MB Smart Terms Of Service

MB Smart Filtering Terms of ServiceAcceptance of Terms of ServiceThese Terms of Service (hereinafter also referred to as "Terms" or “Terms and Conditions”) governyour (hereinafter also referred to as “you” or “Customer”) use of our programs, software, computerservices, and web and app filtering services (hereinafter jointly also referred to as “Software” or"Services").By accessing, registering for, downloading, and/or using our programs, software, or services inany manner, you agree to the Terms of Service and all other operating rules, policies, procedures,or regulations herein and as they may be published or updated from time to time by MB SMARTFILTERING LLC (hereinafter also referred to as “MB,” “Company,” “Provider,” or “Us”). Certainof the Services may be subject to additional terms and conditions as may be specified by us fromtime to time. Your use of our Software is subject to those additional terms and conditions, whichare incorporated into these Terms of Service by this reference. These Terms of Service apply to allusers of our Software, including, without limitation, users who are contributors of content,information, and other materials or services, registered or otherwise.A. Use of Software:You may use our Software only for legal purposes and in accordance with these Terms. By usingour Software, you agree that:a) you will not use our Software in any way that violates any applicable federal, state,local, or international law or regulation;b) you are responsible for all activity in connection with the Software that occurs onyour device including third party activity.c) The Customer shall not, and shall not permit any third party to:i. Copy, modify, adapt, translate, reverse-engineer, decompile, disassemble,or create derivative works of the Software;I. Remove, alter, or obscure any proprietary notices or labels on the Software;II. Use the Software in any manner that infringes or misappropriates theintellectual property rights of MB or any third party.d) You shall not: (i) take any action that imposes or may impose (as determined by usin our sole discretion) an unreasonable or disproportionately large load on our (orour third party providers’) infrastructure; (ii) interfere or attempt to interfere withthe proper working of the Services or any activities conducted on the Services; (iii)bypass, circumvent or attempt to bypass or circumvent any measures we may useto prevent or restrict access to the Services (or other accounts, computer systemsor networks connected to the Services); (iv) run any form of auto-responder or“spam” on the Services; (v) use manual or automated software, devices, or otherprocesses to “crawl” or “spider” any page; (vi) harvest or scrape any content orinformation from the Services; or (vii) otherwise take any action in violation of ourguidelines and policies.e) You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverseengineer or otherwise attempt to derive any source code or underlying ideas oralgorithms of any part of the Services (including without limitation, anyapplication), except to the limited extent applicable laws specifically prohibit suchrestriction, (ii) modify, translate, or otherwise create derivative works of any partof the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of therights that you receive hereunder. You shall abide by all applicable local, state,national and international laws and regulations.f) You warrant that you own the devices being monitored through use of the Servicesand/or have the consent of the parties who own or use the devices beingmonitored. You also agree to not monitor or manage any devices using theServices that are used or owned by neither your children or other dependents norindividuals consenting to the use of the Services on their devices.g) We also reserve the right to access, read, preserve, and disclose any information aswe reasonably believe is necessary to (i) satisfy any applicable law, regulation,legal process or governmental request, (ii) enforce these Terms of Service,including investigation of potential violations hereof, (iii) detect, prevent, orotherwise address fraud, security or technical issues, (iv) respond to user supportrequests, or (v) protect the rights, property or safety of us, our users and the public.h) Any feedback, suggestions, or improvements provided by the Customer related tothe Software ("Feedback") shall become the sole property of MB and MB shallhave the unrestricted right to use such Feedback for any purpose without obligationor compensation to the Customer.B. Intellectual Property Protection:a. Ownership of Intellectual Property. All intellectual property rights, includingcopyrights, trademarks, patents, trade secrets, and any other proprietary rights, in andto the Software, its components, underlying code, documentation, and anymodifications, updates, or