Terms of Use

SAFE COMMUNICATIONS, INC.
MOUSEMAIL.COM™

TERMS OF USE

MouseMail.com (“MouseMail”) is a web-based service offered by Safe Communications, Inc. (“Safe Communications”) that allows parents and/or legal guardians (“Parent”) to create a protected account through which children may safely communicate electronically with others. Specifically, a Parent can create an account through which their child may send and receive e-mail, text messages, and other communications; create and maintain an electronic calendar; and, perform other functions. At the same time, the Parent can monitor flagged e-mails, text messages, and other content created and/or received by the Child.

These terms of use (“Terms of Use”) specified herein govern the use of www.MouseMail.com (“Website”) and the services provided through the Website (“Website Services”) by Safe Communications that owns and operates the Website. Please read these Terms of Use carefully before using the Website or Website Services or obtaining any content, information, materials or services therefrom.

While Safe Communications strives to maintain the anonymity and privacy of your electronic communications sent to and through our systems and websites, the nature of the Internet and electronic communications precludes the ability to guarantee that your communications will always remain secure and anonymous. All electronic communications through any system will be susceptible to human error, power failures, malevolent intent, unauthorized intrusions, and other circumstances beyond our control. Safe Communications has implemented and continues to employ commercially reasonable measures to minimize these risks. However, the risks cannot be eliminated altogether. Consequently, by using our services, you acknowledge your acceptance and understanding of these risks and agree that Safe Communications shall not be held liable for the failure of any of its security protocols or falling prey to one or more inherent risks in the delivery and storage of electronic communications.

By visiting the Website and/or using the Website Services, you shall have affirmed that you have read, agree and consent to all of the Terms of Use specified herein and further agree to be bound by them. As such, these Terms of Use represent a binding, legal agreement between you and Safe Communications.

1. General

1.1 Definitions
1.1.1 “Consumer” means any individual or entity that visits the Website. Where applicable, the term “Consumer” shall encompass all customers.
1.1.2 “Content” means all material, whether publicly posted or privately transmitted, that Customers upload, post, broadcast, email, transmit, or otherwise make available on the Website or through the Website Services.
1.1.3 “Child Customer” means any Consumer who uses the Website Services or registers with the Website.
1.1.4 “Parent Customer” means those Customers of Safe Communications that have registered to use the MouseMail Services.
1.1.5 “MouseMail Services” means the suite of services offered through MouseMail, the Website, and the Website Services.
1.1.6 “Safe Communications Trademarks” means any trademarks, tradenames, logos, and other commercial designs of Safe Communications or licensed to Safe Communications, whether or not formal registration exists including, but not limited to, Anonymous Tips, MOUSEMAIL™, MOUSEMAIL.COM™, Mouse logo, SAFE COMMUNICATIONS™, and FAMILY SAFETY FOR EMAILING AND TEXTING™.
1.1.7 “User Content” means information content posted by a Customer to the Website or through the Website Services.
1.1.8 “Website” means all of the information and content (in any format whatsoever) accessible through the World Wide Web at the address www.MouseMail.com.
1.1.9 “SC Website Material” means all of the information and content (in any format whatsoever) on the Website or transmitted via the Website Services. SC Website Material does not include User Content.
1.1.10 “Website Services” means the services provided by Safe Communications through www.MouseMail.com.

1.2 By entering and using the Website and the Website Services, you agree that you have read, understood, and agree to be bound by the Terms of Use.

1.3 You explicitly agree that the use of the Website and Website Services shall be pursuant to these Terms of Use. Safe Communications shall not be bound by any additional or different terms provided by any Consumer or Customer.

1.4 The Terms of Use shall be considered and construed as a binding agreement between you and Safe Communications.

1.5 The Terms of Use comprises the entire agreement between you and Safe Communications, superseding any prior agreements. Please note that you may be subject to additional rules and regulations that may apply when you apply for and use the Website Services. Any such additional rules and regulations shall be explicitly referenced herein and considered as incorporated within the Terms of Use.

