These Terms of Service govern the use of the Gateserver website(s) and its services, servers and affiliates. The term "account" refers to the access, content, and services that Gateserver provides to its users. Gateserver may bill, host, or maintain several websites at any time and this document pertains to all services, products, data, items, objects, domains, URLS, IP Addresses servers, persons, companies, organizations, entities, affiliates in contact or related with Gateserver here after refered to as "us", "we", or Gateserver in any case or depicted symbol or image, document, item, article, garment, or object that depicts the logo, url, website(s), email address, image, that contains the Gateserver name or image is associated with this document either expressly implied or not.
By opening a Gateserver account and becoming a user you agree to these all terms.
Gateserver reserves the right to cancel any account, including deletion, modification of files and content, for any reason, or no reason at all, at any time. You agree to maintain backups of your data and all information you submit to Gateserver and you agree that Gateserver will have no liability for removing or modifying any data you have submitted. Additionally, you agree to log into the site a minimum of at least one time every month and to maintain a current and accurate e-mail address or contact information for Gateserver. Failure to do so will imply abandonment and will result in the deactivation of your account. Where deactivation may result in service fees, movement, archival, deletion, termination, or modification of all content submitted to Gateserver.
TERMS OF SERVICE
The Terms of Service may change at any time and although we may try to notify you of an adjustment in our agreements. It is up to you to make sure that you keep up to date with any modifications.
TECHNICAL SUPPORT
If the answers to a users question can be found in the searchable forums, internet spider, internet search engine, searchable knowledge base, terms or service or FAQs, you may not receive a response. Technical support is very limited. If your question does require additional attention, you can email to our contact information on our website. You can expect a response time of anywhere from 5 minutes to never.
The hours of operation for Technical support are:
24 Hours via email or support forms.
24 Hours via Fax.
24 Hours via IM, Chat
CONTENT
Gateserver reserves the right to access and review its user's content, files, or web pages for any reason at its sole discretion. Gateserver typically does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by Gateserver. Gateserver is not responsible for any content, data, files, audio, video, objects, opinions, or views expressed by it's users, moderators, members, staff, contractors, employees including but not limited to the following locations: disks, folders, web space, homes, cars, email, phone, fax, telex, wire, documents, chemicals, objects, items, products, court room, buildings, offices, any public or private setting, message forums, or contributions. Gateserver does not endorse any content in any medium including but not limited to contained within it's user's pages weather it contains a Gateserver logo, image, icon, reference, trademark, patent number, link, url, uri, service, file or insignia.
By submitting, emailing, attaching, sending, transmitting, indicating or uploading files, content, web pages to Gateserver, you (Gerneral Users, Associates, Members, Persons, Corporations, Entities, Objects, or Items) grant Gateserver and its affiliates a royalty-free, nonexclusive, nonrestrictive, non-limited, unlimited, boundless, worldwide, global, universal, unrestricted license to use, copy, reproduce unlimited, take ownership, transmit and distribute the content for the use of any purpose be it for the purpose of but not limited to promotion of any of Gateserver's objects, websites, items, products, or services.
Gateserver may cooperate with all law enforcement efforts pertaining or involving the use of Gateserver's user's web space and content. This may result in Gateserver disclosing all information given to Gateserver including but not limited to information contained in user's profiles, accounts, folders, messages, emails, transmissions, communications, keys, passwords, or any other information Gateserver sees applicable.
PERSONAL CONTENT PUBLIC OR PRIVATE
Do not submit personal or private content or data to our website(s). This can be any information that directly associates you or another individual and reveals your identity. This can be as but not limited to the following as images or data with your house number, street address, license plate, license number, place of birth, Message phone, fax, company, name, specific names of people and places visited. All content is royalty free and public once it is submitted. We are a web based and oriented company and any number of people from millions to billions may access our websites and servers. If you wish for information to be private it is up to you to encrypt or protect it before submitting it. All information submitted to Gateserver is classified as public domain and shared.
MISPRINTS, TYPOS, ERRORS
We are not responsible for misprints, typos, errors in documents, checks, and data. Gateserver will not give you an item below Gateserver's cost unless it is deemed within Gateserver's best interest. If an ad or promotion received contains errors it is up to you to verify before signing any agreement or submitting payment that each product, item, or service information is accurate.
