The FTC Web Sites are offered to you conditioned
on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the FTC Web Sites
constitutes your agreement to all such terms, conditions, and
notices. Your use of a particular FTC Web Site included within the
FTC Web Sites may also be subject to additional terms outlined
elsewhere in this agreement (the "Additional Terms").
Additionally, the FTC Web Sites or various third party providers may
themselves contain additional terms, codes of conduct or guidelines
that govern use of those sites, including without limitation,
particular features or offers (for example, sweepstakes or chat
areas).
In the event that any of the terms, conditions, and notices
contained herein conflict with the Additional Terms or other terms
and guidelines contained within any particular FTC Web Site, then
these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection
and use of your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular FTC Web Site, or any product or service offered on
any FTC Web Site (each a "FTC Site/Service", and collectively "FTC
Sites/Services") requires you to open an account, you must complete
the registration process by providing us with current, complete and
accurate information as prompted by the applicable registration
form. You then will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for
any and all activities that occur under your account. You agree to
notify FTC Networks, LLC immediately of any unauthorized use of your
account or any other breach of security. FTC Networks, LLC will not
be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by
FTC Networks, LLC or another party due to someone else using your
account or password. You may not use anyone else’s account at any
time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
FTC Networks, LLC reserves the right to change the terms,
conditions, and notices under which the FTC Sites/Services are
offered, including but not limited to the charges associated with
the use of the FTC Sites/Services. You are responsible for regularly
reviewing these terms and conditions and additional terms posted on
particular websites. Your continued use of the FTC Sites/Services
constitutes your agreement to all such terms, conditions, and
notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the FTC Sites/Services are for your
personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the FTC Sites/Services.
Without the advance express written permission of FTC, you may not
‘meta-search’ the FTC Sites/Services, send, or cause to be sent, any
automated queries of any sort to the FTC Sites/Services, or use the
FTC Sites/Services in any commercial manner. “Automated queries”
shall include but not be limited to using any software that sends
queries to any FTC Sites/Services to determine how a web site
“ranks” on any FTC Sites/Services.
LINKS TO THIRD PARTY SITES
The FTC Sites/Services may contain images of and links to third
party Web sites ("Linked Sites"). The Linked Sites are not under the
control of FTC Networks, LLC is not responsible for the contents of
any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. FTC
Networks, LLC is not responsible for webcasting or any other form of
transmission received from any Linked Site nor is FTC Networks, LLC
responsible if the Linked Site is not working appropriately. FTC
Networks, LLC is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by FTC
Networks, LLC of the site or any association with its operators. You
are responsible for viewing and abiding by the privacy statements
and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included
within the FTC Sites/Services or participation in promotions,
including the delivery of and the payment for goods and 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. FTC Networks, LLC shall not
be responsible or liable for any part of any such dealings or
promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FTC Sites/Services, you will not
use the FTC Sites/Services for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use
the FTC Sites/Services in any manner that could damage, disable,
overburden, or impair any FTC Site/Service(s) (or the network(s)
connected to any FTC Site/Service(s)) or interfere with any other
party's use and enjoyment of any FTC Site/Service(s). You may not
attempt to gain unauthorized access to any FTC Site/Service, other
accounts, computer systems or networks connected to any FTC
Site/Service, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the FTC
Sites/Services.
USE OF SERVICES
The FTC Sites/Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, groups, personal web
pages, calendars, photo albums, file cabinets and/or other message
or communication facilities designed to enable you to communicate
with others (collectively, "Communication Services"). You agree to
use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related
to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service,
you will not:
• Use the Communication Service in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name,
material or information that incites discrimination, hate or
violence towards one person or a group because of their belonging to
a race, a religion or a nation, or that insults the victims of
crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consents to do the same.
• Use any material or information, including images or photographs,
which is made available through the FTC Sites/Services in any manner
that infringes any copyright, trademark, patent, trade secret, or
other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software or
programs that may damage the operation of another's computer or
property of another.
• Use of meta tag searches on the web sites.
• Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
• Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
• Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is
uploaded.
