Welcome to Family Filter!
Your Consent and Use of the Website and Services and Software Provided by the Website
- This Terms of Use, Agreement, and Privacy Policy (this "Agreement") constitutes an agreement which governs both your use of this website and, if you subscribe to the services, including free trial subscriptions, your use of the filtering, monitoring, and other services and software ("Services and Software" or, collectively, "Services") provided by Nooma Networks, Inc. ("Nooma").
- By accessing this website (this "Site"), you agree to be bound by the terms and conditions, including the privacy policy set forth herein, that govern your use of our Site and Services. If you do not agree to these terms and conditions, please do not use the Site or Services. By subscribing to the Services, either as a regular subscriber or with a free trial subscription, you agree to be bound by these terms and conditions.
- We may from time to time change the terms and conditions that govern your use of our Site or of the Services and Software. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. Nooma may terminate your right to and deny you access to this Site if, in Nooma's sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever, in Nooma's sole discretion. Nooma may also terminate your subscription to the Services if you fail to comply with any term or provision of this Agreement.
- Use of this website is limited to residents of the United States and Canada who are over the age of 18.
- This Web site is not directed to children under 13 years old. The policy of Nooma, as the operator of this Web site, is NOT knowingly to collect any personal information from children under 13, including "individually identifiable information," as defined by the Children's Online Privacy Protection Act (COPPA). If you are under 13, you should leave the Web site without filling out any of the registration, entry, or other forms or otherwise providing any information about yourself. If Nooma did knowingly collect personal information from children under 13, it would do so in accordance with COPPA.
- PROHIBITED USES. Nooma imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from: (a) violating or attempting to violate any security features of the Site or Services; (b) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (c) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (d) interfering or attempting to interfere with or disrupt service to any user, host, or network, or the operation of this Site or the Services, including, without limitation, by means of submitting a virus to the Site or Services, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (e) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Nooma in providing the Site, Software, or Services; or (h) collecting or harvesting any personal information about any other user of the Site or Services. Any violation of the foregoing may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots", spiders, or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Site, and only for purposes consistent with this Agreement, or for collecting or harvesting any of the Nooma scores, scoring numbers, rankings, or ratings of individual websites provided through the Services. You may not circumvent any access or use restrictions, data encryption or content protection related to the Site. You may not data mine the Site or in any way cause harm to the Site.
- Intellectual Property Rights
- The trademarks, service marks, trade names, logos, and commercial symbols of Family Filter and Nooma, and other persons, used at this Site are protected by the trademark laws of the United States, applicable trademark laws of the several states and foreign countries, and international treaty. Such marks and commercial symbols may be used only as permitted by applicable law.
- This Site and its contents are protected by the copyright laws of the United States and, as applicable, the laws of other countries or international treaty. Except as specifically permitted herein, and except for solely internal use for the evaluation of Nooma and its products and services, copying any portion of the Site or its content (including electronic copying or downloading) is expressly prohibited without the prior written permission of Nooma. No right, title or interest in any of the information, material, or other content of this Site are granted to you under any circumstances, and Nooma reserves and retains all intellectual property rights in and to the Site and its content. Linking or framing to this Site or any of its content is also prohibited without the prior written permission of Nooma.
- License of Software and Services
- To the extent that you properly subscribe to the Services and abide by the terms and conditions of this Agreement, you are hereby granted a license ("License") to use the Services and Software covered by each License, together with any manuals, descriptions, instructions, or other literature provided by Nooma, for a maximum of five users per License. Each user must be an individual (and not an organization, business entity, or group of individuals) and each user must be given a separate, unique logon ID. No two persons are permitted to use the same logon ID. Your License is valid only for the duration of your subscription based upon the time period selected for your subscription, all subject to the terms, conditions, and limitations herein contained.
- Your License is conditioned upon receipt of payment in full by Nooma of all amounts due from you to Nooma and your License shall be immediately and automatically terminated in the event of any failure on your part to make proper and timely payment to Nooma. Your License may also be terminated by Nooma in the event of any breach by you of this Agreement.