1.6 These Terms of Use contain disclaimers (including Sections 11, 12, and 13) as well as exclusive remedy provisions (including Section 13).

2. Modifications to Terms of Use.
2.1 Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, you understand that Safe Communications may alter, amend, change, waive, terminate or modify any term contained within its Terms of Use at any time provided that:
2.1.1 Should Safe Communications alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by:
(a) Posting the new Terms of Use to the Website, particularly www.MouseMail.com/terms-of-service;
(b) electronic mail (where available and applicable) or other means pursuant to these Terms of Use; and/or
(c) as otherwise required by law.

2.1.2 Upon Notice, any Customer may elect to terminate use of the Website and Website Services. Should a Customer continue to use the Website and Website Services, such continued use shall constitute acceptance of the altered, amended, changed, waived, terminated or modified Terms of Use.
2.1.3 Should the Customer accept the altered, amended, changed, waived, terminated or modified Terms of Use, the Customer’s use of the Website and Website Services shall proceed under the new Terms of Use.
2.1.4 Further, should the Customer accept the altered, amended, changed, waived, terminated or modified Terms of Use, the Customer shall execute any document presented to the Customer memorializing such acceptance. However, the absence of such a document shall not affect the enforceability of, and Safe Communications’ reliance upon, Customer’s acceptance.

2.2 You agree to review the Terms of Use and the relevant rules and regulations periodically to be updated of any such changes.

2.3 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly, without passing through certain preceding pages (“bookmarking”), may under certain circumstances result in the bypass of links to the Terms of Use. You hereby agree that any use of such bookmarks or bookmarking to bypass any web pages to enter into the Website and Website Services constitutes acceptance of the Terms of Use.

2.4 Please note again that your continued use of the Website and Website Services following the changes of the Terms of Use constitutes acceptance of all such changes.

3. Website Services.
3.1 Description of Website Services. Safe Communications provides a web-based service that allows Parents (as defined above) to create a protected account through which children may safely communicate electronically with others. Specifically, a Parent can create an account through which their child may send and receive e-mail, text messages, and other communications; create and maintain an electronic calendar; and, perform other functions. At the same time, the Parent can monitor flagged e-mails, text messages, and other content created and/or received by the Child.

3.2 Use of Website Services.
3.2.1 Safe Communications does not endorse Content provided by Customers that is made available via the Website and/or Website Services.
3.2.2 Safe Communications reserves the right, but not the obligation, to delete and/or refrain from posting any User Content that it believes, in its sole discretion, violates these Terms of Use. The failure of Safe Communications to delete any User Content does not constitute Safe Communications’ endorsement of any such User Content.
3.2.3 Safe Communications is not responsible for any and all defamatory, libelous, or slanderous content posted by its Customers.
3.2.4 If you believe any Content violates your rights in any way, you may contact Safe Communications via info@MouseMail.com.

4. Intellectual Property Rights
4.1 You acknowledge and agree that the Website Services and any necessary software used in connection with the Website Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that Safe Communications and/or our licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Safe Communications, our licensors, and/or our advertisers, as applicable, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, Website Services, or the Software, in whole or in part.

4.2 Copyright. All of the SC Website Material is either owned by or licensed to Safe Communications.
4.2.1 All SC Website Material is proprietary and constitutes valuable intellectual property.
4.2.1.1 All SC Website Material is copyrighted and protected under treaty provisions and worldwide copyright laws.
4.2.1.2 The SC Website Material, including that which is transmitted via the Website Services, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without express written permission from Safe Communications.

