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These terms apply to anyone connecting directly or indirectly to a HotPOP-controlled computer/server. This includes, but is not limited to:
HotPOP LLC offers Internet access and related services, through its system to its subscribers. HotPOP LLC does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms of Service set forth the basic rules which apply to HotPOP LLC's services and use of its system. HotPOP LLC may change these Terms of Service in the future upon notice published on-line or otherwise provided by HotPOP LLC.BY USING HotPOP LLC'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM HotPOP LLC. If the Terms of Service, HotPOP LLC's services, system, or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled "Termination and Suspension" below. Lawful UseHotPOP's system and services may only be used for lawful purposes and in a manner which HotPOP believes, in its sole discretion, to be consistent with the rights of other HotPOP subscribers and third parties. HotPOP believes in the extended privacy privacy rights of children and supports recent leglislation enforcing this. HotPOP's services are not currently available to those under age 16. While is not While HotPOP is not responsible for the content of hosted Web Sites, content on all HotPOP.com hosted Web Sites must comply with all laws and must not infringe the rights of any third party. HotPOP.com's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, HotPOP.com's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through HotPOP.com's system must comply with the rules for such other networks. Changes to ServiceThe services provided by HotPOP.com and HotPOP.com's system are expected to change from time to time. HotPOP.com reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software. Termination and SuspensionEither subscriber or HotPOP.com may, at its sole discretion, terminate the subscriber's account at any time with or without reason. HotPOP.com also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. HotPOP.com may delete all data, files or other information that is stored in subscriber's account upon termination. Provisions set forth below in the sections entitled "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination. Refunding of fees paid to HotPOP by subscriber for loss of service due to violation of these terms is solely at the discretion of HotPOP. Subscription FeesThe effective date of for-fee subscriptions will be no earlier than the date and time of the creation of the subscription by the subscriber, and no later than the date and time which funds are received by HotPOP from the subscriber or any payment processing services used in the transaction. Certain methods of payment also incorporate a clearing period, including but not limited to personal checks. For payments made by these methods, the effective date will be no earlier than the date and time of the creation of the subscription by the subscriber, and no later than the date and time which funds are cleared. All fees paid are non-refundable. Any requests for refunds must be made in writing and HotPOP reserves sole discretion on the decision to grant or deny a refund. No Warranty; Limitation of LiabilityUSE OF HotPOP.com'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT SUBSCRIBER'S SOLE RISK. HotPOP.com DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT HotPOP.com'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES HotPOP.com MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. HotPOP.com'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL HotPOP.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, HotPOP.com WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF HotPOP.com'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH HotPOP.com'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF HotPOP.com TO ANY SUBSCRIBER OR SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO HotPOP.com'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR SUBSCRIBER TO HotPOP.com DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER. IndemnityThe subscriber agrees to indemnify and hold harmless HotPOP.com, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized. Non-TransferabilitySubscriber's account and right to use HotPOP.com's services and system is not transferable without HotPOP.com's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use. ConfidentialityHotPOP.com treats E-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits HotPOP.com limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect HotPOP.com's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where HotPOP.com receives information inadvertently which appears to pertain to the commission of a crime. Subscriber should be aware that electronic messages may be intercepted lawfully or unlawfully outside of HotPOP.com's system. In addition, although HotPOP.com has implemented certain security measures, HotPOP.com cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any Subscriber. Participation in Promotions of AdvertisersSubscriber may enter into correspondence with or participate in promotions of the Advertisers showing their products on the HotPOP.com service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding subscriber and the Advertiser. HotPOP.com assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. Proprietary Rights to ContentSubscriber acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Subscriber by the Service ("Content") by HotPOP.com or HotPOP.com's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Subscriber is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Subscriber may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser. Prohibited Actions: E-Mail
InterpretationThese Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of HotPOP.com. These Terms of Service shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts without regard to choice of law principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. General InformationHotPOP, HotPOP.com, PunkAss, Punkass.com, SexMagnet, SexMagnet.com, BonBon.net, GameBox, GameBox.net, ToughGuy, ToughGuy.net, Phreaker.net, Get The Message and all associated logos are trademarks of HotPOP. HotPOP reserves copyright on all web pages and original code resident on HotPOP's systems. HotPOP LLC conducts business in Newtonville, Massachusetts, USA and Boston, Massachusetts, USA Eric Savage and Andrew Shoemaker are officers and authorized representatives of HotPOP. |
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