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Any transaction or access of the Services entered into by You or a representative will be considered use of the account You have established with IDProtectu.com and IDProtectu.com has no means nor the responsibility to check the legality of the party using Your account. You acknowledge herewith to accept the sole responsibility for the use of the account for the Services of IDProtectu.com. CHILDREN, defined as any person under 18 years of age, are not eligible to use the IDProtectu.com site by themselves and are NOT allowed to enter any personal information at any time. Only under the name and supervision of a parent or guardian can IDProtectu.com allow access to the site. We reserve the right to block access to the site at any time for any reason, including suspicion that a child is using the account unsupervised. 1.SERVICES IDProtectu.com will provide You with access to their web site for a fee, using one ID and 2 Passwords to reach Your secure data, for all the accounts You have on the internet, requiring the use of id/passwords or similarly named access words, and/or access to the “Change Data” page to facilitate changes in the Services, provided You abide by the terms and conditions of this Agreement and the policies and procedures of IDProtectu.com. The “My Accounts” page of the web site of IDProtectu.com will enable You to list all the internet accounts You have by their web address and list the id and passwords, or other information, relevant to that web address on that page. By clicking on the web address listed You can seek contact with that web site and a pop-up will give You for a certain time the information to enter such a site. IDProtectu.com will NOT store or maintain at any time any information You have changed, only the latest information You have entered and IDProtectu.com is NOT responsible for loss of data You have changed and it is Your sole responsibility to keep files You may want to maintain of such changes in information. On the secure PIN numbers list, You can note for future access the PIN numbers for a maximum of 25 accounts. This is a FREE service of IDProtectu.com. Provided You abide by the terms and conditions of the Agreement, IDProtectu.com shall attempt to provide the Services for 24 hours a day, 7 days a week, throughout the year for the time of the life of the Agreement with You. It may be happen from time to time for several reasons as, but not limited to, malfunctions, periodic maintenance, periodic updates, acts of God, network failures, network congestion, security breaches, labor disputes, natural disasters, repairs, hostile attacks, or any other reason leading to interruption of Services, that access to the Services is not possible and You agree that this in unavoidable and state of the art of the industry and You will not hold IDProtectu.com liable for the interruption of the Services. 2.TERMS The terms of this Agreement shall start on the date You purchase and pay for the Services and will continue in full force as long as IDProtectu.com provides the Services to You. However, in order to acquaint You with our Services, we offer a 30-day free trial. During the time of the 30-day free trial You will have access to the My Accounts and Pin Numbers pages, without being charged for these Services. We do require that as a condition to enter into the 30-days free trial period, all registration data and payment information are filled out in advance. Should You NOT wish to continue the Services after the end of the free 30-day trial period, it is Your responsibility to cancel the Services at least one day before the end of the trial period by using the Change Data page and entering that date as cancellation day. Should You not cancel the Services at least one day before the end of the free 30-day trial period, WE WILL HAVE THE RIGHT and will exercise that right to CHARGE You for the Services from the first date after the end of the free 30-day trial period, using the registration data and payment information You have entered. IDProtectu.com has the right and will exercise that right to delete all information entered during the 30-days free trial period after cancellation. All other clauses of this Agreement stay in force also for the 30-day trial period. IDProtectu.com does not accept responsibility for loss of data during the 30- days free trial period. In case You wish to terminate the paid Services from IDProtectu.com, such notice has to be given at least 15 calendar days before the end of the current pay period, by using the facility on the “Change Data’ page of the IDProtectu.com web site. This is the only accepted way to terminate the Services and any other method (writing, email, phone, else) is NOT valid and will not be honored. In case of such accepted termination, the Services will be continued till the last day being previously paid for, unless indicated to the contrary in the same facility in the “Change Data” page. You will have at no time, not even if it is requested to end the Services before the date of the last day having been paid, a right to request a repayment of unused funds. We consider the earlier payments made a final contract between You and IDProtectu.com and no refund will be due at any time. In case no termination notice is received 15 calendar days before the end of the current payment period, IDProtectu.com will automatically continue providing access to the Services and will charge the Payment Method You have on file with IDProtectu.com at the published rates valid at that time, for the time period You earlier contracted for. You are free at any time to change the payment period, by using the facility in the “Change Data” page”, which will go into effect the day the current pay period for the earlier payment expires. In case IDProtectu.com can not access for any reason the credit card we have on file with You, we can suspend your use of the Services at any time, but will inform You by email on the email address You have last given us in the “Registration” page of the web site of IDProtectu.com. IDProtectu.com