4.2.2 You may not utilize any part of the SC Website Material for commercial purposes without obtaining written consent from Safe Communications.
4.2.3 By posting to and/or using Safe Communications’ Website and Website Services, you grant Safe Communications the authorization and limited license to use any submitted material in the manner in which you intended it to be used.
4.2.4 By posting to and/or using Safe Communications’ Website and Website Services, you agree that you shall not infringe the copyright of any third parties and shall indemnify Safe Communications from any claims made by third parties against Safe Communications including, but not limited to, copyright infringement.
4.2.5 Customers may link to the Website from their own websites and other third party websites, if such link is otherwise in accordance with the Customer’s use of the Website Services and these Terms of Use.
4.2.6 Customers and Consumers may not frame any elements of this Website within any other website.
4.2.7 Customers and Consumers may not make it appear that they own the Website or that it represents their concept.
4.2.8 The use of any third party software or content obtained through the Website or Website Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you will not use any third party software or content made available to you through the Website or Website Services except as expressly authorized under the applicable third party provider’s terms of service or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers’ terms of service or license agreement, do not download the third party software or content.

4.3 Trademarks.
4.3.1 You agree to not use Safe Communications’ Trademarks or any mark that is confusingly similar to such trademarks.
4.3.2 Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Safe Communications Trademarks displayed on the Website without Safe Communications’ prior express written permission.
4.3.3 All goodwill generated from Safe Communications Trademarks will inure solely to Safe Communications’ benefit.
4.3.4 All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Safe Communications.
4.3.5 Safe Communications reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.

4.4 Patents. The software used to provide the Website Services is the subject of several pending U.S. and/or international patent applications and, as such, the Website Services are “patent pending.”

4.5 Destruction of Materials. Should any Customer or Consumer violate these terms regarding intellectual property, such Customer or Consumer must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.

4.6 Submission to Safe Communications.
4.6.1 Safe Communications does not want to receive confidential or proprietary information from you through the Website, Website Services, email, or other means of communication. Unless otherwise agreed in writing by an authorized representative of Safe Communications, any material, information or idea you transmit to Safe Communications by any means may be disseminated or used by Safe Communications or our affiliates without compensation or liability to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to User Content or to personal information that is subject to our Privacy and Security Policy.
4.6.2 For the sole purpose of providing services to you, You hereby grant Safe Communications a worldwide, royalty-free, and non-exclusive license to use any Content and User Content that you upload to the Website or transmit through the Website Services. This license allows our systems to process and filter messages; monitor keyword usage to support continuous improvement of our proprietary filtering algorithms; assess and understand the ever evolving ways digital communications tools are being used so we can develop products for you that keep up with the trends; provide advertising targeted to adults subscribers of our free services; and use the information for other purposes that may support the continuous expansion and/or improvement of our Website Services. The use of Content or User Content for these purposes shall be completed by computer systems in a manner that maintains the anonymity of the individuals associated with the Content or User Content, except as required for message delivery in the normal course of providing the service. In this context, the Content and User Content shall only be viewed by humans, when necessary, in the aggregate and in a manner that does not link back to any individual subscriber. This license specifically survives termination of your account and is subject to our Privacy and Security Policy.
4.6.3 Further, you expressly agree that at any time and without notice to you, Safe Communications can share user information, including any Content or User Content, with law enforcement agencies and/or as may be required to comply with a subpoena and/or as otherwise required by law.

4.7 Limited License. All content on the Website and available through the Website Services (“Site Content”) is the proprietary property of Safe Communications, its Customers and users and/or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Safe Communications’ prior written permission. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you retain all copyright or other proprietary notices intact. Except for User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to the Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Safe Communications, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

5. DMCA Policy
5.1 Safe Communications respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting on the MouseMail™ Website or Website Services any materials that violate another party’s intellectual property rights. When Safe Communications receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).

5.2 If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.

5.3 If you believe that your own copyrighted work is accessible on the Website or through the Website Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:
A. Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Safe Communications can locate the material;
B. Identify the URL or other specific location on the Site or Service that contains the material that You claim infringes your copyright described in Item 1 above;
C. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
D. Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E. Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf; and,
F. Include your name, mailing address, telephone number and email address.

5.4 5.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:/dt>

Lauren Barth
Safe Communications, Inc.
7740 E. Evans Road, STE A101
Scottsdale, AZ 85260
(480) 731-9100 (Phone)
(480) 731-9565 (Fax)

5.5 Safe Communications has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. Safe Communications may also at our sole discretion limit access to the Site and Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6. Registration
6.1 You agree that Safe Communications may, for any reason, in our sole discretion and without liability to you, refuse to accept a registration and also may delete a registration, terminate an account and/or cancel the Service at any time.

