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Agreement Between USER and Boomspeed.Com The Boomspeed and Simplesniper
Web Sites are offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your
use of the Simplesniper and Boomspeed Web Sites constitutes your agreement to all
such terms, conditions, and notices. Boomspeed.Com. may change
its terms of service from time to time. It is your responsibility to keep
updated by checking our website frequently for changes and to abide by
these terms of service located at http://www.boomspeed.com/terms.htm
. Your continued membership
constitutes acceptance, unless cancelled according to the terms of
service.
Member Account,
Password, and Security Membership
is only open for
use by adults 18 years of age or older. Minors are prohibited from
creating or using any types of accounts at any of Boomspeed.Com’s
websites. Boomspeed.Com websites are only
available to you. You must complete the registration process by providing
us with current, complete and accurate information as prompted by the
applicable registration form. This includes the specification of a
password and a user name. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your
account. You agree to notify BOOMSPEED.COM immediately of any
unauthorized use of your account or any other breach of security.
BOOMSPEED.COM will not be liable for any loss that you may incur as
a result of someone else using your password or account, either with or
without your knowledge. However, you could be held liable for losses
incurred by BOOMSPEED.COM or another party due to someone else using
your account or password. You may not use anyone else's account at any
time, or allow anyone to use your account.
Content and
Uses Pornography is strictly
prohibited. On the Internet today many people have different opinions
about what pornography is, as well as what is decent or indecent. Images
of sexual conduct are not allowed. Nude images of legal
aged subjects is allowed pending it is not suggestive of a sexual
act and is legal in the majority of the states of the
USA. We reserve the right to
decide what is suitable, and images which violate these terms may be
deleted, as well as modify this list of allowed types. Users of Boomspeed and SimpleSniper
must agree to comply with all laws which apply to the
United
States, and their location,
including copyright and trademark law. Images and files that violate
copyrights or trademarks are not allowed. If someone has an infringement
claim against you, you will be asked to remove the copyrighted file(s)
until the issue is resolved.
Loss of
Data While Boomspeed.Com and
Simplesniper.com do make backups of data and makes all attempts at keeping
the systems stable and reliable, as a user you must agree that
Boomspeed.Com or and of its subsidiaries, employees, and affiliates
are not liable for your data, loss of winning an auction, loss of email or
address books, loss of personal information or credit card info due to
computer breakin or any other reason, and makes
no claims of future reliability in serving, hosting or storing your data
other than stating that our servers have had a better than 99% uptime.
Anytime you upload something to the internet, you should always keep a
backup for yourself. User accounts are limited to one per person and must
have a valid email address. Accounts with false email addresses will be
deleted with no prior notice.
Modification of
These Terms of Use
BOOMSPEED.COM reserves the right to change the terms,
conditions, and notices under which the Simplesniper and Boomspeed
Services are offered, including but not limited to the charges associated
with the use of the Simplesniper and Boomspeed Services. You are responsible for regularly
reviewing these terms and conditions and additional terms posted on the
Simplesniper and Boomspeed websites. Your continued use and membership
of the Simplesniper and Boomspeed Services constitutes your agreement to all
such terms, conditions, and notices.
Personal and
Non-Commercial Use Limitation Unless
otherwise specified, the Simplesniper and Boomspeed Services are for your personal and
non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software,
products or services obtained from the Simplesniper and Boomspeed
Site/Service.
Links to Third
Party Sites The Simplesniper and Boomspeed
Sites/Services may contain links to third party Web sites ("Linked
Sites"). The Linked Sites are not under the control of BOOMSPEED.COM
and BOOMSPEED.COM 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. BOOMSPEED.COM is not
responsible for webcasting or any other form of
transmission received from any Linked Site nor is BOOMSPEED.COM
responsible if the Linked Site is not working appropriately.
BOOMSPEED.COM is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by BOOMSPEED.COM
of the site or any association with its operators. You are
responsible for viewing and abiding by the privacy statements and terms of
use posted at the Linked Sites.