is in no way nor at any time responsible for interruption of the Services and by accepting this Agreement and use of the Services You will not hold IDProtectu.com responsible for any consequences following interruption of the Services. IDProtectu.com reserves the right, in its sole discretion, and without notice, at any time and for any reason, to suspend Your access to the Services of IDProtectu.com. 3. FEES For the Services contracted by You and provided by IDProtectu.com, You agree to pay IDProtectu.com a fee, which can be paid either monthly or annually. The fees will be mentioned on the web site of IDProtectu.com and are the ones valid at that date for first subscription or renewal. The fees on the web site are the only ones to be valid at that particular moment in time, can be changed from time to time at the sole discretion of IDProtectu.com and are not open to negotiation. All fees published on the web site are exclusive of any and all federal, state and local taxes, including but not limited to turnover, value-added and excise taxes and such taxes shall be applied to the fees where applicable. Income and similar taxes will be paid by IDProtectu.com and not be applied to the fees. The calendar day You paid for the Services is the first date of the period of access and shall, in the case of monthly payments, be the same date in the next month for automatic renewal, independent of the fact how many days a month has, and in the case of annual payments, be the same date and month in the year after for automatic renewal, independent of the fact how many days a year has. Payment for the fee can only be made by debit or credit card. We will only accept Visa, MasterCard and Discover cards or as will be indicated from time to time on our web site. IDProtectu.com reserves the right to accept debit and credit cards only from specified countries, as will be published on our web site and may be changed from time to time. Registration and payment from countries other than specified will not be accepted and by applying for registration You accept this condition It is Your responsibility that the information for payment and automatic renewal payments is up-to-date and that the automatic payments for renewal for which You have contracted by accepting this Agreement, can be made without delay. All payments are final and non-refundable. If for any reason IDProtectu.com is unable to charge your debit or credit card with the full amount of the Services, or if IDProtectu.com is charged a penalty for any fee due by the credit card provider (Merchant Services), You agree that IDProtectu.com may pursue all remedies in order to obtain payment. In that case we reserve the right to block access to your account with IDProtectu.com, until such time that the failure to fully pay has been remedied. In case of failure to pay, we reserve the right to not only block access to your account, but also to delete all information You entered and cancel the account. In entering into this Agreement You agree that IDProtectu.com will not be responsible in any way or form for loss of your information in the case of non-payment and that You will not pursue any action towards IDProtectu.com in this regard. The payment information You have on file with IDProtectu.com can be changed at any time via the “Change Data” page in the IDProtectu.com web site. 4. MEMBERSHIP Our Services are available to and may be used by all individuals or business entities that can enter into a legally binding contract under applicable law. Services are not available to children (persons under the age of 18), unless in the name of and approved by parent or guardian. Persons or business entities whose accounts with IDProtectu.com were previously cancelled because of non-payment can only be reinstated when all outstanding costs, which may include a reconnection cost at the discretion of IDProtectu.com, have been paid. IDProtectu.com reserves the right to refuse access to our Services to any person or business entity, without explanation or responsibility on its part. Accounts opened with IDProtectu.com for Services can only be used by the person or business entity in whose name it is entered, may not be shared and may not be transferred or sold to another party. 5. MODIFICATIONS OF AGREEMENT AND SEVERABILITY You agree that IDProtectu.com may modify this Agreement from time to time. IDProtectu.com may also discontinue part or all of its Services it provides under the Agreement. You agree to be bound by any changes IDProtectu.com may reasonably make to this Agreement, when such changes become effective. If any part of this Agreement is held to be invalid or unenforceable, either on a State or Federal level, that part of the Agreement shall be interpreted in accordance with applicable law, for that State or Federal level, and You agree that it will be replaced with a provision as close as possible to the original content of this Agreement. All other terms and conditions of the Agreement will remain in full force without being impaired or invalidated in any way. 6. YOUR OBLIGATIONS By agreeing to the conditions and provisions of this Agreement, You certify and accept that the information You provide for Registration and Payment is correct, complete and valid at that time. Should the information change, You will correct the Registration and Payment information, within 15 calendar days. In case IDProtectu.com would want to ask, by email or any other means at its disposal, for confirmation of the information entered by You under Registration and Payment, You will reply within 7 calendar days. Idprotectu.com will, at its sole discretion, decide whether the information given by You is acceptable or not and will inform You to that effect, by email or any other means at its disposal. IDProtectu.com reserves the unilateral right to suspend the Services at any time without notice and without compensation and block Your access to the site. At no time and for no reason shall You be permitted to physically access the premises of our operations including, but not limited to, the place where our