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Terms of Service
This site is hosted by Digital Miracles L.L.C., a Texas Limited
Liability Corporation domiciled at 1805 Cranbrook Drive S.
Colleyville, TX 76034. The following terms and conditions apply to
all persons and/or business entities ('Subscribers') using the
services the of Digital Miracles L.L.C. website ('Digital
Miracles').
General Information: Your registration with, or continued use
of, Digital Miracles' services constitutes your agreement to these
terms and conditions and any disclaimers of warranty. Digital
Miracles reserves the right, to modify, alter and update these Terms
of Use at any time and you agree to be bound by such modifications,
alterations, and updates. You agree to review these Terms of Use on
a periodic basis.
Part A: Use of Services
1. License: Digital Miracles grants you, the subscriber, a
non-exclusive, non-transferable, limited license to its services.
2. Subscriber Responsibilities: You agree to not use
the Service to:
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a.
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upload, post, email, transmit or
otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable;
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b.
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harm minors in any way;
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c.
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impersonate any person or entity,
including, but not limited to, a Digital Miracles official,
forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
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d.
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forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service;
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e.
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upload, post, email, transmit or
otherwise make available any Content that you do not have a
right to make available under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
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f.
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upload, post, email, transmit or
otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
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g.
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upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in
those areas (such as the mail subscription area) that are
designated for such purpose;
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h.
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upload, post, email, transmit or
otherwise make available any material that contains software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications
equipment;
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i.
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disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to
engage in real time exchanges;
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j.
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interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
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k.
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intentionally or unintentionally violate
any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
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l.
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"stalk" or otherwise harass
another; or
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m.
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collect or store personal data about
other users.
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Failure to comply with this provision may result in
immediate suspension or termination of your Digital Miracles
account.
3. Copyright: COPYRIGHT 1995-2003 ALL RIGHTS
RESERVED. All material on this site is protected by copyrights.
Unauthorized copying, reproduction, republishing, posting, or
duplicating of any of the material is prohibited. The Digital
Miracles site contains copyrighted material, trade secrets, and
other proprietary software and documentation. You may not decompile,
reverse engineer, disassemble, or otherwise reduce the software to a
human-perceivable form. You may not modify, rent, lease, loan, sell,
distribute, or create derivative works based on Digital Miracles in
whole or in part.
All rights, titles, and interests in downloaded software and/or
information are and shall remain the exclusive property of the
stated owners. You may not upload or reproduce in any way
information protected by copyright without obtaining permission of
the copyright owner. Only files that you own, public domain files,
and files in which the author has given expressed consent for
on-line distribution, may be uploaded to Digital Miracles libraries.
Failure to comply with this provision may result in immediate
suspension or termination of your Digital Miracles account.
Submissions containing copyrighted material must designate all
such material with the copyright symbol "©". These
entries will remain owned by the party that submits them, and that
party bears all responsibility of maintaining such copyrighted
material. Digital Miracles shall not be held responsible for users
copying such material. All material submitted without copyright
notice becomes the property of Digital Miracles.com.
4. Submission Policy: Submissions made to
Digital Miracles will become the property of Digital Miracles.
Digital Miracles reserves the right to relocate submissions, or
place submissions in categories, edit submissions, or exclude
submissions.
5. Linked Sites: Linked Sites are for your convenience
only and you access them at your own risk. Digital Miracles is not
affiliated with such sites and is not responsible for Linked Sites
content.
Part B: General Provisions:
1. Termination: Service may be terminated by
either Digital Miracles or the subscriber. Subscribers may terminate
service by sending written notice to Digital Miracles using either
electronic or conventional mail. Termination will be effective on
the day that Digital Miracles receives the notice or on the future
date specified in the notice. Digital Miracles may terminate any
service with at least 10 days advance notice.. If subscribers
terminate a prepaid account, subscribers forfeit any remaining
balances on the prepaid accounts. Subscribers are liable for any
charges incurred by them until termination. Digital Miracles
reserves the right to terminate service without notice upon a breach
of Digital Miracles's terms and conditions or misuse of any kind.
2. Monitoring Accounts: Digital Miracles does not monitor any
subscriber's account. However, Digital Miracles, at its sole
discretion, reserves the right to review or edit any material or
information submitted for display or placed on Digital Miracles
server, with the exception of private electronic messages that will
be reviewed only if required to do so by law. Digital Miracles may
terminate immediately the account of any subscriber who misuses any
Digital Miracles services.
3. Limitation of Liability: Digital Miracles does not
warrant that the services or the information or programs contained
on Digital Miracles server will meet your requirements or that the
operations of Digital Miracles server will be uninterrupted or
error-free; nor does Digital Miracles make any warranty as to the
results obtained from the use of Digital Miracles services.
UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL
Digital Miracles BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO
USE Digital Miracles OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATIONS OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR
NOT CAUSED BY EVENTS BEYOND DIGITALMIRALCES' REASONABLE CONTROL,
INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE
FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECORDS,
PROGRAMS, OR SERVICES.
In no event shall Digital Miracles' total liability for all damages,
losses, and causes of actions, whether in contract, tort, including
negligence, or otherwise exceed $1.
Warranty
1. Disclaimer of Warranties: YOU USE Digital Miracles
AT YOUR SOLE RISK. THESE SERVICES ARE PROVIDED 'AS IS' AND WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
AN Digital Miracles EMPLOYEE OR ITS AGENTS SHALL CREATE A WARRANTY.
2. Indemnity: You shall hold Digital Miracles harmless
from any claims and expenses, including reasonable attorneys' fees,
related to your violation of these terms and conditions.
3. Notices : Digital Miracles notices to subscribers
may be given by means of electronic messages through the Internet,
or by a general posting on Digital Miracles server. All notices to
Digital Miracles from subscribers should be made in writing using
this FORM
4. General Provisions: Should any of these terms and
conditions be held to be void, invalid, unenforceable, or illegal by
a court, the validity or enforceability of the other provisions
shall not be affected thereby. Additional terms and
conditions may be specified as a condition of use of certain of the
Digital Miracles features; you agree to review these terms and
conditions on a periodic basis.
Failure of either party to enforce any provision of these terms and
conditions shall not constitute or be construed as a waiver of such
provision or of the right to enforce such provision.
5. Miscellaneous: The agreement between Digital Miracles and
the subscribers shall be governed by and construed in accordance
with the laws of the State of Delaware. These terms and conditions
constitute the entire agreement between the parties with respect to
the use of Digital Miracles services.
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