Uticahighschool.org Terms and Conditions
The terms and conditions set forth herein constitute the full and complete agreement between you and AffAction, LLC., dba the High School Network, which operates Uticahighschool.org. Your agreement to be bound by these terms is acknowledged by your use of the Uticahighschool.org Web Site, Services, Support and/or any Uticahighschool.org software made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and Uticahighschool.org whether oral, written or otherwise including any statements made by any representative of Uticahighschool.org at any time.
Uticahighschool.org is a private, independently owned and operated Social Networking site dedicated specifically to Utica High School , alumni. Uticahighschool.org is not sponsored by or otherwise affiliated with Utica High School , , the Utica High School , Alumni Association or the Utica , School District. Via the Uticahighschool.org web site (hereinafter “Service”) members can exchange memories, stories, photographs, ideas, communications and announcements between current students, alumni, teachers, administration and other interested individuals throughout the world.
1 CONDITIONS OF MEMBERSHIP
Fees – At this time Uticahighschool.org charges no fee for the use of the Service.
Age – Uticahighschool.org
is available to individuals age 18 and above.
Registration Information – You agree that the information
that you provide to Uticahighschool.org in the course
of the registration is truthful and accurate and you agree to keep such information
up to date at all times. This includes but is not limited to your full name,
email address and other contact information as may be requested of you to facilitate
the services provided by the Service.
Password – You agree to maintain the confidentiality of your username and password combination and not allow access to the service by any other person via your username and password. You agree to be responsible for any action that occurs as the result of any access to your account as the result of access with your password. You agree that if it is determine that your password has been compromised that your account may be closed or access to the account may be terminated with no obligation to keep or maintain the information or data in your account.
Acceptable Use – As a condition of membership you agree that you will create and maintain your assigned member area in a manner consistent with the following requirements.
(1) You agree that you will not violate the laws, regulations, ordinances
or other such requirements of any applicable Federal, State or local
government.
(2) You agree not to take any action which threatens, encourages or
causes any harm to minors of any kind or to perform any activity which
is likely to cause such harm or which assists any other person or group
in doing so.
(3) You agree not to take any action which encourages or consists of
any threat of harm of any kind to any person or property or assists
any other person or group in doing so.
(4) You agree not use your account to or otherwise knowingly or otherwise
permit the violation any provision of the Controlling the Assault of
Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including
the following:
a. False or Misleading Header Information
b. Deceptive Subject Lines
c. Failure to provide an opt-out method
d. Failure to Identify the message as an advertisement
e. Failure to include a physical Postal Address
(5) You agree not to make any inappropriate communication to any Newsgroup,
Mailing List, Chat Facility, or other Internet Forum. Uticahighschool.org
shall make the sole determination of what is “Inappropriate”.
(6) You agree not to make or attempt any unauthorized access to any
Uticahighschool.org website or the website of any Uticahighschool.org
member.
(7) You agree not to infringe any copyright, trademark, patent, trade
secret, or other proprietary rights of any third party, including, but
not limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books,
or other copyrighted sources, and the unauthorized transmittal of copyrighted
software.
(8) You agree not to collect or attempt to collect personally identifiable
information of any person or entity without their express consent. You
shall maintain records of any such consent throughout the term of any
agreement that you have with Uticahighschool.org and for three
years thereafter.
(9) You agree not to undertake any action which is harmful or potentially
harmful to the Uticahighschool.org server structure.
(10) You understand and agree that your assigned area is for personal
use only and that data storage unrelated to the purpose of the Service
is not permitted.
(11) You agree not to abuse whether verbally or physically or whether
in person, via email or telephone or otherwise (a) any other customer
of Uticahighschool.org (b) any reseller of Uticahighschool.org
(c) any other person or (d) any employee or contractor of Uticahighschool.org.
(12) You agree that Uticahighschool.org will make the sole determination
of any whether this acceptable use policy has been violated.
2 SERVICE
Uticahighschool.org, subject to the terms and conditions set forth herein, hereby grants you a non-exclusive, limited, personal, and non-transferable license to use the Uticahighschool.org site for the term of the agreement as set forth herein. Any assignment of your rights under this agreement is null and void. Uticahighschool.org is a service provider as that term is defined under Federal Law including but not limited to the Digital Millennium Copyright Act (DMCA) and as such does not own, control or undertake any responsibility to review or approve in any way the information you post within your area. By posting information in your member area or at any other location within the site or by submitting photos or other content for consideration on Uticahighschool.org as a feature you grant Uticahighschool.org a non-exclusive, worldwide, royalty free license to display and otherwise use such information and or data including but not limited to the right to modify, alter, change, amend, distribute, re-distribute such content in any manner and for any purpose that may be related to the Uticahighschool.org website and related products and services.
