FamilyFellowship.com

IMPORTANT

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING & INSTALLING THE SOFTWARE ON YOUR COMPUTER. THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED CONTRACT SIGNED BY YOU.

YOU MUST INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT BY CLICKING “ACCEPT”. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, CLICK “DECLINE”, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE AND YOUR ACCOUNT WILL BE CANCELED. YOUR ACCESSING THE SOFTWARE SHALL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT.

Notwithstanding anything to the contrary, if you receive the Software by a purchase agreement with Familyfellowship.com or through a third party, the terms of this license agreement / purchase agreement shall also be applicable; they shall not supersede the terms of this Agreement and the terms of this Agreement shall govern as they relate to this Licensee and Familyfellowship.com to the extent that such terms are maybe inconsistent. Furthermore, this Agreement is separate and apart from any agreement that you may have with or through a third party and your shall be entitled to use the Software notwithstanding any agreements that you have with a third party, as long as you are not in default of the terms of this Agreement. You agree to advise Familyfellowship.com of your current mailing and email address and will notify Familyfellowship.com via electronic mail by using the electric mail form located on www.Familyfellowship.com, Customer care, of any changes to same.

1. Contract Formation

(a) Nature of the Document

This document is a legal agreement (the ''Agreement'') between you the purchaser (the ''Licensee'') and Familyfellowship.com. (''Familyfellowship''), which contains the terms and conditions that must be complied with if you purchase and download thus accessing the software (the ''Terms'') including the accompanying written or text materials (collectively the ''Software''). This Agreement also applies to any and all other related or bundled software, products, and/or suites, and their accompanying materials, and the terms and conditions of same are incorporated herein by reference. The acceptance of this Agreement constitutes the acceptance of the terms and conditions associated with all other related or bundled software, products, and/or suites, and you are bound by the terms and conditions of same. You should refer to the respective agreements associated with the aforementioned related or bundled software, products, and/or suites for details regarding their terms and conditions. Furthermore, each of the following acts by Licensee, its employee or agent, shall constitute acceptance of the terms and conditions of this Agreement and its agreement to be bound thereby: (a) loading or installing any of the executable files, DLL's or data files of Familyfellowship into memory or virtual memory of any computer; (c) clicking to signify acceptance of this Agreement via Familyfellowship online licensing acceptance screen, or similar screen; (d) clicking to signify acceptance of this Agreement via Familyfellowship Installation routine; (e) delivering a signed copy of this Agreement to Familyfellowship. Licensee shall have no rights to any of the Software or its use unless you have accepted the terms and conditions of this Agreement and agreed to be bound thereby.

(b) Non-Negotiability of Terms

FAMILYFELLOWSHIP.COM IS WILLING TO LICENSE ONE COPY OF THE SOFTWARE TO YOU WHICH WILL ALLOW YOU TO DOWN LOAD THIS SOFTWARE FIVE (5) TIMES, be it on one PC or on a total of FIVE (5) PC’s , ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT.

PLEASE READ ALL OF THE TERMS IN THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. IF YOU INSTALL OR OTHERWISE USE THE SOFTWARE, YOU ARE THEREBY ACKNOWLEDGING THAT YOU HAVE READ ALL OF TERMS OF THIS AGREEMENT, AND AGREE TO BE BOUND BY THEM AND FURTHER THAT YOU ARE THEREBY ACKNOWLEDGING YOUR ACCEPTANCE OF THE TERMS.

(c) Acceptance or Rejection of Agreement

IF YOU DO NOT AGREE TO THESE TERMS, THEN FAMILYFELLOOWSHIP.COM IS NOT WILLING TO LICENSE THE SOFTWARE TO YOU. YOU MUST PROMPTLY AND PERMANENTLY DELETE/UNINSTALL ALL COPIES OF THE PRODUCT COMPLETELY FROM YOUR POSSESSION. Your ACCOUNT will be cancelled and you will not be able to use this software and such WILL RESTRICT YOUR ACCESS TO THE INTERNET UNTIL YOU UNINSTAL THE SOFTWARE.

2. License Grant

Familyfellowship.com grants to you the right to use one copy of the Software with Five (5) down loads to a total of Five (5) computers and Six (6) total profiles for computers using a windows operating system, together with any upgrades provided by Familyfellowship.com in the manner described in this Agreement.