INAPPROPRIATE CONTENT
Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, or these guidelines is prohibited. Gateserver reserves the rights to restrict or prohibit any and all uses of the Services or content on your Website(s) and to remove such material from its servers, that Gateserver determines in its sole discretion, is harmful to its servers, systems, network, reputations, good will, other Gateserver Customers, or any third party for any reason. The following non-exhaustive list details the kinds of illegal or harmful or misappropriate conduct that is prohibited. Gateserver does not permit any of the following types of content unless specifically where otherwise stated and legally permitted: non-artistic Nudity, pornography that is demeaning or offensive, Child Pornography, Sexual implications of persons under aged, Beastiality, Crude sexual content, anything of a sexually lewd, indecent or obscene nature. violations of any copyright or any other right of any third party, including, without limitation, material protected copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization and permission. Threatening, abusive, harassing, harmful, defamatory, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable promotion of illegal activities (info on hacking, cracking, making illegal devices, bomb making, germs, etc) information, instructions, or software containing or about any kind of virus, trojan, worm, email bomb, denial of service attacks, Hate speech or hate propaganda, Use of user web space as storage for the purpose of loading remotely use of user web space as a doorway, signpost, or gateway to another website content that links to content that violates Gateserver's Terms of Service in any way misrepresentation of user's identity, or the impersonation of anyone, including Gateserver personnel collection of personal information for illegal purposes content that is deemed by Gateserver, in its sole discretion, to be harmful to Gateserver, another company or organization, or individual solicitation or sale of any products or services that are harmful, illegal, dangerous, pornographic, or indecent use of web space for spamming, web bombing, etc.
EMPLOYEES, PARTNERS, AGENTS, ASSOCIATES
Gateserver's employees or members take full responsibility for any of their contributions to Gateserver. These include but are not limited to source code, scripts, executables, java-scripts, images, files, objects, data, text, comments, URLs, links, products, services, packages, and items.
ILLEGAL ACTIVITIES
You agree to contact Gateserver first and wait for a response within a reasonable time period regarding any suspected illegal or deviant acts. Either it conducted by our clients, employees or affiliates. Failure to do so could result in you being liable for but not limited to legal fees, down time, loss of property, loss of services, health, death, injuries incurred by a suspected individual, entity or business.
EXPORT VIOLATIONS
Gateserver does not permit the posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
HARMFUL CONTENT
Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, registration bombs, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
FRAUDULENT CONDUCT
Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers is not permitted and may result in immediate termination of Gateserver services and agreements.
REVIEWING AND CONTENT MODIFICATION
Gateserver at times may review your content and suggest modifications to code, images, files and the way you do business. If we find that your business and our ideas are in conflict Gateserver may sever any agreement at anytime with or without notice at Gateserver's discression. This may but is not limited to scripts, files, software, webpage coding, javascript, html, xml, dhtml, vbscript, scripts, or any other methods that utilize Gateserver's resources not limited to processing, bandwidth, unprofessional, non-understanding or if just seen by Gateserver as a waste of resources, money and time.
SECURITY VIOLATIONS
Violations of Gateserver's or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Gateserver may investigate incidents involving such violations. Gateserver may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following: Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network. Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network. Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet. Falsification of Origin. Forging of any TCP-IP packet header, location, ip-address, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out. Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
DISALLOWED FILE TYPES
Gateserver does not permit the following file types unless otherwise stated: Files larger than one (1) MB (with the exception of MS Access Databases -.MDBs) .exe, .cmd, .bat, .mov, .avi, .mp3, .wav, .rm, .ram, .rmx, .asf, .wmf, .wmp, .wma files of any size and audio or video files. Images and files that are not optimized for web usage...Such as Camouflaged files (e.g. a zip file inside a jpeg) Files with missing or deceptive file types
DOMAIN REGISTRATION AND OWNERSHIP
Gateserver may register a domain name for one of our clients or affiliates but this may in no way mean we take responsibility for the client or the domain name. Our information may also be displayed as the only contacts or the key registrant but this does not mean we are liable for the content. Just as we may also host the domain name and lease the servers and hold the IP address for website(s). A registration may have been done because the client is completely clueless or just doesn't know how to register a domain name as many clients we associate with don't have a clue about the web or computers and technology in general.
USER NAME RESTRICTIONS
Gateserver user name restrictions are as follows: No vulgar or offensive language ciphered within your name No use of a name other than your own No use of a name that is an organization or entity other than your own No use of a name that is trademarked, copyrighted, service marked, or violates the rights of another individual or organization No use of duplicate memberships allowed for a domain No use of a name that is simplar to someone with higher level access than your self.
BANDWIDTH LIMITATIONS
General domain's and users are limited in bandwidth to 50 MB a day and 15GB per month. Once the daily limit of 50 MB a day is reached the web site and contents may no longer be served for the remainder of that day. If excessive bandwidth is realized your account or agreement with Gateserver may be severed if you opt to not increase your plan.
NO STREAMING Video, Multimedia, Moving Images, Spoken words, or Audio is allowed unless expressly stated by Gateserver.
REFUNDS AND EXCHANGES
Refunds and Exchanges are given at Gateserver's choice. Refunds and Exchanges may be accompanied by a restocking, exchange or service fee(s) not limited by the actual price or cost of the object, service, item, or product being exchanged or returned. You grant Gateserver complete descression as to use your credit card or any other means as payment for all fees incurred during your period with Gateserver. All exchanges and refunds submitted must have an Request Code associated with it.
