OffspringNet's Terms & Conditions

OffspringNet Services and OffspringNet Site Terms and Conditions

USING ANY OF THE OffspringNet SERVICES (INCLUDING, WITHOUT LIMITATION, THE OffspringNet INTERNET ACCESS SERVICES, SOFTWARE OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY OffspringNet, EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY OffspringNet (COLLECTIVELY, THE "OffspringNet SERVICE OR SERVICES")), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE ACCEPTABLE USE GUIDELINES FOR THE OffspringNet SERVICE, THE OffspringNet SOFTWARE LICENSE AGREEMENT AND THE OffspringNet PRIVACY STATEMENT WHICH ARE REFERRED TO COLLECTIVELY AS THE "RULES.".

IF YOU DO NOT AGREE TO BE BOUND BY THE RULES, YOU SHOULD DISCONTINUE REGISTRATION, OR YOUR USE OF, THE OffspringNet SERVICES AND DESTROY ALL COPIES OF THE OffspringNet SOFTWARE. YOUR OffspringNet ACCOUNT WILL NOT BE ACTIVATED OR YOUR SERVICE WILL BE TERMINATED.

The most current version of the Rules may be found at http://www.OffspringNet.net/ (the "OffspringNet Site"). Please review the Rules at the OffspringNet Site prior to accessing the OffspringNet Services since the Rules may have changed since the date of production of this software. OffspringNet may change the Rules and the scope of the OffspringNet Services, in whole or in part, at any time. Posting of the updated Rules at the OffspringNet Site will constitute notice to you of any such changes, although OffspringNet may choose other types of notice for certain changes. Changes will be effective upon notice, although OffspringNet will use reasonable efforts to provide you with thirty days advance notice of material changes that adversely impact you. Your continued use of the OffspringNet Services following notice constitutes your acceptance of all changes, and each use of the OffspringNet Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the OffspringNet Services, your sole and exclusive remedy will be to terminate your use of OffspringNet Services, although if you have a prepaid account you will not have the right to terminate your use of the OffspringNet Services unless the change is material and adverse to you.

1.0 General
The Rules are your entire agreement with OffspringNet and govern your use of the OffspringNet Services. OffspringNet reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which OffspringNet believes in its sole discretion to be illegal or potentially harmful to others or may expose OffspringNet to harm or liability. OffspringNet may suspend or terminate your use of OffspringNet Services for any reason at any time, including if it determines that you have failed to comply with any of the Rules. OffspringNet reserves the right to take or terminate the use of any user name or email address at any time.

OffspringNet Services. OffspringNet offers a variety of services, including Internet access services. OffspringNet retains the right at its discretion to make changes to the OffspringNet Services, including its fees and billing methods and the amount of time a user may access the Internet for free or for a specified fee, or to discontinue some or all of the OffspringNet Services. OffspringNet retains the right to change, suspend or terminate your use of the OffspringNet Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right. If you have elected a prepaid, extended service agreement with OffspringNet, you may have rights to a refund as outlined in the Rules.

Collection and Use of Personal Information. OffspringNet will collect, store, compile and utilize information about you, your computer, your phone number and your use of the OffspringNet Services including, without limitation, information regarding the Web sites you visit and information that you provide in response to OffspringNet questionnaires, surveys and registration forms. OffspringNet may provide this information to third parties including advertisers, clients, marketing organizations and others. However, OffspringNet will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information to third parties other than those acting on behalf of OffspringNet, unless you give OffspringNet consent to do so or except as may be required by law. Please refer to the Privacy Statement for the OffspringNet privacy policies and information practices.