3. Use Limitations

(a) Single Machine

You may use the licensed copy of the Software on only Five ( 5 ) computers which use PC window Operating systems computers. The Software is ''in use'' on a computer when it is loaded into temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. Use of this software does not permit you to transfer the Software from your account to anyone else’s computer. It is PER ACCOUNT LICENSE and you agree not to allow anyone other than your immediate family or Business to install and use this software. If you wish to use or install any bundled software product on more than one computer, you must purchase additional licenses for each additional computer. In the event that you have purchased the product which only contains Familyfellowship.com Global Internet Filtering software and no other products or software, such as a bundled or security suite, then you are permitted to install and run the Familyfellowship.com Global Internet Filtering software on a maximum of five (5) computers & to create up to Six (6) profiles on a single license. In the event that you wish to install the Familyfellowship.com Global Internet Filtering software on more than five (5) computers or to create more than Six (6) profiles, then you are required to purchase an additional license of this product.

(b) Networks

The Software may not be used on a remote access arrangement (by two (2) or more different people in two (2) or more different locations at the same time without an additional license. Note* each non network license provides for remote access by the purchaser of same for the purpose of accessing thier individual profile manager. In the event that you have purchased an Enterprise version of the Software or if the Software is licensed to an ISP, Telecommunication provider, school board, educational organization or association, or other multi-licensed user, then the Software may be used on any such approved computer network. For any multiple user or remote access arrangement you may need to agree to the terms of a separate network license from Familyfellowship.com, at Familyfellowship.com’s sole discretion.

(c) Home or Portable Computers

A copy of the Software may be used on a home or portable computer as long as the Software is the same Account name which purchased this license and is one of the FIVE (5) permitted downloads /installs as described herein. It May not be down loaded onto another PC that is not owned by or part of the  family PC's  of the Account HOLDER on record.

(d) Copies Permitted

You may make one copy of the Software solely for backup or archival purposes. You may not copy the written materials accompanying the Software.

(e) Single Permanent Transfer Permitted

(i) You may not rent or lease the Software. But you may transfer the Software on a permanent basis provided you retain no copies and the recipient agrees to accept all of the terms of this Agreement. If you transfer the Software, you must at the same time either transfer all copies, whether in printed or machine readable form, to the recipient or destroy any copies not transferred, including all modifications and portions of the program contained or merged into other software programs. If the Software has been updated, any transfer must include the most recent update and all prior versions.

(ii) You may not sublicense, assign, or transfer the license or the Software except as expressly provided in Clause 3(d)(i) of this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or responsibilities hereunder is void and your account will be subject to termination without recourse nor notification by Familyfellowship.com.

(f) Reverse Engineering Prohibited

You may not reverse engineer, decompile, recompile, create derivate works, modify, translate, disassemble, or make any attempt to discover the source code for the Software.

(g) Upgrades

If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Familyfellowship.com as being eligible for the upgrade in order to use the Software. Software labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this Agreement. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer

4. Copyright Limitations

(a) Ownership

Familyfellowship.com (Anderson, Texas United States of America) owns the web site www.familyfellowship.com and all copyright and other intellectual rights in the web site and its software architect Netsweeper, Inc (Ontario, Canada) owns the Software and all copyright and other intellectual rights in the software, INCLUDING but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and on the web site www.familyfellowship.com and the accompanying printed materials on site. Familyfellowship.com owns all branding within the software and Under the terms of this Agreement, you receive only a limited right to use the Software. The Software, website and any accompanying printed materials or brands are protected both by Canadian and United States laws and international treaty provisions. You may not sub-license, rent, copy, sell, or lease the Software, brands or any printed materials.

You may not copy or use any web site ( web site is specifically defined as www.familyfellowship.com and all its pages there in) images, logos, text or any other web site content without written permission issued by Familyfellowship.com.

(b) No Copies

EXCEPT AS PROVIDED FOR IN SECTION 3(b), YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE, OR ANY COPY, MODIFICATION, OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

(c) Copyright Notices

NO copies of this software or granted nor permitted by this agreement, other than in sections: 2. License Grant & 3. Use Limitations

5. Term

(a) License Duration - Auto renews

The license shall commence the date when you accept this agreement and have signed up for your Filter account and have successfully tendered payment then proceeded to down loading of the software thus installed on your Windows operating system computer and is effective until terminated by Familyfellowship.com for any or no reason or you chose to cancel your account or your payment is not successfully made. Your account will auto renew based upon the TERM of purchase you selected at the time of sign up are if you choose to change the TERM at any time via your MY Account area, your account will Auto renew at that Rate, moving forward.  This is meant to be of help to you, so your filtering account will remain active with out you haveing to take your time to renew. You can cancel any time you choose.You agree that Familyfellowship.com retains the right, in its sole discretion, to determine whether you are in violation of this Agreement, or any other associated agreement or any online policies. You agree that, if Familyfellowship.com determines that you are in violation of this Agreement, any restriction or termination of this Agreement will be effective immediately, without prior notice. You agree that Familyfellowship.com , its employees, agents, subcontractors, officers, directors, or suppliers will have no liability to you for any restriction or termination of this Agreement pursuant to such violation. You agree that certain violations, such as violating your license by sharing the Software with another party other than what is included herein., may constitute fraud or theft of services for which Familyfellowhship.com explicitly retains (i) all other rights set forth herein including the right to terminate this Agreement and any other related agreement, (ii) all legal and equitable remedies against you, and (iii) in addition to and not in derogation of all other remedies available to Familyfellowship.com, Familyfellowship.com shall have the right to impose an administrative/investigative charge to you, in Familyfellowship.com’s sole discretion, for each such infraction. Familyfellowship.com may change or otherwise amend this Agreement and any policy or related agreement or printed material at any time by posting same online or by sending you electronic or written notice. You are responsible for checking them online.