E-MAIL COMMUNICATION
Gateserver users agree to: Maintain a current email address in the Gateserver database. Failure to notify Gateserver of an email change could result in the termination of your Gateserver account. Receive emails about a product or service that might be of interest from an advertiser. Receive updates and newsletters in email as Gateserver decides to send them. Gateserver users agree not to distribute, publish, or send any of the following types of e-mail: Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails. Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. Harassing e-mail, whether through language, frequency, or size of messages. Chain letters. Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses). o E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information. In addition, you may not use Gateserver's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited. Email Attachments should be less than 5 MB and optimized for sending over the web and allways be compressed where ever possible. Emails should not be left on the server and should be downloaded within seven (3) days from receipt on the server. It is your responsibility to check and request Gateserver Servers and Services for email content that may be waiting for you within a of no more than twelve (12) hours. Your email or email address may be blocked, deleted, adjusted, forwarded due to termination of service or for any reason determined by Gateserver.
TERMINATION OF SERVICE
A partial list of the actions that may cause termination of account: Purposely circumventing the receiving of emails Posting or providing links to content that violates these Terms of Service Displaying any paid advertising on your user website (General Users Only) Using an account that is not yours or is inactive Signing up for more than one account by the same person Sending unsolicited (bulk, spam) email from or referencing your space Reproduction or use of another user's content without permission Reproduction of any Gateserver.com content (CodeBank, Forum Messages, Articles) Invalid e-mail address for correspondence with Gateserver Failure to login to your account once every six month Gateserver decided to terminate the agreement
INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE TERMS OF SERVICE BY YOU.
LIMITATIONS OF LIABILITY / DISCLAIMER a)Gateserver and all Gateserver Objects, Items, Products or Services IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gateserver EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b)Gateserver MAKES NO WARRANTY THAT (i) Gateserver MAY TRY TO MEET YOUR REQUIREMENTS OR THAT, (ii) Gateserver WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, c)ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Gateserver IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d)NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gateserver SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GATESERVER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GATESERVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM GATESERVER; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Gateserver, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post or submit to Gateserver your use of Gateserver, your violation of these Terms of Service, or your violation of any rights of another.
These Terms of Service constitute the entire agreement between you and Gateserver and govern your use of Gateserver, superceding any prior agreements between you and Gateserver. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and Gateserver shall be governed by the laws of the Commonwealth of New Jersey. You and Gateserver agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of New Jersey. The failure of Gateserver to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. Gateserver does not authorize the use of its proprietary computers and computer network (the Gateserver Network") to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to Gateserver members. In addition, Internet e-mail sent, or caused to be sent, to or through the Gateserver Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit e-mail to be sent to or through the Gateserver Network is unauthorized. Similarly, e-mail that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail, is also an unauthorized use of the Gateserver Network.
Gateserver does not authorize anyone to send e-mail or cause e-mail to be sent to the Gateserver Network that violates Gateserver's Terms of Service. Gateserver does not authorize the harvesting or collection of screen names from the Gateserver service for the purpose of sending unsolicited e-mail. Gateserver reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within the Gateserver Network. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Gateserver Network. Gateserver's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Gateserver's rights.
MEMBERSHIP AGREEMENT
Membership Agreement This Membership Agreement sets forth the terms and conditions on which Gateserver. offers products and services to registered users (each a "Member") of any of Gateserver's website or websites PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A MEMBER. YOU WILL BE REQUIRED TO ACCEPT THIS AGREEMENT IN ORDER TO BECOME A MEMBER. 1. Terms The Membership Agreement is comprised of (a) all terms and conditions set forth herein; (b) all operating rules and policies that are by published on the Site from time to time.
In light of the evolving nature of web-based offerings, Gateserver may post a notice on the Site, or broadcast messages through the Service, to inform you of changes to this Membership Agreement, the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Membership Agreement shall be effective immediately upon posting of the notice, or broadcast of the message. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by this Membership Agreement as amended.
2. The Service
The term "Service" includes all functionality made available by Gateserver on or through the Site. Gateserver may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new text, content, file, data, product, services, information, software, software tool or other feature that augments or enhances the current Service, will be subject to this Membership Agreement.
3. Member's Privileges and Obligations
The Service is available only to individuals over the age of 18. In order to use our Service, you may be asked to register as a Member. You agree to provide accurate information, as prompted by the registration form, including an accurate email address where you can be contacted. Each Member is allowed to have only one Membership. Membership is non-transferable. You must choose a password. You are responsible for any activity that occurs under your user ID. You agree to immediately notify Gateserver of any unauthorized use of your user ID or another breach of security in relation to the Service. You may use the Service only for your personal, non-commercial use unless otherwise advised. You may not take the results from your use of the Service and link to them, or mirror pages from the Site on another website, or create links from other websites onto any area of the Site.
