Welcome to www.ontxt.net, a website owned and operated by
MyServiceandSupport, Inc.
Please read this Terms of Service
agreement (“Agreement”) carefully before using this website (“Website”). If you
do not agree with the terms and conditions contained in this Agreement, please do
not use the Website.
By visiting the website
of ONTXT located at www.ONTXT.net and/or using or accessing ONTXT's service (the
"Service") in any manner, you certify that
a)
you are at least 18 years of age, and
b)
you expressly agree to be bound by these terms and conditions of service (the "Terms").
Your use of the Service
is expressly conditioned upon the certifications listed above and your acceptance
of these Terms. If the certifications above are not true, or if you do not agree
to any part of these Terms, you may not use the Service. ONTXT reserves the right
to update and revise these Terms from time to time without notice to you. The latest
version of these Terms will be posted on the website, and you should review these
Terms prior to using the website. Your continued use of website after any such changes
constitutes your acceptance of the new Terms.
I.
Content.
You acknowledge and agree that all information, data, text, software, music, sound,
photographs, graphics, video, messages, goods, products, services or other materials
("Content") are the sole responsibility of the person from which such Content originated.
You are entirely responsible for all Content that is uploaded, posted, transmitted
or otherwise made available via the Service by you or through your account, if any.
You represent and warrant that you own or have the necessary rights in and to any
and all Content (including written consent for each individual person identifiable
in such Content to use the name or likeness of each such person in the manner contemplated
by the Service) uploaded, posted, transmitted or otherwise made available via the
Service by you. ONTXT does not control the Content posted via the Service and does
not guarantee the accuracy, integrity or quality of any such Content. ONTXT will
use commercially reasonable efforts to block or remove offensive or inappropriate
Content discovered by or reported to ONTXT. However, ONTXT cannot and will not review
all Content, and you understand that by using the Service, you may be exposed to
Content that you find to be offensive. Under no circumstances will ONTXT be liable
to you or to any third party in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of any access to or use of any Content posted, transmitted
or otherwise made available via the Service. You acknowledge that ONTXT is under
no obligation to pre-screen or otherwise review any Content, but also that ONTXT
and its designees shall have the right in their sole discretion for any reason and
without notice to refuse, move or remove and discard any Content submitted, posted
or otherwise available via the Service. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, and you shall not rely on the
accuracy, completeness, usefulness or nature of such Content. You acknowledge and
agree that ONTXT may preserve Content and may also disclose Content to others if
required to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to:
(a)
comply with any legal process;
(b)
enforce these Terms;
(c)
respond to claims that any Content violates the rights of third-parties; or
(d)
protect the rights, property, or personal safety of ONTXT, its users and the public.
II.
License to Content.
By submitting Content
via the Service, and until such Content is removed, you grant ONTXT a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
such Content solely for the purpose of providing the Service. Any Content or other
information, materials or ideas transmitted by you to ONTXT may be disseminated
or used by ONTXT or its affiliates for any purpose without compensation or liability,
including without limitation in developing, manufacturing, marketing and selling
products and services, subject to Content and certain other information provided
by you that is covered by ONTXT's privacy policy.
III. Conduct.
You agree that you shall not, and you shall not permit others using your account, if any, to:
(a)
comply with any legal process;
(b)
harm minors in any way;
(c)
impersonate any person or entity, including
without limitation any ONTXT personnel, or falsely state or otherwise misrepresent
your affiliation with any person or entity;
(d)
upload, post or otherwise transmit any Content
that you do not have a right to transmit under any law or contractual or fiduciary
relationship;
(e)
upload, post or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright, rights of privacy
or publicity, or other proprietary rights of any party;
(f)
upload, post, or transmit unsolicited commercial
email or "spam" or engage in any practice that is in any way connected with "spam";
(g)
upload, post or otherwise transmit any Content
that contains software viruses or any other computer code, files or programs designed
to interrupt, destroy, limit the functionality of or monitor or persistently reside
in or on any computer software or hardware or telecommunications equipment;
(h)
interfere with or disrupt the Service or servers or networks connected to the Service;
(i)
intentionally or unintentionally violate any
applicable local, state, national or international law or any regulations having
the force of law;
(j)
"stalk" or otherwise harass another; or
(k)
use the Service as a forwarding service to another website.
IV.
Notices of Infringement.
Digital Millennium Copyright Act
If you are a copyright
owner or an agent thereof and believe that any material or content made available
via the Service infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i)
A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii)
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;
(iii)
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;
(iv)
Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone number, and, if available,
an electronic mail;
(v)
A statement that you have 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; and
(vi)
(vi) A statement that the information in the
notification is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
V.
Indemnification.
You agree to defend,
indemnify and hold harmless ONTXT, its affiliates, officers, directors, employees
and agents, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising
from:
(a)
your use of and access to the Service;
(b)
your violation of any of these Terms;
(c) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or
(d) any claim that any Content uploaded, posted,
transmitted or otherwise made available by you via the Service caused damage to
a third party.
This defense and indemnification
obligation will survive these Terms and your use of the Service.
VI.
Proprietary rights and restrictions.