2.0 Your Obligations

Completion of OffspringNet Questionnaires, Surveys and Registration Forms. In exchange for OffspringNet providing the OffspringNet Services, you agree to provide OffspringNet with accurate and complete information it may request, from time to time, through questionnaires, surveys and registration forms.
Charges and Billing. By using the OffspringNet Services, you agree to accept the fees you may incur as a result of using OffspringNet Services, including but not limited to, fees for supplemental services or features and purchases made through the use of OffspringNet Services. You will be notified of any applicable fees prior to incurring liability for such fees and, by providing your billing information, you agree that you are liable for payment of such fees. OffspringNet reserves the right to change its fees or billing methods at any time and OffspringNet will provide thirty days notice of any such changes in the same manner as described above for changes in the Rules and/or scope of OffspringNet Services. If you do not like these changes, you may stop using the OffspringNet Services at any time; however, you will not be entitled to receive a refund for the charges you have already incurred and you are responsible for timely payment of such amounts (including any applicable late fees). In the event you have prepaid for an extended period of time and we either terminate your OffspringNet Service or we make a material change to the OffspringNet Service that adversely impacts you and elect to terminate the OffspringNet Service, as your sole and exclusive remedy you will be entitled to a refund for amounts prepaid to cover future periods from the date of termination. The amount prepaid will be based on the average monthly cost over the service period. If you pay for our services on a monthly basis, you will not be entitled to a refund if you elect to terminate your account, although OffspringNet will provide you with a pro rata refund for the remainder of the month if OffspringNet terminates your account.

For most services for which there is a fee, OffspringNet will charge your designated credit card each time you enter your credit card number to pay for the service, unless you have authorized recurring payments to be charged to your credit card. If you select a recurring payment or automatic billing option for any of the OffspringNet fees, you hereby authorize OffspringNet to charge the credit card number you provided to OffspringNet for such fees on a recurring or automatic basis. You acknowledge and agree that OffspringNet will not obtain any additional authorization from you for this recurring payment. Every time you use OffspringNet Services, you re-affirm that OffspringNet is authorized to charge your credit card. If you have any billing-related questions or want to stop a recurring payment from being charged to your credit card account, call our toll-free billing support number (1-866-841-1442). Some fees that you may incur using the OffspringNet Services may accumulate on your OffspringNet account before they are charged to your credit card. Once the charges appear on your credit card, you are responsible for payment of such charges. OffspringNet will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than 30 days past due. You will be liable for any fees OffspringNet incurs in its efforts to collect any unpaid balances from you. Any billing problems or discrepancies must be brought to OffspringNet's attention by you within 90 days from the date you are billed. If you do not bring them to OffspringNet's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies with OffspringNet. OffspringNet may suspend or terminate your use of the OffspringNet Services if you fail to provide a valid credit card number upon request or if OffspringNet is unable for any reason to bill your credit card for the fees you have incurred.

You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other that those authorized to use your account, you will be responsible for all usage and purchases under your account.

YOU ARE RESPONSIBLE FOR ALL LOCAL AND/OR LONG DISTANCE TELEPHONE CHARGES INCURRED IN CONNECTION WITH YOUR USE OF OffspringNet SERVICES. YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY OffspringNet AND BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE TO OffspringNet'S CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS THE OffspringNet SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER.

