Welcome to the User Agreement for My Family Explorer. The following describes the terms on which My Family Explorer offers you access to our services. If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our services.

You must read, and agree to be bound by, all of the terms and conditions set forth in this agreement before you use or access our services.

ACCEPTANCE OF TERMS. My Family Explorer is an Internet Service Provider, and a hosting service for email and personal web spaces. Acceptance of these terms and conditions is automatic based upon your use of any My Family Explorer service.

MEMBERSHIP ELIGIBILITY. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you can use this service only in conjunction with your parents or guardians.

PRIVACY. A note about children. Minor children (under 18) are not eligible to use our services without the assistance of their parent or guardian. Minors should not submit personal information to us.

Information we collect. Our primary goal in collecting personal information is to provide you with services and products that will most likely meet your needs. If you use our services, we may require you to provide us with: (1) contact and identity information; (2) billing information; (3) shipping information; and (4) other information as indicated. Where possible, we indicate which information is required and which information is optional. YOU ALWAYS HAVE THE OPTION TO NOT PROVIDE INFORMATION BY CHOOSING NOT TO USE A PARTICULAR SERVICE OR FEATURE. We track information based upon your activities on our service.

Our use of your information. We use your information to do internal research on our user's demographics, interests, and activities to better understand and to serve them. Among other things, we use your information to facilitate the services you request, to resolve disputes, to troubleshoot problems, and to enforce the agreement between us. You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and otherwise improve our services. You agree that we may use your information to contact you and to deliver information to you, that, in some instances, are targeted to your interests.

Our disclosure of your information. Due to the existing regulatory environment, we cannot ensure that all of your information will never be disclosed in ways not otherwise described in this privacy policy. By way of example (without limiting the foregoing) we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your information that they collect from the Web Sites. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your information will always remain private.

As a matter of policy, WE DO NOT SELL OR RENT ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU TO ANY THIRD PARTY. We may use internal service providers to facilitate our services and therefore we may provide some of your information directly to them. In all cases, these internal service providers shall treat your personally identifiable information with confidentiality. We may share your data with affiliated companies. We cooperate with law enforcement agencies, and governmental bodies for the enforcement of laws that we determine in our sole discretion may expose you or us to legal liability.

Remote Desktop Application. The software we provide you may include a remote desktop application by which you can give us limited access to or control of your computer for the purpose of initial installation and troubleshooting.

Control of password. You are responsible for all actions taken with your user ID and/or password. Therefore, we recommend that you do not disclose your password to any third party. If you loose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if you loose control of your password, you should immediately change it.

Reviewing and Changing your personally identifiable information. We offer you the chance to review or change your personally identifiable information. We will retain in our files information you have requested to be removed in some circumstances, such as to resolve disputes, troubleshoot problems and enforce our user agreement. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored "back-up systems." Therefore, you should not expect all of your information to be deleted from our systems even when requested them to be deleted.

Security. We use industry standards to safeguard your personal identifiable information. We treat your information as a valuable asset that must be protected against loss and unauthorized access. We employ many security devises to protect your information, however, "perfect security" does not exist.

DISCLAIMER. WE PROVIDE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY SERVICES PROVIDED TO YOU. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK. THIS DISCLAIMER IS AN ESSENTIAL PART OF THIS AGREEMENT.
SERVICE. You understand that the services we provide may be interrupted, with out notice, for reasons that include malfunctions, maintenance, misuse, or other reasons. We are not responsible for such disruptions when they are caused by services or circumstances beyond our control like those occasioned by other companies or organizations, acts of God, strikes, acts of war, and other matters. My Family Explorer relies in part on third parties to provide you services. By using My Family Explorer services you agree to follow any applicable terms and conditions of these certain third parties, including the terms and conditions found at http://www.singleedge.com/UsePolicy.html

CONTENT. We are not responsible for content (including text, software, communications, images, sounds and other information) available through use of our services. Furthermore, we reserve the right to block access to any Internet site containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to us or our customers.

LINKS. We have not reviewed all the sites linked to My Family Explorer and we are not responsible for the contents of any off-site pages or any other sites linked to My Family Explorer. A link from My Family Explorer to any other site does not imply endorsement by My Family Explorer to the other sites. Linking to any other off-site pages or other sites is done at your own risk.

FILTER. My Family Explorer uses a content filter to screen all Internet web sites our users go to while using our service. The filter is a machine based system and may at times block sites or not block sites that may or may not warrant being blocked. You may request that a site be reviewed by our staff, who will rate that site based on its content. You may set your filter control as you wish to allow or disallow types of content.

