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FOR USE OF WWW.BADPUPPY.COM

Badpuppy Enterprises, Inc. provides this site and related services subject to your compliance with the terms and conditions set forth below. Please read the following information carefully:

This agreement represents the complete agreement and understanding between Badpuppy Enterprises, Inc., (hereinafter "Badpuppy" or "the Company"), its affiliates, successors and assigns, and you the BadPuppy account holder (hereinafter called User) for your use and enjoyment of www.badpuppy.com, (hereinafter "badpuppy.com"), and all of the content as may be contained thereunder, and supersedes any other written or oral agreement. Upon notice published on-line ( http://www.badpuppy.com/copyright ) Badpuppy may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue, change or replace services offered.

Web Copyright Information. All pages within this Internet site ("Site") are the property of Badpuppy Enterprises, Inc and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Badpuppy.

Trademark Notice. "Badpuppy Enterprises, Inc."and the "Badpuppy" logo are trademarks and service marks of Badpuppy. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

If you do not agree to these terms and conditions, please notify our Accounting Department at 1-321-631-9500 during normal office hours so we can terminate your account. Failure to notify Badpuppy shall constitute your approval.

1. All individuals accessing badpuppy.com represent to Badpuppy that they are 18 years of age or older. Certain material available on the internet through badpuppy.com may not be suitable for individuals under the age of 18. It is absolutely prohibited for any user or entity to transmit the images of anyone under 18 years of age through or on the Site, and such conduct will result in immediate termination of your account without refund.

2. User understands further that the internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. Badpuppy has no control over and accepts no responsibility whatsoever for such materials.

3. Information transmitted through badpuppy.com and through the Internet in general is not confidential. Therefore, Badpuppy cannot and will not guarantee privacy or guarantee protection of any user. The Company reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of the Company, or in order to comply with the law. The Company will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.

4. Warranty Disclaimer. Badpuppy exercises no control whatsoever over the content of the information on its website. Use of any information obtained via badpuppy.com is at your own risk. Neither Badpuppy nor any of its licensors, employees or agents warrants that the service will be uninterrupted or error free; nor does Badpuppy or its licensors, employees or agents make any warranty as to the results to be obtained from use of the service.

This site, including any content or information contained within it or any site-related service, is provided "as is" with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of this site and site-related services.

Badpuppy, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the site, site-related services and/or content or information contained within the site. Your sole remedy for dissatisfaction with the site and/or site-related services is to stop using the site and/or those services.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of badpuppy.com, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Although Badpuppy attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Badpuppy so that it can be corrected.

5. User agrees to indemnify and hold without harm Badpuppy, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized.

6. Badpuppy’s Internet connections and all other services provided to the user by Badpuppy may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. or state regulation or law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, child pornography, or material protected as a trade secret. User agrees to indemnify and hold harmless Badpuppy from any claims resulting from your use of the service which damages you or another party.

7. The right to use badpuppy.com is not transferable. Accounts are for your use only! User is responsible for the confidentiality of user's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil or criminal law.

8. Badpuppy's services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. Badpuppy DOES NOT ALLOW users to run Maillist, Listserv or any form of auto-responder from a users shell. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and Badpuppy will not be tolerated. When Badpuppy becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Badpuppy may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of Badpuppy following payment of a reconnection charge.

9. Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.

10. Payment Terms:

  • The User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused free hours do not accrue from one month to the next. Failure to use this account(s) does not relieve the user of payment obligations.
  • Credit Card customers agree to allow Badpuppy to bill such card on each successive billing date automatically after the initial charge and account setup. User agrees to allow Badpuppy to make the automatic monthly charge without separate authorization from the account holder. Credit Card customers shall notify Badpuppy of any changes in Credit Card Number or expiration date. If the card is not honored for any reason Badpuppy will attempt to notify the card holder from information given at sign-up. Badpuppy may also attempt to contact the card holder ONE time, via the email address provided at subscription. If alternative billing is not established within seven (7) days the account will be terminated. Re-establishment of the account will be subject to a $5.00 reconnection fee.
  • If payment is by check, payment due dates are indicated on your invoice, which will arrive via email and contains your user identification and password. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If payment is not received within 7 days of the due date, service will be terminated.
  • Badpuppy has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event Badpuppy utilizes an attorney to collect such sums, the user shall be responsible for the payment of all of Badpuppy attorneys' fees and costs in pursuing the collection of these sums.
  • Badpuppy reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the user on a pro-rata basis.
  • The User must notify Badpuppy in writing to cancel service. Fees for any setup and the first month's service are not refundable, unless the customer is unsuccessful in using the account and notifies Badpuppy within ten days of establishing said service.
  • In addition to any price for services, Customer shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished hereunder or to their use by customer.
  • 11. Linked Internet Sites. Badpuppy is not responsible for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the User’s own risk.

    12. Postings. Badpuppy is under no obligation to review any messages, information or content ("Postings") posted on the site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Badpuppy may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:

  • Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
  • Advertisements or solicitations of any kind.
  • Messages posted by users impersonating others.
  • Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
  • Messages by non-spokesperson employees of Badpuppy purporting to speak on behalf of Badpuppy.
  • Messages that offer unauthorized downloads of any copyrighted or private information.
  • Multiple messages placed within individual folders by the same user restating the same point.
  • Chain letters of any kind.
  • 13. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

    14. Miscellaneous. This Agreement is entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Brevard, in the State of Florida, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of Badpuppy shall continue in force even in the event of termination of these Terms and Conditions on other grounds. Badpuppy’s failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions. The duties and obligations contained herein at paragraphs 4, 5, 6, 10, and 11 will survive any termination hereof.

    15. Entire Agreement/Modification. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Badpuppy may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.

    16. By the use of a BadPuppy account the User accepts the terms and conditions set forth in this agreement.

    17. These Terms and Conditions were last changed July 07, 2002.

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