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Please read the following terms and conditions of use which apply to services offered by Thruport, including (list services). By use of this web site you acknowledge that you are eligible for our service and that you have read, understood, and agree with these Terms of Service.

Thruport may amend these Terms of Service at any time. You are responsible for visiting this page to determine the current Terms of Service to which you are bound. By continuing to use the service, you are agreeing to the current terms, without modifications or conditions. If you cannot agree to the current Terms of Service, you should cease using the service and cancel your account.

YOUR ACCOUNT, PASSWORD, AND SECURITY
Thruport's services are offered only to individuals at least 18 years old and minors who have permission from a responsible parent or guardian to open or use an account. You must provide complete and accurate contact and billing information on the Registration Form. You will select your own confidential password and screen name when prompted by the Registration Form.

You are responsible for any and all activity conducted under your password and account, and for maintaining the confidentiality and security of your password. You may change your password at any time, and should always do so if you suspect the unauthorized use of your account or access to your password. You agree to contact and inform Thruport immediately of any breach of security of your password and account.

RULES OF CONDUCT
In using this service, you agree to abide by the following Rules of Conduct. You specifically warrant that you will not use this service for any unlawful purpose or in any way that violates any application local, state, national or international law, or these terms and conditions of service.

In using this service, you agree and specifically warrant that you will not upload, download, transmit or otherwise facilitate the distribution of messages or content that:

  is defamatory, abusive, harassing, libelous, vulgar, obscene, indecent, threatening, tortious, unlawful, harmful or invasive of another's privacy, or harmful to or exploitive of minors;
  contains software viruses or any other computer code, files or programs designed to interrupt, harm, destroy or limit the functionality of any computer data files, software, hardware or telecommunications equipment;
  infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party;
  you do not have a right, under any law or contractual or fiduciary relationship, to transmit (including, for example, insider information and proprietary and confidential information learned or disclosed in an employment relationship or subject to non-disclosure agreements); or that
  violates any applicable law or regulation pertaining to the transmission or export of technical data or software from the United States.

In using this service, you agree and warrant that you will not

  impersonate any person or entity, including but not limited to Thruport officials or employees, or forge or alter identifiers in order to disguise the origin of any material or content transmitted through the service;
  disrupt or attempt to disrupt the service or interfere with any member's ability to use the service; or
  use the service in connection with unsolicited or unauthorized advertising or commercial messages, surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or unsolicited messages.

INDEMNIFICATION
You agree that you are solely responsible for the activity that occurs under your account, including the content of your transmissions. You agree to indemnify and hold Thruport and its parent company, and any affiliates, subsidiaries, officers and employees, its partners and co-branders harmless from any claim, including attorneys fees, demand, damages or judgment, arising out of your conduct and use of this service.

PRACTICES REGARDING USE AND STORAGE, MODIFICATIONS TO SERVICE
You agree that Thruport may in its sole discretion establish and modify general practices and limits concerning use of the service, including without limitation the maximum number of days that messages will be retained by the service, the maximum number of messages that may be sent or received by an individual account, the maximum size of any message that may be sent or received, and the maximum disk space allotted to an individual account. You acknowledge that Thruport has no responsibility or liability for the deletion or failure to store messages or other communications sent through the service. Thruport reserves the right at any time to modify or discontinue, temporarily or permanently, the service or any aspect of the service, with or without notice, and shall not be liable to you or any third party for such modification or discontinuance of the service or the consequences thereof.

DISCLAIMERS OF WARRANTIES
Opinions, advice, statements, offers, or other information or content made available on or through our Web Site by advertisers or third parties are those of their respective authors, who are solely responsible for such content, goods and services. We do not guarantee the accuracy, completeness, or reliability of any such information, and do not adopt or endorse, nor are we responsible for, any goods or services offered by our advertisers or other third parties.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK; THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE;" THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS AT YOUR OWN DISCRETION AND RISK; AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

THRUPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES AVAILABLE ON OR THROUGH THIS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR OTHERWISE RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

LIMITATION OF LIABILITY
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

THRUPORT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM

(i) THE USE OF OR THE INABILITY TO USE OUR SERVICES;

(ii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OUR SERVICES;

(iii) LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY;

(vi) ANY OTHER MATTER RELATING TO THE SERVICE;

OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES.

IF YOU ARE DISSATISFIED WITH THE SERVICE IN ANY WAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TERMINATION
You agree that Thruport, in its sole discretion, with or without notice may terminate your password or account, and remove or discard any content within the service for any reason, including, without limitation, for lack of use or if Thruport reasonably believes you have violated the letter or spirit of the Terms of Service. Thruport may, at any time, in its sole discretion, discontinue providing the service or any portion thereof, with or without notice. You also agree that Thruport may deactivate or delete your account and any related information and files in your account, and/or bar further access to such files or the service, and further agree that Thruport shall not be liable to you or any third party for such termination of access to the service.

PROPRIETARY RIGHTS
You acknowledge and agree that the service and any necessary software used in connection with the service, as well as any content provided through the service by Thruport's sponsors, contain proprietary and confidential content and information that is protected by state and federal laws. Except as expressly authorized by Thruport or its advertisers or sponsors, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the service or software or other proprietary content or information.

Thruport hereby grants you a personal, non-transferable and non-exclusive right and license to use its service and any necessary software on a single computer, provided that you do not copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software, and provided that you do not allow any third party to do so. You agree not to modify the software in any manner, including modifications to permit unauthorized access to the service. You further agree not to access the service by any means other than through the interface that is provided by Thruport.

TRADEMARKS AND COPYRIGHTS
You agree not to use or display Thruport's trademarks in any manner, without Thruport's prior permission.

Your intellectual property rights are important to us, as well. We have appointed a Copyright Agent to receive notice of claims of copyright violations that may be occurring through use of Thruport's service. If you have reasonable grounds to believe that your work has been copied in a manner that constitutes copyright infringement, please notify us and provide the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work claimed to be infringed;
  3. identification of the allegedly infringing material, including information sufficient for us to locate it on our site;
  4. your contact information, including your address, telephone number and e-mail address;
  5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
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