

Terms of Services
Acceptance of Terms.
The following terms and conditions govern all use of (i) the
http://www.wowfilter.com/
website (the Site), (ii) the services and products available at or
through the Site, and the WOW Filter software, (taken together, (ii)
and (iii) are the Service). The Service is owned and operated by WOW
Filter Incorporated (WOW Filter). The Service is offered subject to
your acceptance without modification of all of the terms and
conditions contained herein and all other operating rules, policies
and procedures that may be published from time to time on this Site
by WOW Filter (collectively, the Terms of Use).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE
SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING
ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY
THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (YOU) AGREE
THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF
USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE
TERMS OF USE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART
THEREOF. WOW FILTER’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR
ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO
THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF USE ARE
CONSIDERED AN OFFER BY WOW FILTER, YOUR ACCEPTANCE IS EXPRESSLY
LIMITED TO THESE TERMS.
If you have entered into a Master Services Agreement with WOW
Filter, and there is any inconsistency between the terms of the
Master Services Agreement and the terms of these Terms of Use, the
terms in such Master Services Agreement control your use of the
Service instead of the terms of these Terms of Use. The Service is
available only to individuals who are at least 13 years old or
possess legal parental or guardian consent. If you do not so
qualify, do not attempt to use the Service. WOW Filter may refuse to
offer the Service to any person or entity at any time and may change
its eligibility criteria, at any time, in its sole discretion.
Modification of Terms of Use.
WOW Filter reserves the right, at its sole discretion, to modify
or replace any of these Terms of Use at any time. WOW Filter will
notify you of changes on the Site and through the WOW Filter blog
and we may send an email to registered users to notify them of the
change. Your continued use of the Service following the posting of
any changes to the Terms of Use constitutes acceptance of those
changes.
New Features.
WOW Filter may, in the future, offer new services and/or features
through the Service (including, the release of new tools and
resources). Such new features and/or services shall be subject to
these Terms of Use. Your continued use of the Service after the
introduction of new features and/or services constitutes your
acceptance of the Terms of Use.
Anti-Phishing Service.
As part of the Service, WOW Filter endeavors to identify phishing
websites (i.e. websites which fraudulently collect personal
information) and notify those persons using the Service when they
attempt to visit a website identified as a phishing website.
Notwithstanding the foregoing, WOW Filter does not guarantee that
the Service will identify all phishing websites or notify you of
such websites. WOW Filter is not liable for the effect of
(including, without limitation, your reliance on) this anti-phishing
service.
Blocking Services.
As part of the Service, WOW Filter allows registered users to
choose to block certain categories of websites (i.e., websites with
content for adults) or individual websites. WOW Filter 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, WOW Filter
does not guarantee that the Service will accurately block such
websites or notify you of such websites. WOW Filter is not liable
for the effect of (including, without limitation, your reliance on)
these blocking services.
Privacy.
WOW Filter’s current Site Privacy Statement is available at
http://www.wowfilter.com/privacy-policy/ (the Privacy
Policy), which is incorporated by this reference. For inquiries in
regard to WOW Filter’s Privacy Policy, or to report a privacy
related problem, please contact us using the information on the
contact page.
Rules and Conduct.