6.2 You must provide us with valid names for You and your Child, Your address, telephone number, and any e-mail address, and a valid credit card number or other method of payment. You and Your Child will choose a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) ensure that You exit from your account at the end of each session, and (b) immediately notify us in writing of any unauthorized use of your password or account or any other breach of security. Safe Communications cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

6.3 In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about yourself and your Child as prompted by the Service’s registration form, and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Safe Communications has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Safe Communications has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

6.4 Further, You agree that You are solely responsible for your Child’s use of the Service and to ensure that Your child complies with the Terms. Therefore, all of the Terms apply to your Child and You must ensure that your Child complies with these Terms. Any violations of the Terms by the Child shall be considered Your violations of the Terms.

6.5 You agree that We, in our sole discretion, and without liability to You, may refuse to accept a request for registration. Safe Communications also may cancel your registration and/or account if is it is being used, as determined by Us in our sole discretion, in association with violations of this agreement, illegal, inappropriate or objectionable activities, including, but not be limited to: infringement of an intellectual property right of another; attempting to reverse engineer our Software; violation of, or activities designed to violate, another’s privacy or right or publicity; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass other users and/or third parties; activities prohibited by the laws of the United States and/or foreign territories in which You or Safe Communications conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene or racially, ethnically, or otherwise objectionable; and activities designed to harm or use unethically minors in any way. In the event Safe Communications refuses a registration or delete an existing registration due to objectionable activities, no refund will be issued.

6.6 Cancellation. If you cancel your account, your cancellation will take effect immediately. After cancellation, you will no longer have access to your account or any data associated with your account. Moreover, Safe Communications reserves the right to and may delete all information contained within your account. Consequently, Safe Communications shall have no liability for such deleted information or content.

6.7 Additional Software. With respect to any additional Software or third party content that may be made available by Safe Communications in connection with the Website and Website Services, you understand that you may have to agree to additional terms and conditions before you access, download and/or use such software or third party content.

7. Conduct.
7.1 The Website and Website Services shall be used for lawful purposes only.

7.2 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials are the sole responsibility of the person from which such Content originated. You, and not Safe Communications, are entirely responsible for all Content and/or User Content that You and/or your Child upload, post, transmit or otherwise make available via the Service.

7.3 You agree to provide Safe Communications with true, accurate and current information as requested when registering for Website Services from Safe Communications. Failure to do so shall constitute a breach of these Terms of Use.

7.4 You may not register on behalf of another individual or group, or assign a registration to any other person.

7.5 You agree not to reproduce, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

7.6 Please note that you should choose your username carefully and you may not choose or use a username of another person, a name that is violating a third party’s intellectual property rights, or a username that is offensive or inappropriate.

7.7 You shall be solely and entirely responsible for any and all use of the Website and Website Services under your username, through your computer(s) and electronic devices, and/or through your Internet connection(s)
7.7.1 As a Customer, you may not permit any other person to use the Website or Website Services as you.
7.7.2 You must promptly inform Safe Communications of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Username or password.

