OffspringNet Services
and OffspringNet Site Terms and Conditions
USING ANY OF THE OffspringNet
SERVICES (INCLUDING, WITHOUT LIMITATION, THE OffspringNet INTERNET
ACCESS SERVICES, SOFTWARE OR SERVICES DISTRIBUTED OR MADE AVAILABLE
BY OffspringNet, EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY OF
THE WEB SITES MANAGED OR OWNED BY OffspringNet (COLLECTIVELY, THE
"OffspringNet SERVICE OR SERVICES")), YOU AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS, THE ACCEPTABLE USE GUIDELINES FOR THE OffspringNet
SERVICE, THE OffspringNet SOFTWARE LICENSE AGREEMENT AND THE OffspringNet
PRIVACY STATEMENT WHICH ARE REFERRED TO COLLECTIVELY AS THE "RULES.".
IF YOU DO NOT AGREE TO BE BOUND BY THE RULES, YOU SHOULD DISCONTINUE
REGISTRATION, OR YOUR USE OF, THE OffspringNet SERVICES AND DESTROY
ALL COPIES OF THE OffspringNet SOFTWARE. YOUR OffspringNet ACCOUNT
WILL NOT BE ACTIVATED OR YOUR SERVICE WILL BE TERMINATED.
The most current version of the Rules may be found at http://www.OffspringNet.net/
(the "OffspringNet Site"). Please review the Rules at the OffspringNet
Site prior to accessing the OffspringNet Services since the Rules
may have changed since the date of production of this software. OffspringNet
may change the Rules and the scope of the OffspringNet Services, in
whole or in part, at any time. Posting of the updated Rules at the
OffspringNet Site will constitute notice to you of any such changes,
although OffspringNet may choose other types of notice for certain
changes. Changes will be effective upon notice, although OffspringNet
will use reasonable efforts to provide you with thirty days advance
notice of material changes that adversely impact you. Your continued
use of the OffspringNet Services following notice constitutes your
acceptance of all changes, and each use of the OffspringNet Services
constitutes your reaffirmation of your acceptance of the Rules. If
you do not agree to changes to the Rules or the scope of the OffspringNet
Services, your sole and exclusive remedy will be to terminate your
use of OffspringNet Services, although if you have a prepaid account
you will not have the right to terminate your use of the OffspringNet
Services unless the change is material and adverse to you.
1.0 General
The Rules are your entire agreement with OffspringNet and govern your
use of the OffspringNet Services. OffspringNet reserves the right
to prohibit any conduct or to remove any materials or content in violation
of the Rules or which OffspringNet believes in its sole discretion
to be illegal or potentially harmful to others or may expose OffspringNet
to harm or liability. OffspringNet may suspend or terminate your use
of OffspringNet Services for any reason at any time, including if
it determines that you have failed to comply with any of the Rules.
OffspringNet reserves the right to take or terminate the use of any
user name or email address at any time.
OffspringNet Services. OffspringNet offers a variety of services,
including Internet access services. OffspringNet retains the right
at its discretion to make changes to the OffspringNet Services, including
its fees and billing methods and the amount of time a user may access
the Internet for free or for a specified fee, or to discontinue some
or all of the OffspringNet Services. OffspringNet retains the right
to change, suspend or terminate your use of the OffspringNet Service
at any time for any reason, without notice, and nothing herein shall
be construed to limit that right. If you have elected a prepaid, extended
service agreement with OffspringNet, you may have rights to a refund
as outlined in the Rules.
- Collection and Use of Personal Information. OffspringNet
will collect, store, compile and utilize information about you,
your computer, your phone number and your use of the OffspringNet
Services including, without limitation, information regarding
the Web sites you visit and information that you provide in response
to OffspringNet questionnaires, surveys and registration forms.
OffspringNet may provide this information to third parties including
advertisers, clients, marketing organizations and others. However,
OffspringNet will not disclose your name, address, telephone number,
credit card number(s), e-mail addresses or other personal identifying
information to third parties other than those acting on behalf
of OffspringNet, unless you give OffspringNet consent to do so
or except as may be required by law. Please refer to the Privacy
Statement for the OffspringNet privacy policies and information
practices.