• Restrict or inhibit any other user from using and enjoying the
Communication Services.
• Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including
e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity any directory of users of an FTC Site/Service(s)
or other user or usage information or any portion thereof.
FTC Networks, LLC has no obligation to monitor the Communication
Services. However, FTC Networks, LLC reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. FTC Networks, LLC reserves the
right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
FTC Networks, LLC reserves the right at all times to disclose any
information as FTC Networks, LLC deems necessary to satisfy any
applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or
materials, in whole or in part, in FTC Networks, LLC's sole
discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Service. FTC Networks, LLC does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, FTC Networks, LLC specifically disclaims any liability
with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Room
Operators, hosts and Webmasters are not authorized FTC Networks, LLC
spokespersons, and their views do not necessarily reflect those of
FTC Networks, LLC.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination, you
are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO FTC Networks, LLC OR POSTED AT ANY FTC WEB
SITE
FTC Networks, LLC does not claim ownership of the materials you
provide to FTC Networks, LLC (including feedback and suggestions) or
post, upload, input or submit to any FTC Site/Service or its
associated services for review by the general public, or by the
members of any public or private group, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you
are granting FTC Networks, LLC, its affiliated entities and
necessary sub licensees permission to use your Submission in
connection with the operation of their Internet businesses
(including, without limitation, all FTC Sites/Services), including,
without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish your name in
connection with your Submission; and the right to sublicense such
rights to any supplier of a FTC Site/Service.
No compensation will be paid with respect to the use of your
Submission, as provided herein. FTC Networks, LLC is under no
obligation to post or use any Submission you may provide and FTC
Networks, LLC may remove any Submission at any time in its sole
discretion.
By Posting a Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE FTC SITES/SERVICES
All content and software (if any) that is made available to view
and/or download in connection with the FTC Sites/Services, excluding
content and/or software that may be made available by end-users
through a Communication Service, ("Software") is owned by and is the
copyrighted work of FTC Networks, LLC and/or its suppliers and is
protected by copyright laws and international treaty provisions.
Your use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the
Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, FTC
Networks, LLC hereby grants to you, the user, a revocable personal,
non-transferable license to use the Software for viewing and
otherwise using the particular FTC Site/Service in accordance with
these Terms of Use, and for no other purpose provided that you keep
intact all copyright and other proprietary notices. Any reproduction
or redistribution of the content and/or Software is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You
acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export
control laws and regulations of the USA. You agree not to export or
re-export the Software, directly or indirectly, to any countries
that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE FTC SITES/SERVICES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE FTC
SITES/SERVICES AND TO THE INFORMATION THEREIN. FTC Networks, LLC
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE FTC SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE FTC
SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FTC Networks, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED WITHIN THE FTC SITES/SERVICES FOR ANY PURPOSE.
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FTC
Networks, LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT FTC Networks, LLC SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT
SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN FTC
SITE/SERVICE. YOU SPECIFICALLY AGREE THAT FTC Networks, LLC IS NOT
RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU SPECIFICALLY AGREE THAT FTC Networks, LLC IS NOT
RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN FTC
SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL FTC Networks, LLC AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FTC
SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE FTC
SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FTC
SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE FTC
SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF FTC Networks, LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE FTC SITES/SERVICES, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FTC
SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that FTC Networks, LLC may establish limits concerning use
of any FTC Service offered on an FTC Web Site, including without
limitation the maximum number of days that e-mail messages will be
retained by any FTC Service, the maximum number of e-mail messages
that may be sent from or received by an account on any FTC Service,
the maximum size of an e-mail message that may be sent from or
received by an account on any FTC Service, the maximum disk space
that will be allotted on FTC Networks, LLC's servers on your behalf
either cumulatively or for any particular service, such as for
storing digital photographs, and the maximum number of times and
duration you may access any FTC Service in a given period of time.
