Terms of Service...

User Agreement and TERMS OF SERVICE 1. The Terms of Service constitute the agreement ("Agreement") which contains all of the terms and conditions between WEB Blockade ("we," "us," "our" or "WEB Blockade") and the user ("you", "user" or "Customer") and governs the use of the services offered by WEB Blockade (the "Services"). This agreement governs both the services and any devices, such as an Router, Switch, or any other IP connection device, ("Device" or "Equipment") that may be used in conjunction with the Service. By enrolling in, activating, using or paying for the Services, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. You understand and intend that the Agreement is a legally binding agreement equivalent to a signed, written contract. You will use the Service in a manner consistent with all applicable laws and regulations and in accordance with the terms of this Agreement and any other applicable rules or conditions that govern the use of the Service as they may be amended from time to time. If you do not agree to any of the terms set forth herein, you may not use the Service.

2. TERMS. 2.1. Except as explicitly permitted by this Agreement, terms of the Agreement as defined and accepted in the "Service Agreement", automatically renew on a monthly basis without further action by you except by giving WEB Blockade written notice of non-renewal at least ten (10) days before the end of the term on which notice is given. 2.2. Upon cancellation, you will be responsible for charges for the then current term, and any unbilled charges. All charges will become immediately due and payable. 2.3. Any Equipment or Device(s) must be returned in accordance with Paragraph 6.4. Returning the Device to us without first canceling your service according to the procedure described in this Section does not effect cancellation of your service, and you may continue to be liable for recurring service fees.

3. USE OF SERVICE AND DEVICE. 3.1 Small Business Use of Service and Device(s) - If you have subscribed to WEB Blockade Small Business Services, the Service and Device are provided to you as a small business user. You agree that the WEB Blockade Small Business Plans do not confer the right to use the service for charitable or political solicitation or polling. WEB Blockade reserves the right to immediately terminate or modify the Service, if WEB Blockade determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities. 3.2 You will not use the Service for any purpose that is unlawful, abusive, intrusive on another's privacy, harassing, libelous, defamatory, threatening or hateful, or in any other way that would violate any applicable governmental law. 3.3 You may not offer the Service, Device or any part thereof for sale or transfer to another person or entity. 3.4 WEB Blockade offers the Service only to consumers located in the United States. While the Service may be used to visit international sites, we do not represent that the use of the Service is appropriate in locations outside the United States. If you choose to use the Service from outside the United States, you are responsible for compliance with any and all governing foreign and local laws. 3.5 You may not reverse engineer, distribute, publish, display, modify or in any way exploit the configuration parameters which we provide as a means to access the Service. 3.6 You acknowledge that the Device and any embedded software or firmware is exclusively for use with the Service and the sole property of WEB Blockade. 3.7 You agree not to perform a factory reset of the Device.

4. FEES FOR UNAUTHORIZED USE.

5. SERVICE OUTAGE 5.1 You acknowledge and understand that the Service does not function in the event of power failure. In the event of an interruption in the power supply, the Service will not function until power is restored. 5.2 You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or high speed Internet service provider will interrupt ALL Service. 5.3 You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will interrupt ALL Service. 5.4 You acknowledge and understand that if there is a service outage for ANY reason; such outage will prevent ALL Service. Such outages may occur for a variety of reasons, including, but not limited to those reasons described here and elsewhere in this Agreement. 5.5 You acknowledge that WEB Blockade does not offer primaryservices. You should always have an alternative means of accessing traditional services.

6. SPECIFIC TERMS AND CONDITIONS: 6.1. Payment for Service and applicable taxes is billed on a pre-pay monthly basis. Monthly periods are defined as 30 day periods beginning on the same date as the then current term. Unpaid balances will be billed and become payable immediately. WEB Blockade reserves the right to suspend or terminate your Service until you provide a valid method of payment. Suspension or termination of your Service leaves you liable for all accrued charges and fees associated with the collection of such payment as well as all unbilled charges. You are responsible for paying all charges in accordance with your Rate Plan for use of the Service associated with the Identifier(s) and Device(s) assigned to you, even if you did not use, or authorize the use of, the Device.