2.0 Your Obligations
- Completion of OffspringNet Questionnaires, Surveys and Registration
Forms. In exchange for OffspringNet providing the OffspringNet
Services, you agree to provide OffspringNet with accurate and
complete information it may request, from time to time, through
questionnaires, surveys and registration forms.
- Charges and Billing. By using the OffspringNet Services,
you agree to accept the fees you may incur as a result of using
OffspringNet Services, including but not limited to, fees for
supplemental services or features and purchases made through the
use of OffspringNet Services. You will be notified of any applicable
fees prior to incurring liability for such fees and, by providing
your billing information, you agree that you are liable for payment
of such fees. OffspringNet reserves the right to change its fees
or billing methods at any time and OffspringNet will provide thirty
days notice of any such changes in the same manner as described
above for changes in the Rules and/or scope of OffspringNet Services.
If you do not like these changes, you may stop using the OffspringNet
Services at any time; however, you will not be entitled to receive
a refund for the charges you have already incurred and you are
responsible for timely payment of such amounts (including any
applicable late fees). In the event you have prepaid for an extended
period of time and we either terminate your OffspringNet Service
or we make a material change to the OffspringNet Service that
adversely impacts you and elect to terminate the OffspringNet
Service, as your sole and exclusive remedy you will be entitled
to a refund for amounts prepaid to cover future periods from the
date of termination. The amount prepaid will be based on the average
monthly cost over the service period. If you pay for our services
on a monthly basis, you will not be entitled to a refund if you
elect to terminate your account, although OffspringNet will provide
you with a pro rata refund for the remainder of the month if OffspringNet
terminates your account.
For most services for which there is a fee, OffspringNet will
charge your designated credit card each time you enter your credit
card number to pay for the service, unless you have authorized
recurring payments to be charged to your credit card. If you select
a recurring payment or automatic billing option for any of the
OffspringNet fees, you hereby authorize OffspringNet to charge
the credit card number you provided to OffspringNet for such fees
on a recurring or automatic basis. You acknowledge and agree that
OffspringNet will not obtain any additional authorization from
you for this recurring payment. Every time you use OffspringNet
Services, you re-affirm that OffspringNet is authorized to charge
your credit card. If you have any billing-related questions or
want to stop a recurring payment from being charged to your credit
card account, call our toll-free billing support number (1-866-841-1442).
Some fees that you may incur using the OffspringNet Services may
accumulate on your OffspringNet account before they are charged
to your credit card. Once the charges appear on your credit card,
you are responsible for payment of such charges. OffspringNet
will assess a late fee of 1.5% per month (or the highest amount
permissible by law, whichever is less) if your payment is more
than 30 days past due. You will be liable for any fees OffspringNet
incurs in its efforts to collect any unpaid balances from you.
Any billing problems or discrepancies must be brought to OffspringNet's
attention by you within 90 days from the date you are billed.
If you do not bring them to OffspringNet's attention within 90
days, you agree that you waive your right to dispute such problems
or discrepancies with OffspringNet. OffspringNet may suspend or
terminate your use of the OffspringNet Services if you fail to
provide a valid credit card number upon request or if OffspringNet
is unable for any reason to bill your credit card for the fees
you have incurred.
You are responsible for all charges incurred, including applicable
taxes and purchases made by you or anyone you allow to use your
account, including your children and other members of your family.
This means that, unless your account or credit card information
is obtained unlawfully or fraudulently by someone other that those
authorized to use your account, you will be responsible for all
usage and purchases under your account.
YOU ARE RESPONSIBLE FOR ALL LOCAL AND/OR LONG DISTANCE TELEPHONE
CHARGES INCURRED IN CONNECTION WITH YOUR USE OF OffspringNet SERVICES.
YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY OffspringNet AND
BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE TO OffspringNet'S
CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE
PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU
USE TO ACCESS THE OffspringNet SERVICES ARE PROVIDED AT NO CHARGE
BY YOUR TELEPHONE SERVICE PROVIDER.
You may obtain pricing information for supplemental services or
features, as well as answers to common billing questions by going
to the OffspringNet Site.
- Minors. If you are less than 18 years old but older than
12 years old, you should obtain your parent's permission to use
the OffspringNet Services. You may not obtain an account for OffspringNet's
pay services unless you are at least 18 years old, and you represent
that you are at least 18 years old by signing up for such services.
