Term of service
Welcome to the BreakFence.com website (the "BreakFence"). Please review the following terms of service (these "Terms of Service") concerning your use of the BreakFence. By using the BreakFence, you represent and warrant that you have read and understood and agree to be bound by the Terms of Service contained herein and the Privacy Policy posted on the BreakFence. You agree that you have reached the age of majority in your state or country or that you have parental permission to use the BreakFence.
In the event that any portion of these Terms of Service are deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
We reserve the right to review and change these Terms of Service, the Privacy Policy for this BreakFence and/or any other rules and policies relating to the BreakFence at any time and to provide notification solely by posting an updated version on the BreakFence. You are responsible for regularly reviewing our policies. Continued use of the BreakFence after any policy change shall constitute your binding consent to such changes.
the BreakFence may not be used for any of the following uses:
We shall not be liable for any delays or other resulting from circumstances or causes beyond our reasonable control, including, without limitation, fire or other casualty, earthquake, strike or labor dispute, war, violence or acts of third parties not within our reasonable control. To the maximum extent permitted by law, in no event shall we be liable for direct or personal injury, or any incidental, punitive, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the site. Without limiting the foregoing, in no event will we be liable to any authorized user, regardless of the form of action or the theory of liability, for any amount in excess of the three-month use-fee for the site that we have received from the customer.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in The BreakFence's sole discretion and that The BreakFence shall not be liable to you or any third party for any termination of your account, or access to the Service.
The user agrees not to modify, move, add to, delete or otherwise tamper with the information contained on the BreakFence. The user also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained on the BreakFence. You agree not to utilize the BreakFence or any information you obtain on this BreakFence in any manner which may be likely to injure or cause loss, either directly or indirectly, to us, our parents, subsidiaries, affiliates, officers, employees, agents, contractors and suppliers.
We reserve the right to review and change these Terms of Service, the Privacy Policy for this BreakFence and/or any other rules and policies relating to the BreakFence at any time and to provide notification solely by posting an updated version on the BreakFence. You are responsible for regularly reviewing our policies. Continued use of the BreakFence after any policy change shall constitute your binding consent to such changes.
the BreakFence may not be used for any of the following uses:
- For any illegal, or criminal purpose, including, but not limited to drug, terrorism, violence, racism.
- To violate or infringe intellectual property rights of another.
- To engage in spamming, advertising, mass posts, or any other kind of unsolicited mass distribution of email or other abuse of the Internet.
- To transfer excessively large files.
- To access any website in excess of the authority granted by the website.
- To transmit any unlawful, harassing, libelous, abusive, threatening, harmful, or hateful material of any kind or nature.
- To use the BreakFence in any manner that could damage, disable, or impair any computer system or the BreakFence (or the network(s) connected to the BreakFence) or interfere with any other's use.
DISCLAIMERS AND LIMITATIONS
Use of the site is at your sole risk and that the entire risk. To the maximum extent permitted by applicable law, the site is provided "as is," with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the site, either express, implied, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement of third party rights. We do not warrant that the functions contained within the site will meet your requirements, or the operation of the site will be uninterrupted or correct, or that defects in the site will be corrected. no oral or written information or advice given by us or any of our authorized representatives shall create a warranty.We shall not be liable for any delays or other resulting from circumstances or causes beyond our reasonable control, including, without limitation, fire or other casualty, earthquake, strike or labor dispute, war, violence or acts of third parties not within our reasonable control. To the maximum extent permitted by law, in no event shall we be liable for direct or personal injury, or any incidental, punitive, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the site. Without limiting the foregoing, in no event will we be liable to any authorized user, regardless of the form of action or the theory of liability, for any amount in excess of the three-month use-fee for the site that we have received from the customer.
CHANGES TO THE SITE
We may change the site or add or delete features in any way, at any time and for any reason in our sole discretion, without notice, and you agree and acknowledge that we may do so. As you use the site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "content") originated by us and persons other than us (any such person is referred to as a "third party").USER CONDUCT
Subscribers to the BreakFence may not share their account information with any third party. You agree to immediately notify us of any unauthorized use of your account or any other security issues known to you. All subscriber fees are subject to our Return/Refund Policy.PAYMENTS
You represent and warrant that if you are purchasing something from us that (i) any billing information you supply is true and complete, (ii) charges incurred by you will be honored by your bank and/or credit card company.TERMINATION
We reserve the right to terminate any user's access to the BreakFence or any related service for any or no reason, with or without notice, at any time. If your access is terminated, you agree not to use or access the BreakFence or any related service, or to assist or cause any third party to do the same. Our rights under this Agreement shall survive any termination of this Agreement.Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in The BreakFence's sole discretion and that The BreakFence shall not be liable to you or any third party for any termination of your account, or access to the Service.
COPYRIGHT AND TRADEMARK
The information available on the BreakFence is our property and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on this BreakFence for commercial or public purposes. Users may not use the trademarks, logos and service marks ("Marks") for any purpose without our written permission or such third party that may own the Marks.The user agrees not to modify, move, add to, delete or otherwise tamper with the information contained on the BreakFence. The user also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained on the BreakFence. You agree not to utilize the BreakFence or any information you obtain on this BreakFence in any manner which may be likely to injure or cause loss, either directly or indirectly, to us, our parents, subsidiaries, affiliates, officers, employees, agents, contractors and suppliers.