The Site and the Service and any Content (as defined below) made
available on or through the Service is provided only for (a) your
own personal use, (b) your internal business use or (c) if you are a
Managed Service Provider (as defined below), use in the support of
your customers that use the Service for their own personal or
internal business use, all in compliance with all applicable laws,
rules and regulations. If you desire to make any other commercial
use of the Site or the Service, including but not limited to
customizing, selling or distributing the Service (whether as a
stand-alone service or bundled with your services) for consideration
of any kind or for no consideration, you must first obtain WOW
Filter’s specific written approval in advance and/or enter into a
written agreement with WOW Filter. The Service is intended for use
described above only and may not be used in connection with any
other commercial endeavors except those that are specifically
endorsed or approved by WOW Filter in writing. Except for
distributions for the use described above to your employees or
independent contractors for your internal business use and in
compliance with these Terms of Use, you may not distribute or
otherwise commercially exploit or make available to any third party
the Service, or any part thereof, in any way. "Managed Service
Provider" means a service provider that manages or administers the
WOW Filter account of a third party for the third party's internal
business or personal use only. If you are a Managed Service
Provider, you (i) shall not use, administer or manage the Service in
violation of these Terms of Use, (ii) acknowledge and agree that the
WOW Filter Service account is for the benefit of the WOW Filter
customer only and upon any termination of your relationship with
your customer, the customer will be free to use, manage and
administer the Service on its own, (iii) agree not to charge for the
Service and to ensure that your customers understand that any fees
that you charge are solely for your services and not for the
Service, (iv) shall not frame this Site, the Service or its content
in any manner, and (v) shall not, and shall not attempt to, block or
remove any advertisements contained in or offered through the
Service. Any unauthorized use of the Service is expressly
prohibited. For purposes of these Terms of Use, "Content" includes,
without limitation, any information or data (including, information
or data generated or otherwise provided by WOW Filter or its
partners through the Service or related services, or otherwise
available through the Site that are not Submissions (as defined
below)), text, software, scripts, graphics, photos, documents and
interactive features.
You promise not to use the Service for any purpose that is
unlawful or prohibited by these Terms of Use. You agree to abide by
all applicable local, state, national and international laws and
regulations.
By way of example, and not as a limitation, you agree not to (or
permit others to) :(a) take any action or (b) upload, download,
post, submit or otherwise distribute or facilitate distribution of
any "Submissions" such as, without limitation, postings to the WOW
Filter Community, comments, text, communications, software, images,
sounds, data or other materials or information) using any
communications service or other service available on or through the
Service, that:
You will not use any robot, spider, scraper or other automated
means to access the Service for any purpose without WOW Filter’s
express written permission. Additionally, you will not: (i)
interfere or attempt to interfere with the proper working of the
Service or any activities conducted on the Service; or (ii) bypass
any measures WOW Filter may use to prevent or restrict access to the
Service.
You shall not (and you shall not permit others to), directly or
indirectly, modify, translate, decompile, disassemble, or reverse
engineer any part of the Service or any Content available through
the Site (except to the limited extent applicable laws specifically
prohibit such restriction); or copy, rent, lease, distribute, or
otherwise transfer any or the rights that you receive hereunder. In
addition, you shall not remove any proprietary notices or labels.
You may not harvest or collect information, including, without
limitation, screen names, about other members or users of the
Service. The use of any information learned through the Service or
while in the Site is limited to the express purposes set forth in
these Terms of Use; all other uses, including, without limitation,
sending unsolicited bulk e-mail, are strictly prohibited.
WOW Filter may remove any Content and Submissions at any time for
any reason (including, but not limited to, upon receipt of claims or
allegations from third parties or authorities relating to such
Content or Submissions), or for no reason at all.
WOW Filter may, at its sole discretion, immediately terminate
your access to the Service should your conduct fail to conform
strictly and terms or conditions of these Terms of Use, including,
without limitation, with any provision of this section.
Please report any violation of these Terms of Use by contacting
us using information from the contact page.
Registration.
As a condition to using the Service, you may be required to
register with WOW Filter by providing information to be specified
during the registration process and entering an email address and
selecting a password and screen name ("WOW Filter User ID"). You
shall provide WOW Filter with accurate, complete, and updated
registration information. Failure to do so shall constitute a breach
of the Terms of Use, which may result in immediate termination of
your WOW Filter account. In addition, you agree to maintain and
update your registration information to ensure that it is accurate
and complete at all times. You may not (i) select or use as an WOW
Filter User ID a name of another person with the intent to
impersonate that person; (ii) use as an WOW Filter User ID a name
subject to any rights of a person other than you without appropriate
authorization; or (iii) use as an WOW Filter User ID a name that is
otherwise offensive, vulgar or obscene. WOW Filter reserves the
right to refuse registration of, or cancel a WOW Filter User ID in
its sole discretion. You are solely responsible for activity that
occurs on your account and shall be responsible for maintaining the
confidentiality of your WOW Filter password. You may never use
another user's account without such other user's express permission.