Any
dealings with third parties (including advertisers) included within the
Simple Sniper and Boomspeed Sites/Services or
participation in promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are solely
between you and the advertiser or other third party. BOOMSPEED.COM
shall not be responsible or liable for any part of any such dealings or
promotions.
No Unlawful or
Prohibited Use As a
condition of your use of the Simplesniper and
Boomspeed Sites/Services, you will not use the
Simplesniper and Boomspeed Sites/Services for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use the Simplesniper and Boomspeed Sites/Services in any manner which could
damage, disable, overburden, or impair any Simplesniper or Boomspeed
Site/Service (or the network(s) connected to any Simplesniper or Boomspeed
Site/Service) or interfere with any other party's use and enjoyment of any
Simplesniper or Boomspeed Site/Service. You may not attempt to gain
unauthorized access to any Simplesniper or Boomspeed Site/Service, other accounts, computer
systems or networks connected to any Simplesniper or Boomspeed
Site/Service, through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Simplesniper or Boomspeed
Sites/Services. In addition
you will not use or services for hosting illegal MP3’s, WAREZ,
Pornography, Child Pornography, Hate Website Content, or any other website content that
is promoted with bulk email/spam or promoting fraud in any
way.
Software and
Content Available Through the Simplesniper
Site/Service All
content and software (if any) that is made available to view and/or
download in connection with the Simplesniper or
Boomspeed Site/Services, excluding content
and/or software that may be made available by end-users through a
Communication Service, ("Software") is owned by and is the copyrighted
work of BOOMSPEED.COM Corporation and/or its suppliers and is
protected by copyright laws and international treaty provisions. Your use
of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree to
the License Agreement terms.
For
any Software not accompanied by a license agreement, BOOMSPEED.COM
Corporation hereby grants to you, the user, a revocable personal,
non-transferable license to use the Software for viewing and otherwise
using the particular Simplesniper or Boomspeed Sites/Service in accordance with these Terms
of Use, and for no other purpose provided that you keep intact all
copyright and other proprietary notices. Any reproduction or
redistribution of the content and/or Software is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable
export control laws and regulations of the
USA. You agree not
to export or re-export the Software, directly or indirectly, to any
countries that are subject to USA export
restrictions.
LIABILITY
DISCLAIMER The
information, software, products, and services included in or available
through the Simplesniper or Boomspeed sites/services may include inaccuracies or
typographical errors. Changes are periodically made to the Simplesniper or Boomspeed
sites/services and to the information therein. BOOMSPEED.COM and/or
its respective suppliers may make improvements and/or changes in the Simplesniper or Boomspeed
site/services at any time. Advice received via the Simplesniper or Boomspeed
site/services 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.
BOOMSPEED.COM
and/or its respective suppliers make no representations about the
suitability, reliability, availability, timeliness, lack of viruses or
other harmful components and accuracy of the information, software,
products, services and related graphics contained within the Simplesniper or Boomspeed
site/services for any purpose. All such information, software, products,
services and related graphics are provided "as is" without warranty of any
kind. BOOMSPEED.COM and/or its respective suppliers hereby disclaim
all warranties and conditions with regard to this information, software,
products, services and related graphics, including all implied warranties
and conditions of merchantability, fitness for a particular purpose,
workmanlike effort, title and non-infringement.
You
specifically agree that BOOMSPEED.COM shall not be responsible for
unauthorized access to or alteration of your transmissions or data, any
material or data sent or received or not sent or received, or any
transactions entered into through a Simplesniper
and Boomspeed sites/service. You specifically
agree that BOOMSPEED.COM is not responsible or liable for any
threatening, defamatory, obscene, offensive or illegal content or conduct
of any other party or any infringement of another's rights, including
intellectual property rights. You specifically agree that BOOMSPEED.COM
is not responsible for any content sent using and/or included in a
Simplesniper and Boomspeed sites/service by any third party.