- You may not: (i) engage in or permit any of the "PROHIBITED USES" specified above; (ii) sell, assign, license, sublicense, lease, lend, transfer, hypothecate, encumber, pledge, publish, disclose, display, or otherwise make available, to any person or entity whatsoever (including, without limitation, any parent, subsidiary, or affiliated entity), any of the Services or Software, it being agreed that each License is personal to you as licensee, and any attempted or purported transfer of the License or any portion thereof would constitute an impermissible, void, and invalid expansion of the scope of such License; (iii) use the Services or Software in the operation of a service bureau, or in the operation of a Web-hosted Application Service Provider ("ASP") business, or otherwise distribute the use or benefits of the Services or Software over the Internet or other network accessible by any third party; (iv) copy any of the Services or Software other than for use at the computer or network locations covered by your subscription; (v) disassemble, decompile, or reverse engineer the Services or Software, or any portion thereof, or otherwise attempt to determine or identify any of the content of the programming code contained therein; or (vii) alter, enhance, or otherwise modify the Services or Software, or any portion thereof, or create any derivative works therefrom.
- You may not install or use the Services or Software on any computer that you do not own. You must disclose the following to each person who operates any computer on which the Services or Software are installed or used that you are monitoring Internet browsing activities and the identity of the websites which the user visits or attempts to visit through the use of the Services. Please be aware that doing otherwise may violate not only the terms of this Agreement, but also federal, state, or local laws.
- Disclaimer of Warranties and Limitation of Liabilities
- ALL USE OF THIS SITE, ANY INFORMATION, CONTENT, GOODS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS SITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS SITE, INCLUDING WITHOUT LIMITATION THE SERVICES AND SOFTWARE, IS PROVIDED WITHOUT GUARANTY OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER NEW NOR ANY OF ITS AFFILIATES OR AGENTS MAKES ANY WARRANTY OR PROMISE THAT: (A) INFORMATION PROVIDED AT THIS SITE IS COMPLETE, TIMELY, OR ACCURATE; (B) THE SERVICES OR SOFTWARE OR OTHER ITEMS OFFERED AT THIS SITE OR THE RESULTS YOU OBTAIN FROM THE USE OF SUCH ITEMS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, ACCURATE, OR RELIABLE. NOOMA DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE WILL BE ERROR-FREE. THE SERVICES AND SOFTWARE ARE FURNISHED "AS IS" AND WITHOUT WARRANTY AS TO THE PERFORMANCE OR RESULTS YOU WILL OBTAIN BY USING THE SERVICES OR SOFTWARE. Without limiting the foregoing, the Services and Software rely upon third-party products as well as rules, statistics, and performance algorithms which cannot by their nature give precise, perfect, or fully predictable results. You expressly acknowledge and agree that use of the Services and Software is at your sole risk. You should conduct your own due diligence as to the adequacy of the Services and Software to provide the degree of filtering protection you desire, as well as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced at this Site. Likewise, Nooma does not warrant the accuracy of third-party content contained within or referred to at this Site, including reference by any links to third-party websites.
- UNDER NO CIRCUMSTANCES SHALL NOOMA BE LIABLE TO YOU FOR LOST PROFITS OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THIS SITE, THE SERVICES OR SOFTWARE, OR ANY OF THE FUNCTIONALITY, SOFTWARE, PROGRAMMING, INFORMATION, CONTENT, GOODS, OR SERVICES CONTAINED OR PROVIDED AT THIS SITE. WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF NOOMA FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS SITE, ANY INFORMATION, CONTENT, GOODS, OR SERVICES CONTAINED AT OR PROVIDED OR PURCHASED FROM THIS SITE, OR OTHERWISE RELATING TO YOUR USE OF THIS SITE, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU TO NOOMA FOR INFORMATION OR CONTENT PURCHASED BY YOU FROM THIS SITE WHICH IS DIRECTLY RELATED TO ANY DAMAGE OR INJURY SUFFERED BY YOU. THE LIMITATIONS OF THIS PARAGRAPH INCLUDE ANY LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU FURTHER AGREE THAT ANY CLAIMS ARISING UNDER THIS AGREEMENT OR ARISING OUT OF ANY OF YOUR RELATIONSHIPS WITH NOOMA MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.
- Nothing contained at this Site is intended as medical or legal advice or intended for the diagnosis of any medical conditions. You should consult your own attorney, physician or health care provider for any legal or medical advice or diagnosis. Nothing contained at this Site and none of the Services provided intended as any statement, commentary, opinion, or judgment regarding any websites operated by any third parties. Nooma's Services and Software apply strict numeric counts based upon words or phrases deemed potentially objectionable by third party services and permits the user to block sites based upon the application of those counts and scores. The user sets the tolerances for the extent of filtering based upon those scores.