If you are less than 13 years old, you are not allowed to use
the OffspringNet Service without providing OffspringNet with your
parent's consent in the form required by OffspringNet. Parents
may read further information and obtain the Parental Consent Form
by going to our Privacy Statement section entitled "Special Notice
to Parents About Children Under Age 13." If you are a parent permitting
a minor to use OffspringNet Services, you agree to (i) exercise
supervision over the minor's use of OffspringNet Services and
access to the Internet, (ii) assume all risks associated with
the minor's viewing of content received through use of OffspringNet
Services and the minor's transmission of materials, content, or
information to another person via the Internet, (iii) assume any
and all liabilities resulting from the minor's use of OffspringNet
Services, including any and all payment obligations, and (iv)
ensure to the fullest extent possible the accuracy and truthfulness
of all information submitted by the minor in response to OffspringNet
questionnaires, surveys and Registration Forms. OffspringNet provides
information on the OffspringNet Site regarding parental control
software available through various third party vendors, but you
should know that such software is not completely effective in
preventing minors' access to material that is unsuitable for children.
OffspringNet does not endorse any of these third parties and makes
no representation as to them or their software.
- Registration Information. You must register for OffspringNet
Services using your own name. During registration, you will be
asked to provide the name or number you wish to use as your login
identification. If the login identification you request is not
available you will be asked to supply another login identification.
OffspringNet reserves the right to verify the accuracy of the
information you submit in connection with your registration for
OffspringNet Services (including, without limitation, performing
cross tabulations with external databases) and you hereby consent
to OffspringNet's verification of such information.
- Bypassing or Disabling Any Portion of the OffspringNet Services
or Software. If you bypass or disable any portion of the OffspringNet
Services or software, including, without limitation, the blocking
of cookies, or blocking the operation of the ZeroPort, or you
attempt to circumvent OffspringNet's billing of you in any way,
you are in violation of these Terms and Conditions and we may
suspend or terminate your use of OffspringNet Services without
notice. Termination of your OffspringNet Services will not excuse
you from any criminal or other civil liabilities that may result
from your actions. If your OffspringNet Service is terminated
for any reason you will be unable to access your OffspringNet
account, including any undelivered email messages in your OffspringNet
email account.
- Accessing OffspringNet Services. You are responsible
for obtaining and maintaining, at your own expense, all input/output
devices or equipment (such as modems, terminal equipment, computer
equipment and software) and communications services (including,
without limitation, long distance or local telephone services)
necessary to access the OffspringNet Services and for ensuring
such equipment and services are compatible with OffspringNet's
requirements.
- Use of your OffspringNet Account. You are responsible
for all use of your OffspringNet Services and for the security
of your login identification, your password and any security lock
code that you use to protect access to your data, OffspringNet
personal profile, your file name(s) and files, network and user
access, and any information you disseminate through use of OffspringNet
Services or through other Internet services. You may not transfer
or permit any other person to use your OffspringNet account. You
may not use more than one login session at a time, even if you
maintain more than one OffspringNet account.
- No Resale of OffspringNet Services and OffspringNet Site.
The OffspringNet Services are for personal use of registered users
only and may not be copied, resold, leased, transferred, exchanged
or bartered. If you accessed the OffspringNet Services through
a CD-ROM disc or diskette, you may give the disc or diskette to
friends and family, but you may not sell it or copy it.
- Transmission and Receipt of Content. OffspringNet exercises
no control over the content of information passing through its
network or equipment. Disputes may arise between you and others
or between you and OffspringNet related to such content or commerce.
Such disputes could involve, among other things, the use or misuse
of domain names; the infringement of copyrights, trademarks or
other rights in intellectual property; defamation; fraud; the
use or misuse of information; and problems with online auction
or commerce transactions. You agree that all claims, disputes
or wrongdoing which result from, or which are related in any way
to, the content of information that you transmit, re-transmit
or receive through OffspringNet's network or equipment are your
sole and exclusive responsibility.
