Terms and Conditions of Service
Last updated: June 4, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the webshrinker.com website (the “Service”) operated by DNSFilter, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or DNSFilter, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting DNSFilter, Inc. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide DNSFilter, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize DNSFilter, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, DNSFilter, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
DNSFilter, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by DNSFilter, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, DNSFilter, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
DNSFilter, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
DNSFilter, Inc. will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
When you create an account with us, you guarantee (i) that you are above the age of 18, (ii) that the information you provide us is accurate, complete and current at all times, and (iii) that, if you are registering for or on behalf of a business or other legal entity, you have the authority and right to bind the business or entity to these Terms. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
As a part of the Service, you may be able to make certain posts related to the Service that other users of the Service can view or otherwise engage in communications with other users of the Service or us (such posts or communications, the “Posts”). You understand that you are solely responsible for the content of such Posts, and you agree that you will not (either through a Post or otherwise):
- interfere with, or attempt to interfere with, the normal operations of the Service or any other user’s use of the Service, including by deleting, altering or blocking another user’s postings, deliberately misidentifying your products, services or postings, overloading, flooding, spamming or crashing the Service or its underlying systems or by altering any profile or other information provided by any user;
- post, share, link to or submit any content or material that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, profane, indecent, obscene, sexually explicit or exploitative;
- use the Service to harass, bully, threaten, humiliate, stalk or otherwise intimidate any other user, member of the Community or any third party;
- post, share, link to or submit any content or material that constitutes hate speech, promotes violence against any group or person or is otherwise objectionable;
- post, share, link to or submit any content or material that is fraudulent, false, misleading or deceptive;
- use the Service for illegal file sharing or post, upload, distribute or share any user content that infringes the intellectual or other proprietary rights of any third party;
- impersonate or falsely suggest or claim an affiliation with any other person or entity;
- create, share, link to, upload or otherwise use the Service to support unwanted email or other communications (“Spam”) to any other user or third party or otherwise to post or transmit advertising or promotional materials or solicitations or to establish or develop any fraudulent business practice, including pyramid schemes or chain letters;
- seek to monetize the Service;
- solicit, collect, distribute, publish or use the login credentials of any other user;
- You may not use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any user information or content provided on or through the Service (other than as may be the result of standard search engine protocols or technologies).
- post, link to, share, create or make available any sensitive information, explicit or degrading images, video or audio or documents of any third party, including other members of the community;
- collect, store or analyze information about other users, except as authorized by such user;
- provide support or resources or conceal or disguise the nature, location, source or ownership of support or resources to any organization designated by the U.S. government as a foreign terrorist organization;
- expose us to any civil or criminal liability; or
- violate any applicable law or encourages conduct that would constitute a criminal offense.
You may store data returned by the Service for future use provided that (a) you maintain an active account; (b) the data is cached in a manner that does not permit its use outside of these Terms; (c) the data being cached is solely to improve the performance access due to network latency; and (d) data returned by the Service must not be cached for longer than 3 days without being refreshed.
The Service and its original content, features, and functionality are and will remain the exclusive property of DNSFilter, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DNSFilter, Inc.
We have adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”).
The contact information of our Designated Agent for copyright takedown notices (“Designated Agent”) is as follows:
Mike Schroll ATTN: DMCA Contact
1440 G Street NW
Washington, DC 20005
If you believe that any images or other user content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location on the Service, with sufficient detail so that we are capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
We will respond to valid DMCA requests within 30 days. In all cases, if you do not hear a response from us within 30 days of submitting a complaint, please email us again at firstname.lastname@example.org to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability for damages.
In an effort to be transparent in removing or restricting access to user-uploaded content, we may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
After removing access to the material pursuant to a valid DMCA notice, we will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material.
We reserve the right, in our sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address above:
- The specific URLs of material that we have removed or to which we have disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Washington, D.C. if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature.
Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may, but shall not be required to, restore the material to the Services.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by DNSFilter, Inc.
DNSFilter, Inc. has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that DNSFilter, Inc. 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 third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless DNSFilter, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, or (b) a breach of these Terms.
Limitation of Liability
In no event shall DNSFilter, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
DNSFilter, Inc. its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of District Of Columbia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.