Securly (the "Service") is provided by Securly, Inc.
Types of Securly Accounts
The Site and the Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If Customer does not so qualify, do not attempt to use the Service or the Site. Securly may refuse to offer the Site or the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion. If Customer purchased a paid School Account, Securly will provide the Service to Customer for the term of their subscription. Securly will provide Customer with a password and an account to use for administering relevant features of the Service, if applicable.
You may be accessing the Site and the Service on behalf of an organization, school, or school district (your “Organization”). If this is the case, please note that we may have already contracted with your school separately to provide them with the Service. In the event of any conflict between these Terms of Service and the terms of such contract with your Organization (“Service Agreement”), the terms of the Service Agreement shall control.
As part of the Service, Securly allows registered users to choose to block certain categories of websites (i.e., websites with content for adults) or individual websites. Securly endeavors to identify the category of website and notify those persons using the Service with these services enabled when they attempt to visit a website identified as belonging to a designated category or selected as an individual block. Notwithstanding the foregoing, Securly does not guarantee that the Service will accurately block such websites or notify Customer of such websites. Securly is not liable for the effect of (including, without limitation, Customer's reliance on) these blocking services.
MODIFICATIONS AND REVISIONS
DOWNTIME AND SUSPENSIONS
In addition to Securly's right to terminate or suspend Services to you as described above, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions and at any time; and (ii) Securly shall be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time: (a) to perform scheduled or unscheduled maintenance or make any modification or improvement to any of the Services; (b) to mitigate the impact of any denial of service attack or other attack on the Services or other event that Securly determines, in its sole discretion, may pose a risk to one or more of the Services, to Securly's network, to you or to any of Securly's other customers if the Service were not suspended; or (c) if Securly determines, in its sole discretion, that any Service is prohibited by law or that it is necessary or prudent to do so for legal or regulatory reasons.
You may not access, download, use or export the Service in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Securly in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Securly outside the U.S. Neither the Services of Securly nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iraq, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any url which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Securly Corporation, 2010.
ACCEPTABLE USE AND CONDUCT
You agree not to use the Website or Service for any purpose that is unlawful or prohibited by these Terms of Service. You may not access or use the Website or Service in any manner that could damage, disable, overburden, or impair any Securly accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Website or Service or any Securly accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Website or Service or any Securly accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Service or any Securly accounts, computer systems or networks without Securly's express written permission. Securly reserves the right to investigate and take appropriate legal or other appropriate action without further notice against anyone who violates these Terms of Service, which may include without limitation the blocking of access to the Website or Service.
This Website, including the Service, contains the valuable intellectual property of Securly. You may use such intellectual property as necessary for you to use the Service. However, you receive no other licenses or rights, whether express or implied, in any Securly intellectual property that you may access through this Website or the Service. Securly, the Securly Logo, and other related graphics, logos, service marks, and trade names used on the Website are the trademarks of Securly or its licensors and may not be used without express written permission. Other identifiers that may appear on the Website may be the property of their respective owners.
LIMITATION OF LIABILITY
YOU AGREE THAT YOU ARE VOLUNTARILY AND UNEQUIVOCABLY WAIVING ANY LIABILITY IN THE PART OF SECURLY. SECURLY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE WEBSITE OR THE SERVICE, INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SECURLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SECURLY WILL NOT BE LIABLE TO YOU IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) THAT ITS FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODES THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTIERISTICS. IN NO EVENT SHALL SECURLY'S CUMULATIVE AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THE WEBSITE OR THE SERVICE EXCEED FIFTY U.S. DOLLARS (U.S. $50).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE DO NOT APPLY.
These Terms of Service, together with the Service Agreement (if applicable), constitute the entire agreement between you and Securly governing your use of the Website and the Service, superseding any prior agreements, whether written or oral, between you and Securly regarding the subject matter hereof. Of course, you also may be subject to additional and separate terms and conditions that apply when you use or purchase other Securly products, services, or affiliate services, or third-party content or software.
These Terms of Service shall be governed by the laws of the State of California without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction. In connection with any claims, dispute, controversies, or proceeding arising from or relating to the Website or the Service, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the Northern District of California. You and Securly agree to submit to the jurisdiction of, and you hereby consent to the exercise of jurisdiction over you by such courts in any such legal action or proceeding. Securly makes no representation that information on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.
The failure of Securly to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
If any clause or provision set forth above is determined to be illegal, invalid or unenforceable under present or future law, then, in that event the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.