6.2. Theft. You are responsible for canceling your Service if you believe the Device is lost or stolen, or if you become aware that the Service provided to you is being stolen. Failure to do so may result in additional charges to you. You will be liable for the Replacement Fee (see Paragraph 6.4).
6.3. Return of Device. In the event that you are required to return the Device, for example if you cancel or terminate your Service and are using a Device loaned to you by WEB Blockade, you must return the device according to the requirements listed in the subsections of this Paragraph
6.4. If WEB Blockade does not receive the device according to the requirements in the subsections of this Paragraph 6.4, you will be liable for an equipment replacement fee ("Replacement Fee") of up to $190.00 per Device. WEB Blockade may, at its sole discretion, reduce or increase the applicable fee as it sees fit. The Replacement Fee is due immediately. Returning the Device without a Return Merchandise Authorization number ("RMA number" or "RMA") does not effect cancellation of your service, or authorize a refund.
6.4.1. WEB Blockade must receive the Device within 14 days of your cancellation or service termination.
6.4.2. You must return the Device in its original undamaged condition, with all original packaging, documentation and accessory materials.
6.4.3. If the Device being returned is defective, WEB Blockade will, at its sole discretion, make a determination as to the cause of the defect. If we find that the Device damage occurred because you used the Device outside of its normal operating parameters, the Replacement Fee will become immediately due and payable.
6.4.4. The Device must be free of any writing, stickers, or marks other than those which were on the Device when you received it.
6.4.5. You must write the RMA number assigned by WEB Blockade on the outside of the box in which you ship the Device to us.
6.4.6. The box which encloses the Device must be packed inside another cardboard shipping box.
6.4.7. You must return the Device to the address listed in Paragraph 6.18. 6.5. Service Termination. WEB Blockade reserves the right to terminate the Service at any time with or without notice and for any reason. You agree that WEB Blockade shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6.6. Equipment. You acknowledge that unless otherwise stated the Device remains the property of WEB Blockade. You must return the Device to us according to the requirements in Paragraph 6.4.
6.7. Equipment Replacement. In certain cases, WEB Blockade may determine that a replacement Device must be issued to you to avoid service interruptions or to improve your Service. In such case, we may require a deposit ("Replacement Deposit") equivalent to the value of the Device. When we receive the device being replaced in accordance to Paragraph 6.4 WEB Blockade will refund the Replacement Deposit. Replacement devices may not be issued to you until a Replacement Deposit has been paid.
6.8. Use of Own Device. WEB Blockade may offer certain plans which permit you to use your own device. In these cases, WEB Blockade expressly disclaims any warranty that all or any service features work properly. You are responsible for determining the fitness of the device you choose to use with the Service.
6.9. Refunds for interrupted or incomplete service. In certain cases, WEB Blockade may determine, at its sole discretion, that a full or partial refund should be issued to you for certain service interrupted not completed, or experienced and may, at WEB Blockade's sole discretion, be issued in the form of (1) credit toward next month's service; (2) your credit card on file; (3) check issued to you via postal mail.
6.10. Use of Device. Except as provided otherwise by law, you have no property rights to any information, credentials that we, our agents, or manufacturers of the Device have provisioned for use with the Service or Device, and you agree we may change any such Identifier at any time with or without prior notice to you.
6.11. Privacy. Personal data and certain other information submitted by you are subject to our Privacy Policy. Web Services communications are transmitted over public networks including the Internet. However unlikely, you acknowledge that WEB Blockade is not liable for any loss of privacy arising out of use of the Service.
6.12. Release. Because we are not involved in the actual contact between users, in the event that you have a dispute with one or more users and/or any parties unrelated to WEB Blockade (including, but not limited to, any clients of WEB Blockade), you release WEB Blockade (and our officers, directors, principals, agents, investors, subsidiaries and employees) from all claims, demands and damages (actual and consequential) of every kind and nature whatsoever, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.13. Information Provided by Users. Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Services. WEB Blockade is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us.