You may obtain pricing information for supplemental services or features, as well as answers to common billing questions by going to the OffspringNet Site.
Minors. If you are less than 18 years old but older than 12 years old, you should obtain your parent's permission to use the OffspringNet Services. You may not obtain an account for OffspringNet's pay services unless you are at least 18 years old, and you represent that you are at least 18 years old by signing up for such services. If you are less than 13 years old, you are not allowed to use the OffspringNet Service without providing OffspringNet with your parent's consent in the form required by OffspringNet. Parents may read further information and obtain the Parental Consent Form by going to our Privacy Statement section entitled "Special Notice to Parents About Children Under Age 13." If you are a parent permitting a minor to use OffspringNet Services, you agree to (i) exercise supervision over the minor's use of OffspringNet Services and access to the Internet, (ii) assume all risks associated with the minor's viewing of content received through use of OffspringNet Services and the minor's transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities resulting from the minor's use of OffspringNet Services, including any and all payment obligations, and (iv) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to OffspringNet questionnaires, surveys and Registration Forms. OffspringNet provides information on the OffspringNet Site regarding parental control software available through various third party vendors, but you should know that such software is not completely effective in preventing minors' access to material that is unsuitable for children. OffspringNet does not endorse any of these third parties and makes no representation as to them or their software.
Registration Information. You must register for OffspringNet Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. OffspringNet reserves the right to verify the accuracy of the information you submit in connection with your registration for OffspringNet Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to OffspringNet's verification of such information.
Bypassing or Disabling Any Portion of the OffspringNet Services or Software. If you bypass or disable any portion of the OffspringNet Services or software, including, without limitation, the blocking of cookies, or blocking the operation of the ZeroPort, or you attempt to circumvent OffspringNet's billing of you in any way, you are in violation of these Terms and Conditions and we may suspend or terminate your use of OffspringNet Services without notice. Termination of your OffspringNet Services will not excuse you from any criminal or other civil liabilities that may result from your actions. If your OffspringNet Service is terminated for any reason you will be unable to access your OffspringNet account, including any undelivered email messages in your OffspringNet email account.
Accessing OffspringNet Services. You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the OffspringNet Services and for ensuring such equipment and services are compatible with OffspringNet's requirements.
Use of your OffspringNet Account. You are responsible for all use of your OffspringNet Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, OffspringNet personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of OffspringNet Services or through other Internet services. You may not transfer or permit any other person to use your OffspringNet account. You may not use more than one login session at a time, even if you maintain more than one OffspringNet account.
No Resale of OffspringNet Services and OffspringNet Site. The OffspringNet Services are for personal use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered. If you accessed the OffspringNet Services through a CD-ROM disc or diskette, you may give the disc or diskette to friends and family, but you may not sell it or copy it.
Transmission and Receipt of Content. OffspringNet exercises no control over the content of information passing through its network or equipment. Disputes may arise between you and others or between you and OffspringNet related to such content or commerce. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through OffspringNet's network or equipment are your sole and exclusive responsibility.
Email. You may not incorporate a third party's trademark within your OffspringNet email address without permission of the trademark owner. Files attached to email messages may not exceed 3 megabytes and OffspringNet shall have no obligation to transmit files exceeding 3 megabytes attached to email messages transmitted to or from your account. Your mailbox account storage may not exceed 5 megabytes and OffspringNet shall have no obligation to allow your account to exceed 5 megabytes. Once your mailbox account storage reaches 5 megabytes you will not receive any additional email messages and OffspringNet may, without notice, terminate your OffspringNet email service and delete any or all email stored in your mailbox account. If your OffspringNet Services or OffspringNet email service is terminated you will be unable to access any email messages in your OffspringNet email account.

OffspringNet may, from time to time, place a message and or a hypertext link geared to promoting the benefits of OffspringNet Services or a third party sponsor in the footer location of outgoing email messages transmitted from your account. You agree to permit OffspringNet to include such messages or links in email messages you transmit and agree not to alter, obscure or remove such messages or links.
Software Downloads. As part of the OffspringNet Service, OffspringNet may from time to time download software owned by OffspringNet or third parties to your computer. Your use of the OffspringNet Service constitutes your consent to such downloads.
Links to Third Party Sites. The OffspringNet Service contains links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use OffspringNet's name and logo on these sites. OffspringNet does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by OffspringNet of the site or any association with their operators. Because OffspringNet has no control over such sites and resources, you agree that OffspringNet is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our service, including the payment and delivery of related goods or 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. You further agree that OffspringNet shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Indemnification of OffspringNet. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD OffspringNet AND ITS SPONSORS, PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF OffspringNet SERVICES THROUGH THE OffspringNet ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM OffspringNet'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF OffspringNet SERVICES PROVIDED TO YOU.