7.8 The Website and Website Services shall not be used for any of the following:
7.8.1 Submit reports and/or information that are knowingly inaccurate or misleading in any way;
7.8.2 Email or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, disparaging, defamatory, vulgar, obscene, slanderous, libelous, presents a person in a false light, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
7.8.3 Email or transmit any content that is harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
7.8.4 Bully, harass or “stalk” any person;
7.8.5 Harm minors in any way;
7.8.6 Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
7.8.7 Impersonate a MouseMail™ service official, forum leader, guide or host;
7.8.8 Disguise the origin of any content transmitted through the Service by, for example, forging headers or manipulating identifiers;
7.8.9 Email or transmit any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7.8.10 Attempt to interfere and/or interfere with the Website or Website Services;
7.8.11 Attempt to disobey and/or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Website Services;
7.8.12 Intentionally or unintentionally violate or circumvent any applicable local, state, national, or international law; any rules, regulations or statutes thereunder; or any court orders;
7.8.13 Email or transmit any content that infringes any intellectual property rights (including patent, trademark, trade secret, copyright or other proprietary rights) of any party;
7.8.14 Email or transmit any content with the intent to interfere, cause disruption, or cause slowdowns in service of any other internet service or equipment;
7.8.15 Disseminate or post harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
7.8.16 Email or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7.8.17 Disseminate materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Safe Communications in its sole discretion;
7.8.18 Post any profanity or obscene words or images;
7.8.19 Post or transmit, or cause to be posted or transmitted, via the Website or Website Services any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or use the Website or Website Services or any of the equipment of Safe Communications to forward any of the foregoing from another source;
7.8.19.1 Safe Communications maintains a strict policy forbidding any spam or misuse of email services within its Website or Website Services.
7.8.19.2 This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from You or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting Your site by posting multiple submissions in public forums that are identical;

7.8.20 Posting or transmitting, or causing to be posted or transmitted, via the Website or Website Services any materials advertising any business other than Safe Communications;
7.8.20.1 Safe Communications may provide certain strategic partners an opportunity to advertise via the Website and/or Website Services after receiving express written permission from Safe Communications. For information regarding advertising, contact Safe Communications via the contact form located at http://www.MouseMail.com/contact.
7.8.20.2 Additional and/or different rules may apply in the event Safe Communications dedicates a special forum in the future to the promotion and/or offering of services by Customers.
7.8.20.3 The publication of customer reviews will not constitute advertising.
7.8.20.4 Safe Communications expressly forbids businesses from publishing reviews about themselves – real or fake – on the Website and/or through the Website Services.
7.8.20.5 Safe Communications expressly forbids businesses from publishing negative reviews about their competitors – real or fake – on the Website and/or through the Website Services.

7.8.21 Seeking to obtain private financial information from any Consumer;
7.8.22 use the Service as a forwarding service to another website;
7.8.23 offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) as Safe Communications determines, in its sole discretion, is inappropriate for sale through the Service provided by Us;
7.8.24 promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
7.8.25 intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
7.8.26 solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
7.8.27 exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;
7.8.28 make any automated use of the system.
7.8.29 Email or transmit any content that a Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7.8.30 Email or transmit or export any technical data from the United States to another country in violation of transmission or export laws;
7.8.31 Forward links to web sites or Internet content that would violate any of the above; and/or
7.8.32 Attempting to interfere with Safe Communications’ security measures.

7.9 Should any Consumer believe that another individual has violated any of the foregoing Terms of Use, he/she should immediately notify Safe Communications via http://www.MouseMail.com/contact/.

7.10 Inappropriate Content
7.10.1 Safe Communications expressly prohibits any pornography, obscene material, and/or adult content (“Inappropriate Content”) on the Website or conveyed through the Website Services. Safe Communications takes efforts to ensure that such Inappropriate Content does not appear on the Website or travel through the Website Services. Despite Safe Communications’ efforts, some Inappropriate Content may appear on the Website and/or through the Website Services.
7.10.2 Should you find any Inappropriate Content on the Website or Website Services, DO NOT DOWNLOAD the Inappropriate Content. Without forwarding the Inappropriate Content, you should immediately inform Safe Communications of any Inappropriate Content at abuse@mousemail.com. You may also contact your local police department or the Federal Bureau of Investigation (“FBI”). To locate the nearest FBI office, please visit: http://www.fbi.gov/contact/fo/fo.htm

7.11 Upon learning of any error, omission or violation of the Terms of Use by any other third party, a Customer shall immediately notify Safe Communications via http://www.MouseMail.com/contact/.

