AGREEMENT BETWEEN USER AND AZCAPPY NETWORK SERVICES (AZCAPPY.COM)
AZCAPPY.COM is comprised of various Web sites and services operated by AZCAPPY.COM, its affiliates or hosting customers.
AZCAPPY.COM is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of AZCAPPY.COM constitutes your agreement to all such terms, conditions, and notices. Your use of a particular AZCAPPY.COM included within the AZCAPPY.COM may also be subject to additional terms outlined elsewhere in this agreement.
Additionally, AZCAPPY.COM may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular AZCAPPY.COM site, then these terms shall control.
Modification Of These Terms Of Service:
AZCAPPY.COM reserves the right to change the terms, conditions, and notices under which the AZCAPPY.COM services are offered, including but not limited to the charges associated with the use of the AZCAPPY.COM services. You are responsible for regularly reviewing these terms and conditions.
Links To Third Party Sites:
AZCAPPY.COM sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of AZCAPPY.COM and AZCAPPY.COM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AZCAPPY.COM is not responsible for web casting or any other form of transmission received from any Linked Site. AZCAPPY.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AZCAPPY.COM of the site or any association with its operators.
Use Of Communication Services:
AZCAPPY.COM may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing or unlawful topic, name, material or information
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages
- Conduct or forward surveys, contests, pyramid schemes or chain letters
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- Restrict or inhibit any other user from using and enjoying the Communication Services
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent
- Violate any applicable laws or regulations
AZCAPPY.COM has no obligation to monitor the Communication Services. However, AZCAPPY.COM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AZCAPPY.COM reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
AZCAPPY.COM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at AZCAPPY.COMs sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AZCAPPY.COM does not control or endorse the content, messages or information found in any Communication Service and, therefore, AZCAPPY.COM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AZCAPPY.COM spokespersons, and their views do not necessarily reflect those of AZCAPPY.COM
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided To AZCAPPY.COM Or Posted At Any AZCAPPY.COM Sites:
AZCAPPY.COM does not claim ownership of the materials you provide to AZCAPPY.COM (including feedback and suggestions) or post, upload, input or submit to any AZCAPPY.COM site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AZCAPPY.COM, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. AZCAPPY.COM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at AZCAPPY.COMs sole discretion.
By posting, uploading, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Software Available On AZCAPPY.COM Sites:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AZCAPPY.COM SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AZCAPPY.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AZCAPPY.COM WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE AZCAPPY.COM WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
AZCAPPY.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE AZCAPPY.COM WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AZCAPPY.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: email@example.com
BILLING CONTACT: firstname.lastname@example.org
All contents of the AZCAPPY.COM sites and services are Copyright © 1995 - 2010 AZCAPPY Network Services and/or its suppliers, P.O. Box 1333, Glendale, Arizona, 85311-1333 U.S.A. All rights reserved.
Any Web Sites accessed through AZCAPPY.COM operating system, herein are either trademarks or registered trademarks of those respected sites or AZCAPPY.COM. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Subscription-Based Content: Some contents and/or services on AZCAPPY.COM may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to AZCAPPY.COM a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content and/or services by contacting email@example.com. If you have purchased an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter. No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription and in additional charges based on unauthorized use.
No Professional Advise:
The information appearing on AZCAPPY.COM sites and in email alerts is intended solely as general guidance, and does not constitute legal, tax, accounting or other professional advice.
AZCAPPY.COM provides the Merchants' links to you. However, each individual Merchant participating at AZCAPPY.COM is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. AZCAPPY.COM does not guarantee, warrant or endorse any product or service sold by a Merchant in AZCAPPY.COM sites, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any Merchant. The purchase of any product or service from a Merchant at AZCAPPY.COM sites is a transaction solely between you and that Merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible Merchant. AZCAPPY.COM has no responsibility or liability for any Merchant or your relationship with such Merchant.
You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the Merchant. With respect to applicable taxes, the Merchant will advise you subsequently of the exact amount of tax due on your purchase. AZCAPPY.COM has no responsibility whatsoever for any miscalculation or omission by a Merchant of applicable taxes on any sale.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use AZCAPPY.COM in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access AZCAPPY.COM.
AZCAPPY.COM reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. AZCAPPY.COM further reserves the right to alter any and all fees from time to time, without notice. It is your responsibility to check the Fee Schedule for any updated fee information each time you use the Services. A 5% or $5.00 Late Fee, which ever is greater, will be assessed monthly on past due balances. All payments must be made online using the "Pay Now" button on the invoices. We no longer accept checks. If your hosting account is suspended for non-payment, a $50 reactivation fee plus all past and present charges must be paid in full before the account will be reactivated. Accounts that remain suspended for more than 30 days will be terminated and all data deleted without further notice at AZCAPPY.COM's descretion.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
These terms shall apply to entrance and services provided to the accessing customer ("Customer") by AZCAPPY Network Services. Approval of services by any Customer shall comprise acceptance of these provisions and conformity to be bound hereby.