- Email. You may not incorporate a third party's trademark
within your OffspringNet email address without permission of the
trademark owner. Files attached to email messages may not exceed
3 megabytes and OffspringNet shall have no obligation to transmit
files exceeding 3 megabytes attached to email messages transmitted
to or from your account. Your mailbox account storage may not
exceed 5 megabytes and OffspringNet shall have no obligation to
allow your account to exceed 5 megabytes. Once your mailbox account
storage reaches 5 megabytes you will not receive any additional
email messages and OffspringNet may, without notice, terminate
your OffspringNet email service and delete any or all email stored
in your mailbox account. If your OffspringNet Services or OffspringNet
email service is terminated you will be unable to access any email
messages in your OffspringNet email account.
OffspringNet may, from time to time, place a message and or a
hypertext link geared to promoting the benefits of OffspringNet
Services or a third party sponsor in the footer location of outgoing
email messages transmitted from your account. You agree to permit
OffspringNet to include such messages or links in email messages
you transmit and agree not to alter, obscure or remove such messages
or links.
- Software Downloads. As part of the OffspringNet Service,
OffspringNet may from time to time download software owned by
OffspringNet or third parties to your computer. Your use of the
OffspringNet Service constitutes your consent to such downloads.
- Links to Third Party Sites. The OffspringNet Service
contains links to other sites on the Internet that are owned and
operated by third parties. In some instances these sites are co-branded
and the third parties are entitled to use OffspringNet's name
and logo on these sites. OffspringNet does not control the information,
products, or services on these third party sites. The inclusion
of any link does not imply endorsement by OffspringNet of the
site or any association with their operators. Because OffspringNet
has no control over such sites and resources, you agree that OffspringNet
is not responsible or liable for the availability or the operation
of such external sites, for any material located on or available
from any such sites, or for the protection of your privacy data
by third parties. Any dealings with or participation in promotions
of advertisers on our service, including the payment and delivery
of related goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings or
promotions, are solely between you and the advertiser or other
third party. You further agree that OffspringNet shall not be
responsible or liable, directly or indirectly, for any loss or
damage caused by the use of or reliance on any such material available
on or through any such site or any such dealings or promotions.
- Indemnification of OffspringNet. YOU AGREE TO DEFEND,
INDEMNIFY AND HOLD OffspringNet AND ITS SPONSORS, PARTNERS OR
OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS)
(COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH
OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF OffspringNet
SERVICES THROUGH THE OffspringNet ACCOUNT ASSIGNED TO YOU, EXCEPT
TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM OffspringNet'S
OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL
SURVIVE ANY TERMINATION OF OffspringNet SERVICES PROVIDED TO YOU.
3.0 Termination and Cancellation
Either you or OffspringNet may terminate or cancel your account at
any time. Except as specified herein, you will not be entitled to
a refund for any prepaid amounts. Other than to receive a return of
refundable prepayments, cancellation is your sole remedy with respect
to any dispute with OffspringNet. This includes, but is not limited
to, any dispute regarding the OffspringNet Services, the Rules and
the enforcement or interpretation of the Rules, OffspringNet's policies
and practices including our privacy policy, your ability to access
the OffspringNet Services, the content available on the OffspringNet
Services, and any matters relating to billing. You can cancel your
OffspringNet Services by following the instructions on the OffspringNet
Site. The Terms and Conditions on the OffspringNet Site will contain
a current phone number to cancel your billing service.
4.0 Warranty Disclaimers
YOU ACKNOWLEDGE THAT OffspringNet SERVICES ARE PROVIDED "AS IS, AS
AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY
OF THE OffspringNet SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY
OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF OffspringNet
SERVICES OR THAT OffspringNet SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
OffspringNet DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT
AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE,
FITNESS FOR A PARTICULAR PURPOSE , MERCHANTABILITY OF COMPUTER PROGRAMS
AND INFORMATIONAL CONTENT. OffspringNet DOES NOT GUARANTEE THAT USERS
WILL BE ABLE TO ACCESS OR USE THE OffspringNet SERVICES AT TIMES OR
LOCATIONS OF THEIR CHOOSING, OR THAT OffspringNet WILL SERVICE OR
HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA.