8. Termination of Use and/or Restriction on Privileges.
8.1 Safe Communications reserves the right to refuse its Website Services to anyone should it believe that the Website Services have been or are being used for any unlawful purpose or used in violation of any of these Terms of Use or any other Safe Communications agreement or policy. In particular, if Safe Communications reasonably determines that you have violated these Terms of Use or any other Safe Communications agreement or policy, Safe Communications may terminate your access to the Website and/or Website Services without notice.

8.2 In so doing, Safe Communications may, in our sole discretion and without liability to You, terminate your password, and/or account, and remove and discard any content within the Service, including, but not limited to your messages, your configuration data, files, pictures, videos, etc.

8.3 Safe Communications reserves the right to take any further action as permitted by law should it believe that the Website Services have been or are being used for any unlawful purpose or used in violation of any of these Terms of Use or any other Safe Communications agreement or policy.

8.4 In particular, Safe Communications may terminate a Customer’s use of the Website and/or Website Services immediately should a party use the Website or Website Services for illegal purposes or in a manner that violates any of these Terms of Use or any other Safe Communications agreement or policy.

8.5 Safe Communications also reserves the right to suspend or terminate a Customer’s use of the Website and/or Website Services should Safe Communications become involved in pending litigation or other similar dispute with the Customer, in relation to the Customer’s use of the Website and/or Website Services, or for any other reason. Should the Customer become involved in litigation or other similar dispute in relation to the Customer’s use of the Website and/or Website Services, Safe Communications also may suspend or terminate the Customer’s use thereof immediately and without notice.

8.6 Should your use of the Website and/or Website Services become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your use of the Website and/or Website Services and/or the termination thereof.

8.7 Safe Communications shall not be liable to you or any third-party for any termination of your use of the Website or Website Services.

8.8 There shall be no refunds for any use terminated as a result of a breach of the Terms of Use.

8.9 Any Customer whose use has been terminated by Safe Communications may not access the Website or the Website Services without the prior express written permission of Safe Communications

8.10 Should the Website and/or Website Services become terminated or suspended, all use of the Website and/or Website Services shall be terminated immediately without any prior notification by Safe Communications.

8.11 Apart from the foregoing, if Safe Communications terminates your use of the Website and/or Website Services for any reason other than breach of the Terms of Use or other reasons specified herein, Safe Communications will make every effort to provide you with notice at least ten (10) days before your anniversary renewal date. In such case, the termination shall occur on the anniversary date.

9. RESALE OF SERVICE
Unless otherwise agreed to in writing by Safe Communications, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of the Website or Website Services; use of the Website or Website Services; or access to the Website or Website Services.

10. INDEMNIFICATION
You agree to indemnify and hold Safe Communications, Inc., and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees (including, but not limited to, attorneys’ fees, paralegal fees, costs, and expenses), made by any third party due to or arising out of your User Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another, whether You are a registered user or not. You are responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.

11. DISCLAIMER OF WARRANTIES
11.1 THE WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

11.2 SAFE COMMUNICATIONS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
11.2.1 ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
11.2.1.1 THE WEBSITE/WEBSITE SERVICES;
11.2.1.2 REPORTS BEING RECEIVED BY INTENDED RECIPIENTS; AND
11.2.1.3 THE ABILITY OF THE WEBSITE/WEBSITE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;

11.2.2 ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;

11.2.3 ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

11.2.4 ANY WARRANTIES OF NON-INFRINGEMENT; AND

11.2.5 ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF SAFE COMMUNICATIONS IN THE WEBSITE/WEBSITE SERVICES, OR ANY WARRANTY THAT THE WEBSITE/WEBSITE SERVICES DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

11.3 WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE WEBSITE OR WEBSITE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, SAFE COMMUNICATIONS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11.5 SAFE COMMUNICATIONS MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.