4. Member Content
Member Private Area; Community Area You may store, display and publish your "Member Content" on the Site. The "Member Content" may include images, video, audio, music, sound files, and other materials, data, or text. Your Member Content is linked to your user ID. As "Public Member Content", in the public area of the Site, which is accessible by all users of the Site, whether or not they are Members, and which does not require the use of a password. You agree not to post, send, transmit, upload, display, publish or distribute through any part of the Site, any Member Content that: (a) Uses materials of others that are protected by copyright, trademark or trade secrets, patent or other intellectual property law without the express permission of the author or owner; (b) Contains false or misleading statement of facts or description of the origin of the material or communications; (c) Violates anyone's copyright, author's rights, trade secrets, trademark rights, patent, or other intellectual property or other rights; (d) Interferes with the privacy rights of any person, or impersonates any person; (e) Contains a virus, worm, Trojan or malicious code or may corrupt, modify, alter files or other content that may compromise or harm the Site or any user thereof; (f) Makes or purports to make any commercial use of the Site; (g) Constitutes a criminal offense, gives rise to civil liability, or violates any applicable laws or regulations, or encourages anyone to break the law; or advocates illegal activity; or (h) Contains links to your Member Private Area (defined below) that does any of the above. You are responsible for creating and maintaining copies of your Member Content, as back-ups, prior to posting or uploading any material, data, text, image, video, music, sound, audio file, or other content or materials on the Site.
5. Price and Payment
Certain content, products or services on the Site, such as photo printing and gift and hardware sales, are subject to charges and specific terms and conditions, which are explained in connection with such content and services. Gateserver may, at its discretion, elect to modify, delete, reduce, augment, or discontinue the Service or any product, service, feature, user item, user object, or functionality on the Site, or institute a fee. Gateserver shall not be liable to you or any third party for any such change.
6. License Grant and Intellectual Property Rights
In consideration for the Service, and the potential benefits related thereto, you grant Gateserver, its successors, licensees and assigns, a non-exclusive, worldwide, perpetual, royalty free license to use, modify, reproduce, distribute, publish, publicly perform, and publicly display your Member Content, by all means now known, or later created, including but not limited to display on the Internet, and in all forms of media, now known or later created. With respect to your Public Member Content, such license includes, without limitation, (a) the right for Gateserver and third parties to access and view the portions of your Public or Private Member Content in any area of our website(s); (b) the right to access, display, reproduce, modify, and transmit any portions of your Public Member or Private Member Content, and to create, reproduce, display and distribute selected images, frames, thumbnails or stills from such Public or Private Member Content. You agree that Gateserver may use the Member Content that you provide and make available on the website(s) (by selecting such an option when uploading materials on the Site, or at a later time), at any time for any other purposes. With respect to your Private Member Content, such license includes, without limitation, granting Gateserver and its contractors the right to access, display, reproduce, modify, and transmit any portions of your Private Member Content in order to store, host and display it on the Site, to improve site operations, and comply with applicable laws. You acknowledge and agree that certain technical processing or reformatting of your Member Content may be required to (a) perform indexing functions; (b) conform to connecting network technical requirements; (c) conform to the limitations of the Service or other similar requirements. As between Gateserver and you, you will own your Member Content, and Gateserver owns all right, title and interest (including all intellectual property rights) in and to the Site, the Service, the technology, information, documents, files, WebPages and other product developed in connection with the Site or available on the Site. You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained on our website(s) or the Service.
7. Member Profiles
Member Profiles are intended to be brief descriptions of a Member's interest and contact information. Any information you place on your Member Profile is accessible to anyone visiting the Site, unless you have made it private by checking the "Hide" box. You agree not to send transmissions through the Site that attempt to hide your identity or represent yourself as someone else.
8. Responsibility for Member Content
Gateserver does not as a policy review or screen any images, video, text, music, sound, audio files or other Member Content that a Member posts, displays or stores before they appear on the Site. Generally, Gateserver's automated machinery and computers index the Member Content. Gateserver does not endorse the content or views expressed in any Member Content and is not responsible or liable in any manner for any conduct by any Member or for any Member Content. You are solely responsible for the Member Content that you provide to Gateserver for hosting, display or access on the Site, on the Community Area and/or on your Private Member Area. This includes, without limitation, responsibility for the nature, content, subject matter, views that you express, display or publish in your Member Content. You agree not to use the Service for illegal purposes. Your use of the Site, the Service, and the products, services, information available on the Site, is subject to all applicable local, state, national and foreign laws and regulations, and international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States. You represent and warrant that (a) you have the right to enter into this Membership Agreement without any other approvals; (b) you have the right to use, upload, publish, display the Member Content linked to your user ID; (c) you have the right to grant the licenses granted herein; and (d) the use by Gateserver of the rights that you grant Gateserver in this Membership Agreement will not violate the rights of any third parties, including without limitation your employer and your clients.
