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Terms of Service
WHEREAS, ProfileSnoop.com is an information provider connected
to the Internet. ProfileSnoop.com offers storage and transfer services over the
Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize ProfileSnoop.com's server for its own
purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor
controlled by any one entity; therefore, ProfileSnoop.com can make no guarantee
that any given reader shall be able to access ProfileSnoop.com 's server at any
given time. ProfileSnoop.com represents that it shall make every good faith
effort to ensure that its server is available as widely as possible and with as
little service interruption as possible;
WHEREAS, the party has authority to enter into this agreement on behalf of the
Company, if applicable;
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows;
Material and Products:
1. ProfileSnoop.com will exercise no control whatsoever over the content of the
information passing through the network. ProfileSnoop.com makes no warranties or
representations of any kind, whether expressed or implied for the service it is
providing. ProfileSnoop.com also disclaims any warranty of merchant- ability or
fitness for particular purpose and will not be responsible for any damages that
may be suffered by the Customer, including loss of data resulting from delays,
non-deliveries or service interruptions by any cause or errors or omissions of
the Customer. Use of any information obtained by way of ProfileSnoop.com is at
the Customer's own risk, and ProfileSnoop.com specifically denies any
responsibility for the accuracy or quality of information obtained through its
services. Connection speed represents the speed of a connection to and do not
represent guarantees of available end to end bandwidth. ProfileSnoop.com
expressly limits its damages to the Customer for any non-accessibility time or
other down time to the pro-rata monthly charge during the system unavailability.
ProfileSnoop.com specifically denies any responsibilities for any damages
arising as a consequence of such unavailability. In the event that this material
is not "Server-ready", ProfileSnoop.com may, at its option and at any time,
reject this material, including but not limited to after it has been put on
ProfileSnoop.com Server. ProfileSnoop.com agrees to notify Customer immediately
of its refusal of the material and afford Customer the opportunity to amend or
modify the material to satisfy the needs and/or requirements of ProfileSnoop.com.
If the Customer fails to modify the material, as directed by ProfileSnoop.com ,
within a reasonable period of time, which shall be determined between the
parties themselves, the Agreement shall be deemed to be terminated.
Trademarks & Copyrights:
1. Customer warrants that it has the right to use the applicable trademarks, if
any.
Hardware, Equipment & Software:
1. The customer is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access
ProfileSnoop.com . ProfileSnoop.com makes no representations, warranties or
assurances that the Customer's equipment will be compatible with the
ProfileSnoop.com service.
Age:
1. The Customer certifies that he or she is at least 13 years of age.
Internet Etiquette:
Users of these forums should be considerate of the expectations and
sensitivities of others on the network when posting material for electronic
distribution. The network resources of ProfileSnoop.com may not be used to
impersonate another person or misrepresent authorization to act on behalf of
others or ProfileSnoop.com . All messages transmitted via ProfileSnoop.com
should correctly identify the sender; users may not alter the attribution of
origin in electronic mail messages or posting. Users must not attempt to
undermine the security or integrity of computing systems or networks and must
not attempt to gain unauthorized access.
Limited Liability:
1. Customer expressly agrees that use of ProfileSnoop.com's Server is at
Customer's sole risk. Neither ProfileSnoop.com , its employees, affiliates,
agents, third party information providers, merchants licensers or the like,
warrant that ProfileSnoop.com's Server service will not be interrupted or error
free; nor do they make any warranty as to the results that may be obtained from
the use of the Server service or as to the accuracy, reliability or content of
any information service or merchandise contained in or provided through the
ProfileSnoop.com Server service, unless otherwise expressly stated in this
Agreement.
2. Under no circumstances, including negligence, shall ProfileSnoop.com , its
offices, agents or any one else involved in creating, producing or distributing
ProfileSnoop.com's Server service be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of or
inability to use the ProfileSnoop.com Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects, delays
in operation, or transmission or any failure of performance, whether or not
limited to acts of God, communication failure, theft, destruction or
unauthorized access to ProfileSnoop.com 's records, programs or services.
Customer hereby acknowledges that this paragraph shall apply to all content on
ProfileSnoop.com 's Server service.
3. Notwithstanding the above, Customer's exclusive remedies for all damages,
losses and causes of actions whether in contract, tort including negligence or
otherwise.
Lawful Purpose:
Customer may only use ProfileSnoop.com's Server for lawful purpose. Trans-
mission of any material in violation of any Federal, State or Local regulation
is prohibited. This includes, but is not limited to copyrighted material,
material legally judged to be threatening or obscene, pornographic, profane, or
material protected by trade secrets. This also includes links or any connection
to such materials.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold ProfileSnoop.com
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted against
ProfileSnoop.com, its agents, its customers, servants officers and employees,
that may arise or result from any service provided or performed or agreed to be
performed or any product sold by Customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless ProfileSnoop.com against
Liabilities arising out of (i) any injury to person or property caused by any
products sold or otherwise distributed in connection with ProfileSnoop.com 's
Server; (ii) any material supplied by Customer infringing or allegedly
infringing on the proprietary rights of a third party; (iii) copyright
infringement and (iv) any defective product which Customer sold on
ProfileSnoop.com Server.
Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts.
Transfer:
Customer may not transfer this agreement without the written consent of
ProfileSnoop.com.
Content:
All services provided by ProfileSnoop.com may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in
violation of any United States Federal, State or City law is prohibited. This
includes, but is not limited to: copyrighted material, material we judge to be
threatening or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless ProfileSnoop.com from any
claims resulting from the use of the service which damages the subscriber or any
other party.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of
ProfileSnoop.com is strictly prohibited.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole
discretion.
All Sub-Networks of ProfileSnoop.com must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account
deactivation.
This Agreement constitutes the entire understanding of the parties. Any changes
or modifications to this Contract thereto are agreed to by the both parties.
This Agreement shall be governed and construed in accordance with the laws of
the United States of America.
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