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Terms and Conditions of Use

This document (”Terms & Conditions” or “Agreement”) explains the terms and conditions that apply to the use of the SPITwSPOTS Network. Except as otherwise stated, these terms and conditions apply to every individual or entity using the SPITwSPOTS Network. Hereinafter, an individual or entity using the SPITwSPOTS Network will be referred to as “you” or “Customer”. Use of the SPITwSPOTS Network constitutes acceptance of the following terms and conditions:

1. Right to Modify Reserved:
   SPITwSPOTS may modify these terms and conditions at any time. Your continued use of the SPITwSPOTS Network subsequent to any modifications to these terms and conditions constitutes acceptance of the modifications.
2. Appropriate Use Policy:
   SPITwSPOTS encourages its Customers to participate in the on-line world to express their views and benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by as a SPITwSPOTS Customer. These rules and standards are described in this agreement. As a SPITwSPOTS Customer, you agree to comply with this agreement, and you acknowledge that SPITwSPOTS has the right to enforce this agreement, in its sole discretion. This means that if you, or anyone using your member privileges, violates the terms of this agreement, SPITwSPOTS may take all appropriate action — this can range from the issuance of a warning about a violation to the termination of your account privileges in SPITwSPOTS. SPITwSPOTS is not required to provide notice prior to terminating your SPITwSPOTS service for violating these rules and standards, but it may choose to do so. You are solely responsible for your conduct while using SPITwSPOTS’ internet, including the content of all email messages you generate or forward, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through SPITwSPOTS. SPITwSPOTS takes no responsibility for any such on-line distribution or publication by you. SPITwSPOTS cannot and will not review every message or other content you may generate or post, and SPITwSPOTS is not responsible for the content of those messages or content.SPITwSPOTS reserves the right to delete, move or edit any such item that SPITwSPOTS, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material SPITwSPOTS believes may cause any liability for it or which may cause SPITwSPOTS to lose the services of any supplier, including but not limited to any carriers which may provide services to SPITwSPOTS or its Customers.
   A user’s conduct in the SPITwSPOTS space should conform to the requirements of the law, respect for the rights of other users of SPITwSPOTS’ internet, and current standards for communicating on-line. By your use of SPITwSPOTS’ internet, you agree to use appropriate conduct and language when you are on line — this includes following the rules of any Internet service provider, any other on-line services, this agreement and all applicable state, local and federal laws (including foreign or international law where appropriate).SPITwSPOTS reserves the right to terminate your account or suspend SPITwSPOTS services to you at any time, with cause or without cause, in the event of any breach of this agreement, your infringement of SPITwSPOTS’ or others’ content, or any other circumstances which merit termination or suspension, in SPITwSPOTS sole discretion.
   Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.
3. Use for Lawful Purposes:
   No P2P File transfer Programs. These include but are not limited to Kazza, Kazza lite, Gnutilla Networks both 1 and 2, E-Donkey, Bit-torrent, and any other similar program which is widely used for copyright infringement. Persons found to violate this rule shall be kicked from the network or given a warning at SPITwSPOTS sole discretion.SPITwSPOTS Services may be used only for lawful purposes. The laws that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, distributing or storing content in violation of any applicable law or regulation is prohibited. “Content” means the text, software, communications, images, sounds, and all other information and materials you encounter or generate on-line on the Internet, including material protected by copyright, trademark, trade secret or other intellectual property rights, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.Examples of prohibited illegal conduct are:
   • Posting obscene content (including child or adult pornography)
   • Planning illegal activity, such as building a bomb or counterfeiting money
   • Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
   • Pretending to be anyone you are not — you may not impersonate another person (including celebrities), another SPITwSPOTS Customer, a SPITwSPOTS employee, or a civic or government leader
   • Using false statements to get, or to attempt to get, account information or other private information from other SPITwSPOTS Customers or other Internet users
   • Engaging in copyright infringement or other intellectual property infringement
   • Activity which in any way interferes with any person, entity or computer system accessible via the Internet regardless of whether the interference is in violation of Federal, state or local law including but not be limited to:
     • unauthorized attempts to access or use the data or resources of another person, entity, host or network, including any attempt to probe another person, entity, host or network, or to breach the security of a system belonging to another person, entity, host or network;
     • interference with any person, entity, host or network, including but not limited to, mail-bombing, flooding, or any other deliberate attempt to adversely impact another person, entity, host or network.

   Please note that the prohibition against use of the SPITwSPOTS Network to engage in unlawful activity is not limited to those activities described above, but applies to any and all unlawful activity. Any account found in violation of the provisions of this section will be immediately suspended.
   SPITwSPOTS reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If SPITwSPOTS decides to investigate or resolve possible misuse involving you or anything you do on SPITwSPOTS’ internet services, SPITwSPOTS is entitled to disclose any information about you and anything you do with the services to law enforcement or other government officials, as SPITwSPOTS in its sole discretion, believes to be necessary or appropriate. By your use of the services, you authorize SPITwSPOTS to take any such actions.