9. Code of Conduct
Gateserver provides Members with storage space on the Site as a service to Members. Gateserver encourages the free exchange of ideas, but has established the following parameters for any Member Content. When using any area of the Site you agree not to post, send, transmit, upload, or otherwise publish any data, text, image, video, music, sound, audio file, text, or other content or material that: (i) Contains or displays any expression of bigotry, racism, or hatred, or is ethnically offensive, objectionable or inappropriate; (ii) Is or might be perceived by Gateserver or Gateserver members or users, as defamatory, libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable or inappropriate, including nudity, adult content, illegal content, content of a sexual nature, and unacceptable language; (iii) Is inconsistent with the values or the spirit of the Gateserver Community, as determined by Gateserver in its sole discretion; (iv) Interferes with anyone else's use of this Site (v) Contains links to your Member Private Area that promotes or does any of the above
10. Illegal Activities
It is Gateserver's policy that we may report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations .
11. Warranty, Disclaimer of Warranty
The Service and the Site, including all content, products, services and information made available or accessed through the Site, are provided "AS IS", with no warranties of any kind. Uploading, downloading or transmitting any Member Content or any other material, data, text, images, video, music, sound or audio files on the Site or through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal, or otherwise Gateserver makes no representation or warranty of any kind (a) that the Site or Service will meet your requirements; (b) that defects in the software for the Service will be corrected; (c) that the Service will be timely, secure, error free, uninterrupted; (d) that the Service or any content, product, services or information on the Site are accurate, correct, reliable or complete; (e) that Member Content or any material, data, text, images, video, music, sound, audio file, content or materials posted, displayed or stored on or through the Site will not be altered, deleted or damaged, or will be available for access, upload or download at all times or indefinitely; (f) as to the result that may be obtained from the use of the Service; (g) that the Site or the Service is free of viruses or other components that may infect, harm, or cause damage to computer equipment, data, software, or any other property when you access, browse, download from, upload to, or otherwise use the Service, the Site or any product or content on the Site Gateserver expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on, or available through the Site or the Service. Some jurisdiction to not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
12. Disclaimer of Damages;
Limitation of Liability Even if Gateserver, or any of its authorized representatives have been advised of the possibility of such damages, under no circumstances (including but not limited to Gateserver's negligence), shall Gateserver be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and/or causes of action, whether in contract, tort (including but not limited to negligence) or otherwise. related to: (a) the quality, reliability, accuracy, completeness, of the Service; (b) any modification, alteration, publication, display, failure to store, failure to index, loss, deletion, alteration, loss of access, or damages of or to your Member Content, computer equipment, software, data, or any text, image, video, music, sound, audio or other material that result from your use of the Site or the Service; (c) any harm, errors, omissions, cost, losses, or damages arising from the use of, or inability to use (whether because of interruption, suspension, termination or otherwise) of the Site, the Service, Member Content or any content, products, services or information provided on the Site (d) any failures, delays, mis-deliveries, or interruptions in the Service or any content, products, services or information on the Site; (e) any harm resulting from downloading or accessing any Member Content, or any other content, products, services or information provided on the Site; (f) any unauthorized access to or alteration of Member Content or any breach of security related to any server used by the Site or the Service; or (g) the cost of procurement of any substitute goods or services. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation may not apply to you. Some Members may have additional rights. If, despite the above limitations, Sony and/or Gateserver were found responsible to a Member for any reason whatsoever, this liability will not exceed one US dollar ($1.00 US).
13. Privacy
It is Gateserver's policy to respect the privacy of all of its customers. For more information, please see our full privacy policy
14. Site Content Domestic and foreign copyright, trademark, patents, and other intellectual property rights law and international treaties, and other laws, protect all material, data, text, images, photos, video, graphics, music, sound and audio files available on the Site ("Site Content"), both as individual works and as a collection. Unless authorized, you may not copy, reproduce, display, perform distribute, or create derivative works from the Site Content, without being expressly authorized to do so by the owners of the intellectual property or proprietary rights in such Content. You may download or use individual images, photos, video, graphics, music, sound, and audio files that are displayed in the Community Area of the Site only for personal non-commercial use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any part of the Site Content in any format, electronic or otherwise. 15. Copyrighted Material Gateserver respects the intellectual property of others, and requires that its users and Members do the same. You may not place any material protected by copyright anywhere on the Site without the express permission of the author or owner of the copyright in that material. Gateserver will promptly take down or block access to infringing or allegedly infringing material on its servers if Gateserver becomes aware that such material infringes the copyright rights of a third party, whether Gateserver identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party. Gateserver will promptly contact the Member responsible for the Member Content, and alert him or her of the allegations of infringement, and of Gateserver's take down or blocking of the allegedly infringing material. If the Member believes that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, the Member shall provide Gateserver a counter-notification establishing the Member's rights to display the material in question, as well as any other information Gateserver shall request. Upon receipt, Gateserver will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, Gateserver will re-post or unblock the material within a time period of Gateserver's choosing after receiving the counter notification. If you believe that your work has been copied in a way that constitutes copyright infringement, and appears on the Site, please provide G1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the Site; 4. your address, telephone number and email address; 5. a statement by you that you have a good faith belief that the disputed use is no authorized by the copyright owner, its agent or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner Gateserver's agent for notice of claims of copyright infringement on the Site is David Heywood who can be reached as follows:ateserver's copyright agent, designated below, the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the Site; 4. your address, telephone number and email address; 5. a statement by you that you have a good faith belief that the disputed use is no authorized by the copyright owner, its agent or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner Gateserver's agent for notice of claims of copyright infringement on the Site is David Heywood who can be reached as follows:
16. Indemnity
Since you are responsible for your Member Content and the consequences of its use and publication, you agree to indemnify and hold Gateserver, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against any and all claims, demands, and expenses, including attorneys' fees, made by any third party, due to or arising from: (a) your use of the Site or the Service; (b) your violation of this Membership Agreement; (c) your violation of a third party's privacy rights; (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or other intellectual property rights; (e) any libelous or unlawful material contained within your Member Content; or (f) your violation of this Membership Agreement.