You agree that FTC Networks, LLC has no responsibility or liability
for the deletion, corruption or failure to store any messages or
other content maintained or transmitted by any FTC Service. You
acknowledge that the features, parameters (for example, the amount
of storage available to users) or existence of any FTC service may
change at any time. You acknowledge that FTC Networks, LLC reserves
the right to sign out, terminate or delete your accounts for any
particular Web site or service within FTC that are "inactive" for an
extended period of time. "Inactive" means that you have not signed
in to a particular service for an extended period of time, as
determined by FTC Networks, LLC, in its sole discretion. The amount
of time that FTC Networks, LLC currently considers as an "extended"
period of time is determined based on the particular FTC Web site or
FTC Service within FTC to which it pertains, and may be viewed in
the FAQ, or other user information relating to the particular
service.
FTC Networks, LLC MAKES NO WARRANTY THAT ANY FTC SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
FTC Networks, LLC reserves the right, in its sole discretion, to
terminate your access to any or all FTC Sites/Services and the
related services or any portion thereof at any time, without notice.
FTC Networks, LLC may also terminate or suspend your access to FTC
Site/Service(s) for inactivity, as set forth, above, in "Storage
Space and Other Limitations." FTC Networks, LLC shall have no
obligation to maintain any content or to forward any unread or
unsent messages to you or any third party.
NO SPAM; DAMAGES
FTC Networks, LLC may immediately terminate any account which it
determines, in its sole discretion, is transmitting or is otherwise
connected with any 'spam' or other unsolicited bulk email. In
addition, because damages are often difficult to quantify, if actual
damages cannot be reasonably calculated then you agree to pay FTC
Networks, LLC liquidated damages of five dollars (US$5.00) for each
piece of 'spam' or unsolicited bulk email transmitted from or
otherwise connected with your account. Otherwise you agree to pay
FTC Networks, LLC's actual damages, to the extent such actual
damages can be reasonably calculated. You agree that FTC Networks,
LLC may charge such damages to your selected Payment Method, as set
forth in the FTC Networks, LLC Billing section, below.
GENERAL
Claims for enforcement, breach or violation of duties or rights
under this agreement shall be adjudicated under the laws of the
State of California, without reference to conflict of laws
principles. All other claims, including without limitation claims
under or for violation of state consumer protection laws, unfair
competition laws, and in tort, shall be adjudicated under the law of
your state of residence. You hereby irrevocably consent to the
exclusive jurisdiction and venue of courts in Los Angeles County,
California, U.S.A. in all disputes arising out of or relating to the
use of the FTC Sites/Services. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and FTC Networks, LLC as a result of this agreement or use of the
FTC Sites/Services. You agree to indemnify and hold FTC Networks,
LLC, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising out
of your use of or conduct on the FTC Sites/Services. FTC Networks,
LLC reserves the right to disclose any personal information about
you or your use of the FTC Sites/Services, including its contents,
without your prior permission if FTC Networks, LLC has a good faith
belief that such action is necessary to: (1) conform to legal
requirements or comply with legal process; (2) protect and defend
the rights or property of FTC Networks, LLC or its affiliated
companies; (3) enforce the terms or use; or (4) act to protect the
interests of its members or others. FTC Networks, LLC's performance
of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of FTC
Networks, LLC's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the FTC
Sites/Services or information provided to or gathered by FTC
Networks, LLC with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and FTC
Networks, LLC with respect to the FTC Sites/Services and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
FTC Networks, LLC with respect to the FTC Sites/Services. A printed
version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records
originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the FTC Web Sites are: Copyright © 2002-2004 FTC
Networks, LLC and/or its suppliers. All rights reserved.
TRADEMARKS. FTC Networks, LLC, FTC Networks, LLC Web Sites and other
FTC Networks, LLC products and services referenced herein may also
be either trademarks or registered trademarks of FTC Networks, LLC
in the United States and/or other countries. The names of actual
companies and products mentioned herein may be the trademarks of
their respective owners.
The example companies, organizations, products, domain names, e-mail
addresses, logos, people, places and events depicted herein are
fictitious. No association with any real company, organization,
product, domain name, e-mail address, logo, person, places or events
is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to
Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
FOR INFORMATION REGARDING THE FTC Networks, LLC PRIVACY STATEMENT
CLICK HERE.