6.14. Billing and Payment Policy. Users of the Services are obligated to pay for the Services offered therein, unless specifically notified otherwise. WEB Blockade will charge user according to the agreed upon fee between user and WEB Blockade for use of the Services. Users will pay fees according to the applicable plan set forth at the acceptance of service. No additional notice or consent will be required for billings to user for all amounts (including late charges, Replacement Fees and cancellation fees). You must promptly notify us of any change in your invoicing address or changes related to the method used for payment. Your payment obligations survive any termination of this Agreement. While WEB Blockade will use its best efforts to ensure the privacy of all personal information, we expressly disclaim any liability for any damage that may result should any such information be released to any third parties. User does hereby agree to hold WEB Blockade harmless for any damages that may result there from. WEB Blockade will use a third party credit processor to process your credit card information. WEB Blockade is not responsible for any of the services offered by third party. You do hereby agree to indemnify and hold harmless WEB Blockade from any liability whatsoever that may result from the use of said party's services.
6.15. Late Payments/Disputes. For any payment returned for nonpayment or for any credit card charge-backs, we will assess an additional fee of $25 and we may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies. All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. All communications concerning disputed amounts owed, including any instrument tendered as full satisfaction of the amounts owed, or stipulating any other conditional action, agreement or proposed resolution of any dispute must be (i) in writing, (ii) marked "Billing Dispute" on the outside of the envelope, (iii) sent to the address provided in the Notices section below, and (iv) received by us within 60 days after posting of the invoice.
6.16. Notices. We may send you notices by mail or electronic means, in our sole discretion. Notices to you shall be effective 1) 3 days following the date deposited in the U.S. Mail or delivered to a nationally recognized courier or delivery service to your address as kept in our files and/or 2) immediately upon our transmission using an electronic means such as email or text messaging service. You are responsible for notifying us of any changes in your mailing or email address. Written notice to us shall be effective when directed to WEB Blockade, PO Box 193, Eden, NC 27289-0193 and received by us. Your notice must contain specific information adequate to identify you and your Service. Oral and electronic notices shall be deemed effective on the date reflected in our records.
6.17. No Liability. User agrees not to hold WEB Blockade, WEB Blockade's principals, agents and employees, officers, directors, or participants liable for any advice, representations and/or services delivered which originated through the WEB Blockade network or were otherwise provided by any user. All users of the Service release WEB Blockade, WEB Blockade's principal's, agents, officers, directors, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes that may arise through the use of the Service.
6.18. Indemnification. By agreeing to the terms of this Agreement, users agree to indemnify, defend and hold harmless WEB Blockade, its directors, officers, employees, principals, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively referred to herein as "WEB Blockade") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by WEB Blockade and/or Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Service, (ii) any information and/or services offered by any parties other than WEB Blockade in connection with the Service (iii) any use of the Service in violation of these Terms and Conditions or of the Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of any such claims. WEB Blockade and/or Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any such claim or matter without the written consent of WEB Blockade. Users further agree to hold harmless WEB Blockade and Affiliates from any claim arising from a third party's use of information or materials of any kind.
6.19. Modification of this Agreement. WEB Blockade reserves the right to make changes to this Agreement from time to time. WEB Blockade shall provide notice to user of any substantive and/or material changes to this Agreement or any policies posted on the WEB Blockade Web Site. It is, however, the responsibility of the user to review the terms of this Agreement. WEB Blockade is not responsible for any damage that may result should user fail to review this document following any modifications that may be implemented herein.
6.20. Intellectual Property Rights. All text, graphics, editorial content, data, formatting, graphs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, "Proprietary Material") that Users see or read in conjunction with the Service is owned by WEB Blockade or is used with permission of the rightful owner. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. WEB Blockade owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. Users may not copy, download, use, redesign, reconfigure or re-transmit anything related to the Service without WEB Blockade's prior express written permission.
