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By visiting www.elbowspace.com's web site, each visitor accepts and agrees to be bound by these Terms and Conditions.
www.elbowspace.com reserves the exclusive right, exercisable in its sole discretion, to add features, or discontinue
any www.elbowspace.com features at any time without notice.
ElbowSpace Inc. reserves the exclusive right, exercisable at any time, without notice, to amend, add to, delete from,
alter or otherwise change these Terms and Conditions in such manner as ElbowSpace Inc., in its sole discretion,
shall determine appropriate for in www.elbowspace.com services. The Internet site www.elbowspace.com may not
contain the most current form of the Terms and Conditions. The current form of the Terms and Conditions may be obtained
by e-mailing a request to the Webmaster .
Subject to the terms and conditions of this Agreement, ElbowSpace Inc. grants you a limited, non-exclusive,
non-sublicensable, non-transferable license to use the Application in accordance with this Agreement. You are prohibited
from modifying, translating, decompiling, disassembling or reverse engineering or otherwise attempting to determine the
source code or any other information pertaining to the Application, or the creative or derivative works of the Application.
This prohibition applies to any changes, alterations, and improvement that ElbowSpace Inc. may implement, from
time to time.
ElbowSpace Inc. reserves the exclusive right, exercisable at any time, to disqualify, prevent or otherwise refuse
to allow any visitor, individual or entity from participating in a www.elbowspace.com service.
NEITHER ElbowSpace Inc., NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR
SERVICES CONTAINED ON www.elbowspace.com, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE
ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, THAT www.elbowspace.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF www.elbowspace.com OR AS TO THE ACCURACY,
RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH
www.elbowspace.com AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. USE OF
www.elbowspace.com IS AT YOUR SOLE RISK.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS APPLY 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
www.elbowspace.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL www.elbowspace.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
ANY CONTENT OR SERVICES CONTAINED ON www.elbowspace.com, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE www.elbowspace.com, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF www.elbowspace.com OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH www.elbowspace.com OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO www.elbowspace.com, EVEN IF ElbowSpace Inc. WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY ElbowSpace Inc. PURSUANT TO THIS AGREEMENT,
OR IN ANY OTHER WAY CONCERNING www.elbowspace.com, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED
SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF www.elbowspace.com.
UNDER NO CIRCUMSTANCES WILL www.elbowspace.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
ANY CONTENT OR SERVICES CONTAINED ON www.elbowspace.com, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH
www.elbowspace.com. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONSIDER DOUBLE CHECKING THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH www.elbowspace.com.
PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION,
ADVICE OR OTHER CONTENT.
You understand and agree that all data collected using the Service will be stored on ElbowSpace Inc.'s servers. ElbowSpace Inc. assumes no responsibility for the loss of any data or other information included by you on the Service.
PCI Compliance Liability Limits.
You, that utilize the optional PCI Services offered by the ElbowSpace Inc. maintain that ElbowSpace Inc. is not liable for any damages
that may occur due to compromised systems, applications, or other intrusion that results in customer's customer credit card
data being released to the public. You agree that PCI certification and or compliance is solely your responsibility and much
of becoming PCI compliant or certified is out of the direct control of the ElbowSpace Inc. Youwill hold harmless ElbowSpace Inc.
from any legal actions as a result of your negligence, errors, loose security policies, and/or bad luck where
the your card holder data, or your customer card holder data was the target of an attacker. ElbowSpace Inc. makes
no guarantee on ensuring the your operation is PCI compliant or certified, ElbowSpace Inc. only provides a vehicle for to which
you can obtain PCI certification and status. No other warrantees are expressed or implied for our PCI service.
You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to you through the Site or the Service ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by ElbowSpace Inc., and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.
You acknowledge and agree that all custom software, developed in-house, immediately becomes the property of ElbowSpace Inc., and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Reservation of right to modify fees.
ElbowSpace Inc. reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Credit card charge-backs for form processings.
In the event of a charge-back to ElbowSpace Inc. by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the form processing shall be transferred to ElbowSpace Inc. as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such form(s) including, without limitation, the right to make the form(s) available to other parties for purchase. ElbowSpace Inc. also reserves the right to lock your account and the remainder of your form(s) until a payment is made to cover any administrative fees or chargeback fees in the amount of $100. In ElbowSpace Inc.'s sole discretion, it may reinstate your form processing, subject to ElbowSpace Inc.'s receipt of the registration fee and any reinstatement fees ($100) imposed by ElbowSpace Inc.
Credit card charge-backs for non-form processing services.
In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-form processing fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until a payment is made to cover any administrative fees or chargeback fees in the amount of $100. In ElbowSpace Inc.'s sole discretion, it may reinstate your services, subject to ElbowSpace Inc.'s receipt of the non-form processing fee and any reinstatement fees ($100) imposed by ElbowSpace Inc.
Indemnification of ElbowSpace Inc.. You will indemnify, hold harmless, and defend ElbowSpace Inc. and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of: (a) your breach of this Agreement or any of ElbowSpace Inc.'s policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name
(and this indemnification is in addition to any indemnification required under the Dispute Policy). "Reasonable attorneys' fees and costs" as used in this Section 14 includes without limitation fees and costs incurred to interpret or enforce this Section 14. ElbowSpace Inc. may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. ElbowSpace Inc. will provide you with reasonably prompt notice of any Claim.
Agents, Resellers and licensing.
You agree that, if you are registering our form processing service to someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Agreement. Further, you agree that if you license the use of the form processing service registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you remain fully liable for any actions of the licensee using the domain.
The following sites are strictly prohibited:
Sites containing material not belonging to you, foul language, hate propaganda,
anything illegal, mail fraud, pyramid schemes, or insults to other persons or companies.
Sites containing material that is grossly offensive to the Web community, including
blatant expressions of bigotry, racism, hatred, or profanity, or for promoting or providing
instructional information about illegal activities, or promoting physical harm or injury
against any group or individual.
Sites selling illegal weapons and sites of terrorist organizations.
Sites related to hacking, warez, capturing passwords, capturing credit card numbers.
ElbowSpace Inc. makes no guarantee of the availability of this service.
Member must not resort to SPAM to promote his/her website.
You may not e-mail/instant message the links of the forms hosted by us (using our form hosting feature), to anyone unsolicited.
Failure to abide by the above conditions will result in the immediate termination of membership.
All contents of this Web Site are: Copyright© 2007 ElbowSpace Inc., Phoenix, AZ. All rights reserved.
All other product and company names appearing on www.elbowspace.com may be the tradenames, trademarks or registered
trademarks of their respective owners.
If you have any questions regarding these Terms and Conditions, please send your e-mails to the firstname.lastname@example.org.
| © Copyright 2007, ElbowSpace Inc.|