| User Agreement |
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| PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING
THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. |
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| BigChamps.com. ("BigChamps") agrees
to provide you ("User") with services ("Service")
set forth subject to User's compliance with the terms and conditions
below. |
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| Fraudulent Content |
| User agrees to be held responsible for the distribution
of fraudulent materials. |
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| Restricted Content |
| User agrees not to post any of the following
restricted contents: Illegal, Abusive or Unethical Activities include,
but are not limited to, pornography, obscenity, nudity, violations
of privacy, hacking, computer virus, gambling, or promotion of gambling,
and any harassing or harmful materials or uses, as determined by us.
User agrees to indemnify and hold us harmless from any claim resulting
from user publications or use of Illegal, Abusive or Unethical materials. |
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| Prohibited Uses |
| User agrees not to engage in the following prohibited
uses: sending unsolicited advertising or promotional materials to
other users; violating the security of any computer network, crack
passwords or security encryption codes; transfering or storing illegal
material including that deemed threatening or obscene, or engage in
any kind or illegal activity; or violate any of the rules, regulations
and policies of those networks and computer systems accessed via User's
account. User agrees to indemnify and hold us harmless from any claim
resulting from user illegal behavior. |
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| Messaging |
| User agrees to limit their use of the BigChamps
service, specifically regarding the use of BigChamps's electronic
(email) services, to the following restrictions: Unauthorized Use
of Relay Servers User agrees that any unauthorized use of any email
server located throughout the Internet for the purposes of relaying
or distributing messages is prohibited. |
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| No System Backup |
| BigChamps does not and will not perform system
backups on any account(s). BigChamps shall not be held responsible
for any lost web data, web files, or any web site contents, regardless
of the reasoning for data loss or system causes. Except as otherwise
set forth herein, BigChamps will not provide historical data, to any
party for any reason, regarding any system or Internet activity |
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| Monitoring |
| BigChamps has no obligation to monitor the Service.
However, User agrees that BigChamps has the right to monitor the Service
electronically from time to time and to disclose any information as
may be necessary to satisfy any law, regulation or other governmental
request, to operate the Service properly, or to protect itself or
its subscribers. BigChamps will not intentionally monitor or disclose
any private E-mail message unless required by law. BigChamps reserves
the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole and absolute discretion, are
unacceptable, undesirable, or in violation of this Agreement. |
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| Resource Restrictions |
We reserve the right to limit the amount of bandwidth
and disk space being used by any particular account.
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| Account Cancellation and Suspension |
| BigChamps reserves the right to cancel Service
for any reason without prior notice. User must notify BigChamps via
email to cancel Service. BigChamps reserves the right to suspend access
to the Service for User's account. |
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| Limitation of Liability |
| Under no circumstances shall BigChamps, its affiliates,
its licensers, its contractors or their respective employees be liable
for any direct, indirect, incidental, special, punitive or consequential
damages that result in any way from user's use of or inability to
use the service or to access the internet or any part thereof, or
user's reliance on or use of information, services or merchandise
provided on or through the service, or that result from mistakes,
omissions, interruptions, deletion of files, errors, defects, delays
in operation or transmission, any failure of performance, computer
virus, communication line failure, theft or destruction or unauthorized
access to alteration of or use of user's account, whether for breach
of contract, negligence or under any other cause of action. In the
event BigChamps is found liable under any circumstance under the terms
of this agreement, BigChamps's liability shall be limited to the unused
balance of user's subscription payment pro-rated to reflect the current
term. |
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| Warranty Disclaimer |
| The foregoing warranties set forth are exclusive
and no other warranty is expressed or implied. BigChamps exercises
no control whatsoever over the content of the information passing
through BigChamps's system. Use of any information obtained via BigChamps
is at user's risk. Neither BigChamps nor any of its affiliates, its
licensers, its contractors or their respective employees warrant that
the service will be uninterrupted or error free; nor does BigChamps
make any warranty as to the results from use of the service. The service
is provided on an "as is" and "as available" basis
without warranties of any kind, either express or implied, including
but not limited to warranties of title, noninfringement, implied warranties
of merchantability or fitness for a particular purpose or any warranties
arising from course of dealing or usage of trade. No advice or information
given by BigChamps, its affiliates, its licensers, its contractors
or their respective employees shall create a warranty. Neither BigChamps
nor its affiliates, its licensers, its contractors or their respective
employees warrants that the service will be uninterrupted or error
free or that any information, software or other material accessible
on the service is free of viruses, cancelbots, worms, trojan horses
or other harmful components. |
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| Failure to Comply With Terms and Conditions |
| BigChamps may deny User access to all or part
of the Service without notice if User engages in any conduct or activities
that BigChamps in its sole discretion believes violates any of the
terms and conditions in this Agreement. If BigChamps denies User access
to the Service because of such a violation, User shall have not right
(1) to access through BigChamps any materials stored on the Internet,
(2) to obtain any credit(s) otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party services, merchandise
or information on the Internet through BigChamps, and BigChamps shall
have no responsibility to notify any third-party providers of services,
merchandise or information nor any responsibility for any consequences
resulting from lack of notification. |
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| Termination |
| BigChamps may terminate this Agreement, and your
access to and use of Service, or any portion thereof, immediately,
in its sole discretion, at any time without cause. |
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| Proprietary Rights |
| All Service is © 2003 BigChamps. Service
is owned and operated by BigChamps in conjunction with others pursuant
to contractual arrangements. |
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| This Agreement constitutes the entire agreement
between you and BigChamps regarding your use of Service on the Web
site from which you are accessing this Agreement. This Agreement supercedes
any prior agreements between you and BigChamps with respect to such
Service. You also may be subject to additional terms and conditions
that may apply when you use access Service or services provided by
entities other than BigChamps on the Web site from which you are accessing
this Agreement or when you access any Service provided by BigChamps
from a Web site other than the one from which you are accessing this
Agreement. This Agreement and the relationship between you and BigChamps
shall be governed by the laws of the State of California without regard
to its conflict of law provisions. The failure of BigChamps to exercise
or enforce any right or provision of this Agreement shall not constitute
a waiver of such right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect. 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 Service must
be filed within one (1) year after such claim or cause of action arose
or be forever barred. |
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