computers are held. You shall be solely responsible for all telephone, computer, hardware and software equipment and services necessary to access the Services of IDProtectu.com. 7. SECURITY IDProtectu.com uses physical, technical and technological security devices to protect Your information on our computers located in the United States of America. You should log in ONLY at https://www.IDProtectu.com and not use any other site that does not begin like this. We have the right to use third parties to develop, manage and host the web site and may use third parties to check the security of the site. It is Your sole responsibility to ensure and maintain the confidentiality of the ID and Passwords necessary to enter Your account with IDProtectu.com. You agree that You are solely responsible for use and changes to Your account and that You will take measures to prevent loss of the ID and Passwords, as well as for all data entered by You on the “My Accounts” page. You will take adequate measures to maintain confidentiality and back up of Your sensitive Data. IDProtectu.com is not an archive and will not record or maintain any information You have changed, either in “Registration” or in “My Accounts” but will record only the last information entered by You. IDProtectu.com is not liable for any loss that You may incur as a result of someone else using Your ID and Password or the Services, either with or without Your knowledge. However, You could be held liable for expenses or losses incurred by IDProtectu.com or any other party due to someone else using Your ID and Passwords or Services. 8. PRIVACY IDProtectu.com will not sell or otherwise make available your personal information to third parties for marketing purposes without your explicit consent. We will, however, cooperate with any government agency that serves us papers asking for access to information we may have on our computers. IDProtectu.com will only use Your information as described in our Privacy Policy. The protection of Your information is one of our main concerns and we will to the best of our ability and within the limits of the state of the art technology available at any time do all that is necessary to keep that information private. Your information is kept on our servers in the United States of America. If You object to Your information being transferred or used in this way, please do NOT use our Services. 9. IDPROTECTU.COM RIGHTS IDProtectu.com reserves the right at its sole discretion to modify pricing for the Services at any time and the modified prices are valid from the day they are posted on the IDProtectu.com web site for all new or renewal memberships. IDProtectu.com reserves the right to terminate the Services for any of the following grounds: (i) unsolicited emailing (spam), (i) illegal access (hacking), (i) spreading of internet viruses or worms or similar destructive activities that may damage, interfere intercept, or expropriate any system, data or personal information or causes loss of the Services for users, (i) activities which are slanderous of people, businesses or institutions, (i) activities which are against the laws either federal, state or international, including but not limited to child pornography, hate crimes, terrorism (i) identity theft and/or impersonating another party, (i) activities injurious to other parties, (i) activities IDProtectu.com considers harmful or unlawful or invasive in any way of a third party, (i) legal action by You against IDProtectu.com whether it is later established whether the action has merit or not, (i) any activity which in the view of IDProtectu.com is harmful to its status of wishing to run a service to its customers free of any negative effect or impact. IDProtectu.com has at its sole discretion the right, whether exercised at any time or not, but not the obligation, to monitor traffic on its site. IDProtectu.com has the right to follow Your navigating through our web site page after page, coming from and going to other web sites, before and after visiting our web site, what browser You are using and other verifiable information from using the internet. One of the means to do so will be the use of so-called cookies, a tracking device. By accessing our web site and using our Services You agree that IDProtectu.com has the right to follow Your access and use of the IDProtectu.com web site and should You NOT agree, please do NOT access our web site NOR use our Services. 10. LIMITS OF LIABILITY IDProtectu.com, subsidiaries, officers, directors, employees or vendors as web design and web hosting companies will NOT BE LIABLE for any incidental or consequential damages, loss of profits, loss of goodwill or expenses incurred, arising out of or in connection with our site, our Services or this Agreement, independent of the cause of such losses including negligence. The total liability of IDProtectu.com, subsidiaries, officers, directors, employees or vendors is limited to the total fees You paid IDProtectu.com for a one (1) year period prior to the fact giving rise to the liability. By using IDProtectu.com You agree to these conditions and if You do not agree, please do NOT use IDProtectu.com or its Services. IDProtectu.com, subsidiaries, officers, directors, employees or vendors shall NOT in any case be liable for the content of the information passing over the internet, unauthorized access, loss of Your records, economic consequential damages, claims to any party, damage to Your equipment or any act or omission of any other party furnishing services and/or products to You. 11. NO WARRANTY IDProtectu.com, subsidiaries, officers, directors, employees and/or vendors shall provide the use of the web site and the Services on an “as is” or “as available” basis. IDProtectu.com, subsidiaries, officers, directors, employees or vendors disclaim any and all warranties with respect to any matter raised in this Agreement or emanating out of the Services supplied, either direct or implied. 