (12) months or as stated in shopping cart. CANCELING YOUR AUTOMATIC BILLING SUBSCRIPTION To cancel your automatic billing subscription, go online to the manage account area and turn off auto billing or by calling our support staff at 1-952-890-2362 five (5) days a week from 9am to 4pm CST excluding holidays. Please be aware that when you cancel your auto billing subscription, your DigitalTown account will be disabled at that time expiration and all data will be loss. CANCELING YOUR ACCOUNT You can cancel your subscription. When this occurs, your automatic billing subscription will be terminated and your DigitalTown account will be disabled effective immediately. There are no refunds for unused subscription portions. REFUND POLICY If you experience technical issues with our software, we will work with you to resolve these issues in a timely manner. If these issues can't be resolved, you'll receive a refund if the software is proven defective. Refunds are not issued for just change of mind or no longer needed issues. Customers are made aware by the documentation on this website that, as the owner of the phone to be monitored, unrestricted physical access to the phone to be monitored is required. If a customer purchases this software and does not have unrestricted access (including locks, passcodes, etc.) to the phone to be monitored, we are not liable for refunds due to this situation. As it pertains to jailbreaking an iPhone and/or iPad, DigitalTown is not responsible for this process or assisting in this process as it is not a Digitaltown product or service. No refunds will be issued to any customer who is either unable or unwilling to jailbreak their iPhone and/or iPad. All iPhones and/or iPads must be jailbroken prior to installation and also, at the point of purchase, the customer agrees to this requirement. Any customer who claims they made a purchase in error or submitted fraudulent information will forfeit their right to any refund and will be held liable for all charges for the transaction. Please be aware that once you enter a new subscription billing cycle, refunds will not be given for that new time period. Please be aware that all refunds result in immediate discontinuation of services and support. All sales are final. DISCLAIMER All our products are distributed and licensed on an "as is" basis and no warranties or guarantees of any kind are promised by DigitalTown as to their performance, reliability or suitability to any given task. In no event shall DigitalTown be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other, which might arise from its use. It is a federal and state offense in most countries to install monitoring/surveillance software onto a phone which you do not own or have proper authorization to install. It may also be an offense in your jurisdiction to monitor the activities of other individuals if they are not your child. Check all state, federal and local laws before installing any monitoring software such as DigitalTown. You will never use the software to monitor adult individuals without their valid permission. Federal or local law governs the use of some types of software; it is responsibility of the user to follow such laws. AGREEMENT By installing, running, or using any DigitalTown product or service you agree to the above Policies. In addition you agree that you will follow the DigitalTown Policies at all times when using DigitalTown product or service. Failure to comply with our policies will result in the account being terminated without warning. SOFTWARE END USER LICENSE AGREEMENT PLEASE READ THIS LICENSE CAREFULLY BEFORE PURCHASING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE, DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR DEVICE, AND PROMPTLY RETURN PACKAGE AND ITS CONTENTS TO THE PLACE OF PURCHASE FOR A REFUND. The computer software, artwork, music, and other components included in this product (collectively referred to herein as the "Software") are the copyrighted property of DigitalTown and its licensors. The Software is licensed (not sold) to you, and DigitalTown owns all copyright, trade secret, patent and other proprietary rights in the Software. You may use the Software on a single computer. You may not: (1) copy (other than once for back-up purposes), distribute, rent, lease or sublicense all or any portion of the Software; (2) modify or prepare derivative works of the Software; (3) transmit the Software over a network, by telephone or electronically using any means, except in the course of your installation of the Software over authorized networks; (4) reverse engineer, decompile or disassemble the Software. Your license is automatically terminated if you transfer the Software. You expressly acknowledge and agree that use of the Software is at your sole risk. While DigitalTown remains undetected by any known software, it is the user's responsibility to stop programs which might block DigitalTown on the phone, should this situation arise. Due to the fact that the software is a digital good and registration information cannot be reclaimed, no refunds can be issued and all sales are final. All logs are stored inside your account for a minimum of 30 days. Logs older than 30 days are subject to deletion during maintenance of the server. B: Email Service Agreement THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES. This Email Service Agreement ("Agreement") sets forth the terms and conditions for use of the POP Email service (the "Email Service") between you and DigitalTown, Inc. (referred to as "we", "us" and "our"). The Administrative Role of the Email Service is provided to individuals who are eighteen (18) years of age or older. Only the Administrator can provide email to those seventeen (17) years of age and under and only the parent/guardian or someone with legal authority, to those twelve (12) years of age and younger. The Administrator is responsible for ensuring that the following terms and conditions are met and upheld. Please take the time to review this document carefully. By completing the registration process and indicating that you have read and agreed to this Email Service Agreement ("Agreement"), you are stating that you are eligible to receive the Email Service and that you agree to be bound by all the terms and conditions set forth in this Agreement. PRIVACY: It is our policy to respect your privacy. Please review our Privacy Policy to learn more about our policies and practices regarding your privacy while using our services. ACCEPTABLE USE POLICY: The Email Service provided by us is intended for individuals and is for your use only. Any unauthorized resale of the Email Service provided is expressly prohibited. You are responsible for providing us with complete and accurate information during the registration process. You are responsible for abiding by all local, national and international laws and regulations. Furthermore you agree to be solely responsible for all acts and omissions carried out under your username and password, including the content of your transmissions sent through the Email Service. By using the Email Service, you agree to NOT engage in any