FEES. You agree to pay all fees charged or incurred by using our services. Each time you use our services, you reaffirm our right to charge your credit card or withdraw funds via electronic transfer from your checking account to collect fees if you have previously authorized one of those methods of payments. We may change our fees from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars, and immediately due. Late payments will be assessed a finance fee of 1.5% per month, or the maximum amount allowed by law, whichever is less. You are responsible and liable for any fees, including reasonable attorneys and collection fees, that we may incur in our efforts to collect any unpaid balance from you.

USER REVIEWS, COMMENTS, FEEDBACK, AND OTHER COMMUNICATIONS. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to My Family Explorer ("Comments") shall be and remain property of My Family Explorer. My Family Explorer shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; and (3) to respond to any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You further agree that Comments submitted by you will not violate this Agreement or any right of any third party (including copyright or trademark), and will contain no libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of Spam.
NOTICES: Unless otherwise stated, any notices to you shall be given to your email address you provide to My Family Explorer. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, return receipt requested, to the address provided to My Family Explorer. Any notices to us shall be given by certified mail, return receipt requested to: Attn: Legal Department, My Family Explorer, 5286 South Commerce Drive, Murray, UT 84107.

TAXES, POSTAGE AND HANDLING: Unless otherwise expressly stated, you shall be responsible for the payment of: (1) all sales, use and other similar taxes arising from purchases of goods or services; and (2) all postage and handling charges, if any.

UNSOLICITED BULK EMAIL. You agree not to use your account to send out any bulk and/or unsolicited email. If you have received junk email and want to report it, simply email support@myfam.com or call 1-800-familyc. We reserve the right to take any and all legal and technical remedies to prevent unsolicited bulk email from entering, utilizing or remaining within our service.

LEGAL COMPLIANCE. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our services.

INDEMNITY. You agree to indemnify and hold My Family Explorer (including as applicable its parents, subsidiaries, affiliates, officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or of your violation of any law or rights of a third party.

LIABILITY LIMIT. In no event shall My Family Explorer (including as applicable its parents, subsidiaries, affiliates, officers, directors, employees, and agents) be liable for lost profits, special, incidental, or consequential damages arising out of or in connection with our services, or this agreement (however arising, including negligence). My Family Explorer's (including as applicable its parents, subsidiaries, affiliates, officers, directors, employees, and agents) liability to you in any circumstance is limited to the greater of: (1) the amount of fees you paid to MFE in the last 30 days prior to the action giving rise to liability; and (2) the prorate amount of unused fees (if you prepaid for our service).

CANCELLATION. Either we or you may cancel or terminate your account at any time. You can cancel your account by calling our customer service department at 1-800-familyc, or by sending written notice of cancellation to us via mail addressed to
MyFamilyExplorer
5286 South Commerce Drive
Murray, UT 84107.

In the event of cancellation, no refund of fees paid or prepaid will be made.

AMENDMENTS. We may amend this agreement at any time by posting the amended terms in this agreement or on the Myfam.com web site. This agreement may not be otherwise amended except in writing signed by you and My Family Explorer.

CHOICE OF LAW. This agreement shall be governed in all respects by the laws of the State of Utah as such laws are applied to agreements entered into and to be performed entirely within Utah between Utah residents.

COPYRIGHT. The Myfam.com web site and its contents are protected under copyright law. All rights are reserved, and any unauthorized use is prohibited. (c)2003 Rekab Sudskany, L.C. You may not reproduce, distribute, display publish or prepare derivative works based on, repost, transmit, or otherwise use the content of Myfam.com WITHOUT MY FAMILY EXPLORER'S PRIOR WRITTEN PERMISSION. You may, however, download one copy of the material from the Web Sites into temporary storage on computer for your PERSONAL, NONCOMMERCIAL HOME VIEWING OR USE ONLY, provided you do not delete or change any copyright, trademark, or other proprietary notices. Except as expressly provided above, nothing contained in this Agreement shall be construed as conferring a license or right under copyright or any other intellectual property right. If you are the owner of intellectual property who believes their intellectual property has been improperly posted or distributed via the Myfam.com, please notify My Family Explorer at 5286 South Commerce Drive, #A116, Murray, UT 84107, Attn: Legal Department.

GENERAL. 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 subsequent or similar breaches. This agreement sets forth the entire understanding between us with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You and My Family Explorer are independent contractors, and no agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this agreement.