Terms of Service
AcceptanceFrom time to time We publish Terms of Service ("TOS") for the various services We provide. As a condition of Your use of a service, You are required to abide by the then current TOS for that service. If You do not do so, then We have the right at our sole discretion to suspend or terminate your account without notice or refund, to make an additional charge for the misuse, or to block access to the relevant part of the service.
Registration InformationIn consideration of your use of the Service, you agree to:
PasswordYou will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
ConductYou understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Clarke Computer, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Clarke Computer does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Clarke Computer be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
You acknowledge and agree that Clarke Computer may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your Content, may involve
IndemnityYou agree to indemnify and hold Clarke Computer, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
TerminationYou agree that Clarke Computer, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Clarke Computer believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Clarke Computer may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Clarke Computer may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Clarke Computer shall not be liable to you or any third-party for any termination of your access to the Service.
LinksThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Clarke Computer has no control over such sites and resources, you acknowledge and agree that Clarke Computer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Clarke Computer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Proprietary RightsYou acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Clarke Computer or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You agree not to access the Service by any means other than through the interface that is provided by Clarke Computer for use in accessing the Service.
Scans/logsWe may, at our discretion, run manual or automatic systems to determine Your compliance with our AUPs (e.g. scanning for "open mail relays"). You are deemed to have granted permission for this limited intrusion onto Your network or machine and the information gathered therefrom.
UBEYou may not use your account to send Unsolicited Bulk Email(AKA spam). You must have explicit permission from all destination addresses before you send an email in any quantity.
You may not assume that you have been granted permission by passive actions such as the posting of an article to Usenet or a visit made to Your web site.
Where You have acquired explicit permission, either on a web site or through some other relationship You should keep a record of this permission and must cease sending email when requested to stop.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT CLARKE COMPUTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLARKE COMPUTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and LimitationsSOME 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 OF SECTIONS MAY NOT APPLY TO YOU.
NoticeNotices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
CopyrightsClarke Computer respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Clarke Computer's Copyright Agent the following information:
By mail: Charles Clarke Copyright Agent c/o Clarke Computer Company 1401 Lindenwood Drive Fort Collins, CO 80524-2231 By phone: (970) 482-6785 By email: firstname.lastname@example.org
General InformationThe TOS constitute the entire agreement between you and Clarke Computer and govern your use of the Service, superceding any prior agreements between you and Clarke Computer. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Clarke Computer shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Clarke Computer agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Larimer, Colorado. The failure of Clarke Computer to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
ViolationsPlease report any violations of the TOS to us.
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Please send any questions or comments to:
Phone: (970) 482-6785.
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