inappropriate activities, which include, but are not limited to the following: • Create a false identity for the purpose of misleading others. • Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any other duplicative or unsolicited e-mail messages. • Interfere with another user's enjoyment of this service or other similar services. • Collect any information about others without their prior consent. • Attempt to gain unauthorized access to our services, other accounts, computer systems and networks connected to the Email Service through any means or attempt to circumvent any protections or security systems. • Publish, distribute or disseminate any materials deemed to be inappropriate, profane, indecent, defamatory, infringing, obscene or unlawful by applicable laws or regulations. • Transmit or upload any materials intended to defame, harass, threaten, abuse, stalk or otherwise harm other individuals. • Transmit or upload any harmful materials such as viruses or any other malicious programs. • Transmit or upload any material that violate intellectual property laws, trademark and copyright laws or rights of privacy unless you own or control or own the rights to the material or have obtained the necessary permission to do so. ABUSE: We will not tolerate abuse of our services. We reserve the right to terminate any account, which we believe, in our sole discretion, is using the Email Service to transmit spam or other unsolicited commercial messages or for any other nefarious purpose. You agree to be held liable for any damages incurred by the abuse of our Email Service. FEES: You, hereby, agree to pay, prior to the effectiveness of the Email Service, the applicable fees for the Email Service. In the event any of the fees for the Email Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes. All fees are non-refundable, in whole or in part, even if your service is suspended or cancelled. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another. LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE EMAIL SERVICE, (b) USE OF THE EMAIL SERVICE, (c) INTERRUPTION OF THE EMAIL SERVICE OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE EMAIL SERVICE; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR PASSWORD; OR (h) APPLICATION OF ANY DISPUTE POLICY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR EMAIL SERVICES, BUT IN NO EVENT GREATER THAN $400.00 (US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. DISCLAIMER OF WARRANTY: We provide the Email Service on an "as is" basis without any expressed or implied representations, warranties or conditions. We do not guarantee that that the Email Service is offered in a timely, secure, or error-free manner. To the fullest extent permitted by applicable law, we disclaim all warranties and conditions, express or implied, including but not limited to merchantability, merchantable quality, correspondence to description and fitness for a particular purpose. INDEMNIFICATION: You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damage including reasonable Attorney's fees asserted by any third party due to or arising out of your use of or conduct on the Email Service. TERMINATION: We have the authority to terminate all or part of the Email Service with or without cause at any time for any reason. We may terminate your account with or without cause at any time for any reason and/or if you violate any terms of this Agreement. We may terminate your account for inactivity, which is defined as failing to log in to your account for an extended period of time. If you wish to terminate your account voluntarily, you may do so by discontinuing the usage of the Email Service. Upon termination of your account, your right to use that account immediately ceases, and we have no further obligations to maintain the content in your account or to provide you any further services. PROPRIETARY RIGHTS: All content, including but not limited to text, images, graphics, software, code or other material contained in our web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content made available through the Email Service and all our related web sites, including all code and software. MODIFICATIONS TO TERMS OF SERVICE AGREEMENT: We reserve the right to change or modify this Agreement at any time. In the event of a change or modification to this Agreement, we will notify you by posting an updated version of this Agreement on this web site. You are responsible for regularly reviewing this Agreement. Continued use of the Email Service after any such changes or modifications shall be taken as your acceptance to be bound by the terms and conditions set forth in the modified Agreement. GOVERNING LAW AND JURISDICTION FOR DISPUTES: With respect to any dispute concerning the Email Service, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Minnesota, as if the Agreement was a contract wholly entered into and wholly performed within the State of Minnesota. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in Dakota County, Minnesota, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account with us or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or the email address provided by us via the Email Service. GENERAL: This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us, and supersedes and governs all prior proposals, agreements, or other communications with respect to the Email Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. Disputes Any dispute relating in any way to your visit to DigitalTown, Inc or to products you purchase through DigitalTown, Inc shall be submitted to confidential arbitration in Burnsville, Minnesota, except that, to the extent you have in any manner violated or threatened to violate DigitalTown, Inc's intellectual property rights, DigitalTown, Inc may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Address DigitalTown, Inc Legal Department 11974 Portland Ave Burnsville, MN 55337 Telephone: (952) 890-2362 Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to DigitalTown, Inc must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed; Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed; Information related to the work(s) reasonably sufficient for DigitalTown, Inc to promptly locate the work (e.g. title of work, location within the DigitalTown, Inc web site, spirit site or hosted site, etc.); Information reasonably sufficient to permit DigitalTown, Inc to directly contact the complaining party, such as a complete name and address, telephone number, and an email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement requesting that DigitalTown, Inc take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you do not agree with these Terms and Conditions of Use, do not use the Web pages hosted by DigitalTown Inc. DigitalTown Inc. reserves the right to change these Terms and Conditions of Use at any time without notice. If you do not agree with these Terms and Conditions of Use, do not use the Web pages hosted by DigitalTown Inc. © 2012/13 DigitalTown Inc. All Rights Reserved. Our privacy guidelines and conditions can be found at www.digitaltowncorp.com
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