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AUP/TOS

 Terms of Service

v.04/27/11  

1. Acceptance of terms of service and Amendments.

Each time you use or cause access to this web site or any service provided, you agree to be bound by these terms of service, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these terms of service.

2. Our Service.

We reserve the right to refuse, cancel, or suspend service at our sole discretion. This includes suspensions and terminations as a result of any violations of these terms of service. Severe or repeated violations of these terms of service may result in immediate termination of your account, in which case, no refunds will be offered for payments made to us and all outstanding charges will be due per the charges and payments section of these terms of service

3. Registrations and Cancellations.

In order to use services provided by this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older, or at least the age of eighteen (18) or older to order any services. When registering, you explicitly agree to our terms of service and as may be modified by us from time to time and available here.

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

Cancellations must be made in writing and will take effect upon receipt of request unless otherwise specified. Any recurring subscription services cancelled during the term of the service shall be considered monies earned and shall not be prorated unless specifically stated by the management. Other services may be prorated based on time spent.

4. Privacy Policy.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Your Conduct.

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

  • impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
  • collect or harvest any data about other users;
  • provide or use this web site and any Content or service in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; we adhere to a strict NO SPAM policy to include any bulk UCE;
    provide any Content or perform any conduct that:
    • may constitute or be considered a violation of any local, national or international law that may give rise to civil or criminal liability; including but not limited to laws relating to copyright, trademark, patent, or trade secrets; this includes hacks, warez, any illegal MP3s, JPGs or other forms of copyrighted music or photographs;
    • may be threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, or libelous against another person, group, or entity;
      is designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine;
    • may cause an excessive burden on resources such as any scripts or routines; including but not limited to IRC, IRC BOTS, Cron jobs run more than twice per hour, servers, services, or anything that may use 5% or more of the system resources.

6. Submission of Content.

By providing any Content to any web site owned and operated by us:

  • you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
  • you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section;
  • you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

7. Charges and Payments.

For services that incur recurring charges, the full amount of any service orders, plus charges for the first billing cycle of services, are due and payable to us upon the acceptance of the order. Thereafter, you will pay in advance charges for each billing cycle. The recurring billing date shall be the date that the account release notification is sent to you.

For accounts that are paid by credit card, you authorize us and our agents to charge recurring billing on the recurring billing date, until you give written notice otherwise to us or until the expiration or termination of an order.

Accounts that pay by check (limited to U.S. bank checks), the full amount of the order, plus charges for the first billing cycle of services, are due and payable to us upon the acceptance of the order. Thereafter, you will pay in advance charges for each billing cycle. The recurring billing date shall be the date that the account release notification is sent to you. We will impose a $15 administrative charge for any check or other instrument which is returned for any reason by a financial institution.

We reserve the right to charge you any sales, use, excise, and ad valorem, gross receipts, or any other tax or fees now or imposed, directly or indirectly, by any governmental authority or agency with respect to the service and is due immediately.

Services incurred during the term of a current service as a result of that service will be due the following billing cycle unless otherwise stated. Charges for other services are due within 10 days of invoice unless otherwise stated. All sales/services/monthly subscriptions are considered FINAL and no refunds or prorated amounts will be issued.

You are responsible for any and all fees incurred for violations of our terms of service including any charges and fees incurred to us as a result of any and all violations by you, or anyone using our services through your account. This includes any fees required to remove our IP\'s from any spam list as a result of UCE/Spam sent through your account. You realize that these fees may exceed $500 per violation. In addition, a $50 administrative fee will be incurred for each violation.

8. Third Party Services.

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney\\\'s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this terms of service or any other violation of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT USE OF ANY ADVICE RESULTING FROM OUR SERVICES OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO on THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY on THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights.

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

13. Notification of Copyright Infringement.

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the address on our contact page.

14. Applicable Law.

You agree that this terms of service and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws of the city of Kansas City, Jackson County, Missouri, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the city of Kansas City, Jackson County, Missouri.

15. Miscellaneous Information.

i) In the event that this terms of service conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this terms of service will remain valid and intact; (ii) The failure of either party to assert any right under this terms of service shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this terms of service and we shall be relieved of any further obligation. 

 

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