In no
event shall BOOMSPEED.COM and/or its 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 Simplesniper or Boomspeed.Com
site/services, with the delay or inability to use the Simplesniper and Boomspeed
sites/services or related services, the provision of or failure to provide
services, or for any information, software, products, services and related
graphics obtained through the Simplesniper and
Boomspeed site/services, or otherwise arising
out of the use of the Simplesniper and Boomspeed sites/services, whether based on contract,
tort, negligence, strict liability or otherwise, even if BOOMSPEED.COM
or any of its suppliers has been advised of the possibility of
damages. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you. If you are dissatisfied with any portion
of the Simplesniper or Boomspeed sites/services, or with any of these terms
of use, your sole and exclusive remedy is to discontinue using the Simplesniper or Boomspeed
sites/services.
Termination/Access Restriction
BOOMSPEED.COM reserves the right, in its sole discretion, to
terminate your access to any or all Simplesniper
or Boomspeed Site/Services and the related
services or any portion thereof at any time, without notice.
BOOMSPEED.COM may terminate the Simplesniper or Boomspeed
Site/Services at any time, without notice. You accept this risk and waive
any and all claims, of any nature whatsoever, associated with such
termination of the Simplesniper or Boomspeed Site/Services.
BOOMSPEED.COM
at their option may also terminate or suspend your access to Simplesniper or Boomspeed
Site/Service(s) for inactivity, which is defined as failing to log into a
particular service for an extended period of time, as determined by
BOOMSPEED.COM. The amount of time that
BOOMSPEED.COM currently considers as an "extended" period of time is
6 months. Upon termination of the Simplesniper
or Boomspeed Site/Service, your right to use the
Simplesniper or Boomspeed Site/Service immediately ceases.
BOOMSPEED.COM
shall have no obligation to maintain any content or to forward any
unread or unsent messages to you or any third party but may at its option
do so for a fee.
Privacy and
Protection of Personal Information The Simplesniper and/or Boomspeed Web Site collects personally identifiable
information, such as your e-mail address, name, address or telephone
number. Information collected at the Simplesniper or Boomspeed
Web site may be shared within the BOOMSPEED.COM family of Web sites.
Simplesniper and Boomspeed does not associate
sensitive data, such as your race, religion, or political affiliations,
with personally identifiable information. Simplesniper takes precautions to segregate any
sensitive data you may provide on the site that reference your race,
religion, sexual orientation, ethnicity or political affiliations.
BOOMSPEED.COM
encourages you to review the privacy statements of Web sites you
choose to link to from Simplesniper and Boomspeed so that you can understand how those Web
sites collect, use and share your information. BOOMSPEED.COM is not
responsible for the privacy statements or other content on Web sites
outside of the Simplesniper or Boomspeed Web site.
The
Simplesniper and Boomspeed Web sites collect and use your personal
information to operate and deliver the services you have requested. Simplesniper and Boomspeed
also use your personally identifiable information to inform you of other
products or services available from BOOMSPEED.COM and its
affiliates. BOOMSPEED.COM may also contact you via surveys to
conduct research about your opinion of current services or of potential
new services that may be offered.
BOOMSPEED.COM
does not sell, rent or lease its customer lists to third parties.
BOOMSPEED.COM may, from time to time, contact you on behalf of
external business partners about a particular offering that may be of
interest to you. In those cases, your unique personally identifiable
information (e-mail, name, address, telephone number) is not transferred
to the third party. In addition, BOOMSPEED.COM may share data with
trusted partners to help us perform statistical analysis. All such third
parties are prohibited from using your personal information except to
provide these services to BOOMSPEED.COM, and they are required to
maintain the confidentiality of your information.
The
Simplesniper or Boomspeed Web sites will disclose your personal
information, without notice, only if required to do so by law or in the
good faith belief that such action is necessary to: (a) conform to the
edicts of the law or comply with legal process served on BOOMSPEED.COM
or the site; (b) protect and defend the rights or property of
BOOMSPEED.COM, and the Simplesniper and
Boomspeed Web sites; and, (c) act under exigent
circumstances to protect the personal safety of users of BOOMSPEED.COM
, its web sites, or the public.