17.Gateserver is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, errors, bugs, malicious code, failure of the Internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.
18. Termination of Service
If you object to any portion of this Membership Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any materials, data, text, images, video, audio, music, sound or other Site Content, or any transaction entered into through the Site or Service, your only recourse is to immediately discontinue use of the Service and notify Gateserver of such termination following our cancellation method completely. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Membership Agreement, or any dissatisfaction with the Service or the Site. Gateserver reserves the right, in its sole discretion, to terminate all or a portion of the Service at any time and for any reason. Gateserver reserves the right, in its sole discretion, to terminate your Membership in the Site, or to remove your Member Content (including unlisted, password protected and unassigned Member Content) or to edit, move, delete or remove any postings from the Site without prior notice for any cause or no cause in its sole discretion Any termination under any provision of this Membership Agreement may be effected without prior notice, and Gateserver may immediately delete and discard all of your Member Content, and/or bar any further access to such files on the Site or through the Service. Upon any termination of your Membership, or of this Membership Agreement, your right to use the Service will immediately cease. Gateserver will have no obligation thereafter to host or provide access to your Member Content, or to forward any materials stored through the Service or any unread or unsent messages. Gateserver may retain certain materials for administrative and other reasons.
19. Notices or Questions
All notices from a Member to Gateserver shall be in writing, and shall be made or delivered to Gateserver via email or conventional mail. If you have any question about the Service or this Membership Agreement, please feel free to contact us.
20. Choice of Law This Membership Agreement shall be constructed and controlled by the laws of the State of New Jersey, excluding its conflict of law provisions. With the exception of Gateserver's rights to pursue injunctive relief in any court of competent jurisdiction, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of New Jersey
21. General
This Membership Agreement constitutes an agreement between you and Gateserver with respect to the Service; and your Member Content, and it supersedes any other agreement, proposals and communications, written or oral, between you and any Gateserver representatives with respect to the Service and your Member Content If a court of competent jurisdiction holds that any provision of this Membership Agreement is illegal, unenforceable, or contrary to law, such provision shall be construed, as nearly as possible to reflect the original intent of this Membership Agreement, with the other provisions remaining in full force and effect Any failure by Gateserver to exercise or enforce any right or provision of this Membership Agreement shall not constitute a waiver of such rights or provision unless Gateserver acknowledges and agrees to it in writing. Gateserver may assign this Membership Agreement to any third party at its sole discretion. You shall not assign or sublicense the rights granted under this Membership Agreement without the prior written authorization of Gateserver. You and Gateserver agree that any cause of action arising out of, or related to the Service or the Site must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.
ADULT WEBSITES
This notice shall be applied to all websites automatically that contain the words adult, porn, sex, sexual, pornography, oral, anal, xxx or depict any nudity be it written, visual or audio in any combination on any medium. This site contains adult material that may be offensive to some individuals. The material on this server is adult oriented, sexually explicit and related to suit a mature audience. Beyond this warning page there are links to material of adult nature. Access is made available only to those who accept the terms of the following agreement. I do not find images of nude adults, or other sexual material to be offensive or objectionable. I am at least 18 years of age and have the legal right to possess adult material in my community. I understand the laws and standards set in my community, site and computer to which I am transporting this material, and am solely responsible for my own actions. Under perjury of law I solemnly affirm that I am over the age of 18 and that I am not accessing any adult website for the purpose of obtaining information that will be used by me or others in any capacity against the Webmaster of this site, host of this site, its owners, employees or any other parties associated with Gateserver. By continuing past this page I will have released and discharged the providers, owners and creators of this site from any and all liability which might arise. I am not a law enforcement agent or do I work at all with criminal law. If I use these services in violation of the above and below agreement, I understand I may be in violation of local and federal laws and am solely responsible for my own actions. I understand that bookmarks to a page on this server/site whereby this warning page is bypassed shall constitute an implicit acceptance of the foregoing terms herein set forth. All our websites should be considered Adult oriented and are only for individuals 18 years or older unless otherwise stated only for that particular instance, webpage, document, image, audio, video or item.