derivatives (collectively, the "Intellectual Property"), are andshall remain the sole and exclusive property of MB or its licensors.C. Software Function and Use of Information:a. Purpose and function. The purpose and function of the MB Software is to monitor,filter, and block certain capabilities of your device either internally or in its connectivityto other devices or the world wide web and other such programs or both. In order toachieve this end, you give up control of your device to MB and its software therebymaking MB the device manager. By using our Software, you voluntarily give up thiscontrol.b. Installation. The installation and uninstallation of MB’s software is strictly handledby third parties. As such MB does not control any aspect of the installation or theuninstallation of its Software and is not responsible for any errors, loss, or damage thatmay be associated with these processes.c. License to use. Subject to the terms of this Agreement, the Customer is granted anon-exclusive, non-transferable, revocable license to use the Software solely for itsintended purpose as described in the accompanying documentation. This license doesnot convey ownership of any intellectual property rights to the Customer.d. Payment and fees. The use of our Software requires the payment of fees. You agreeto pay all fees and charges incurred in connection with your use of our Software. Youfurther acknowledge and agree that the fees may change from time to time and at thesole discretion of MB. You will receive a Notice of such fee changes before they areapplied and will have the opportunity to cancel the Software. Continued use of theSoftware after the effective date of any fee changes constitutes acceptance of such feesand an agreement to pay them in the manner set forth herein or in such other agreementas may apply. Unless otherwise stated, all Fees are exclusive of applicable taxes, levies,or duties imposed by taxing authorities.e. Failure to pay. Failure to pay the fees by their due date will result in the suspensionand/or termination of your access to the Software. ONCE ACCESS TO THESOFTWARE IS TERMINATED THE DEVICE MAY BECOME BLOCKEDAND ALL FEATURES MAY BE INOPERABLE. THIS MAY INCLUDEEMERGENCY FEATURES SUCH AS DIALING EMERGENCY SERVICES. INORDER TO AVOID ANY SUCH PROBLEMS, YOU MUST GO TO A THIRDPARTY (SUCH AS THE THIRD PARTY THAT INSTALLED THE SOFTWARE)TO UNINSTALL THE SOFTWARE FROM YOUR DEVICE. We will attempt tonotify you before this happens so that you may address the matter before the device isblocked. However, the responsibility to get the Software uninstalled before the deviceis blocked is solely yours and you hereby expressly waive and hold MB and itsAffiliates (defined later) harmless from any damage or loss that is caused by theblocking of your device.f. Cancellation. You may cancel the Software at any time. Should you choose to do soyou must go the third party who installed the Software on your device in order to havethat third party uninstall the Software. Failure to have the Software uninstalled willresult in your device being blocked at the end of the applicable term.g. Refunds. Except as expressly stated in the Terms, all fees are non-refundable,including cases of termination, cancellation, or non-use of the Software.h. Auto-renewal of Software use. Unless you opt out of auto-renewal, anysubscription services you have signed up for will be automatically extended forsuccessive renewal periods of the same duration as the subscription term originallyselected, at the then-current, non-promotional rate. To cancel auto-renewal or otherwisechange or resign your subscription services at any time, cancel your subscription in thesubscription management section. If you terminate Service, you may use yoursubscription until the end of your then-current term and your subscription will not berenewed after your then-current term expires. However, you won't be eligible for aprorated refund of any portion of subscriptions fee paid for a then-current subscriptionperiod.i. Third Party Services. The Services may permit you to link or access other websites,services, programs, software, or resources on the Internet. When you access third partyresources on the Internet, you do so at your own risk. These other resources are notunder our control, and you acknowledge that we are not responsible or liable for thecontent, functions, accuracy, legality, appropriateness or any other aspect of suchwebsites or resources. The inclusion of any such link does not imply our endorsementor any association between us and their operators. You further acknowledge and agreethat we shall not be responsible or liable, directly or indirectly, for any damage or losscaused or alleged to be caused by or in connection with the use of or reliance on anysuch content, goods or services available on or through any such website or resource.