6.21. In addition, the Services and/or Web Site of WEB Blockade contains material protected by the domestic and international laws of copyright, patents or other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of WEB Blockade and/or the relevant right holder.
6.22. Notice of Trademark Rights. The service marks and trademarks WEB Blockade, WEB Blockade Proxy Service and the WEB Blockade logo and domain are service marks owned by WEB Blockade. Any other trademarks, service marks, logos and/or trade names are the property of their respective owners. Users acknowledge the rights of WEB Blockade and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner except as expressly allowed by this Agreement.
6.23. Privacy. WEB Blockade's Privacy Statement is located on the WEB Blockade Web Site as modified by WEB Blockade from time to time shall govern any disclosure or use of user's personal information. By using the Service, you do hereby represent, understand and agree that you have reviewed and agree to those terms.
6.24. No Agency. You and WEB Blockade are not legally affiliated in any way by virtue of your usage of WEB Blockade's Service or intellectual property other then the terms and conditions stated in this Agreement and no independent contractor, agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. WEB Blockade is not an employment service and does not serve as an employer of any parties that may use these Services. As such, WEB Blockade expressly disclaims any liability that may arise between users of its Service.
6.25. Disclaimer of Warranties. USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT USER'S SOLE RISK. NEITHER WEB BLOCKADE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED IN CONJUCTION WITH USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WEB BLOCKADE NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON OUR WEB SITE ("THE SITE") OR THROUGH THE USE OF OUR SERVICES. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. WEB BLOCKADE AND/OR AFFILIATES DO NOT WARRANT THAT THE SITE OR EMAIL SYSTEM IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. WEB BLOCKADE AND/OR AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE SPECIFIED BY USERS. WEB BLOCKADE CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD WEB BLOCKADE, PRINCIPALS, AGENTS, CONTRACTORS EMPLOYEES AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE OR USE OF THE SERVICES. WEB BLOCKADE AND/OR AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE OR SERVICE. SHOULD ANY INTERRUPTION OCCUR WITH THE SITE OR SERVICE, WHETHER WITHIN THE CONTROL OF WEB BLOCKADE OR NOT, WEB BLOCKADE EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY DAMAGES, INCIDENTAL OR CONSEQUENTIAL THAT MAY RESULT TO ANY PARTY INCLUDING ANY USER (WHETHER A PAYING MEMBER/USER OR NOT) OF THE SITE OR SERVICE. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE DEVICE OR ANY SERVICES PROVIDED BY ANY THIRD PARTIES, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE DEVICE AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
6.26. Limitation of Liability. Under no circumstances will WEB Blockade and/or its Affiliates be liable to any party for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, the aggregate liability of WEB Blockade and/or its Affiliates arising with respect to this Agreement will not exceed the total amounts paid by user in the previous twelve (12) months under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
6.27. Arbitration. Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of North Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or WEB Blockade may seek any interim or preliminary relief from a court of competent jurisdiction in the State of North Carolina, necessary to protect the rights or property of you or WEB Blockade pending the completion of arbitration.
6.28. General Provisions. Failure by WEB Blockade to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms and Conditions, Terms of Use, and all other aspects of use of the Services, shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement or use of the Services, other than action for specific performance or injunctive relief brought by WEB Blockade, shall be exclusively brought in the federal, state or local courts located in the State of North Carolina; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by those courts, and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms of Service constitute the entire agreement between Users and WEB Blockade with respect to the Service, and supersede all prior agreements or understandings, whether written or oral, between Users and WEB Blockade with respect to the Service. If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Service shall remain in full force and effect. These Terms of Service and Policy regarding Privacy inure to the benefit of WEB Blockade, its successors and assigns.
6.29. Miscellaneous. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of North Carolina (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in the State of North Carolina. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between WEB Blockade and any person or entity with respect to the subject matter hereof, and such have not relied upon any promises or representations by WEB Blockade with respect to the subject matter except as set forth herein.