AZCAPPY.COM reserves the right to suspend or terminate all services to any customer with or without multiple accounts should any such account become delinquent and are not paid. Invoices and/or statements are emailed according to the billing cycle ordered. If payment is not received within twenty-one (21) days, all accounts owned by the customer will be suspended until FULL payment is received. If any account remains suspended more than 30 days, the account(s) will be terminated and all files stored in the account(s) will be deleted without further notice. AZCAPPY.COM and it's affiliates are not responsible for damages arising out of file loss. All customers are responsible for backing up their own files. Multiple accounts include but are not limited to parent, subsidiary, and affiliated corporations; individuals and partnerships; individuals and sole proprietorships; and any other entities to which there is any direct or indirect connection between the accounts.
AZCAPPY.COM reserves the right, in its sole discretion, to terminate your access to any or all AZCAPPY.COM Web Sites and the related services or any portion thereof at any time, without notice.
AZCAPPY.COM is in no manner responsible for the content or effect of any matter or information transmitted or accessed through the services, nor shall AZCAPPY.COM bear any responsibility for the accuracy, completeness, legality or effect of any such matter or information or the result of its access or use.
The Customer will be provided with or will select an identification code (username) and confidential password for Customer's exclusive use. The Customer account is intended to be a single-user account. Customer agrees to pay and be responsible for, upon receipt of each monthly statement (transmitted via e-mail), all usage of this identification code.
The Customer understands that AZCAPPY.COM is not liable if Customer's username and/or password are compromised. Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers, letters, and (optionally) certain special characters. Hence, the Customer may be held liable for any actions taken by an individual or group who have obtained/guessed the Customer's password and used it to access his account. Under no circumstances is AZCAPPY.COM liable for the actions taken by a compromised account.
The Customer understands that AZCAPPY.COM does not maintain a record of existing passwords. If the Customer forgets his/her password, the only recourse will be for AZCAPPY.COM to issue a new password upon verification of the caller's identity.
No Unlawful Or Prohibited Use:
As a condition of your use of AZCAPPY.COM, you warrant to AZCAPPY.COM that you will not use AZCAPPY.COM for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use AZCAPPY.COM in any manner, which could damage, disable, overburden, or impair AZCAPPY.COM or interfere with any other party’s use and enjoyment of AZCAPPY.COM, or any site connected with AZCAPPY.COM. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the AZCAPPY.COM.
Use of an AZCAPPY.COM account or service in an illegal manner is grounds for instantaneous termination. Said Customer(s) must agree to hold harmless and indemnify AZCAPPY.COM against any claims or charges that arise from Customer's use of AZCAPPY.COM services and/or accounts.
Use of an AZCAPPY.COM account to gain passwords, encryption codes, or other security information of AZCAPPY.COM or other sites on any computer network is grounds for instantaneous termination and, if illegal, will be reported to the proper authorities. Use of an AZCAPPY.COM account to break into AZCAPPY.COM or other site(s) computers or servers is also grounds for instantaneous termination and will be reported with logs to the affected site(s) and the proper authorities.
All services provided to the Customer(s) by AZCAPPY.COM may only be used for lawful purposes. Transmission or storage of any information, data, or material in violation of any US Federal or state regulation or law is prohibited. This includes, but is not limited to material protected by copyright, trade secret, or any other statutes, threatening material or obscene material. The Customer(s) agrees to indemnify and hold harmless AZCAPPY.COM from any claims resulting from the subscriber's use of the service, which damages either the Customer(s)or another party or parties.
Any user/client directly or indirectly responsible for spam sent through their account resulting in us getting added to third-party blacklists such as but not limited to spamhaus, spamcop or spamcow will have their account suspended and will be charged a fee of $150 for the work required to get us removed. The account will remained suspended until the fee is paid. To prevent your account from being used by unauthorized persons to send spam e-mail through your account, make sure your web site software is kept current with security patches or updates provided by the vendor. You are responsible for what passes through your account.
Information transmitted over the Internet and/or other computer networks is generally not considered to be secure. While AZCAPPY.COM respects the privacy of our customers, the Customer understands that there is no guaranteed privacy on the Internet and that AZCAPPY.COM can not be liable or responsible for any viewing or interception of Customer's e-mail, downloads, news, etc., by other customers or individuals at AZCAPPY.COM or on any network.
Notices And Procedures For Making Claims Of Copyright Infringment:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): AZCAPPY Network Services
Name of Agent Designated to Receive Notification of Claimed Infringement: Keith D. Holler
Full Address of Designated Agent to Which Notification Should be Sent: P.O. Box 1333, Glendale, Arizona 85311-1333
Telephone Number of Designated Agent: 623-931-0809
Email Address of Designated Agent: firstname.lastname@example.org
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Upon receipt of the written Notification containing the information as outlined above:
- Service Provider shall remove or disable access to the material that is alleged to be infringing
- Service Provider shall forward the written notification to such alleged infringer ("Subscriber")
- Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
- A physical or electronic signature of the Subscriber
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined above:
- Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification
- Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days
- Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system
The laws of the State of Arizona, U.S.A, govern this agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A. in all disputes arising out of or relating to the use of the AZCAPPY.COM services. Use of AZCAPPY.COM services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AZCAPPY.COM as a result of this agreement or use of the AZCAPPY.COM services. AZCAPPY.COM performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AZCAPPY.COM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AZCAPPY.COM services or information provided to or gathered by AZCAPPY.COM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AZCAPPY.COM with respect to AZCAPPY.COM services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AZCAPPY.COM with respect to the AZCAPPY.COM services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. AZCAPPY.COM reserves the right to revise its policies at any time.
Updated January 2010