(b) Termination

(i) You may terminate the License at any other time by notifying us in writing; however, You must continue to honor the payment terms of this Agreement for the duration of the term of same.

(i a) 30 day guarantee - if you selected the Month to Month 30 day guarantee - you may terminate the License within the 30 days for a full refund. You must do so on the site under the MY Account section. Email or phone request do not qualify. This is for your account security.

(ii) The License will also terminate automatically upon your failure to comply with the terms of this Agreement. If this License terminates or expires due to non payment, then Familyfellowship.com may disable the application of the Software then place your account on hold and/or cease providing services to You. You will remain liable for any payments due while you had use of the filtering service software until paid and plus past due Administration fee of $35.00 will apply up and above any past due balance.

(iii) All Accounts are auto renewed and you are granted a 15 day grace period to bring your account to good standing in case your credit card on file was declined at time of the auto renewal without penalty or interruption of service. Day 16 your account will be discontinued if you have not brought your account up to date by tendering payment due and you will be liable for the time of use for those 15 days Plus an Administration $35.00 fee as described herein.

(iv) It is YOUR responsibility to uninstall the filter software program from any and all computers you have installed the filter software

NOTE: Once your account is disabled , canceled or otherwise disabled for nonpayment or after the 15 day grace period and you have NOT uninstalled the filter software  - such will result in you being unable to access the internet and your emails as the filter software is between you and the internet. So PLEASE be sure to uninstall – Support can and will issue you an uninstall key  during normal working hours ( see customer support page on www.familyfellowship.com ) – This will result in you being unable to access the internet during non working hours until support can issue you the unistall key for disabled accounts.  

By agreeing to these terms of service you accept and agree to YOUR responsibility to uninstall the filter software BEFORE your account is terminated ,if your account is terminated and you fail / do not uninstall the software you here by agree to hold Familyfellowship.com harmless and accept full responsibility.  

(c) Disposition of Software

You agree upon termination to uninstall thus destroy the software program, together with all copies, partial copies, modifications, and merged portions in any form together with the accompanying written materials.

(d) Renewal -all accounts Auto Renew

License is Auto renewed  for subsequent terms, by your credit card on file, paying Familyfellowship.com the same TERM of service you selected for your account. ( Monthly - Quarterly - Bi annual - Annual ) If your License is terminated for failure to renew or comply with the terms of this Agreement, or for any reason, you may reinstate the License by paying all amounts outstanding including the Administration $35.00 fee if applies, as specified by Familyfellowship.com Section 5. (iii). The Software may be provided with a mechanism that disables the Software if the term has expired. It is your responisablity to uninstall the software ( filter ) before it expires as once disabled it will restrict your access to the Internet and you will have to request Support to issue you an uninstall Key to remove the software during normal working hours displayed upon site under customer care. Familyfellowship.com will make every effort via emails to alert you that your account is about to expire. It is your responisablity to place support@familyfellowship.com in your white list - email allow list to be sure you get the notice(s).

(e) Cancelation

Notwithstanding the foregoing, this Agreement will automatically renew for successive terms as you have chosen upon sign up or upon any upgrade to a new price point as offered / shown on the “BUY NOW “ page located within the web site www.familyfellowship.com unless you cancel via the MY Account area on site.

Any portion already paid by you will not be refunded upon your notice to cancel.

Unless it is under the 30 Day Money back guarantee agreement stated upon www.familyfellowship.com, in this case you will be refund 100% of your purchase provided you have met the conditions of this agreement, otherwise your account will simply be terminated and no refund will be issued.