ADDITIONAL TERMS:
Subscription-Based Content
Some contents and/or services on FTC may be offered to you
conditioned on your purchase of a subscription. If you elect to
purchase subscription-based content/services and transmit to FTC
Networks, LLC a subscription purchase request, you warrant that all
information that you submit is true and accurate (including without
limitation your credit card number and expiration date), and you
agree to pay all subscription fees you incur plus all applicable
taxes. You may cancel your subscription to any fee-based content
and/or services by contacting FTC Billing. If you have purchased an
automatically renewing subscription, you will not be charged the
monthly subscription fee thereafter (but there are no refunds of
subscription fees previously paid). No cancellation of access to
free content and/or services or to non-renewing subscriptions is
required. Your subscription is personal to you and the members of
your household, and you may not transfer or make available your
account name and password to others, including without limitation
your co-workers. Any distribution by you of your account name and
password may result in cancellation of your subscription without
refund and in additional charges based on unauthorized use.
To Unsubscribe from the Newsletter
Go to http://ftcchat.com/newsletter/ (coming soon) and sign in, or
register if you haven't yet. At the end of the pages listing your
personal information, you will be presented with a check-box list of
options. Click the checked box beside the newsletter to clear it;
this will unsubscribe you from the newsletter.
FTC EXTRA STORAGE SERVICE
FTC Extra Storage Service ("Extra Storage Service"), is a FTC
service offering extra storage space for your Personal e-mail
account and for your associated FTC Groups. In order to sign-up for
the Extra Storage Service, you must have an existing FTC Personal
account. Your Account will be charged, and you agree to pay, the
amount as specified in the Extra Storage Service description. The
Extra Storage Service is provided on a year-to-year basis commencing
on the date that you accept this Agreement.
The amount you pay for the Extra Storage Service is not refundable
even if you choose to cancel the Extra Storage Service prior to the
one year anniversary of the subscription. If you do not notify FTC
of your cancellation prior to the expiration of the then current
term of the Extra Storage Service, your credit card will be
automatically charged for another year of the Extra Storage Service.
This offer cannot be resold to any other person or third party as it
is specific to the user who directly purchases it.
FTC Networks, LLC may immediately terminate your Personal account,
at any time, without notice, if FTC in its sole discretion concludes
that you have provided false information in connection with your
Billing Service Account, are engaged in fraudulent or illegal
activities, are engaged in activities that may damage the rights of
FTC Networks, LLC or others, or are otherwise in violation of this
Agreement. If your Billing Service Account is terminated for any
such reasons stated above, the charge for this FTC Extra Storage
Service is not refundable.
The FTC Extra Storage Service and its benefits are offered at the
discretion of FTC Networks, LLC has the right to modify or
discontinue, temporarily or permanently, the Extra Storage Service,
in whole or in part, for any reason, at its sole discretion, with or
without notice to you. You agree that FTC Networks, LLC will not be
liable to you or any third party for any modification or
discontinuance of the FTC Extra Storage Service.
If you choose to cancel the FTC Extra Storage Service, then on the
expiration date of the one year anniversary of your acceptance of
this Agreement, your Personal account will revert to the storage
size of a regular Personal account. New e-mails will not be
delivered to you until your Personal account has been reduced to the
storage size of a regular Personal account mailbox. You will receive
notification from Personal when you are nearing your then applicable
limit giving you the opportunity to delete some messages. If you do
not use your account on a regular basis, your e-mail will be stored
for the year of your subscription, then if you do not continue your
subscription, and your account is not used on a regular basis, the
contents of your account may be deleted.
If you choose to cancel the FTC Extra Storage Service, then on the
expiration date of the one year anniversary of your acceptance of
this Agreement, your FTC Groups storage quota will revert to the
default storage quota for FTC Groups. If you have exceeded your
quota and you attempt to upload additional files, you will be
prompted to first delete files to reduce your quota below the limit.