4. Objectionable Conduct and Content:
   It is essential that all content on SPITwSPOTS reflect the provisions of this agreement. SPITwSPOTS reserves the right to remove content if we become aware of any content in any SPITwSPOTS area which, in our judgment, does not conform to this agreement. You may receive a warning about the violation of this agreement if your SPITwSPOTS account was responsible for putting objectionable content on-line. At all times, SPITwSPOTS reserves the right to terminate the accounts of SPITwSPOTS Customers who violate this Agreement.Examples of objectionable conduct and content that violate the SPITwSPOTS acceptable use policy are:
   • Harassing, threatening, or embarrassing another SPITwSPOTS Customer or other Internet user
   • Stalking another SPITwSPOTS Customer or other Internet user (”cyberstalking”)
   • Transmitting or facilitating distribution of content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person’s view) objectionable
   • If you are an adult, requesting personal or other information from a minor (any person under the age of 18) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends
   • Posting content that defames, abuses or threatens physical harm to others or yourself

   Please remember that these are only guidelines; there are always “gray areas”. Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, SPITwSPOTS reserves the right to make the final determination about whether content is objectionable or not.

5. Availability:
   SPITwSPOTS’ internet services available to you are subject to varying network conditions. The service may be temporarily refused, limited, interrupted or curtailed due to governmental regulations or orders, system capacity limitations, equipment modifications, upgrades, relocations repairs or other activities within or beyond our control.
6. Information, Files and Programs - Limitation of Liability:
   SPITwSPOTS accounts may be used to access to all manner of information, files and programs is available on the Internet. When accessing such resources, SPITwSPOTS strongly recommends the use of common sense, and the use of an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. SPITwSPOTS cannot, and does not attempt to guard account owners from any risk of harm associated with the use of information, files and/or programs retrieved from the Internet. SPITwSPOTS can only urge caution in the retrieval and/or use of any information, file or program from the Internet.
   SPITwSPOTS explicitly disclaims any responsibility for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, file or program retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of the SPITwSPOTS Network is at your sole risk.
7. Privacy; Monitoring the Services:
   SPITwSPOTS is under no obligation to monitor the Services, but SPITwSPOTS may do so from time to time and SPITwSPOTS may disclose information regarding Customer’s use of the Services for any reason and in its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner, or to otherwise protect SPITwSPOTS and its Customers.
8. Personal Information - Limitation of Liability:
   When using any on-line resource - whether email, newsgroups, web page postings, chat groups, on-line shopping, or other resources available on the Internet - SPITwSPOTS cautions account owners to use caution in divulging personal information of any sort. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, account owners should never give out account name and password information). SPITwSPOTS explicitly disclaims any and all liability for loss or other damage of any type that is or might be incurred by you as a result of divulging personal information. All such information is divulged, if at all, at your sole discretion and risk.
9. One Account, One Connection:
   You may use your SPITwSPOTS account to make only one connection at any given time, unless you have specifically purchased an account that is, in SPITwSPOTS’ sole opinion, suitable for multiple user applications. Multiple, simultaneous connections from the SPITwSPOTS Network, except as noted, are prohibited.
10. Violations of System and Network Security:
    Violations of system and network security are prohibited, and may result in criminal and civil liability. SPITwSPOTS will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:
    • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
    • Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
    • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
    • Falsifying your user identity or providing other false information to SPITwSPOTS or to other users of the Services in connection with your use of your SPITwSPOTS account or any feature of that account.
    • Posting viruses or software designed to create a virus or to do harm to SPITwSPOTS Internet’s Services, any SPITwSPOTS Customers or users of SPITwSPOTS Services, or any network components
    • Taking any other action to disrupt the normal use of SPITwSPOTS Internet’s Services or the Internet by other users
    • Use of software that allows your account to stay logged on while you are not actively using the account, except for those accounts specifically designed to provide these kinds of connections.
11. Your Account, Your Responsibility:
    You are responsible for any and all use made of your SPITwSPOTS account. Thus, any violation of these terms and conditions by an account will be held by SPITwSPOTS to be your responsibility, regardless of whether you were personally responsible for the violation.
12. Interruption of Service:From time to time, the services offered by SPITwSPOTS may be interrupted. Interruptions of service may occur for any number of reasons. For standard dial up accounts, an online session may be interrupted if it remains idle for too long a time, or for other similar reasons. Interruptions of service may occur in a given city or network wide in order for SPITwSPOTS to perform maintenance tasks - such interruptions will generally be announced in advance of the interruption. Interruptions may also occur for reasons completely beyond the control of SPITwSPOTS. Use of the SPITwSPOTS Network constitutes your acknowledgment that such interruptions will occur from time to time. You acknowledge and agree that SPITwSPOTS shall not be liable to you for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of SPITwSPOTS. By way of example, access to on-line brokerage services via the Internet would be lost during an interruption of service. SPITwSPOTS cannot and will not be responsible for loss of such access, regardless of whether the loss of such access occurs as a result of an interruption of service by SPITwSPOTS, or for any other reason. It is your responsibility to plan in advance against the possibility of occasional loss of access to such services.
13. Limitation on Warranty, Limitation of Liability, and Indemnification:
    Your use of the SPITwSPOTS Network constitutes your acknowledgement and agreement that SPITwSPOTS is not the manufacturer of equipment used to provide access to the Internet; is not the developer of software used to access Internet resources, including software provided by SPITwSPOTS Internet, if any; is not the developer or provider of content available on the Internet. SPITwSPOTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO IMPLIED OR EXPRESS WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
    1. SERVICES OFFERED,
    2. EQUIPMENT USED TO PROVIDE SERVICES,
    3. SOFTWARE USED TO ACCESS INTERNET RESOURCES, INCLUDING SOFTWARE MADE AVAILABLE BY SPITwSPOTS INTERNET, IF ANY, AND
    4. ANY AND ALL CONTENT WHICH MIGHT BE ENCOUNTERED ON THE INTERNET FROM TIME TO TIME.

