TallahasseeBlackPages.com
Terms and Agreements
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Sirius Web Solutions will not sell, rent or trade our customer information received from
orders. This information is only used to process orders and maintain a customer database.
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We reserve the right to monitor our systems electronically and to access and disclose any
information as permitted or required by any law, regulation or other
governmental request to operate its systems properly, to protect itself or
its accountholders or for any other reason it in good faith deems
necessary. We will fully cooperate with law enforcement authorities in
investigating suspected lawbreakers and reserves the right to report to
law enforcement any suspected illegal activity it becomes aware of. It is
not our intention that our Services or facilities be used in contravention
of the Communications Decency Act of 1996 (the "CDA") or any other
applicable law.
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You agree to comply with the requirements of
the CDA and the Digital Millennium Copyright Act (the "DMCA") and
acknowledge that we are a "service provider" under the DMCA and are
therefore immune from liability under the DMCA, including 17 U.S.C. § 512.
Consistent with the DMCA, we will accommodate standard technical measures
used to identify and protect copyrighted works, and, as further described
herein, we have a policy of terminating accountholders who are copyright
infringers.
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All transactions are processed with SSL (Secure Layer Socket) to ensure privacy and integrity
of your credit card and order information.
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Limitation of Liability. IN NO EVENT SHALL WE BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED
TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR SERVICES
(INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS), REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO US FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO
THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
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Indemnification. You agree to
indemnify, defend and hold us and our affiliates, directors, officers,
employees and agents harmless from and against any liabilities, losses,
damages or costs, including reasonable attorneys' fees, resulting from any
third-party claim, action, dispute or demand related to your use of the
Services, your violation of any of the provisions of this Agreement or
from your placement or transmission of any materials or content onto our
servers. Such liabilities may include, but are not limited to, those
arising from the following: (a) with respect to your business, (i)
infringement or misappropriation of any intellectual property rights; (ii)
defamation, libel, slander, obscenity, pornography, or violation of the
rights of privacy or publicity; or (iii) spamming, or any other offensive,
harassing or illegal conduct or violation of the acceptable uses described
herein or anti-spam policy; (b) any damage or destruction to our equipment
or to any other accountholder, which damage is caused by or otherwise
results from acts or omissions by you, your representative(s) or your
designees; (c) any personal injury or property damage arising out of your
activities related to the Services, unless such injury or property damage
is caused solely by our gross negligence or willful misconduct; and (d)
any other damage arising from your equipment or your business.
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We will publish a notice of fee increases 30
days before such increases take effect on the web site.
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You agree to provide us with accurate and complete billing information,
including your legal name, address, telephone number, e-mail address and
applicable payment date and to update this information immediately if any
change occurs. You must secure your account with a valid credit card.
Payments must be submitted in advance of receiving the
Services.
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You acknowledge responsibility for your account until payment in full is made.
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You are prohibited from storing, distributing or
transmitting any unlawful material through the Services. Examples of
unlawful material include, but are not limited to, threats of physical
harm, child pornography, and copyrighted, trademarked and other
proprietary material used without proper authorization. Pornography and
sex-related merchandising, or links to such material, even if legal, are
not acceptable uses of our servers. You may not post, upload or otherwise
distribute copyrighted material on our servers without the consent of the
copyright holder.
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TallahasseeBlackPages.com may contain hyperlinks to other web sites controlled
by parties other than TallahasseeBlackPages.com. TallahasseeBlackPages.com is not
responsible for and does not necessarily endorse the content of these web sites.
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Right to Terminate Agreement
(a) We reserve the right to suspend or terminate the
Services to you and remove or prevent access to any material from your
website at any time, without prior notice or liability, for any conduct
that we, in our sole discretion, believes violates this Agreement or is
otherwise harmful to our interests or the interests of other
accountholders. (b) We also reserve the right to comply with the take-down
provisions of the DMCA and to seek injunctive, declaratory, interpleader
or other judicial or equitable relief (and, pending such action, to
suspend all access to your website) if any third-party claim is made that
your website content or use violates any of the acceptable uses or your
obligations or representations described in this Agreement.
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Content:
All services provided by us may be used for lawful
purposes only. Transmission, storage, or presentation of any information,
data, or material in violation of any United States Federal, State, or
City law is prohibited. This includes, but is not limited to copyrighted
material, material we judge to be threatening or obscene or material
protected by trade secret and other statute. The subscriber agrees to
indemnify and hold us harmless from any claims resulting from the use of
the service, which damages the subscriber or any other party.
Pornography and sex-related merchandising is
prohibited on all our servers. This includes sites that may infer sexual
content or links to adult content elsewhere. We will be the sole arbiter
in determining violations of this provision.
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Refusal of Service:
We reserve the right to
refuse, cancel, or suspend service at our sole discretion.
Failure to follow any term or condition will be
grounds for immediate account deactivation without
refund.
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