Website Use Agreement
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
PLAZA ONLINE WEB SITE USE AGREEMENT
This Web Site Use Agreement ("Agreement") is entered into by you, is collectively referred to herein as "PLAZA". The PLAZA web site http://www.plazaoceancity.com is comprised of various web sites, web pages, tools, information, software, content, software, and features (collectively, "PLAZA Web Site").
If you do not agree to the terms of this Agreement, you must immediately stop your use of the PLAZA Web Site.
1. SCOPE OF PLAZA WEB SITE
PLAZA makes the PLAZA Web Site available to users at no charge. The features of the PLAZA Web Site may include but are not limited to, access to email services (through PLAZA or other email providers), domain name server (DNS) and related services, search capabilities, account management tools, connections to certain content (news, weather and information, for example). The PLAZA Web Site is intended solely for your private and personal use on your computer. Any other use or any attempt to use the PLAZA Web Site for commercial or other purposes is strictly prohibited.
2. REGISTERED USERS
You agree that the information you provide during the PLAZA Web Site registration is accurate and that you are 18 years of age or older.
3. NO WARRANTY
PLAZA (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) PROVIDE THE PLAZA WEB SITE ON AN "AS IS," AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF THE PLAZA WEB SITE IS WITH YOU. IN ADDITION, PLAZA DOES NOT WARRANT THE SECURITY OF THE PLAZA WEB SITE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. PLAZA IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE PLAZA WEB SITE.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL PLAZA BE LIABLE TO ANY PARTY FOR (i) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE PLAZA WEB SITE, PROVISION OF OR FAILURE TO PROVIDE THE PLAZA WEB SITE, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE PLAZA WEB SITE OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE PLAZA WEB SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE PLAZA WEB SITE, EVEN IF PLAZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PLAZA WEB SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, PLAZA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5. RIGHT TO CHANGE, MODIFY OR TERMINATE PLAZA WEB SITE
Without prejudice to any other rights that PLAZA may have, PLAZA reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the PLAZA Web Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or PLAZA terminate this Agreement, you must immediately stop using the PLAZA Web Site.
6. CHANGES TO AGREEMENT
PLAZA reserves the right, from time to time, to amend or change this Agreement (including any of the policies which may be applicable to your use of the PLAZA Web Site) by posting such revisions to the PLAZA's Guidelines and Policies page located at http://www.plazaoceancity.com/policies/. You agree to visit this web site periodically to be aware of and review any such revisions. Changes to this Agreement shall be effective upon posting. By continuing to use the PLAZA Web Site after revisions are in posted, you accept the revisions and agree to abide by them.
7. INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the PLAZA Web Site (including but not limited to, related software and including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by PLAZA, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the PLAZA Web Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant any rights to the PLAZA Web Site other than the right to use the PLAZA Web Site according to the terms of the Agreement.
You agree to defend, indemnify and hold harmless PLAZA and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by you (or any parties who use your computer, with or without your permission, to access the PLAZA Web Site); (b) the use of the PLAZA Web Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your computer to access the PLAZA Web Site, with or without your permission); (c) negligent acts, errors, or omissions by you (or any parties who use your computer to access the PLAZA Web Site, with or without your permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the PLAZA Web Site or the Internet.
9. MANAGEMENT OF YOUR DATA
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the PLAZA Web Site. Minimum systems requirements apply to the use of the PLAZA Web Site and it is your responsibility to ensure your computer system complies with these requirements. You are responsible for management of your information, including but not limited to back-up and restoration of data, erasing data from disk space you control and changing data on your router. You are also responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, user ID and password on your router and firewalls, to protect your information. PLAZA is not responsible for back-up and restoration of your information or for any loss of or disablement of access to your information, including without limitation, email and address book information. In addition, you agree that information required by the Web Site software (including any personalization information) and other identifying information requested by PLAZA or its portal supplier may be placed in our user directory.
10. LIMITATIONS ON USE
a. The Internet is an international computer network of both government and non-government inter-operable packet switched data networks. The Internet is not owned, operated or managed by, or in any way affiliated with PLAZA, and PLAZA is not responsible for and has no control over the information or materials accessible via the Internet through use of the PLAZA Web Site.
b. You agree and acknowledge that through your use of the PLAZA Web Site, you may have access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable or objectionable, especially for children under the age of eighteen (18) years old. You agree to supervise usage of the PLAZA Web Site by any minors who use the PLAZA Web Site. PLAZA is not responsible for access by any users, neither you nor minors, to objectionable or offensive information or data. You agree that your use of the PLAZA Web Site and the Internet, without limitation, is your sole responsibility, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
c. You agree that the reliability, availability and performance of resources accessed through the Internet or other services connected or linked to the PLAZA Web Site are beyond PLAZA's control and are not in any way warranted or supported by PLAZA. You agree that PLAZA cannot and does not guarantee or warrant that files available for downloading through the PLAZA Web Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
d. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information you transmit over the Internet. PLAZA is not responsible for invalid destinations, transmission errors, or corruption, interception or security of your data. You further agree that in the event you type a nonexistent or unavailable Uniform Resource Locator (URL), or enter a search term, into your browser address bar, PLAZA or its associated entities may present you with an Advanced Web Search page containing suggested links based upon the query you entered in lieu of your receiving an NXDOMAIN or similar error message. PLAZA's provision of the Advanced Web Search page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages. If you would prefer not to receive Advanced Web Search pages from PLAZA, you should follow the opt-out instructions that are available by clicking on the "About the Search Results Page" link on any Advanced Web Search page.
e. You understand and agree that PLAZA does not warrant the PLAZA Web Site to be uninterrupted or error-free. You further understand and agree that PLAZA has no control over third party networks or web sites that you may access in the course of your use of the PLAZA Web Site, and that delays and disruptions of other network transmissions are completely beyond the control of PLAZA.
f. You agree that PLAZA assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and does not endorse any advice or opinion contained therein. PLAZA does not monitor or control such services, although we reserve the right to do so. PLAZA may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our PLAZA Web Site and to protect others and ourselves.