11.6 WHILE WE BELIEVE THAT THE MOUSEMAIL SYSTEM IS AN EFFECTIVE TOOL FOR LOCATING OFFENSIVE CONTENT BEING TRANSMITTED TO OR BY YOUR CHILD, WE DO NOT GUARANTEE THAT OUR SYSTEM WILL IDENTIFY ALL CONTENT THAT YOU MIGHT FIND OFFENSIVE OR WHICH MAY BE PROHIBITED BY LAW. WE CANNOT AND DO NO WARRANT THAT THE MOUSEMAIL™ SYSTEM WILL SUCCESSFULLY PREVENT THE TRANSMISSION OF ANY CONTENT, INCLUDING OBJECTIONABLE CONTENT THAT MAY CONTAIN ILLEGAL IMAGES AND CHILD PORNOGRAPHY.

11.7 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

11.8 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE WEBSITE AND/OR WEBSITE SERVICES.

12. THIRD PARTY LINKS AND PRODUCTS
12.1 IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES, SAFE COMMUNICATIONS MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.

12.2 SAFE COMMUNICATIONS NEITHER MONITORS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES OR OVER SUCH THIRD PARTY PRODUCTS AND SERVICES.

12.3 SAFE COMMUNICATIONS IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES: AND/OR (D) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.

12.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY

12.5 SAFE COMMUNICATIONS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

12.6 SUCH THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE ON THIS WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.

12.7 SAFE COMMUNICATIONS IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES. FURTHER, SAFE COMMUNICATIONS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES.

12.8 You also may be subject to additional terms and conditions that may apply when You use affiliate or other services provided by Us, third-party content or third-party software. SAFE COMMUNICATIONS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CONSUMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.

13. LIMITATION OF LIABILITY
13.1 IN NO EVENT WILL SAFE COMMUNICATIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS; OR ITS SUBSIDIARIES’/SUPPLIERS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, AND ANY OTHER KIND OF DAMAGE OR INTANGIBLE LOSS), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE WEBSITE SERVICES, EVEN IF SAFE COMMUNICATIONS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.

13.2 SAFE COMMUNICATIONS SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILAIBILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURENCES.

13.3 SAFE COMMUNICATIONS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SERVICE. SIMILARLY, SAFE COMMUNICATIONS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD UPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.

13.4 YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT SAFE COMMUNICATIONS, INC. SHALL BE LIABLE FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS THE USER HAS PAID TO SAFE COMMUNICATIONS, INC.

13.5 SAFE COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES.

13.6 IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE WEBSITE SERVICES OR YOU HAVE ANY DISPUTE WITH SAFE COMMUNICATIONS IN CONNECTION WITH THE SAME OR THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE AND THE SERVICES.

13.7 THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
13.7.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE OR WEBSITE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR THE WEBSITE SERVICES WILL BE CORRECTED.
13.7.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE AND WEBSITE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

13.8 THESE DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS AND/OR CAUSES OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.

13.9 Safe Communications shall not be held liable for any special, indirect, incidental or consequential damages arising out of or connected with these Terms of Use or with any of the services provided hereunder, regardless of whether caused by Safe Communications, its agents, employees, subsidiaries, representatives, assigns or otherwise.

13.10 SAFE COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF ANY CONTENT THROUGH THIS WEBSITE.

13.11 THE FOREGOING LIMITATIONS OF LIABILIY SHALL ALSO EXPRESSLY APPLY TO ANY DAMAGES, INJURIES, OR CLAIMS (OF ANY KIND) CAUSED BY AND/OR EMANATING FROM THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION.

14. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

15. Changes to Service.
15.1 Safe Communications reserves the right at any time to modify or discontinue, whether temporarily or permanently, the Website and Website Services. Changes may occur from time to time. Notice of any changes or modifications will be provided through the Website and, as appropriate, other means of notice provided herein. Absence of any notice beyond changes on the Website shall not affect the enforceability of the Terms of Use.

15.2 Safe Communications may update its Software and/or code, in whole or in part. These updates may require your computer to install additional third party software.

16. Procedures of Subpoenas
16.1 Safe Communications may reveal a Customer’s personally identifying information upon receipt of a valid and properly served subpoena.