You will immediately notify WOW Filter in writing of any
unauthorized use of your account, or other account related security
breach of which you are aware.
Payment and Electronic Communications.
If you have purchased a paid Service, you are expressly agreeing
that WOW Filter is permitted to bill you the applicable fees, any
applicable tax and any other charges you may incur with WOW Filter
in connection with your use of the Site and/or Service and that the
fees will be billed to the credit card or your PayPal account you
provide in accordance with the billing terms in effect at the time a
fee or charge is due and payable. If payment is not received or
cannot be charged to your credit card or PayPal account for any
reason in advance of the applicable subscription period, WOW Filter
reserves the right to either suspend or terminate your access to the
Site and/or any Service and terminate these Terms of Use.
Subscription fees are payable in U.S. Dollars and based on Services
purchased and not on actual usage. All fees are non-refundable.
If you have purchased a paid subscription to the Site and
Service, your subscription will automatically renew for additional,
successive subscription periods equal in duration to the initial
subscription period that you initially purchased unless you
terminate your subscription prior to the next renewal period. You
acknowledge and agree that WOW Filter will automatically charge your
credit card or PayPal account on record with WOW Filter for the
then-current subscription period upon the commencement of any
renewal period. You will provide WOW Filter with valid and updated
credit card or PayPal information and you authorize WOW Filter to
charge such credit card or PayPal account for all purchased
subscriptions and renewals. You may terminate your subscription to
the Site and Service at any time and you will not be obligated to
pay any additional fees for upcoming subscription renewal periods
but any subscription fees you have paid in advance will not be
refunded.
By using the Site, you consent to receiving electronic
communications from WOW Filter. These electronic communications may
include notices about applicable fees and charges, transactional
information and other information concerning or related to our Site
and Service. These electronic communications are part of your
relationship with WOW Filter and you receive them as part of your
subscription to the Site and/or Service. You agree that any notices,
agreements, disclosures or other communications that we send you
electronically will satisfy any legal communication requirements,
including that such communications be in writing.
Third Party Sites.
The Service may permit you to link to other websites or resources
on the Internet, and other websites or resources may contain links
to the Site. These other websites are not under WOW Filter’s
control, and you acknowledge that WOW Filter is not responsible or
liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such websites or resources.
The inclusion of any such link does not imply endorsement by WOW
Filter or any association with its operators. You further
acknowledge and agree that WOW Filter shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance
on any such Content, goods or services available on or through any
such website or resource.
Content and Submissions.
(a)
WOW Filter Content Generally.
You agree that the Site and Service contains Content specifically
provided by WOW Filter or its partners and that such Content is
protected by copyrights, trademarks, service marks, patents, trade
secrets or other proprietary rights and laws. Except as expressly
authorized by WOW Filter in writing, you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative
works from such Content. However, WOW Filter hereby grants you a
limited, revocable, non-sub-licensable license to reproduce and
display the Content (excluding any software code) solely for your
personal and non-commercial use as expressly authorized under these
Terms of Use; provided, that you retain all copyright and other
proprietary notices contained therein. Reproducing, copying or
distributing any Content, materials or design elements on the Site
for any other purpose is strictly prohibited without the express
prior written permission of WOW Filter.
WOW Filter has no obligation to monitor the Site, Service, or
Content. Use of the Content for any purpose not expressly permitted
in these Terms of Use is prohibited. Any rights not expressly
granted herein are reserved.
(b) Submissions Posted by User(s).