- Except for payment of monies, neither party shall be liable for failure to fulfill its obligations under this Agreement or for delays in delivery or service due to causes beyond its reasonable control, including, but not limited to, acts of God, man-made or natural disasters, earthquakes, fire, riots, flood, material shortages, strikes, delays in transportation or inability to obtain labor or materials through its regular sources.
- Indemnity
- You agree to indemnify, defend and hold harmless Nooma, its affiliates, directors, officers, employees, and agents, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or arising out of your use, unlawful use or other misuse, or inability to use the Site, or any of its content, or your breach of this Agreement.
- Choice of Law, Arbitration, and Venue
- This Agreement, the use of this Site, and any claim or controversy relating to or arising from the use of this Site, the Software and Services, any other purchases or other transactions made or entered into at this Site, use of any information, content, goods, or services herein contained or provided from this Site, or relating to any functionality or software or programming contained or provided at or from this Site, and any other aspect of the relationship between you and Nooma, shall be governed by the laws of the State of California and, as applicable, the laws of the United States of America. Any such dispute shall be decided by one arbitrator under arbitration rules of Judicial Arbitration and Mediation Services (Jams) dispute resolution services. Such arbitration hearing shall take place in Orange County, California. The decision of the arbitrator shall be final and binding. The award may be entered in, and any ancillary legal proceeding shall be conducted in, the Superior Court of the State of California, in and for the County of Orange, or, where applicable, the federal District Court sitting in the County of Orange, State of California. No dispute, claim, or controversy hereunder or as between you and Nooma may be resolved by class-action and you hereby waive any and all rights to the maximum extent permitted by law to file or participate in any class-action against Nooma.
- Other
- We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of our Site or Services may be interfered with by numerous factors outside of our control. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to other or similar breaches.
- If you open an account at this Site, you will be required to complete the registration process by providing certain information and registering a username and password. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will Nooma be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties, and there are no warranties, representations or agreements, express or implied, among the parties except as set forth herein.
- DMCA Notice and Procedure
- It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner and believe that your copyrights have been infringed based upon any content at this Site, you may give Family Filter notification of the alleged copyright infringement. When a valid DMCA notification is received, we will respond by taking down the offending content. We may then take reasonable steps to contact the owner or provider of the removed content so that a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Nooma may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. Nooma's privacy policy does not protect information provided in these notices.
- Notification
- If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated agent at the email address below:
Family Filter Copyright Agent.
65 Enterprise Aliso Viejo, CA 92656, Phone: 949.330.7500.
Email: product-support@noomanetworks.com.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing.
- Your notification must include the following information:
- (A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- (C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- (D) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- (E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- ((F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Only DMCA notices should go to the Nooma agent designated above. Communications regarding other matters directed to that address, or DMCA notices which do not comply with the requirements of the DMCA, may be ignored.
- Upon receipt of the written notification containing the information as outlined above:
- (A) Nooma shall remove or disable access to the material that is alleged to be infringing.
- (B) Nooma shall use reasonable efforts to forward the written notification to such alleged infringer ("User"), where applicable.
- (C) Nooma shall take reasonable steps promptly to notify the User that it has removed or disabled access to the material.
- Counter Notification
- To be effective, a Counter Notification must be a written communication provided to Nooma's designated agent that includes substantially the following:
- (A) A physical or electronic signature of the User.
- (B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- (C) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- (D) The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User's address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.
- Upon receipt of a Counter Notification containing the information as outlined above:
- (A) Nooma shall promptly provide you with a copy of the counter notification, and inform you that Nooma will replace the removed material or cease disabling access to it in 10 business days; and
- (B) Nooma may replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Nooma's designated agent first receives notice from you that you have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at the Site.
- Account Termination
- Nooma may, if applicable and in appropriate circumstances, terminate an account holder or User of the Site if he or she is a repeat infringer. If you believe that an account holder or User is a repeat infringer, please follow the instructions above to contact Nooma's DMCA agent and provide information sufficient for us to verify that the account holder or User is a repeat infringer.