16.2 Any subpoena must be served upon Safe Communications at 7740 East Evans Road, Scottsdale, AZ 85260.

16.3 Any subpoena must specifically identify (a) the content about which personally identifying information is sought; (b) the date such content was sent; (c) the recipients of such content; (d) the purposes for which personally identifying information is sought; and (e) any additional information justifying disclosure.

16.4 Given that Safe Communications destroys certain information in the normal course of business, notice should be served upon Safe Communications should a party seek to have information preserved. Safe Communications does not guarantee the preservation of any evidence absent serviced upon Safe Communications of a valid court order compelling such preservation.

17. General Provisions
17.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein.

17.2 Applicable Law. The Terms of Use shall be construed and enforced in accordance with the laws of the State of Arizona without regard to its conflicts of laws provisions. Similarly, the laws of the State of Arizona (again without regard to its conflicts of laws provisions) shall also govern any dispute arising between you and Safe Communications. You agree to submit to the personal and subject matter jurisdiction of the courts located within the county of Maricopa, Arizona. You also agree the venue for any action, dispute or proceeding with respect to this Agreement or any dispute between you and Safe Communications shall be the county of Maricopa, Arizona. You further waive all defenses to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens..

17.3 Incorporation Clause. This Terms of Use expressly incorporates the terms provided for in Safe Communications’ MouseMail.com Privacy and Security Policy.

17.4 Entire Agreement. You agree that the Terms of Use as it shall be modified from time to time constitutes the full and complete understanding between you and Safe Communications with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements, or representations by or among you and Safe Communications, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of this Terms of Use.

17.5 Indemnification. Any Consumer of the Website and/or Website Services shall indemnify and hold Safe Communications, the owners and operators of Safe Communications, as well as their subsidiaries, officers, agents, directors and employees, harmless against any and all claims, expenses and/or losses, including reasonable legal fees (including but not limited to attorney’s fees, paralegal fees, costs and expenses), made by any third party against Safe Communications due to or arising from your use of and/or connection to the Website or Website Services; or from Reports and/or information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Website; your connection to the Website; your violation of these Terms of Use; or your violation of any rights of any other person or entity.

17.6 Independent Parties. You and Safe Communications are independent parties and nothing contained in this Terms of Use shall be construed or implied to create any agency or partnership between you and Safe Communications. At no time shall you or Safe Communications act as an agent for or make commitments for or in the name of the other party.

17.7 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe the Terms of Use or otherwise be given any legal effect.

17.8 Reasonableness. You have read each of the terms in the Terms of Use and consider each of them, including all subparts, to be reasonable.

17.9 Savings Clause. In the event that any provision of the Terms of Use is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of the Terms of Use shall nevertheless be binding upon you and Safe Communications with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the intent herein. You agree that any such provision, in its form so modified by the court, shall then be enforceable and shall be enforced.

17.10 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Website and/or Website Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, the doctrine of “continuous publication” shall apply to this Terms of Use.

17.11 Waiver.
17.11.1 No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
17.11.2 The failure of Safe Communications to insist, in any one or more instances, upon the performance of any of the terms of this Agreement or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
17.11.3 No employee, agent or representative, including without limitation a customer service representative, of Safe Communications shall be entitled to waive any term of the Terms of Use or any other Safe Communications’ agreement or policy.

17.12 Notices. Notices by Safe Communications to you for any reason (including changes to this Agreement, the Service, the fees, or other similar matters) may be provided by a general posting on the Website at www.MouseMail.com. Other notices from Safe Communications may be made via conventional email or regular mail. Notices by you to Safe Communications may be given through electronic mail via info@SafeCommunications.com (return receipt requested) or by United States Certified First Class Mail to Safe Communications, 7740 E. Evans Road, Scottsdale, AZ 85260, unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from Safe Communications or sending postal mail certified first class, you may not assume that your notice has been received.

17.13 Restricted Locations.
17.13.1 The Website and Website Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
17.13.2 The Website may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Website and/or the Website Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
17.13.3 You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

You acknowledge and agree that the form and nature of the Services that Safe Communications’ provides may change from time to time without prior notice to You. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new tools and resources, shall be subject to these Terms.


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