WOW Filter provides features through the Service which allow users
to upload, submit, disclose, distribute or otherwise post
Submissions at or on the Site or otherwise through the Service (such
as through the WOW Filter Community). If WOW Filter provides such
features, you:
·
grant to WOW Filter, its affiliates and their assignees
the perpetual, irrevocable, non-exclusive, royalty-free right to
use, reproduce, display, perform, adapt, modify, distribute, make
derivative works of and otherwise exploit such Submissions in any
form and for any purpose, including without limitation, any
concepts, ideas or know-how embodied therein;
·
represent and warrant to WOW Filter that you own or
otherwise control all rights to such Submissions and that disclosure
and use of such Submissions by WOW Filter (including without
limitation, publishing content at the Site) will not infringe or
violate the rights of any third party; and
·
acknowledge that such Submissions may not be treated
confidentially.
You agree not to provide WOW Filter with any information that you
desire or are required to keep secret.
If you are enabled to post Submissions as contemplated by this
subsection (b), you are solely responsible for the Submissions you
post on or through the Service. WOW Filter does not endorse and has
no control over the Submissions posted or otherwise provided by
users. WOW Filter reserves the right to, immediately and without
notice, delete or otherwise remove any user Submissions that, in WOW
Filter’s sole discretion it determines, violates these Terms of Use
or which may be offensive, illegal or violate the rights, harm, or
threaten the safety of any person.
Termination.
WOW Filter may terminate your access to all or any part of the
Service at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate these Terms of Use
or your WOW Filter account (if you have one), you may simply
discontinue using the Service. All provisions of the Terms of Use
which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
No Warranties.
THE SERVICE, SITE AND ALL CONTENT, SUBMISSIONS, PRODUCTS AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED "AS
IS" AND "AS AVAILABLE." THE SERVICE, SITE AND CONTENT, SUBMISSIONS,
PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE
OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. WOW FILTER, AND ITS AGENTS, PARTNERS, SUPPLIERS AND
CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT OR
SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY RESULTS, DATA, OR
INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE,
OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE
CORRECTED; (D) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE,
OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET YOUR
REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
NEITHER WOW FILTER NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT
PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT,
SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR
POSTED BY USERS OF THIS SITE.
Limitation of Liability.
IN NO EVENT SHALL WOW FILTER, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE
SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE
SITE AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE
SOURCE OF ORIGINATION), (III) FOR ANY ERRORS, OMISSIONS, OR
INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SUBMISSIONS
POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR
THROUGH THE SITE AND SERVICE. IN NO EVENT SHALL WOW FILTER’S
AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE
TERMS OF USE, THE SITE OR THE SERVICE EXCEED THE AMOUNT OF ONE
HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY
ACKNOWLEDGE THAT WOW FILTER SHALL NOT BE LIABLE FOR ANY SUBMISSIONS
OR USER CONDUCT.
Indemnification.
You agree to defend, indemnify, and hold harmless WOW Filter, its
affiliates and their employees, contractors, officers, directors and
representatives from all liabilities, claims, and expenses,
including reasonable attorneys' fees, that arise from your (i) use
or misuse of the Service; (ii) your access to the Site, use of the
Service, your Submissions, violation of the Terms of Use by you; or,
(iii) the infringement by you, or any third party using your
account, of any intellectual property or other right of any person
or entity. WOW Filter reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will assist
and cooperate with WOW Filter in asserting any available defenses.
International/Non-California Use.
WOW Filter makes no representation that the Content or
Submissions are appropriate or available for use in locations
outside of California, and accessing the Service is prohibited from
territories where such Content or Submissions are illegal. If you
access the Service from other locations, you do so at your own
initiative and are responsible for compliance with local laws.
Dispute Resolution.
A printed version of these Terms of Use and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Use to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. You and WOW Filter agree that any cause of action arising out
of or related to the Service must commence within one (1) year after
the cause of action arose; otherwise, such cause of action is
permanently barred.