If you choose to cancel your account (or if your account is canceled
because you have not paid the annual charge), you will be required
to delete your files to ensure you are now within the default
storage quota for FTC Groups. If after 30 days of cancellation, you
have not yet deleted your own files, FTC will delete any files that
take your storage over the default limit, starting with the oldest
files first. Any files that are deleted are not retrievable by FTC
Networks, LLC at any time. Any of your files associated with FTC
Groups that are deleted due to inactivity will automatically reduce
your quota. The FTC Extra Storage Service does not prevent any FTC
Groups from being deactivated due to inactivity.
FTC COUNSELING
FTC Counseling is provided to you in association with third party
mental health services. Accordingly, FTC Counseling is also subject
to the Terms and Conditions put forth by such third party health
services providers.
Crime Statistics
Any crime statistics provided by Online Data Services have been
collected from federal, state, and local law enforcement agencies.
The accuracy of the statistics as obtained from these agencies is
assumed to be correct, but is not guaranteed. The ratings in the
form of school grades published by Online Data Services are the
result of a comparison of the crime activity in a particular
vicinity to the overall crime activity in its surrounding area. No
inferences should be drawn regarding the likelihood of a crime
occurring or not occurring at a particular location based on the
statistics or grade published by Online Data Services. An above
average grade does not imply that a particular location is not
subject to crime.
FTC Personal
This Terms of Use applies to the FTC Personal web site and services.
When you use the Personal web site and services you agree to abide
by these Terms and any additional terms, conditions and notices
appearing on the Personal web site.
FTC MOBILE
Your wireless carrier may charge service fees for alerts, text
messaging (including receiving/sending instant messages and e-mail),
web browsing and other services that require the use of airtime and
wireless data services. FTC Mobile provides services and information
on selected wireless carriers for your convenience only and we
recommend that you check with your wireless carrier to verify the
fees that may apply to your wireless device plan. FTC Networks, LLC
does not endorse or recommend the services of any wireless carrier.
The wireless carrier is solely responsible for the services it
provides to you.
E-mail and instant message alerts that you receive on your device
may be delayed during transmission over the Internet, or by other
causes. The accuracy and timeliness of any FTC Mobile service is not
guaranteed or warranted by FTC Networks, LLC or its suppliers.
Please be sure to refer to the appropriate alert terms for a
specific FTC Web Site included in the Additional Terms if you have
questions about specific alerts.
Specific Restrictions on Use of Associated Press Material
Associated Press text, photo, graphic, audio and/or video material
shall not be published, broadcast, rewritten for broadcast or
publication or redistributed directly or indirectly in any medium.
Neither these AP materials nor any portion thereof may be stored in
a computer except for personal and non-commercial use. AP will not
be held liable in any way to you or to any third party or to any
other person who may receive information in the FTC Web sites or to
any other person whatsoever, for any delays, inaccuracies, errors or
omissions therefrom or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing or
occasioned thereby.
FTC SHOPPING (eShop)
FTC Shopping provides the merchants' links to you at http://ShopFTC.com
and various links throughout FTC; however, each individual merchant
participating at FTC Shopping is responsible for setting and
explaining their individual shipping, return, security and other
policies applicable to shopping in their stores and purchasing their
products. FTC does not guarantee, warrant or endorse any product or
service sold by a merchant in FTC Shopping, nor do we have any
liability or responsibility for the quality or performance of any
product or service sold to you by any merchant. The purchase of any
product or service from a merchant at FTC Shopping is a transaction
solely between you and that merchant, and any question or dispute
you may have regarding any such product or service should be
addressed directly to the responsible merchant. FTC has no
responsibility or liability for any merchant or your relationship
with such merchant.
You are responsible for paying the entire amount due on your
purchase, including any applicable taxes, shipping and other charges
assessed by the merchant. With respect to applicable taxes, the
merchant will advise you subsequently of the exact amount of tax due
on your purchase. FTC has no responsibility whatsoever for any
miscalculation or omission by a merchant of applicable taxes on any
sale.
You represent and warrant that you are at least 18 years of age and
that you possess the legal right to use FTC Shopping in accordance
with the stated terms and usage policies. You hereby agree to
supervise usage by, and be responsible for the actions of, any
minors who use your computer and/or registration account to access
FTC Shopping.