11. MISCELLANEOUS PROVISIONS
a. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
b. By transmitting, uploading, posting or submitting any information or material using Web site Tools, you (i) represent that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrant that no other party has rights to the information and that your transmission, posting, uploading or submission of the information does not violate any copyright or other laws.
c. The PLAZA Web Site contains third party links and it is provided by PLAZA only as a convenience to its users. Any web sites linked to or from the PLAZA Web Site are not reviewed, controlled, or examined by PLAZA and PLAZA is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the PLAZA Web Site does not imply endorsement of the linked site or content by PLAZA. In no event shall PLAZA be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.
d. The terms of this Agreement apply only to your use of the PLAZA Web Site and do not apply to your use of any other PLAZA product or service. The terms and conditions applicable to such other PLAZA products or services shall apply to and govern your rights and obligations (and ours) with respect to your use of such other products or services.
e. You and PLAZA agree that the substantive laws of the State of Maryland, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND PLAZA CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN WORCESTER COUNTY, MARYLAND, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE PLAZA WEB SITE. Except as otherwise required by law, including Maryland laws relating to consumer transactions, any cause of action or claim you may have with respect to the PLAZA Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
f. Use, duplication or disclosure by any Government entity is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.
g. For your reference, you may refer to the copy of this Agreement that can be found on the link "Policies and Terms of Service" located on PLAZA's home page.
h. This Agreement, including all Attachments hereto, which are fully incorporated into this Agreement, and also including all policies and notices incorporated into this Agreement by reference, constitutes the entire agreement between you and PLAZA with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement may be revised by PLAZA as set forth in Paragraph 6, "Changes to Agreement", above. Any terms varying from this Agreement in any written or electronic communication from you are void.
ACCEPTABLE USE POLICY
1. This is PLAZA’s policy on the acceptable use of the Service. It is designed to help protect the Service, PLAZA's community and the Internet community, from irresponsible or illegal activities.
2. PLAZA reserves the right to deny Service to you, or immediately to terminate your Service for material breach, if your use of the Service or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and in the sole discretion of PLAZA: (a) is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature; (b) espouses, promotes or incites bigotry, hatred or racism; (c) might be legally actionable for any reason, (d) is objectionable for any reason, or (e) in any manner violates the terms of this Acceptable Use Policy.
3. You may NOT use the Service as follows: (a) for any unlawful, improper or illegal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; (c) to access or attempt to access the accounts of others, to spoof or attempt to spoof the URL or DNS or IP addresses of the PLAZA or any other entity, or to attempt to penetrate or penetrate security measures of PLAZA or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data; (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to "spamming", "flaming" or denial or distributed denial of service attacks; (e) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service; (f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (g) to post information on newsgroups which is not in the topic area or charter (e.g. off-topic posting) of the newsgroup; (h) to interfere with another person's usage or enjoyment of the Internet or this Service; (i) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; (j) to damage the name or reputation of PLAZA, affiliates and subsidiaries, or any associated third parties; (k) to transmit confidential or proprietary information, except solely at your own risk; (l) to violate PLAZA’s or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (m) to use more than one IP address to perpetrate fraudulent representation; (n) to generate excessive amounts (as determined by PLAZA in its sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (o) to engage in activities designed to or having the effect of degrading or denying Service to PLAZA users or others (including activities that compromise a server, router, circuit, software or other Internet component ; (p) to use any name or mark of PLAZA, its parent, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner; (q) to use the Service to operate a commercial server or to operate a non-commercial server in a manner that interferes with the network or other users' use of the Service; (r) to use the Service or the Internet in a manner intended to threaten, harass, intimidate; (s) to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (t) to use the Service to disrupt the normal flow of online dialogue, (u) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service; (v) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (w) to impersonate any PLAZA employee or official or other person or use a false name while using the Service or implying an association with PLAZA; (x) to install "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (y) to make false or unverified complaints against any PLAZA community member, or otherwise abusing any of PLAZA's complaint response processes; (z) to use software or any other device that would allow your account to stay logged on while you are not actively using the Service; (aa) to export software or any information in violation of US export laws.
BLOG, ChatRoom and Discussion Forum Policy and Posting Restrictions: You must familiarize yourself with the subjects and established guidelines and restrictions of any BLOG, ChatRoom and Discussion Forum in which you participate and we reserve the right, in our sole discretion, to terminate your Service in the event you violate its guidelines or restrictions.
4. Copyright Infringement/Repeat Infringer Policy. PLAZA respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, PLAZA’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of PLAZA to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where (i) a Subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer, (ii) where a valid, effective and uncontested notice has been provided to PLAZA alleging facts which are a violation by the Subscriber or account holder of PLAZA's Copyright Policy prohibiting infringing activity involving PLAZA systems or servers, or (iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, PLAZA expressly reserves the right to terminate or suspend the Service of any Subscriber or account holder if PLAZA, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights PLAZA may have under law or contract.
5. You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify PLAZA if you become subject to any such order.
6. You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with PLAZA and provide requested information in connection with all security and use matters. You agree to notify PLAZA promptly if you suspect unauthorized use of the Service or of your UserID. You remain liable for unauthorized use until your notification to PLAZA at firstname.lastname@example.org. You agree that your name, UserID, and other identifying information may be placed in our user directory.
7. PLAZA reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email.
8. PLAZA may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement.