1. All individuals accessing manconnect.com represent to MAN CONNECT that they are
18 years of age or older. Certain material available on the internet through manconnect.com may not be suitable for individuals
under the age of 18. It is absolutely prohibited for any user or entity to transmit the
images of anyone under 18 years of age through or on the Site, and such conduct will
result in immediate termination of your account without refund.
2. User understands further that
the internet contains unedited materials some of which are sexually explicit or may be
offensive to you. You access such materials at your own risk. MAN CONNECT has no
control over and accepts no responsibility whatsoever for such materials.
3. Information transmitted through manconnect.com and through the Internet in general is
not confidential. Therefore, MAN CONNECT cannot and will not guarantee privacy or
guarantee protection of any user. The Company reserves the right to monitor any User's
transmissions when deemed necessary for providing proper service and/or to protect the
rights and property of the Company, or in order to comply with the law. The Company will
not disclose any information about any User unless required by court order, subpoena or
other legal request, or upon the advice of counsel.
4. Warranty Disclaimer:
MAN CONNECT exercises no control
whatsoever over the content of the information on its website. Use of any information
obtained via manconnect.com is at your own risk.
Neither MAN CONNECT nor any of its licensers, employees or agents warrants that the
service will be uninterrupted or error free; nor does MAN CONNECT or its licensers,
employees or agents make any warranty as to the results to be obtained from use of the
service.
This site, including any content or
information contained within it or any site-related service, is provided "as is"
with no representations or warranties of any kind, either expressed or implied, including,
but not limited to, the implied warranties or merchantability, fitness for a particular
purpose, and noninfringement. You assume total responsibility and risk for your use of
this site and site-related services.
MAN CONNECT, its affiliates and its
sponsors are neither responsible nor liable for any direct, indirect, incidental,
consequential, special, exemplary, punitive or other damages arising out of or relating in
any way to the site, site-related services and/or content or information contained within
the site. Your sole remedy for dissatisfaction with the site and/or site-related services
is to stop using the site and/or those services.
This disclaimer of liability
applies to any damages or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access to, alteration of,
or use of manconnect.com, whether for breach of
contract, tortuous behavior, negligence, or under any other cause of action.
Although MAN CONNECT attempts to
ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to
the correctness or accuracy of the Site. It is possible that the Site could include
inaccuracies or errors, and that unauthorized additions, deletions and alterations could
be made to the Site by third parties. In the event that an inaccuracy arises, please
inform MAN CONNECT so that it can be corrected.
5. User agrees to indemnify and
hold without harm MAN CONNECT, its officers, employees, agents, directors, shareholders
and other Users from any and all claims, damages, expenses (including attorney's fees) and
liabilities resultant from any and all use of the User's account whether authorized or not
authorized.
6. MAN CONNECT’s internet
connections and all other services provided to the user by MAN CONNECT may only be used
for lawful purposes. Transmission or storage of any information, data or material in
violation of any U.S. or state regulation or law is prohibited. This includes, but is not
limited to: copyrighted material, material legally judged to be threatening or obscene,
child pornography, or material protected as a trade secret. User agrees to indemnify and
hold harmless MAN CONNECT from any claims resulting from your use of the service which
damages you or another party.
7. The right to use manconnect.com is NOT transferable. Accounts are for
your use ONLY! User is responsible for the confidentiality of user's passwords. Loaning
your account to others, connecting a system used by multiple persons, group use of user
logins, and consuming more than one modem line are explicitly prohibited. If the user has
multiple accounts, then the user is limited to one login session per system account at any
time. Violation of this policy will be dealt with as theft of service and may be
prosecuted under civil or criminal law.
8. MAN CONNECT's services should
not be used to send unsolicited advertising or promotional materials to other network
users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of
legitimate businesses. MAN CONNECT DOES NOT ALLOW users to run Maillist, Listserv or any
form of auto-responder from a users shell. Processes that run or are activated while the
user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on
the Internet after being asked to stop by those individuals and MAN CONNECT will not be
tolerated. When MAN CONNECT becomes aware of possible violations, we will initiate an
investigation. At the same time, in order to prevent further possible unauthorized
activity, MAN CONNECT may suspend access to services to the individual account in
question. Confirmation of violations may result in cancellation of the individual account
and/or criminal prosecution. The account suspension may be rescinded at the discretion of
MAN CONNECT following payment of a reconnection charge.
9. Use of this account to violate
the security of any computer network, crack passwords or security encryption codes,
transfer or store illegal material including that deemed threatening or obscene, or engage
in any kind of illegal activity is expressly prohibited. User will abide by all the rules,
regulations and policies of those networks and computer systems accessed via this account.
If the User is unsure of those policies, it is the User's responsibility to
ascertain said policies.
10. Payment Terms:
The User is responsible for any and
all fixed and accumulative charges for this account. The first month service fee (or other
available billing period selected) is due upon account setup. Each month (or other billing
period selected), on the date of the application, the account will be charged the monthly
access and any other fees for the new month plus any accumulated charges for the past
month. Unused free hours do not accrue from one month to the next. Failure to use this
account(s) does not relieve the user of payment obligations.
Credit Card customers agree to
allow MAN CONNECT, via its credit card processing agent, CCBill, to bill such card on each
successive billing date automatically after the initial charge and account setup. User
agrees to allow the same to make the automatic monthly charge without separate
authorization from the account holder. Credit Card customers shall notify MAN CONNECT of
any changes in Credit Card Number or expiration date. If the card is not honored for any
reason MAN CONNECT will attempt to notify the card holder from telephone information given
at sign-up. MAN CONNECT may also attempt to contact the card holder ONE time, via the
email address provided at subscription. If alternative billing is not established within
seven (7) days the account will be terminated.
If payment is by on-line check
draft, the customer agrees to allow MAN CONNECT, via its on-line check processing agent,
CCBill, to automatically debit the established membership fee from the checking account
supplied and authorized by the customer via electronic check draft. Memberships that are
purchased via on-line check payments WILL NOT be automatically renewed upon expiration.
MAN CONNECT will impose a $35.00USD service fee, in addition to the membership cost,
collectiable from the member, for any on-line check draft that is returned by the bank on
which the draft is drawn due to insufficient funds. Any returned on-line check
payments that are not paid in full, to include the $35.00USD
service fee, within ten (10) days from receipt of official notice to the issuer, are
aggressively pursued for collection and/or prosecution under local laws of jurisdiction
through your local city or county law enforcement agency.
If payment is by WEB 900 payment
option, the customer agrees to allow MAN CONNECT, via its WEB 900 processing agent, IBill,
to automatically bill the established membership fee to the telephone number supplied by
and authorized by the customer. Memberships that are purchased via WEB 900 payment option
WILL NOT be automatically renewed upon expiration.
MAN CONNECT has the right to
instantly terminate service for any unpaid or partial paid subscriptions. Accounts in
default are subject to an interest charge of 1.5% per month on the outstanding balance.
Termination of service shall not relieve the user from the obligation to satisfy
outstanding invoices. In the event MAN CONNECT utilizes an attorney to collect such sums,
the user shall be responsible for the payment of all of MAN CONNECT attorneys' fees and
costs in pursuing the collection of these sums.
MAN CONNECT reserves the right to
cancel service for any reason of violation of any established terms and conditions of MAN
CONNECT, without prior notice. In case of cancellation, unused fees WILL NOT be refunded
to the user on a pro-rata basis.
The User must notify MEN CONNECT,
via email, at customerservice@manconnect.com
to cancel service. ALL cancellation notices MUST be received at least fourteen (14) days
prior to membership renewal date in order to avoid billing for the next membership period.
Fees for any setup and the first month's service are not refundable.
In addition to any price for
services, Customer shall be responsible for the gross amount of any present or future
federal, state, municipal or other government sales, use, excise, value added or other
similar taxes applicable to the price, sales or delivery of any services furnished
hereunder or to their use by customer.
11. Linked Internet Sites:
MAN CONNECT is not responsible for
the content available on any other Internet sites linked to the Site. Access to any other
Internet sites linked to the Site is at the User’s own risk.
12. Postings:
MAN CONNECT is under no obligation
to review any messages, information or content ("Postings") posted on the site
by users and assumes no responsibility or liability relating to any such Postings.
Notwithstanding the above, MAN CONNECT may from time to time monitor the Postings on the
Site and may decline to accept and/or remove any Postings that contain:
Any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or
otherwise objectionable material of any kind, including, but not limited to, any material
which encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or international law.
Advertisements or solicitations of
any kind.
Messages posted by users
impersonating others.
Personal information such as
messages which state phone numbers, social security numbers, account numbers, addresses,
or employer references.
Messages by non-spokesperson
employees of MAN CONNECT purporting to speak on behalf of
MAN CONNECT.
Messages that offer unauthorized
downloads of any copyrighted or private information.
Multiple messages placed within
individual folders by the same user restating the same point.
Chain letters of any kind.
13. Access to Password
Protected/Secure Areas:
Access to and use of password
protected and/or secure areas of the Site is restricted to authorized users only.
Unauthorized individuals attempting to access these areas of the Site may be subject to
prosecution.
14. Miscellaneous:
This Agreement is entered into in
the State of Arizona and shall be governed by and construed in accordance with the laws of
the State of Arizona, exclusive of its choice of law rules. Each party to this Agreement
submits to the exclusive jurisdiction of the state and federal courts sitting in the
County of Maricopa, in the State of Arizona, and waives any jurisdictional, venue, or
inconvenient forum objections to such courts. In any action to enforce this Agreement, the
prevailing party will be entitled to costs and attorneys fees. In the event that any of
the provisions of this Agreement are held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary so that this Agreement shall otherwise remain in full force and
effect. In the event that any portion of these Terms and Conditions is held to be
unenforceable, the unenforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect, and all provisions of
these Terms and Conditions which operate to protect the rights of
MAN CONNECT shall continue in force even in the event of termination of these Terms and
Conditions on other grounds. MAN CONNECT’s failure to insist upon or enforce strict
performance of these Terms and Conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between parties nor trade practice shall
act to modify any provision of these Terms and Conditions. The duties and obligations
contained herein at paragraphs 4, 5, 6, 10, and 11 will survive any termination hereof.
15. Entire
Agreement/Modification:
This Agreement constitutes the
entire agreement between the parties hereto pertaining to the subject matter hereof, and
any and all written or oral agreements heretofore existing between the parties hereto are
expressly canceled. MAN CONNECT may modify the terms of this Agreement by posting
notice of such modification on a page of the Site entitled "Legal Notices" or
"Legal Information" (or similar title) before the modification takes effect.
16. By the use of a MAN CONNECT
account the User accepts the terms and conditions set forth in this agreement.
17. These Terms and Conditions were
last changed December 23, 2002.