You AGREE TO BE  fully responsible for uninstalling all filter software from ALL Computers you have installed upon BEFORE YOU CANCLEL, as stated upon the cancelation page, where you acknowledge and confirm you have uninstalled the FILTER on ALL Computers you have installed the familyfellowship.com filter.  Further more you take 100% responsibility and hold harmless Familyfellowship.com in the case you do not uninstall the filter from ALL computers before canceling and thus such non removal of the filter software on your computer  results in you being unable to access your email or the internet as the filter stands between your computer and the internet filtering all traffic between your computer and the Internet.  Once you cancel you disable the filter from our Servers data base leaving only the filter software on your computer  - this results ( if you did not uninstall the filter  before canceling ) the Filter software being unable to “talk” communicate with our servers thus when you enter you profile manager pass word when uninstalling the filter software it will not recognize – be able to communicate with our servers in order to complete the uninstall. The filter can be removed at this point yet you will have to contact support between normal working hours to be issued an uninstall key. THEREFORE PLEASE BE CERTAIN YOU HAVE REMOVED THE FILTER SOFTWARE FROM ALL YOUR COMPUTERS BEFORE YOU CANCEL YOUR ACCOUT TO AVOID ANY PROBLEMS. 

6. Limited Warranties

(a) Licensee Responsible for Installation and Use

You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use, and results obtained from the software.

(b) No Performance Warranty

(i) THE SOFTWARE IS PROVIDED ''AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.

(ii) Familyfellowship.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. ALL EFFORTS ARE MADE TO INSURE A SMOOTH WORKING SOFTWARE PRODUCT YET SHOULD THE PROGRAM PROVE DEFECTIVE YOU AND NOT Familyfellowship.com ITS AUTHORIZED AFFLIATES and its software architect, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

(iii) SOME PROVINCES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY PROVINCE OR COUNTRY.

(iv) Familyfellowship.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOU’RE REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

(c) No Other Warranty

Familyfellowship.com AND ITS AFFLIATES DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND THE PHYSICAL MEDIA ON WHICH IT WAS OBTAINED AND/OR ELECTRONIC DOWNLOAD SITE.

7. Limited Remedies

(a) Limitation of Liability

Familyfellowship.com, its affiliate’s and its software architect entire liability and your exclusive remedy shall be, at Familyfellowship.com option, another down load from the site www.familyfellowship.com or a prorated refund.

(b) Disclaimer of Consequential Damages

IN NO EVENT WILL FAMILYFELLOWSHIP.COM BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF FAMILYFELLOWSHIP.COM AND/OR ITS AUTHORIZED AFFLIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.

ADDITIONALLY, IN NO EVENT WILL FAMILYFELLOWSHIP.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE.

IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.

(c) Rights Under Provincial Law

SOME PROVINCES OR TERRITORIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Taxes

You agree to pay (and to reimburse Familyfellowship.com on request if Familyfellowship.com is required to pay any sales, use, value added (VAT), consumption, or other tax (excluding any tax on Familyfellowship.com’s net income) or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on your purchase of the Software, the License, or your use of the Software.

9. General

(a) Governing Law

This Agreement shall be governed and construed in accordance with the laws of the United States of America and Canada without reference to the United Nations Convention on Contracts for the International Sale of Goods. You agree the venue for any dispute arising out of this Agreement or the use of the Software shall be commenced in the courts located in the City of Anderson, county of Grimes within the State of Texas, USA.

(b) Ad Placement

You consent and irrevocably agree to the placement by Familyfellowship.com of any and all advertisements, pop-ups, banners, charts, graphics, text, images, or other messages in any form or format, by Familyfellowship.com or any other party to whom Familyfellowship.com believes may be of interest to you on the Software, reports, and/or other documents, screens and/or other displays generated by, or associated with the Software and/or a product.

(c) Severability

If any provision of this Agreement is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in full force and effect.

(d) Acknowledgment and Exclusivity

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 US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

(e) Purchaser Questions

Should you have any questions concerning this Agreement, or if you desire to contact Familyfellowship.com for any reason, please email us at: Familyfellowship.com. Attention: Administration Department, Admin@familyfellowship.com. Or you may write to us at this address: Familyfellowship.com Attn: Administration Department P.O. Box 154 Anderson, Texas USA

(f) Open Source Code

Where necessary and in the sole opinion of Familyfellowship.com, it shall use Open Source Code in the creation, upgrade, and updates to the Software. You acknowledge and agree to the use of same and further understand that any changes to Open Source Code shall be published as required.

(g) Export Restrictions

The export and re-export of Familyfellowship.com software products, which have been designed, built and tailored, in part, to specific requirements of / for Familyfellowship.com by software architect Netsweeper, Inc. Ontario, Canada. are controlled by Canadian and United States export control laws and regulations, and such software may not be exported or re-exported to any country or entity to which such export or re-export is prohibited. Licensee certifies that it are not a national of any country to which Canada or the Unites States of America embargo goods, and are not a person prohibited by Canadian or United States law from receiving and using this Software.