- Objectionable Material
- You agree that Nooma shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Site or restrict access to material that it or any user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
- Third party links
- Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
- Terms of License
- Terms of Use and Privacy Policy Are Incorporated Herein
- All of the Terms of Use and the Privacy Policy as set forth above and below (including, without limitation, the provisions regarding intellectual property rights, the scope of and limitations upon your rights to use, copy, and disseminate materials obtained from this Site, disclaimers of warranty, limitations of liability, choice of law, venue, arbitration, indemnity, and all other terms set forth herein), constitute a material part of the terms of sale to you of any documents, information, services, or goods purchased by you at this Site.
- General Terms of Subscription
- 30 Day Moneyback Guarantee: Nooma provides you with a full 30 day moneyback guarantee. If you are not completely satisfied with the Service during the first 30 days of your subscription, send an e-mail message to refund@noomanetworks.com canceling your subscription utilizing a transmittal option which will provide you with a "Read receipt". If your e-mail cancellation message is received within 30 calendar days of the date of your first subscription to the Service, you will be provided with a full refund of any amount you paid for your subscription. The refund will be provided by credit through the same payment mechanism (e.g., credit card or debit card) by which you originally paid for your subscription.
- Returns and Refunds: In addition to the 30 day moneyback guarantee described in the preceding paragraph, you may cancel your account at any time send an e-mail message to customer-service@noomanetworks.com canceling your subscription, utilizing a transmittal option which will provide you with a "Read receipt". Nooma will terminate your account within a reasonable time following receipt of such cancellation and will refund the pro rata portion of any subscription fee allocable to the remainder of your subscription term following the date of termination. If Nooma terminates your account for any reason, Nooma will also refund the pro rata portion of any subscription fee paid by you and allocable to the remainder of your subscription term following the date of termination. Except as provided in this paragraph and the preceding paragraph, Nooma does not permit returns or refunds.
- Renewal: At the end of your initial subscription period, or at the end of any subscription you later enter into on other than a month-to-month basis, your subscription will automatically renew on a month-to-month basis, and you will be billed monthly at the then current subscription renewal rates. You may terminate your subscription by giving written notice to Nooma at least 30 days prior to the expiration of your subscription (including the expiration of each renewal month for a month-to-month subscription).
- Termination: Upon termination of your subscription, your access to the Service will be terminated and you will no longer be able to access the Internet through computers on which the Service has been enabled until you disable and uninstall the Nooma agent on each computer. Concurrently with termination of your subscription, a utility for uninstalling the hooks will be provided to you by e-mail address to your most recent e-mail address of record provided to Nooma . Additionally, when you attempt to access the internet, if your subscription has been cancelled, or terminated, you will be redirected to a page that provides a link to the deconfiguration utility. Please be sure to keep your e-mail address up to date.
- Export Control. The license of Software hereunder is subject to regulation by laws and agencies of the United States Government which prohibit export or diversion of certain products and technology to certain countries, including, without limitation, the U.S. Export Administration Act of 1979, as amended, any successor legislation, and the Export Administration Regulations issued by the U.S. Department of Commerce. Each party warrants that it will comply with the U.S. export regulations and laws governing exports in effect from time to time.
- Privacy Policy
- What information do we collect?
- We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
- When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
- What do we use your information for?
- Any of the information we collect from you may be used in one of the following ways:
- To provide you with reports regarding Internet usage by the users which you administer
- To personalize your experience (your information helps us to better respond to your individual needs)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions (Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To send periodic emails (The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.)
- In addition, we may be required to comply with subpoenas or other orders or requirements of government agencies that may result in the disclosure pursuant to such orders or requirements of personally identifying information which you provide to us. In that event, we will, if not prohibited from doing so, attempt to give you as much notice as reasonably possible of the subpoena or other order or governmental requirement, but cannot and do not guarantee that such notice will be given or received.
- Changes to our Privacy Policy
- If we decide to change our privacy policy, we will post those changes on this page as it appears under the link to our Terms of Use and Privacy Policy at the Family Filter homepage (www.FamilyFilter.com).
- You may review the information we have collected about you by accessing your account at our site through your account administrator login ID and password. If you need to make changes to any of the information we have collected about you, you may do so by modifying your account information online. The effective date of this privacy policy is August 28, 2009.
- Additional Information
- Family Filter is operated by Nooma Networks, Inc., a Nevada Corporation, 65 Enterprise Aliso Viejo, CA 92656. You may also receive Nooma's legal name and address information and return and refund policies by e-mail by requesting such information by e-mail addressed to customer-service@noomanetworks.com.
