Terms of Use
These
Terms of Use constitute a legal agreement between you and StomperNet, LLC
(“StomperNet”).
The StomperNet Web Site is comprised of http://www.stompernet.com,
www.convertlinks.com, http://www.stomperforum.com,
http://www.stompernet.net, http://www.stomperblog.com,
http://www.stompernetlive.com, http://member.stompernet.com, http://f5.stompernet.com, http://www.stomperf5.com and their constituent web
pages and various other web sites, URLs and Web pages operated by StomperNet..
The StomperNet Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the StomperNet Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
StomperNet reserves the right to change the terms,
conditions, and notices under which the StomperNet Web Site is offered,
including but not limited to the charges associated with the use of the
StomperNet Web Site. All changes shall be effective and deemed accepted by all
users upon posting of such changes on the StomperNet Web Site. That
version will then apply to all use by you following the date of publication.
Each access of information from StomperNet will be a separate, discrete
transaction based on the then prevailing terms. These Terms of Use and the
license granted by it may not be assigned or sublet by you without StomperNet's
advance written consent.
SUBSCRIPTION TERMS
Use of the StomperNet Web Site requires the payment of a monthly subscription service. Each user agrees to pay to StomperNet a monthly subscription fee, in advance, via Pay Pal, credit card or other method from time to time established by StomperNet , for each month’s use of the StomperNet Web Site. Each user authorizes StomperNet to automatically debit the payment source or mechanism associated with his or her registered account for each monthly subscription fee. Monthly subscription fees are not refundable for any reason. Automatic debits shall continue unless the user terminates the subscription in accordance with the terms and conditions for termination on the StomperNet Web Site. For cancellation instructions, a user should log into the user’s account and click the “Billing Information” section under “My Account”.
StomperNet may from time to time establish special promotional thirty day “trial offers”, in its discretion, on such terms and conditions as may be posted on the StomperNet Web Site. StomperNet may provide access to or use of thirty day promotional or trial offers using promotion codes, coupons , credits or other mechanisms, in its sole discretion. Promotional or trial offers may be modified or terminated at any time, in StomperNet’s discretion, and will in any case be limited to one offer per user. At the end of any thirty day promotional or trial offer, the user’s credit card or Pay Pal account will automatically be debited for each subsequent monthly subscription period, and such automatic debits shall continue unless the user terminates the subscription during the thirty day trial period, in accordance with the terms and conditions for termination on the StomperNet Web Site. For cancellation instructions, a user should log into the user’s account and click the “Billing Information” section under “My Account”.
Promotional or trial subscriptions provide the user to access to limited portions of the StomperNet Web site. The entire StomperNet Web site will be made available only to users paying the complete monthly subscription fee for a given month.
From time to time, StomperNet may provide its members with access to offers or promotions made available by or from third parties. If a StomperNet member provides an e mail address or other information to such a third party, StomperNet will not be responsible for the use of the information so provided.
LINKS TO THIRD PARTY SITES
The StomperNet Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of
StomperNet and StomperNet 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. StomperNet is not responsible for
webcasting or any other form of transmission received from any Linked Site.
StomperNet is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by StomperNet of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the StomperNet Web Site, you
warrant to StomperNet that you will not use the StomperNet Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the StomperNet Web Site in any manner which could damage,
disable, overburden, or impair the StomperNet Web Site or interfere with any
other party's use and enjoyment of the StomperNet Web Site. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the StomperNet Web Sites.
USE OF COMMUNICATION SERVICES
The StomperNet Web Site 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:
StomperNet has no obligation to monitor the Communication
Services. However, StomperNet reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion.
StomperNet reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
StomperNet 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, in StomperNet's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. StomperNet does not control or endorse the content, messages or
information found in any Communication Service and, therefore, StomperNet
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 StomperNet spokespersons, and their views
do not necessarily reflect those of StomperNet.
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 StomperNet OR POSTED AT ANY
StomperNet WEB SITE
StomperNet does not claim ownership of the materials you
provide to StomperNet (including feedback and suggestions) or post, upload,
input or submit to any StomperNet Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting StomperNet,
its affiliated companies, licensees and sublicensees 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. StomperNet is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
StomperNet's sole discretion.
By posting, uploading, inputting, 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.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE StomperNet WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
StomperNet AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
StomperNet WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE StomperNet WEB SITE
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.
StomperNet AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS,
MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE StomperNet
WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS, WHERE IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. StomperNet AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL StomperNet AND/OR ITS AGENTS, EMPLOYEES,
OFFICERS, OWNERS, MEMEBERS, SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE StomperNet WEB SITE, THE RESULTS OBTAINED FROM CONTENT, DATA
OR ADVICE RENDERED ON THE StomperNet WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE StomperNet WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE StomperNet WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE StomperNet WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF StomperNet OR ANY OF ITS
AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMEBERS, SUCCESSORS, ASSIGNS OR SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE StomperNet WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE StomperNet WEB SITE.
STOMPERNET’S MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR ANY CLAIM
ARISING OF THE USE OF ITS WEB SITE OR ANY CONTENT APPEARING ON ITS WEB SITE
SHALL BE A REFUND OF ANY MONTHLY SUBSCRIPTION FEE PAID BY THE SUBSCRIBER FOR
THE MONTH DURING WHICH ANY CLAIM OR ALLEGED CLAIM ARISES.
SERVICE CONTACT:
TERMINATION/ACCESS RESTRICTION
StomperNet reserves the right, in its sole discretion, to
terminate your access to the StomperNet Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Gwinnett County, Georgia, U.S.A. in all disputes arising out of or relating to the use of
the StomperNet Web Site. Use of the StomperNet Web Site 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 StomperNet as a result of this agreement or use of the StomperNet Web
Site. StomperNet's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
StomperNet's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the StomperNet Web Site or
information provided to or gathered by StomperNet 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 StomperNet with respect to the StomperNet Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and StomperNet with respect to
the StomperNet Web Site. 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 an d
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the StomperNet Web Site are: Copyright ©
2006 - 2007 by StomperNet, LLC. and/or its suppliers. All rights reserved.
TRADEMARKS
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.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States copyright
law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.
Limitation On Use of Information
You agree to use content or information obtained from StomperNet's Web Site only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of such content or information (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, posting on a web site, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for this purpose only. Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from such content or information, whether for internal or external distribution or use.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from StomperNet, and all information to which you have access through password-protected areas of StomperNet's Website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.