Use of
Cookies Simplesniper uses "cookies" to help you personalize
your online experience. A cookie is a text file that is placed on your
hard disk by a Web page server. Cookies cannot be used to run programs or
deliver viruses to your computer. Cookies are uniquely assigned to you,
and your web browser only sends them to the webserver in the domain that
issued the cookie to you.
You
have the ability to accept or decline cookies. Most Web browsers
automatically accept cookies, but you can usually modify your browser
setting to decline cookies if you prefer. If you choose to decline
cookies, you may not be able to fully experience the interactive features
of the Simplesniper services or Web sites you
visit.
Credit Card,
Paypal and Other Billing
Charges Accounts paid for via
credit card will be billed quarterly for $6/month ($18 billed up to 60 days before Jan 1st,
Apr 1st, Jul 1st & Oct 1st of the year.) If subscribing in between
quarterly billings, you will only be billed up to the end of the current
quarter, I.E. $12 for 2 months or $6 for one month. What this means is
that when you sign up your card will be charged the prorated amount for
that quarter. You will then be charged $18 quarterly. All charges will be billed as
either 'G DEETER PHILATELIC' or 'BOOMSPEED.COM' Paid account fees
are non-refundable. Any
cancellations or refunds will not be prorated. They will start from the
next quarterly billing period.
In order to cancel, a member must submit a request on the technical support page
accessible by visiting http://www.boomspeed.com/
then clicking on 'Members Login' then clicking on the link next to
"Submit a technical support request" . You must then receive
correspondence from us acknowledging and accepting your cancellation and
this must be done before any new charges occur. If bandwidth
usage for webhosting goes above 3 gigabytes of
transfer per month, Boomspeed.Com. may at
its sole discretion charge $1.00 per Gigabyte of transfer in excess or may
disable the users account.
Boomspeed.Com will be the sole
entity determining the amount of bandwidth used.
Credit Card Chargebacks. There is and has been an alarming trend on the Internet where people
seem to think that by ordering services via the Internet, that they have some shield from obligation
for paying and can simply call their credit card company and dispute the charges.
We don't play that game. If you do a credit card chargeback, here is what will happen;
1) Boomspeed will file a police report with your local Police department in your home town. We have
filed over 400 of these since 2005. After all, if you claim that you don't know who used your credit card,
we are protecting you from fraud. If it turns out that it was you, and you are only trying to steal services,
we will file charges against you.
2) Boomspeed charges a $59 fee for chargeback research. If you file a chargeback with your bank we
will charge you $59 to respond to each and every one. If it turns out that someone actually did steal or
mis-use your card, we will refund those fees if you provide proof in a police report or court judgement.
Plain and simple? We don't play the games with you and if you want to try to abuse your own card,
we will charge for the effort you cost us.
Boomspeed.Com
may for any reason or without reason terminate/cancel/disable your account
at anytime at its discretion, with no refund for any remaining
service. Any disputes or
service problems will never be resolved with credit a credit card or
financial compensation, but instead with a free services credit only.
Copyright and
Trademark Notices All
content of the Simplesniper and Boomspeed Web Sites is: Copyright (c) 2000 - 2004
BOOMSPEED.COM and/or its suppliers,
5718 Westheimer Road, Suite 1700,
Houston,
Texas
U.S.A. All rights
reserved.
This
agreement/contract is consummated and governed by the laws of the
United States
of America, State of
Texas,
County of
Harris, in the City
of Houston. Any lawsuits or litigation arising
out of this agreement will be resolved within
Harris
County. Financial renumeration or awards in the case of a law suit will
be limited only to one quarters billing of $18. If any portion of this
agreement/contract is deemed unenforceable in a court of law the remainder
shall remain in effect.
Any rights not expressly granted herein are reserved.
Last Updated:
October 18, 2005
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