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of California, excluding its
conflicts of law rules, and the United States of America. You
expressly agree that the exclusive jurisdiction for any claim or
action arising out of or relating to these Terms of Use or your use
of this Site or Service shall be filed only in the state or federal
courts located in San Francisco County, California and you further
agree and submit to the exercise of personal jurisdiction of such
courts for the purpose of litigating any such claim or action. Use
of the Service is not authorized in any jurisdiction that does not
give effect to all provisions of these Terms of Use, including
without limitation, this section.
Integration and Severability
These Terms of Use are the entire agreement between you and WOW
Filter with respect to the Service and use of this Site, and
supersede all prior or contemporaneous communications and proposals
(whether oral, written or electronic) between you and WOW Filter
with respect to this Site (but excluding the use of any software
which may be subject to a separate end-user license agreement). If
any provision of the Terms of Use is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum
extent necessary so that the Terms of Use will otherwise remain in
full force and effect and enforceable.
Miscellaneous.
These Terms of Use and the Service contemplated hereunder are
personal to you, and are not assignable, transferable or
sub-licensable by you except with WOW Filter’s prior written
consent. WOW Filter may assign, transfer or delegate any of its
rights and obligations hereunder without consent. All waivers and
modifications must be in a writing signed by both parties, except as
otherwise provided herein. No agency, partnership, joint venture, or
employment relationship is created as a result of these Terms of Use
and neither party has any authority of any kind to bind the other in
any respect. In any action or proceeding to enforce rights under
these Terms of Use, the prevailing party will be entitled to recover
costs and attorneys' fees. All notices under these Terms of Use will
be in writing and will be deemed to have been duly given when
received, if personally delivered or sent by certified or registered
mail, return receipt requested; when receipt is electronically
confirmed, if transmitted by facsimile or e-mail; or the day after
it is sent, if sent for next day delivery by recognized overnight
delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, all Content provided by WOW Filter is
copyright © 2010 WOW Filter Incorporated. All rights reserved.
WOW Filter and Buddy Browser are either trademarks or registered
trademarks of WOW Filter Incorporated. The names of actual companies
and products mentioned at the Site may be the trademarks of their
respective owners.
Digital Millennium Copyright Act Notice.
WOW Filter has adopted the following policy toward copyright
infringement in accordance with the Digital Millennium Copyright Act
(http://lcweb.loc.gov/copyright/legislation/dmca.pdf).
The address of WOW Filter’s Designated Agent to Receive Notification
of Claimed Infringement ('Designated Agent') is listed at the end of
this policy.
It is WOW Filter’s policy to (1) block access to or remove
Submissions and content posted by users that it believes in good
faith to be copyrighted material that has been illegally copied and
distributed by any of our advertisers, affiliates, content
providers, members or users; and (2) remove and discontinue
providing the Service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Submissions or content residing on or
accessible through the WOW Filter web site or Service infringes a
copyright, please send a notice of copyright infringement containing
the following information to the Designated Agent listed below:
B. Once Proper Bona Fide Infringement Notification is Received
by the Designated Agent:
It is WOW Filter’s policy:
C. Procedure to Supply a Counter-Notice to the Designated
Agent:
If the Submissions or content provider, member or user believes
that the Submissions or content that was removed or to which access
was disabled is either not infringing, or the Submissions or content
provider, member or user believes that it has the right to post and
use such Submissions or content from the copyright owner, the
copyright owner's agent, or pursuant to the law, the content
provider, member or user must send a counter-notice containing the
following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, WOW
Filter’s may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the
removed Submissions or content or cease disabling it in 10 business
days. Unless the copyright owner files an action seeking a court
order against the Submissions or content provider, member or user,
the removed Submissions or content may be replaced, or access to it
restored, in 10 to 14 business days or more after receipt of the
counter-notice, at WOW Filter’s discretion.
Please contact WOW Filter’s Designated Agent to Receive
Notification of Claimed Infringement at the following email address:
Designated Agent
WOW Filter
support@wowfilter.com
Contact.
WOW Filter’s full contact information, including location, may be
found on our Contact page at
http://www.wowfilter.com/contact-us/