12. INDEMNITY You agree to hold IDProtectu.com, subsidiaries, officers, directors, employees and/or vendors, harmless from any claim or demand made by any third party, including but not limited to attorneys fees, due to or arising out of breach of this Agreement or misuse of the Services or any other act against existing laws or the rights of third parties. You shall defend and incur for Your own account all expenses for all proceedings arising out of the foregoing. By using IDProtectu.com and/or the Services You agree to these conditions and if NOT, please do not use IDProtectu.com and/or the Services. 13. RESOLUTION OF DISPUTES If any dispute arises at any time for any reason it is Your responsibility, in case the dispute emanates from Your side and it is IDProtectu.com’s responsibility in case the dispute emanates from its side, to make a good faith effort to resolve the dispute together, by making known the dispute or grievance in writing (email being preferred, provided that a return reply acknowledging receipt is given within 2 business days) to the other party and allowing sufficient time, but not more than a month, for the other party to reply, provided the whole period of time for resolving the dispute or grievance will not take more than 3 months, from the time the first writing is received. Parties can from the start of the dispute or grievance or at any time within the 3 months window, decide in common accord to go to Arbitration, provided that will take place in Pinellas County in the State of Florida. By using IDProtectu.com and/or the Services You agree, as does IDProtectu.com, that the effort to reach an agreement in the dispute or grievance will be made in a reasonable way and in good faith and if You do NOT agree with this provision, please do NOT use IDProtectu.com or its Services. After having made a good faith effort as described in the paragraph above, but not having reached an agreement, either You or IDProtectu.com can decide to go to Binding Arbitration, which is thereafter binding on both parties, provided the claim is for less than $10.000. If the claim is for $10,000 or more, IDProtectu.com reserves the right at its sole discretion to still ask for Binding Arbitration, as set out in this Agreement, or pursue other venues open to them. Arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules or by any other arbitration provider agreed between You and IDProtectu.com in Pinellas County of the State of Florida. Any judgment by Arbitration is binding on the parties. Any judgment on the dispute or grievance rendered by arbitration may be entered in any court having jurisdiction thereof. In case one of the parties does not use the steps for resolution of the dispute or grievance as set out in the 2 preceding paragraphs, the other party may recover all attorneys fees to get redress for this situation. You agree by using IDProtectu.com and/or the Services that IDProtectu.com can at its sole discretion at any time during the dispute and for as long as it deems necessary, block the use of the Services and/or cancel Your account with IDProtectu.com without compensation. All sections of this Agreement on IDProtectu.com’s Rights, Limit of Liability, No Warranty, Indemnity, Resolution of Disputes and Venue shall remain in force and shall survive termination or expiration of this Agreement. In case the foregoing does not apply, any Claim for a dispute or grievance may be adjudicated by a court of competent jurisdiction in Pinellas County, State of Florida only. Should You not agree to this provision, please do NOT use IDProtectu.com or its Services. No dispute or grievance or request for compensation, regardless of form, arising out of or relating to this Agreement, IDProtectu.com or its Services, may be brought more than twenty four (24) months from the date on which the cause of the dispute or grievance accrues. 14. VENUE AND WAIVER OF TRIAL BY JURY This Agreement shall be deemed entered into the State of Florida and shall be construed and enforced in accordance with the laws of the State of Florida. You agree that any action relating to or arising out of this Agreement, shall be brought in the courts of Pinellas County of the State of Florida. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. Should You not agree with this provision, please do NOT use IDProtectu.com or its Services. 15. COMMUNICATION AND NOTICES Any communication IDProtectu.com should want to make to You, will be exclusively by placing it on our web site either by changing existing information or by placing notices, with the exception of any communication under the Resolution of Disputes paragraph of this Agreement and personal queries, which will be direct to You. In that case our communication can be by email or sent to the postal address we have on file from You and in any case delivery shall be deemed to have been made after five(5) days after the date sent. Your communication with IDProtectu.com should be exclusively by email and IDProtectu.com will endeavor to at least confirm receipt within 2 business days and that confirmation is deemed to be proof of delivery. In case You want to send a certified letter, please email first to receive the particulars of our lawyers or other party designated by us where You should send the letter. 16. HEADINGS The headings used in this Agreement for the various paragraphs are intended solely for convenience of reference and are NOT intended for any other purpose and can NOT be construed to change any of the terms and conditions of this Agreement. 17 ENTIRE AGREEMENT The parties have read the Agreement and agree to be bound by its terms and conditions and that this constitutes the complete and entire Agreement of the parties. No representations or statements of any kind made by either party that are not expressly stated herein shall be binding on such party. Parties agree that there are NO third party beneficiaries to this Agreement. By accessing the web site IDProtectu.com and using its Services You agree to have read this Agreement and that You will be bound by its terms and conditions. 18. LAST MODIFICATION OF AGREEMENT This Agreement was last modified November 30, 2005. |
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