5.0 Limitation of OffspringNet's Liability
IN NO EVENT SHALL OffspringNet BE LIABLE UNDER ANY SECTION OF THESE
TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND
OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT OffspringNet
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. OffspringNet
SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS,
SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL OffspringNet'S LIABILITY
TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY
PAID IN CASH BY YOU TO OffspringNet. NO ACTION, REGARDLESS OF FORM,
ARISING OUT OF THESE RULES OR OUT OF THE OffspringNet SERVICES MAY
BE BROUGHT BY YOU OR OffspringNet MORE THAN ONE (1) YEAR AFTER THE
EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions
do not allow a limitation on liability for negligence that causes
death or personal injury and, in such jurisdictions, OffspringNet's
liability shall be limited to the greatest extent permitted by law.
6.0 Policy to Terminate Use of Services for Copyright Infringement
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital
Millennium Copyright Act, OffspringNet will terminate the account
of any subscriber who uses his or her account privileges to unlawfully
transmit copyrighted material without a license, valid defense or
fair use privilege to do so. After proper notification by the copyright
holder or its agent to OffspringNet and later confirmation through
court order or an admission by the subscriber that an account has
been an instrument of unlawful infringement, OffspringNet will terminate
the infringing subscriber's account. OffspringNet may also in its
sole discretion decide to terminate a subscriber's account privileges
prior to that time if it has good faith belief that infringement has
occurred. In addition, pursuant to 17 U.S.C. § 512(c), OffspringNet
has implemented procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the
Act. OffspringNet respects the intellectual property of others, and
we ask our subscribers to do the same.
If you believe that your copyright has been infringed through the
use of a OffspringNet account, please contact Anthony DeToro, Esq.
via mail at:
Anthony DeToro, Esq. - OffspringNet, Inc. 2555 Townsgate Road, Westlake
Village, CA 91361
7.0 OffspringNet Shopping Mall Accounts
- Your Account. You may create a no-minimum balance OffspringNet
Shopping Mall Account ("Account") at no charge using your personal
e-mail address. You may add money to your Account by sending a
check or money order to OffspringNet or RocketCash as indicated
in the OffspringNet Shopping Mall, by using a credit card, or
by purchasing appropriate OffspringNet gift certificates. Money
may also be added to an Account through your participation in
special promotional offers. Any money added to your Account by
OffspringNet as a result of your participation in a OffspringNet
promotional offer may be subject to an expiration date as defined
in the promotional offer and will be removed by OffspringNet from
your Account if such money is not used prior to the expiration
date. OffspringNet gift certificates also may be subject to an
expiration date as defined on the individual certificate and will
not be redeemable in cash or its cash value after the expiration
date. California, Hawaii, Massachusetts, and New Hampshire residents
are exempt from any expiration date noted on OffspringNet gift
certificates purchased with a check, money order or credit card.
- Service Fee. A service fee may be charged to your Account
if such Account remains inactive for a period of 365 days or more.
- RocketCash. RocketCash is a wholly-owned subsidiary of
OffspringNet, Inc. Your OffspringNet Shopping Mall Account is
powered by RocketCash and is separate and unique from any RocketCash
Accounts you may have. RocketCash Accounts may not be combined
with OffspringNet Shopping Mall Accounts.
8.0 Miscellaneous
- Liability Limitation. OffspringNet shall not be liable
for nonperformance or delay in performance caused by any reason,
whether within or outside of its control.
- Entire Agreement. These Rules (as may be modified by
updated Rules on the OffspringNet Site) together constitute the
sole agreement between OffspringNet and you respecting the subject
matter hereof and fully supersede any and all other agreements,
either oral or in writing. You acknowledge and agree that you
have read the Rules and understand and accept their terms.
- Legal Actions. These Rules will be governed by and construed
in accordance with the laws of the State of California, excluding
its conflict of laws principles. The exclusive personal jurisdiction
of and venue for all disputes arising out of these Rules shall
be the state and federal courts located in Los Angeles, California,
USA and you consent to such exclusive jurisdiction and waive all
objections to such jurisdiction and venue.
- Severability. If any provision of these Rules is held
to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to comply with applicable laws, and
the remainder shall remain in full force and effect.
- No Waiver. Any failure of OffspringNet to enforce any
provision of these Rules shall not constitute a waiver of any
rights under such provision or any other provision of these Rules.
9.0 How to Contact Us
A list of ways to contact OffspringNet is available at http://www.OffspringNet.net/support/support.html.
© Copyright
1998-2001 OffspringNet, Inc.
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