You acknowledge and
agree that the Service and any software accessed through or provided in connection
with the Service contains proprietary and confidential information of ONTXT, its
licensors and others that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in advertisements
or information presented to you in connection with or through the Service is protected
by laws and regulations relating to copyrights, trademarks, service marks, patents
or other proprietary rights. Except as expressly authorized by ONTXT or its licensors
or advertisers, as applicable, you agree not to modify, copy, rent, lease, loan,
sell, resell, distribute, create derivative works from, or exploit the website,
Service or any software or Content accessed through or provided in connection with
the Service, in whole or in part. ONTXT reserves all rights not expressly granted
in and to the website, Service, such software and such Content. If you download
or print a copy of Content accessible through the website for personal use, you
must retain all copyright and other proprietary notices contained therein.
VII.
Links.
The Service may provide,
or third parties may provide, links to other websites or resources. ONTXT has no
control over such sites and resources. Therefore, you acknowledge and agree that
ONTXT is not responsible for the availability of such external websites or resources,
and does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such websites or resources. In
addition, you acknowledge and agree that ONTXT shall have no responsibility or liability
whatsoever for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available on or through
any such website or resource.
VIII.
Certain information provided by you.
If requested by ONTXT
to provide information, such as in connection with a registration process, your
use of the Service shall be conditioned upon providing such information, and in
such event you agree to provide true, accurate, current and complete information
as prompted by the Service's interface, and you agree to update such information
as necessary from time to time to keep it true, accurate, current and complete.
IX.
Responsibility for activities.
You are fully and solely
responsible for all your activities in connection with your access to or use of
the Service and for all activities that occur under your account, if any, in connection
with the Service. If you become aware of any unauthorized use of the Service, you
agree to immediately notify ONTXT. ONTXT shall not be liable to you or to any third
party for any loss or damage arising as a result of any of the foregoing activities,
your failure to notify ONTXT as required in this section or any acts or omissions
by any person who accesses or uses the Service.
X.
ONTXT may change or discontinue the Service.
You acknowledge that
ONTXT may establish general practices and limits concerning use of the Service and
may modify such practices and limits from time to time. ONTXT may, at any time and
from time to time, modify or discontinue, temporarily or permanently, all or any
part of the Service with or without notice. ONTXT is under no obligation to preserve,
provide access to or return to you any Content. You agree that ONTXT shall not be
liable to you or to any third party for any modification, suspension or discontinuance
of the Service.
XI.
Termination.
ONTXT reserves the
right to terminate your access to and/or use of the Service and remove and discard
any Content at any time for any reason, including without limitation any failure
to comply with any part of these Terms. You agree that any termination of your access
to or use of the Service may be effected without notice to you and that ONTXT shall
be under no obligation to retain any Content, provide any further access to any
Content or return any Content to you. You agree that ONTXT shall not be liable to
you or any third-party for any such termination of the Service.
XII.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a)
YOUR USE OF THE SERVICE, SOFTWARE AND CONTENT
IS AT YOUR SOLE RISK. THE SERVICE, SOFTWARE AND CONTENT IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. ONTXT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(b)
ONTXT WILL MAKE REASONABLE EFFORTS TO MAINTAIN
THE SERVICE, HOWEVER, ONTXT IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT
OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY
OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER
ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE
FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE
SERVICE. ONTXT DOES NOT WARRANT THAT
(i)
THE SERVICE, SOFTWARE OR CONTENT WILL MEET YOUR SPECIFIC REQUIREMENTS,
(ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND
(v)
ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED;
(c)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND
(d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS.
XIII.
Limitation of liability.
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT ONTXT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF ONTXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND
WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION
ANY SUCH DAMAGES RELATING TO
(i)
THE USE OR THE INABILITY TO USE THE SERVICE;
(ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
(iv)
ANY OTHER MATTER RELATING TO THE SERVICE, SOFTWARE OR CONTENT.
Some jurisdictions
do not allow the exclusion of certain warranties or the limitation or exclusion
of liability for certain types of damages. Accordingly, some of the above disclaimers
and limitations may not apply to you.
XIV.
Miscellaneous.
(a)
For U.S. Government users, the Service and any
materials or software provided in connection therewith are "commercial items" and
are provided only with the "restricted rights" set forth herein;
(b)
Notices to you may be made via either email or
regular mail, and notices of changes to these Terms or other matters may be made,
if at all, by displaying notices or links to notices to you generally on the Service;
(c)
These Terms and the relationship between you
and ONTXT shall be governed by the laws of United States of America without regard
to its conflict of law provisions. You agree to submit to the personal and exclusive
jurisdiction of the courts;
(d)
No failure of ONTXT to exercise or enforce any
right or provision of these Terms shall constitute a waiver of such right or provision;
(e)
The current version of these Terms and ONTXT's
privacy policy constitute the entire agreement between you and ONTXT relating to
the Service, superseding any prior agreements between you and ONTXT;
(f)
If any provision of these Terms or incorporated
documents are found adjudicated invalid, such provision shall be reformulated to
give the maximum enforceable effect to the intent of the original provision or ONTXT
may terminate your access to and use of the Service, and the other provisions of
these Terms and incorporated documents shall remain in full force and effect;
(g)
You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use of
the Service or these Terms must be filed within one year after such claim or cause
of action arose or be forever barred; and
(h)
Section titles in these Terms are for convenience only and have no legal or contractual effect.