NON-DISCLOSURE AGREEMENT
Membership with Gateserver means you abide fully and agree totally with the following disclosure agreement information below. This agreement ("Agreement") is entered into as of registration by and between Gateserver and our "member" or "user" for the purpose of preventing the unauthorized disclosure of either party’s Proprietary and Confidential Information (as defined in this Agreement) which may be disclosed by either party to the other. In consideration of disclosure of Confidential Information, the parties agree as follows: "Confidential" or "Proprietary" or "Private" information shall mean the disclosing party information, software, Documentation or products in which the disclosing party claims a proprietary interest, related trade secrets, methods of expression, processes, the disclosing party trademarks and copyrights, and all materials labeled confidential or trade secret or which the receiving party is advised prior to disclosure are confidential or proprietary. "Derivative Works" shall mean software and other products based on preexisting software or products, such as a revision, compilation, translation, modification, abridgment, condensation, expansion, or any other form in which such preexisting works may be recast, transformed, or adapted, and that would constitute copyright infringement or other infringement of proprietary rights of others therein if prepared without the consent of the copyright proprietor of the pre-existing work. "Documentation" shall mean and include all written explanations, in hard copy or machine readable format, prepared by disclosing party to describe its products, services or other works. The receiving party shall hold and maintain Confidential Information in strictest confidence and in trust for the sole and exclusive benefit of disclosing party. The receiving party hereby recognizes the disclosing party’s proprietary interest in its Confidential or Proprietary or Private information, software, services and products, Derivative Works and Documentation. The receiving party agrees not to communicate, provide, disclose, transfer or otherwise make available during the term of this Agreement or any time thereafter, any information relating to the disclosing party’s trade secrets or Confidential Information which the receiving party may acquire or is disclosed to the receiving party under this Agreement, unless previously authorized in writing by the disclosing party. The restrictions contained herein shall not apply to (a) any information that is in the public domain through wrongful act of the receiving party, (b) any information that is disclosed to the receiving party by a third party having legitimate possession thereof and the unrestricted right to make such disclosure, (c) any information that receiving party can demonstrate was within its legitimate possession without any obligation to keep confidential prior to the time of disclosure under this Agreement, or (d) any information independently developed by the receiving party where the receiving party can establish that the development was accomplished without access to the disclosing party's information. For a period of three (3) years from the termination of this Agreement, the receiving party shall not disclose any information it receives from the disclosing party that is orally disclosed, or that is in written or visual form and which is marked Proprietary, Private or Confidential, or comparable legend, such as "Company Strictly Private" or "Company Internal Data" to any third party, except upon on a need to know basis, with the prior written approval from the disclosing party, and where such other party has executed a nondisclosure agreement with the receiving party that is in substantial conformity with this agreement, but which in no event provides less protection to the disclosing party than under this Agreement. The receiving party shall use the same degree of care to avoid disclosure or use of the Proprietary Information as the receiving party employs with respect to its own proprietary information of like importance. The receiving party acknowledges and agrees that any disclosure or misappropriation of any of the Confidential or Proprietary Information in violation of this Agreement may cause the disclosing party irreparable harm, the amount of which may be difficult to ascertain and, therefore, agrees that the disclosing party shall have the right to apply to a court of competent jurisdiction for any order restraining any such further disclosure or misappropriation and for such other relief as may be appropriate. Such right of the disclosing party is in addition to remedies otherwise available to the disclosing party at law or in equity. At the termination of the obligations under this Agreement, or upon the written request of the disclosing party, the receiving party shall either return to the disclosing party all confidential, Private and Proprietary Information, Derivative Works and Documentation received by the receiving party or the receiving party shall destroy such materials and all copies, and said destruction shall be certified in writing by officer of the receiving party. If any provision of this Agreement as applied to either party or to any circumstance, shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, unless such court decision defeats the purpose of this Agreement, the same shall in no way affect (to the maximum extent permissible by law) any other provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. Neither party may assign any rights nor delegate any duties under this Agreement without the other party’s prior written consent, and any attempt to do without that consent shall be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns. This Agreement terminates three (3) years from the verified cancelation date of a memeber or user. This Agreement is entered into in the State of Gateserver's mailing address and will be governed and construed according to the laws of that State, without regard to principles of conflicts of law. By becoming a member or user of Gateserver and but not limited to it's services, products, objects, items, websites, software, hardware you agree completely with all the terms of our NON-DISCLOSURE AGREEMENT FORM.
NON COMPETIVE AGREEMENT
For good consideration the member or user of Gateserver or its successors or assigns.
The term "not to compete" shall mean that the member or user shall now directly or indirectly compete with Gateserver by serving as an officer, owner, partner, director, agen, employee or consultant to any firm or entity substantially engaged in a business similar or competive to the business of Gateserver.