    Your use of the SPITwSPOTS Network constitutes your agreement that any and all damages which might arise from use of the services provided by SPITwSPOTS , use of equipment used by SPITwSPOTS to provide such services, use of software used to access Internet resources, including any software provided by SPITwSPOTS Internet, use of any content which might be encountered on the Internet from time to time, and any and all such damages of any type, shall be your responsibility and shall not be the responsibility of SPITwSPOTS Internet. Your use of the SPITwSPOTS Network constitutes your waiver of any and all claims against SPITwSPOTS for any and all such damages. SPITwSPOTS is in no way liable for any claims arising from your use of the SPITwSPOTS Network. As a condition of use of the SPITwSPOTS Network, you agree to indemnify SPITwSPOTS and hold SPITwSPOTS harmless for any claims arising from your use of the SPITwSPOTS account. None of the provisions in this section of these terms and conditions shall be deemed to negate any other provision of these terms and conditions, provided however, that if any provision in these terms and conditions shall be deemed inconsistent with the provisions of this section, the provisions of this section shall be controlling.

14. Excusable Delay and Failure to Perform:
    SPITwSPOTS shall not be held liable for any delay, failure in performance, loss or damages due to a force majeure event including but not limited to fire, theft, embargo, explosion, power problem, earthquake, avalanche, volcanic action, flood, war, water, the elements, labor disputes or unrest, including strikes, slowdowns, picketing, or boycotting, civil disturbances, any law, order, regulation, ordinance, or requirement of any government or legal body, or any representative of any such government or legal body, or military authority, acts of God or public enemies, inability to secure raw materials, inability to secure Equipment or transportation facilities, acts or omissions of carriers, or other causes beyond the reasonable control of SPITwSPOTS Internet.
15. Termination of an Account:
    You acknowledge and agree that your use of the SPITwSPOTS Network shall not be deemed to convey any property interest in the resources of SPITwSPOTS, in the login name(s), the email address(s), or any other element of the SPITwSPOTS Network. SPITwSPOTS may at its discretion terminate an account at any time, with or without cause, and may thereafter re-issue the login name(s), email address(s) and any other element the account, and may do so in whatever fashion it deems best. Likewise, the owner of an account may terminate the account at any time, with or without cause, and in so doing gives up all right to use of the login name(s), email address(s) and/or every other element of the account.
16. Prior Terms & Conditions Superseded:
    These terms and conditions supersede all previous terms and conditions, representations, understandings or agreements, whether verbal or written. No other terms and conditions, representations, understandings or agreements shall be in effect with regard to the SPITwSPOTS Network unless specifically adopted in a written agreement between you and SPITwSPOTS. To be effective, any such written agreement must include specific language indicating that the written agreement is in addition to the on-line terms and conditions, and that the written agreement shall control in the event of a conflict with the on-line terms and conditions.
17. Pricing - Separate from these Terms and Conditions:
    Pricing for SPITwSPOTS accounts is established separately from these terms and conditions. Your failure to pay for use of the SPITwSPOTS Network in accordance with pricing established by SPITwSPOTS shall result in immediate suspension of the account.
18. Deposits:
    SPITwSPOTS may, at its sole discretion, require you to pay a deposit to be held by SPITwSPOTS as a guarantee of payment of the charges we require for service. The fact that a deposit has been made does not relieve you of from the requirement to make prompt payment for service, and does not affect SPITwSPOTS Internet’s right to discontinue service for your failure to pay SPITwSPOTS for services.