3 TERM
The term of this agreement shall be from the creation of your user account until the termination of your account. You may terminate your account at any time without notice by following the appropriate procedures on the Uticahighschool.org Remove Name Form. Uticahighschool.org may terminate your account at any time, without notice. Termination of your account includes the termination of any and all access by you or any other person or member to your user area or any data or materials contained therein. In the event of any termination of this agreement paragraphs 1, 4 through 7 and 9 through 13 shall remain in full force and effect.
4 INFORMATION USAGE AND COMMUNICATIONS
4.1 You hereby consent and agree that as to any information which Uticahighschool.org may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, address, email address, telephone number, cellular telephone number, usage statistics, site statistics, products & services purchased, correspondence to or from Uticahighschool.org concerning you or your account, or other information which in Uticahighschool.org sole judgment is reasonable, Uticahighschool.org may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Uticahighschool.org and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Uticahighschool.org Terms of Service or other policies. You further agree to allow Uticahighschool.org to use any or all of such information for the purposes of providing relevant commercial marketing messages to you from Uticahighschool.org or our marketing partners.
4.2 During and after the term of this agreement you agree to receive periodic emails from Uticahighschool.org in regards to Uticahighschool.org or your account, and system conditions, changes, updates, announcements, specials and scheduled maintenance.
4.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Uticahighschool.org specifically including your Name, Address, Email address, telephone number and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to termination as set forth herein.
4.4 The information displayed by this site is generally based upon publicly available information. Our use of this information and the information that you may provide through the process of registration as well as any information that you provide to us concerning any third parties is governed by our PRIVACY POLICY which is incorporated herein as though set forth at length. If you wish to edit your information displayed on the Uticahighschool.org website you may do so by logging into your account and going to your member’s area.
5 NOTICE
5.1 Any notice under this agreement shall be given by Uticahighschool.org to you via email at the address provided by you to Uticahighschool.org at the commencement of this agreement or as Uticahighschool.org is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. You may update your email address at any time via the appropriate link in the member’s area or by contacting customer service via the Uticahighschool.org website located at Uticahighschool.org.com (or however you wish to accomplish this)
5.2 Any notice by you to Uticahighschool.org shall be made by email to info@highschoolnetwork.net and is effective only upon receipt by Uticahighschool.org of any such notice.
6 WARRANTEES AND LIMITATIONS
6.1 Uticahighschool.org makes every reasonable effort to maintain operation of the Uticahighschool.org service however because as many events and circumstances are beyond the control of Uticahighschool.org, Uticahighschool.org does not in any way warrant or otherwise guarantee the availability of the Uticahighschool.org system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Uticahighschool.org.
6.2 THE Uticahighschool.org SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6.3 In general, Uticahighschool.org has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Uticahighschool.org accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Uticahighschool.org provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Uticahighschool.org system. Items offered for sale via Uticahighschool.org including via advertisements and classified advertisements are not checked, tested or approved in any way by Uticahighschool.org and as such Uticahighschool.org takes no responsibility for the truth or accuracy of the information or claims of such advertisers. Similarly,
6.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
6.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY YOU TO Uticahighschool.org IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL Uticahighschool.org BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
7 INDEMNITY
7.1 You agree to fully defend and indemnify and hold harmless Uticahighschool.org of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Uticahighschool.org in any way related to your use of the Uticahighschool.org service or any portion thereof.
7.2 You agree to fully defend and indemnify and hold harmless Uticahighschool.org of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Uticahighschool.org service or any portion thereof. Choice of counsel remains exclusively that of Uticahighschool.org
7.3 You agree that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Uticahighschool.org of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Uticahighschool.org.
8 FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
9. U.S. EXPORT CONTROLS
Software available in connection with the Uticahighschool.org services is subject to United States export controls. No Software may be uploaded to or downloaded from Uticahighschool.org or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.
10 SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
11 CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Los Angeles. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
12 NO AGENCY
Notwithstanding any other provision of this agreement, Uticahighschool.org is not your agent, partner or joint venturer in any respect.
13 AMENDMENT
Uticahighschool.org may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Uticahighschool.org web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
14 REQUIRED NOTICES
14.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Uticahighschool.org, dba High School Network, COPYRIGHT INFRINGEMENT CLAIM, PO Box 616 Grover, MO 63040-0616.
14.2 California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Uticahighschool.org service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
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