This agreement shall be immediately effictive from membership signup date and shall remain in effect for three (3) years from the date of membership cancelation and shall extend to the georgraphic location of North and South America, Asia, Caribbean, Mexico, Middle East, Europe, China, Russia, Africa, Alaska, Antartica, Atlatic Ocean, Passic Ocean, or Any location on or off planet earth. Membership with Gateserver asserts your agreement with our NON-COMPETITIVE AGREEMENT.
PRIVACY POLICY
Gateserver respect your ability to make informed choices about the collection and uses of your personal information. This privacy policy tells you about our online collection and uses of information that identifies you personally so that you can make an informed choice about using this site. The terms of this policy apply to www.gettyimages.com and other sites which Gateserver hosts or operates, unless different terms are specified in a form or contract provided to you online or off-line. Business users should refer to the terms and conditions of service/sale for any specific conditions governing Gateserver' use of business information. Those terms and conditions take precedence over this policy, and apply to all businesses, including sole proprietorships and other small business enterprises.
The websites of Gateserver' third-party content providers may have different privacy policies and practices from those disclosed here, and we encourage you to become familiar with them. This site is operated by Gateserver in the United States. By using this website, you understand and agree that (1) the information collected from this site may be retained indefinitely, and may be stored, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction; (2) Gateserver may use this information for a variety of purposes including direct marketing (unless you opt out of receiving direct marketing from Gateserver); (3) Gateserver may disclose this information to affiliates, subsidiaries, agents, third party content providers, and necessary payment processors, whose privacy policies and practices may be different from those of Gateserver, and for which Gateserver assumes no responsibility; (4) information about our customers, including personal information, may be disclosed as part of any merger, sale of the company assets or acquisition as well as in the unlikely event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company; and (5) we reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.
Information Collected From This Website
When you visit this website, some information, such as the site that referred you to us, your IP and email address, and navigational and purchase information, may be collected automatically as part of the site's operation. This information is used to generate user profiles and to personalize the website to your particular interests. On some occasions we may ask you to provide information on online forms. For example, we may ask for your username, password, place of birth, full name, telephone number, email address and postal address, or other information to register online, or for your credit card number or other personally identifying information to fulfill licensing transactions or to receive products or services. We may also ask you about your age, hobbies, income, gender or other information to participate in surveys or other online activities. Providing information on online forms is always voluntary, and you are free not to complete any online forms. If you choose not to, however, some products and services may not be available to you. Some states or laws may require notification of entries by hackers or individuals that did not have right to your information content held by Gateserver or it's affiliates. This includes any data held in Gateserver's possession encrypted or not. This agreement releases Gateserver of such responsibility. You must consider all information submitted onto a Gateserver website public domain to be use as is by anyone that gains access to our website.
Gateserver Projects/Programs
All programs and software developed by Gateserver shall apply our disclaimer contained within this document.
MEMBERSHIP CANCELLATION
All membership cancellations must be submitted via the cancellation form, email, faxed, or regular mail. Once a cancellation request is received you will receive an email with a receipt . This receipt is required in case there is a dispute regarding a cancellation. This is your only proof a request was made and it is up to you to present this Receipt as proof a request was made. Via form or email a Receipt should be received within a reasonable period of time. If you did not receive your receipt you may resubmit your request or contacts us using another method described.
FEES, SURCHARGES
All credit card transactions carry a transaction fee of approximately 3%. All credit card refunds carry a service fee of $15.00 or 10% of the total refund (whichever is higher). Each credit card chargeback carry a fee of $35.00. Fees are charged as Gateserver sees appropriate at a time of Gateserver's choosing. Failure to pay Gateserver at the time requested by Gateserver in the full amount specified may be deemed as a cancelation or termination of contracts, understandings, agreements, or arrangements with Gateserver. All shipped items that could not be delivered may incur a delivery fee and service fee not limited to the amount of the initial shipment.
MEMBERSHIP CONFIRMATION
Your agreement to these terms is either confirmed if any or all of the following conditions are met in any combination.
1) You register with Gateserver as a member, webmaster, or user.
2) You register with Gateserver and check some type of 'Agree to terms' option.
3) You login to Gateserver using your membership access credentials such as username, email, member id, access code, or password in any combination.
4) You sign the signature form below
5) You submit a signed form to Gateserver.
6) You submit credit card, account number, username, or any membership required information to Gateserver.
7) You own a website hosted by Gateserver
8) Gateserver is doing any work, service, job, or favor for you be it free or at a cost.
9) You filled out an online form or emailed Gateserver without initial Gateserver contact from Gateserver.
10) You link to our website or use our website(s) content(s), image(s), logo(s), or name(s). In signing up with Gateserver I agree fully with this document and I have read and understand all sections.
Name: __________________________________
Signature _______________________________
Date __________________________________
|
