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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:
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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; |
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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; |
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infringes any patent, trademark, trade
secret, copyright, right of publicity or other proprietary rights
of any party; |
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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 |
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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
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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; |
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disrupt or attempt to disrupt the service
or interfere with any member's ability to use the service; or |
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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:
- a physical or electronic signature of a person authorized to act on
behalf of the owner of the copyright;
- a description of the copyrighted work claimed to be infringed;
- identification of the allegedly infringing material, including information
sufficient for us to locate it on our site;
- your contact information, including your address, telephone number
and e-mail address;
- 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;
- 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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