FTC PHOTOS
In addition to the warranty and representation set forth in these
Terms of Use, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole or in
part ("Pictures"), you warrant and represent that (a) you are the
copyright owner of such Picture, or that the copyright owner of such
Picture has granted you permission to use such Picture or any
content and/or images contained in such Picture consistent with the
manner and purpose of your use and as otherwise permitted by these
Terms of Use and the FTC Site/Services, (b) you have the rights
necessary to grant the licenses and sublicenses described in these
Terms of Use, and (c) that each person depicted in such Picture, if
any, has provided consent to the use of the Picture as set forth in
these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of
such Picture. By Posting a Picture, you are granting (a) to all
members of your private group (for each such Picture available to
members of such private group), (b) to the general public (for each
such Picture available anywhere on the FTC Web Site, other than a
private group), and/or (c) to any person with whom you share
Pictures through e-mail using the FTC Site/Services, permission to
use your Picture in connection with the use, as permitted by these
Terms of Use, of any FTC Site/Service, (including, by way of
example, and not as a limitation, downloading, printing and making
prints and gift items which include such Picture), and including,
without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Picture
without having your name attached to such Picture, and the right to
sublicense such rights to any supplier of such FTC Site/Service. The
licenses granted in the preceding sentences for a Picture will
terminate at the time you completely remove such Picture from the
FTC Web Site, provided that, such termination shall not affect any
licenses granted in connection with such Picture prior to the time
you completely remove such Picture. No compensation will be paid
with respect to the use of your Picture."
FTC Networks, LLC BILLING
Charges on your Billing Account
FTC Networks, LLC bills you through an online account (your "Billing
Account") for services and items obtained under this Agreement (the
"Products"). You agree to pay FTC Networks, LLC all charges at the
prices then in effect for any Products ordered by you or other
persons (including your agents) using your Billing Account, and you
authorize FTC Networks, LLC to charge your chosen payment method
(your "Payment Method") for such Products. You agree to make payment
using that selected Payment Method. Charges on your Billing Account
will be summarized for you online (your "Online Statement"). You
will have one Online Statement per Billing Account. FTC Networks,
LLC reserves the right to correct any errors or mistakes that it
makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR
BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST
PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT
CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS,
CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST
PROMPTLY NOTIFY FTC Networks, LLC IF YOUR PAYMENT METHOD IS CANCELED
(E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL
BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF
YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE
AT HTTP://FTCCHAT.NET IF YOU FAIL TO PROVIDE FTC Networks, LLC ANY
OF THE FOREGOING INFORMATION, YOU AGREE THAT FTC Networks, LLC MAY
CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING
ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH
PRODUCT (CONFIRMED IN WRITING UPON REQUEST).
Currency exchange settlements will be based on your Payment Method
and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen
Payment Method (the "Payment Method Provider"). If FTC Networks, LLC
does not receive payment from your Payment Method Provider, you
agree to pay all amounts due on your Billing Account upon demand.
Prices for all Products exclude all applicable taxes and
telecommunication charges, unless expressly stated otherwise. To the
extent permissible by law, you agree to be responsible for any
applicable taxes and telecommunication charges, whether or not such
amounts are itemized on your Online Statement or charged to your
Billing Account or Payment Method.
If the amount to be charged to your Billing Account varies from the
amount you preauthorized, you have the right to receive, and FTC
Networks, LLC shall so provide, notice of the amount to be charged
and the date of the charge at least 10 days before the scheduled
date of the transaction. Any agreement you have with the Payment
Method Provider will govern your use of your Payment Method. You
agree that FTC Networks, LLC may accumulate charges incurred and
submit them as one or more aggregate charges during or at the end of
each billing cycle.
FTC Networks, LLC MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY)
WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR
NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED
THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH
NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FTC Networks, LLC
REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR
PAYMENT METHOD, GO TO http://FTCChat.com/members/ .