D. Privacy and Personal Information.a. Voluntary provision of information and agreement to disclose;protection of password. You, as the user, are voluntarily providing MB withcertain information and with permission to monitor and record use of yourcomputing device. You, as the user, agree that all users of your computing deviceand user ID will be informed that monitoring/recording is being made, and that inso being informed, other users will not have their privacy invaded. You shouldrecognize the value of your user ID, and that casually allowing others to use yourID can lead to inappropriately ascribing computing device use to your own account;and you, the User, agree that MB is not responsible for maintaining the privacy ofyour user ID.b. Collected information. MB may collect the following types of personalinformation from you:i. Contact Information: When you sign up for our services, we may collectyour name, email address, phone number, and other contact information.ii. Usage Information: We may collect information about how you use ourservices, such as the websites and apps you visit, the times and dates ofyour visits, and your IP address.iii. Device Information: We may collect information about the devices youuse to access our services, including the type of device, its operatingsystem, and browser type.iv. Payment Information: If you choose to purchase our services, we maycollect your payment information, including your credit card number,billing address, and other payment details.g. Use of Information. We may use your personal information for thefollowing purposes: To provide you with our web and app filtering services; toimprove our services and customize your experience; to communicate with youabout our services, including updates and promotions; to process your paymentsand manage your account; to comply with legal requirements and enforce ourpolicies; to provide you with information about other products or services in whichyou may be interested.h. Rights. You have the right to: opt out of receiving promotional emails from us;request access to personal information we have collected from you; request that wedelete personal information.i. Sharing of Information. We may share your personal information with thefollowing types of third parties:1. Service Providers: We may share your information with third-party serviceproviders who help us provide our services, such as payment processorsand hosting providers.2. Business Partners: We may share your information with our businesspartners to offer you promotions and other benefits.3. Law Enforcement: We may disclose your information to law enforcementagencies or other government entities as required by law.4. We may sell or otherwise use aggregate data for other purposes but we willnot sell or use your personal data in any manner except as described inthese Terms.E. Assumption of Risk, Indemnification, and Limitation of Liability.The Customer acknowledges and agrees that the use of MB’s software, programs, and/or appsinvolves inherent risks, including but not limited to: (a) The potential for software defects, bugs,or errors; (b) Vulnerabilities to cybersecurity threats or unauthorized access; (c) Compatibilityissues with third-party systems or hardware; (d) Downtime, interruptions, or delays in theoperation of the Software or your device. Further,1. Assumption of Risk: By using MB’s software, programs, and/or apps, the Customerexpressly assumes all risks associated with its use2. Customer Responsibility: The Customer accepts sole responsibility for evaluating thesuitability of the MB’s software, programs, and/or apps for their intended use and assumesall risks associated with their deployment, configuration, and operation, including the risksof data loss, corruption, or unauthorized disclosure.3. No Guarantee of Error-Free Operation: The Customer acknowledges that no softwarecan be completely free of defects or vulnerabilities and that MB does not guaranteeuninterrupted or error-free operation of its MB’s software, programs, and/or apps.4. Mitigation Measures: The Customer is responsible for implementing and maintainingappropriate safeguards, including: (a) Regular data backups; (b) Security measures toprotect against unauthorized access; (c) Policies and procedures for the use of the Softwarein accordance with applicable laws and regulations.5. Indemnity for Customer Use: The Customer agrees to indemnify and hold harmless MBfrom any claims, losses, or damages arising from the Customer's failure to manage ormitigate risks associated with the use of the Software.6. Indemnification. You shall defend, indemnify, and hold harmless us and each of our andtheir respective employees, contractors, directors, suppliers and representatives(“Affiliates”) from all liabilities, claims, and expenses, including reasonable attorneys’fees, that arise from or relate to your use or misuse of, or access to, the Services, Content,or otherwise from your User Content, violation of these Terms of Service, or infringementby you, or any third party using your Account or identity in the Services, of any intellectualproperty or other right of any person or entity. We reserve the right to assume the exclusivedefense and control of any matter otherwise subject to indemnification by you, in whichevent you will assist and cooperate with us in asserting any available defenses.7. Limitation of Liability. in no event shall we, nor our directors, employees, agents,partners, suppliers or content providers, be liable under contract, tort, strict liability,negligence or any other legal or equitable theory with respect to the services (i) for any lostprofits, data loss, cost of procurement of substitute goods or services, or special, indirect,incidental, punitive, compensatory or consequential damages of any kind whatsoever(however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of thesource of origination), or (iii) for any direct damages in excess of (in the aggregate) of thegreater of (a) fees paid to us for the particular services during the immediately previousthree (3) month period or (b) $500.00.8. Waiver of Warranties. To the maximum extent permitted by applicable law, the Softwareis provided "as is" without any express or implied warranties, including but not limited towarranties of merchantability, fitness for a particular purpose, title, non-infringement, orany warranty arising from course of performance, course of dealing, or usage of trade. Anyimplied warranties that cannot be disclaimed are limited to the minimum extent permittedby law.F. Miscellaneous.a. