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TERMS OF SERVICE
Copyright 1998, 1999,
FAXProducts.com All rights reserved.
1. Services and Conditions of Use
Welcome to FAXMarket.net! As part of our service,
FAXMarket.net agrees to provide you with information
libraries, bulletin boards and other computer
services that FAXMarket.net may decide to offer,
subject to the terms of this Agreement. Upon notice
published through FAXMarket.net, FAXMarket.net may
modify this Agreement at any time. You agree and
continue to agree to use FAXMarket.net Services in a
manner consistent with all applicable laws and
regulations and in accordance with the terms and
conditions set out in the policies and guidelines
outlined below. Please note that you will be
referred to as "Customer" from time to time in this
Agreement.
2. Rules For Online Conduct For FAXMarket.net
By using FAXMarket.net, you agree that you will not
post any of the following material in FAXMarket.net
chat rooms, bulletin boards, or other forums
("postings"):
- Material that defames abuses or threatens others.
- Statements that are bigoted, hateful or racially
offensive.
- Material that advocates illegal activity or
discusses illegal activities with the intent to
commit them.
- Unauthorized copyrighted material.
- Material that contains vulgar, obscene or indecent
language or images.
- Advertising or any form of commercial
solicitation.
- Material that does not pertain to the room or
bulletin board's given topic.
- Statements or postings that violate the above
terms will be deleted from postings upon discovery.
- --
- Depending on the nature of the violation,
FAXMarket.net at its sole discretion may terminate –
- Customer's account.
3. Software Libraries and Copyrighted Materials
Only public domain software or graphics files or
files where the owner has given express permission
for online distribution may be posted to bulletin
boards on FAXMarket.net . The posting of any other
type of file and the posting of links to any other
type of file is strictly forbidden. The following
types of files are examples of strictly forbidden
postings:
Unauthorized copies of copyrighted photographs,
drawings, graphics, text or other writings, computer
programs or other software, recordings or designs;
files containing advertisements or solicitations
aimed at persuading other members to use certain
goods or services, material of a sexually explicitly
nature, including photographs and text.
Copyrighted material, including without limitation
text, photographs, sound, video and music, may not
be placed on FAXMarket.net without the express
permission of the author or owner of the copyright
on the material. Customer acknowledges that only the
owner or someone authorized by the owner to post the
material may do so. The downloading of copyrighted
material is allowed by Customers only for Customers'
own use. Customers may not copy, reproduce,
retransmit, distribute, publish, commercially
exploit or otherwise transfer any copyrighted
material. The burden of determining that any
information, software or any other content on
FAXMarket.net is not protected by copyright rests
with the Customer. Customer acknowledges that
FAXMarket.net and/or third-party content providers
remain the owners of the posted materials, and that
Customer does not acquire any of those ownership
rights by downloading copyrighted materials.
4. Harassment
FAXMarket.net reserves the right to take action
against any Customer who is defaming, harassing or
otherwise offending another Customer through
FAXMarket.net, if it comes to FAXMarket.net's
attention that this type of abuse is occurring, as
is more fully set forth in Section 2 containing the
Rules for Online Conduct.
5. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY
AT CUSTOMER'S OWN RISK. FAXMarket.net SERVICES ARE
PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH
OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT
LIMITATION THE RESULTS OBTAINED THROUGH THE SERVICE.
SPECIFICALLY, FAXMarket.net DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR
CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2)
ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT
FAXMarket.net IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER FAXMarket.net NOR ANY OF ITS AGENTS,
AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THE
SERVICE.
6. Trademarks
All trademarks appearing on FAXMarket.net are
trademarks of their respective owners.
7. Notice
FAXMarket.net may give notice to Customers by means
of a general notice on FAXMarket.net, electronic
mail to Customer's e-mail address on record in
FAXMarket.net's account information, or by written
communication sent by first class mail to a
Customer's address on record in FAXMarket.net's
account information. You may give notice to
FAXMarket.net (such notice shall be deemed given
when received by FAXMarket.net at any time by any of
the following:
- electronic mail to customer@FAXMarket.net;
- letter faxed to FAXMarket.net at the following fax
number: (603) 672-4112;
- letter delivered by first class postage prepaid
mail or courier to FAXMarket.net at the following
address:
292 Route 101
Amherst, NH 03031
8. Identification
Customer agrees to indemnify and hold FAXMarket.net
harmless from any dispute which may arise from a
breach of terms of this Agreement. Customer agrees
to hold FAXMarket.net harmless from any claims and
expenses, including reasonable attorney's fees and
court costs, related to Customer's violation of this
Agreement, including the Rules of Conduct or any
information, software or other content placed on
FAXMarket.net by Customer.
9. Termination of Service
User may terminate this Agreement and User's right
to use FAXMarket.net notifying FAXMarket.net using
the contact information provided in Section 7.
FAXMarket.net may terminate your account or access
rights to this Service at any time, without notice,
for conduct that FAXMarket.net believes violates
this Agreement or other policies or guidelines that
FAXMarket.net has posted on FAXMarket.net.
FAXMarket.net may terminate your account or access
rights to this Service for online conduct that
FAXMarket.net believes is harmful to other
Customers, to FAXMarket.net 's business, or to other
information providers.
10. Choice of Law
This Agreement shall be construed and controlled by
the laws of the State of New Hampshire. Further, the
laws of the State of New Hampshire will govern any
dispute arising from the terms of this agreement or
a breach of this Agreement. Customer agrees to
personal jurisdiction by the state and federal
courts sitting in the State of New Hampshire.
11. Merger Clause
This Agreement constitutes the entire agreement
between the parties with respect to the subject
matter contained herein and supersedes all previous
and contemporaneous agreements, proposals and
communications, written or oral between
FAXMarket.net representatives and Customer.
FAXMarket.net may amend or modify this Agreement or
impose new conditions at any time upon notice from
FAXMarket.net to Customer as published through
FAXMarket.net. Any use of FAXMarket.net by Customer
after such notice shall be deemed to constitute
acceptance by Customer of such amendments,
modifications or new conditions.
Copyright 1998, 1999, FAXMarket.net . All rights
reserved
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