Your non-termination or continued use of the Products on your
Billing Account reaffirms that FTC Networks, LLC is authorized to
charge your Payment Method. FTC Networks, LLC may submit those
charges for payment and you will be responsible for such charges.
Those submissions will not waive FTC Networks, LLC's right to seek
payment directly from you. Your charges may be payable in advance,
in arrears, per usage, or as otherwise described when you initially
ordered the applicable Product.
Refund Policies
Subject to any withdrawal right you may have under applicable law,
charges are non-refundable unless the price plan terms expressly say
otherwise. Except as otherwise required by law, the costs of any
returns if permitted will be at your expense.
FTC Networks, LLC will use commercially reasonable efforts to
correct any technical failures relating to an Online Statement
within a reasonable time; however, your inability to view an Online
Statement does not extend, or relieve you of, your obligation to pay
any amounts owing to FTC Networks, LLC. Unless you notify FTC
Networks, LLC of any error within 120 days after it first appears in
any Online Statement, such statement will be deemed accepted by you
for all purposes, including resolution of inquiries made by your
Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE
FTC Networks, LLC FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS
RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO FTC Networks, LLC
WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE
STATEMENT.
Due Date: Late Charge; Collection Costs
The amount due to FTC Networks, LLC for your Billing Account must be
paid in full by your Payment Method Provider on the date such
payment is requested by FTC Networks, LLC, not later than 30 days
after the billing date; you are not entitled to carry forward a
balance. You agree to pay late charges that may be assessed by FTC
Networks, LLC on amounts due but not timely paid. The late charge
will be 1% per month (or 12% per annum) on the total amount due but
not paid; but if such rate is in excess of any allowable rate under
applicable laws, then you will instead be charged the maximum rate
that is permitted by law. FTC Networks, LLC reserves the right to
refer your Billing Account to a third party for collection in the
event of default. You agree to pay all costs incurred in the
enforcement of this Agreement and in collection of any delinquent
amounts due, including reasonable attorneys' fees and costs.
Default
If FTC Networks, LLC does not receive payment for any charge to your
Billing Account, you will be in default and FTC Networks, LLC may
suspend or cancel your Billing Account and your access to any or all
FTC Networks, LLC Products. If your Payment Method Provider seeks
return of payments previously made to FTC Networks, LLC, but FTC
Networks, LLC in good faith believes that you are liable for the
charge and applicable law allows the Payment Method Provider to seek
payment from you, you will also be in default and FTC Networks, LLC
may cancel your Billing Account and your access to any or all
Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT
PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, FTC
Networks, LLC MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION
YOU HAVE STORED ON A FTC Networks, LLC SERVICE MAY NOT BE RETRIEVED
AT A LATER DATE.
Termination, Cancellation or Suspension
FTC Networks, LLC may, in its discretion, terminate, cancel, or
suspend an accepted order if FTC Networks, LLC is notified that your
Payment Method has expired or has been canceled, or if FTC Networks,
LLC has reason to believe that any Billing Account information
provided to FTC Networks, LLC is untrue, inaccurate, not current or
incomplete. Termination, cancellation or suspension, whether by you
or FTC Networks, LLC, will not alter your obligation to pay all
charges made to your Billing Account before such termination,
cancellation or suspension (including charges made after termination
by you but before FTC Networks, LLC could reasonably act on your
termination notice ). You will not be entitled to any refunds upon
termination, cancellation or suspension unless the applicable
agreement expressly so provides.
General
You represent and warrant that: (1) you are at least 18 years of age
or the age required or allowed under applicable law for making a
legal and binding contract; (2) all information that you submit is
true and accurate (including without limitation information relating
to your Payment Method); and (3) you are an individual (or in the
case of an entity, an agent of the entity) authorized to use the
designated Payment Method. You agree to pay for all charges
(including charges by other persons) and to comply with your
responsibilities and obligations as stated in this Agreement. If you
are an agent of an entity user, you represent and warrant that you
are duly authorized to legally bind the entity to all terms and
conditions of this Agreement and that you have made the entity aware
of them. You agree not to assign, transfer or sublicense any rights
in your Billing Account. FTC Networks, LLC may: (1) generate print
copies of its electronic records and introduce them in evidence as
original documents; and (2) prove your agreement or consent in any
manner, including without limitation, by showing that a procedure
existed by which you must have provided consent or engaged in
conduct to obtain the applicable Products.