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute awaiver of our right to later enforce that or any other part of these Terms of Service. Waiverof compliance in any particular instance does not mean that we will waive compliance inthe future. In order for any waiver of compliance with these Terms of Service to be binding,we must provide you with written notice of such waiver through one of our authorizedrepresentatives.b. Notices. Unless otherwise specified in these Term of Service, all notices under these Termsof Service will be in writing and will be deemed to have been duly given when received, ifpersonally delivered or sent by certified or registered mail, return receipt requested; whenreceipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after itis sent, if sent for next day delivery by recognized overnight delivery service. We may alsoprovide Notice to you via the app, website, or pop-up, or by email or text to whicheveremail address and telephone number you have provided us.c. Entire Agreement and Severability. These Terms of Service are the entire agreementbetween you and us with respect to the Services, including use of the Site, and supersedeall prior or contemporaneous communications and proposals (whether oral, written orelectronic) between you and us with respect to the Services. If any provision of these Termsof Service is found to be unenforceable or invalid, that provision will be limited oreliminated to the minimum extent necessary so that these Terms of Service will otherwiseremain in full force and effect and enforceable. The failure of either party to exercise inany respect any right provided for herein shall not be deemed a waiver of any further rightshereunderd. Force Majeure. We shall not be liable for any failure to perform our obligations hereunderwhere such failure results from any cause beyond our reasonable control, including,without limitation, mechanical, electronic or communications failure or degradation.e. Assignment. These Terms of Service are personal to you, and are not assignable,transferable or sublicensable by you except with our prior written consent. We may assign,transfer or delegate any of our rights and obligations hereunder without consent.f. Agency. No agency, partnership, joint venture, or employment relationship is created as aresult of these Terms of Service and neither party has any authority of any kind to bind theother in any respect.g. Headings. The section and paragraph headings in these Terms of Service are forconvenience only and shall not affect their interpretation.h. Modification. We reserve the right, in our sole discretion, to modify or replace any of theseTerms of Service, or change, suspend, or discontinue the Services (including withoutlimitation, the availability of any feature, database, or content) at any time by posting anotice on the site or by sending you notice through the Services, via e-mail or by anotherappropriate means of electronic communication. We may also impose limits on certainfeatures and services or restrict your access to parts or all of the Services without notice orliability. While we will timely provide notice of modifications, it is also your responsibilityto check these Terms of Service periodically for changes. Your continued use of theServices following notification of any changes to these Terms of Service constitutesacceptance of those changes, which will apply to your continued use of the Services goingforward. Your use of the Services is subject to the Terms of Service in effect at the time ofsuch use.i. Termination. We may terminate your access to all or any part of the Services at any time,with or without cause, with or without notice, effective immediately, which may result inthe forfeiture and destruction of all information associated with your membership. If youwish to terminate your Account, you may do so by following the instructions on the Site orthrough the Services. Any fees paid hereunder are non-refundable. All provisions of theseTerms of Service which by their nature should survive termination shall survivetermination, including, without limitation, licenses of User Content, ownership provisions,warranty disclaimers, indemnity and limitations of liability.j. Current Information Required. You must provide current, complete and accurateinformation for your billing account. you must promptly update all information to keepyour billing account current, complete and accurate (such as a change in billing address,credit card number, or credit card expiration date), and you must promptly notify us or ourpayment processor if your payment method is canceled (e.g., for loss or theft) or if youbecome aware of a potential breach of security, such as the unauthorized disclosure or useof your user name or password. changes to such information can be made on your accountsettings on the services. if you fail to provide any of the foregoing information, you agreethat we may continue charging you for any use of paid services under your billing accountunless you have terminated your paid services as set forth above.