3.0 Termination and Cancellation
Either you or OffspringNet may terminate or cancel your account at any time. Except as specified herein, you will not be entitled to a refund for any prepaid amounts. Other than to receive a return of refundable prepayments, cancellation is your sole remedy with respect to any dispute with OffspringNet. This includes, but is not limited to, any dispute regarding the OffspringNet Services, the Rules and the enforcement or interpretation of the Rules, OffspringNet's policies and practices including our privacy policy, your ability to access the OffspringNet Services, the content available on the OffspringNet Services, and any matters relating to billing. You can cancel your OffspringNet Services by following the instructions on the OffspringNet Site. The Terms and Conditions on the OffspringNet Site will contain a current phone number to cancel your billing service.

4.0 Warranty Disclaimers
YOU ACKNOWLEDGE THAT OffspringNet SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE OffspringNet SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF OffspringNet SERVICES OR THAT OffspringNet SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OffspringNet DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE , MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. OffspringNet DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE OffspringNet SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT OffspringNet WILL SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA.

5.0 Limitation of OffspringNet's Liability
IN NO EVENT SHALL OffspringNet BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT OffspringNet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. OffspringNet SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL OffspringNet'S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO OffspringNet. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE OffspringNet SERVICES MAY BE BROUGHT BY YOU OR OffspringNet MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, OffspringNet's liability shall be limited to the greatest extent permitted by law.

6.0 Policy to Terminate Use of Services for Copyright Infringement
Pursuant to 17 U.S.C. � 512 as amended by Title II of the Digital Millennium Copyright Act, OffspringNet will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to OffspringNet and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, OffspringNet will terminate the infringing subscriber's account. OffspringNet may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. � 512(c), OffspringNet has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. OffspringNet respects the intellectual property of others, and we ask our subscribers to do the same.

If you believe that your copyright has been infringed through the use of a OffspringNet account, please contact Anthony DeToro, Esq. via mail at:

Anthony DeToro, Esq. - OffspringNet, Inc. 2555 Townsgate Road, Westlake Village, CA 91361

7.0 OffspringNet Shopping Mall Accounts

Your Account. You may create a no-minimum balance OffspringNet Shopping Mall Account ("Account") at no charge using your personal e-mail address. You may add money to your Account by sending a check or money order to OffspringNet or RocketCash as indicated in the OffspringNet Shopping Mall, by using a credit card, or by purchasing appropriate OffspringNet gift certificates. Money may also be added to an Account through your participation in special promotional offers. Any money added to your Account by OffspringNet as a result of your participation in a OffspringNet promotional offer may be subject to an expiration date as defined in the promotional offer and will be removed by OffspringNet from your Account if such money is not used prior to the expiration date. OffspringNet gift certificates also may be subject to an expiration date as defined on the individual certificate and will not be redeemable in cash or its cash value after the expiration date. California, Hawaii, Massachusetts, and New Hampshire residents are exempt from any expiration date noted on OffspringNet gift certificates purchased with a check, money order or credit card.
Service Fee. A service fee may be charged to your Account if such Account remains inactive for a period of 365 days or more.
RocketCash. RocketCash is a wholly-owned subsidiary of OffspringNet, Inc. Your OffspringNet Shopping Mall Account is powered by RocketCash and is separate and unique from any RocketCash Accounts you may have. RocketCash Accounts may not be combined with OffspringNet Shopping Mall Accounts.

8.0 Miscellaneous

Liability Limitation. OffspringNet shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.
Entire Agreement. These Rules (as may be modified by updated Rules on the OffspringNet Site) together constitute the sole agreement between OffspringNet and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms.
Legal Actions. These Rules will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Los Angeles, California, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.
Severability. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
No Waiver. Any failure of OffspringNet to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.

9.0 How to Contact Us
A list of ways to contact OffspringNet is available at http://www.OffspringNet.net/support/support.html.
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