STANDARD ADVERTISING TERMS AND CONDITIONS
Your use of the FTC Network constitutes acceptance of the FTC
Network Standard Advertising Terms and Conditions.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form
ALL INFORMATION THAT FTC Networks, LLC IS REQUIRED BY LAW TO SEND TO
YOU REGARDING THE SUBSCRIPTIONS, SERVICES AND OTHER ITEMS PROVIDED
TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT
INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"),
AND ANY OTHER INFORMATION PROVIDED TO YOU FROM FTC Networks, LLC,
WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. FTC Networks, LLC
WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM
EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR
SIGN-UP FOR SUBSCRIPTIONS, SERVICES OR OTHER ITEMS UNDER THIS
AGREEMENT; (2) BY ACCESS TO A FTC Networks, LLC WEB SITE THAT WILL
BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE
INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW,
BY ACCESS TO A FTC Networks, LLC WEB SITE THAT WILL BE GENERALLY
DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
Requesting Paper Copies
You may request a paper copy of any Required Information previously
provided to you in electronic form by FTC Networks, LLC for a period
of one hundred and twenty (120) calendar days from the date that FTC
Networks, LLC first provided the Required Information to you;
however, FTC Networks, LLC may charge a reasonable fee for providing
such paper copies.
Hardware and Software Requirements
In order to receive Required Information electronically from FTC
Networks, LLC, you must have an e-mail address and submit it to FTC
Networks, LLC upon sign-up for any subscription, service or other
item provided under this Agreement. Your computer also must have
either Internet Explorer 5.x (or above) or Netscape Navigator 6.x
(or above) and an e-mail software program capable of sending and
receiving e-mail from FTC Networks, LLC via the Internet. Finally,
your computer must be capable of receiving, accessing, displaying,
and either printing or storing, Required Information received in
electronic form from FTC Networks, LLC via a plain text-formatted
e-mail or by access to a FTC Networks, LLC web site using one of the
browsers specified above.
Changes to Hardware and Software Requirements
In the event that there are any changes to the hardware and software
requirements listed above that are likely to have a significant
impact on your ability to receive, access, display, store, and print
Required Information that FTC Networks, LLC sends to you in
electronic form, FTC Networks, LLC will notify you of these changes.
In such case, you will be required to reconfirm your agreement to
receive, and your ability to access, such Required Information in
electronic form in order to avoid any disruption in the
subscriptions, services or other items provided to you under this
Agreement. You may, however, always choose to withdraw your consent
to receive Required Information in electronic form according to the
instructions set forth without the imposition of any fees, but FTC
Networks, LLC may terminate your Billing Account and any
subscriptions, services or other items provided to you if you do so.
Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT
TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED
TO YOU FROM FTC Networks, LLC, SOLELY BY ELECTRONIC COMMUNICATION.
YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND
SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING,
DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED
INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED FTC Networks,
LLC A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.
YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY
VIEWING THE WEBSITE AT HTTP://FTCCHAT.NET AND FOLLOWING THE
INSTRUCTIONS WITHIN. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS
CONSENT, FTC Networks, LLC MAY TERMINATE YOUR BILLING ACCOUNT AND
ANY SUBSCRIPTIONS, SERVICES OR OTHER ITEMS PROVIDED TO YOU UNDER
THIS AGREEMENT.
Call Toll Free: 1-877-798-8684 ext 504
FTC Network Websites
Terms of Use
AGREEMENT BETWEEN YOU AND THE
FTC Networks, LLC
(Last Updated: February 2009)
The FTC Web Site is made up of various Web sites and Web pages
operated by the FTC Networks, LLC (collectively, the "FTC Web
Sites"). This Terms of Use and Notices applies to the FTC Web Site
and does not apply to the content of third parties.