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Terms And Conditions of Service
SUBSCRIBER POLICIES & PROCEDURES These Subscriber Policies and Procedures comprise the terms and conditions governing all profirefighter.com Subscribers. It is essential to understand and comply with each provision set forth herein. All profirefighter.com Subscribers must be and by executing the Subscriber Application and Authorization do hereby agree to be bound by the terms contained herein. The Service Providers, as defined in paragraph 1, reserve the right to amend these Policies and Procedures from time to time. Should you have any questions regarding these Policies and Procedures or any policy of the Service Providers, please consult the Service Providers. profirefighter.com SERVICE AGREEMENT TERMS: 1. The profirefighter.com service (the "Service") consists of computing services, software, information services, and information provided by profirefighter.com ("Service Providers"). The Service, which is provided under the service/product brand name profirefighter.com, also offers subscribers access to information and software that may be owned or made available by third parties. The terms and conditions of this service agreement constitute the entire agreement (collectively, the "Agreement") between the Service Providers and the subscriber with respect to the Service and supersede all other communications. Billing for the Service is provided by and through profirefighter.com. 2. Upon Notice published over the Service, the Service Providers may modify this Agreement, the Operating Rules or prices. The Service Providers may discontinue or revise any or all other aspects of the Services at their sole discretion and without prior notice. Current prices are guaranteed through 90 days of account creation. 3. Unless otherwise agreed, Subscriber's right to use the Service or to designate Subscribers is not transferable and is subject to any limits established by the Service Providers, or by Subscriber's credit card company if billing is through a credit card. 4. Subscriber agrees to indemnify the Service Providers against liability for any and all use of Subscriber's account. 5. Subscriber is responsible for and must provide all telephone and other equipment and services necessary to access the Service. 6. Subscriber shall pay to profirefighter.com, in accordance with the provisions of the Billing Option selected by Subscriber, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by Subscriber or its designated Subscribers at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. The Subscriber shall pay all applicable sales and use taxes relating to its and the designated Subscribers use of the Service. The Subscriber shall be responsible for all use of the Service accessed through Subscriber's or its designated Subscriber's password(s). 7. Subscriber EXPRESSLY AGREES THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENTS THEREOF, AND ANY STORAGE OR USE OF INFORMATION IS AT Subscriber's SOLE RISK. NEITHER THE SERVICE PROVIDERS, profirefighter.com, NOR ANY OF THEIR SUBSCRIBERS, LICENSORS, EMPLOYERS, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THE SERVICE PROVIDERS, profirefighter.com, OR ANY OF THEIR SUBSCRIBERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER THE SERVICE PROVIDERS, profirefighter.com, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.THE PROVISIONS OF THIS SECTION_7 WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. 8. Except as may be expressly permitted by the copyright owner(s), may not reproduce, redistribute, retransmit, publish, or otherwise transfer or commercially exploit any information which they receive through the Service. 9. The provisions of paragraphs 7 and 8 are for the benefit of the Service Providers and their Information Providers, Licensors, Employees and Agents, and each shall have the right to assert and enforce such provisions directly on its own behalf. 10. Subject to the terms of this Agreement, the Service Providers grant to Subscriber a personal, non-exclusive, nonassignable and nontransferable license to use and display the Service Provider's Information software ("Software") on any machine(s) of which Subscriber is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Subscriber may not sublicense, assign, or transfer this license or the Software. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. 11. This agreement is, and shall be governed by and construed in accordance with the law of the State of Washington applicable to agreements, made and performed in Washington. Any cause of action of Subscriber or its designated Subscribers with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred. 12. The Service Providers will bill Subscriber's credit card for Subscriber's monthly Subscribership fee and any additional online charges Subscriber incurs. Subscribers may choose, for any reason, to cancel their subscriptions by notifying the Service Provider profirefighter.com in writing. Cancellation notices must be received no later than 5:00 pm on the 25th of the month in order to be effective for the following month. INTERNET ACCESS POLICY: True Unlimited Internet Access: True Unlimited Internet Access is defined as unlimited "single user, attended usage". This means that if you are personally in front of your computer using the connection you may be connected as long as you like. This does not mean or imply that you are permitted to be connected 24 hours per day, 7 days per week. Any account that has been discovered to be using a ping bot, "keep-alive" program or automatic dial back system, (such as E-mail, chat and streaming media programs) will be shut off by the network. If your account is shut off by the network, it can be reactivated one time at no charge. Each additional time your account must be reactivated you will be charged a standard $10.00 fee. Reasonable Usage Clause: In addition to the above requirements, reasonable usage is defined as a standard account not exceeding the total aggregate time that would normally be incurred in the course of a month by a small business owner to run their business. Repeated monthly overuse will be considered abuse of service. NOTE: Multiple warnings will be cause for the account to be terminated. For purposes of this agreement, ABUSE is defined as engaging in any activity not in agreement to the above statement. Multiple logins with the same account will be deemed as ABUSE, Spamming is also deemed as ABUSE. The Service Provider reserves the right to provide warning on first occurrence or terminate account. If warning is provided, termination of account will occur immediately upon detection of second occurrence. The Service Provider reserves the right to NOT refund any portion of money credited on accounts when termination is due to ABUSE. EMAIL POLICIES profirefighter.com provides you with access to the Internet. Generally, the Internet consists of the following areas available through profirefighter.com: Email, News Groups, Gopher and WAIS, FTP, and the World Wide Web. The Internet is not owned, or operated by, or in any way affiliated with profirefighter.com or any of its affiliates, licensors, or service providers; it is a separate, independent network of computers and is not part of profirefighter.com. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Subscribers must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is a matter of common sense. Although the Service Providers do not control the Internet, your conduct on the Internet when using your profirefighter.com account is subject to the Service Providers'. Because profirefighter.com and the Service Providers strive to be good Internet citizens, profirefighter.com subscribers are prohibited from engaging in certain conduct on the Internet through or by means of profirefighter.com. The Service Providers reserve the right to prohibit conduct, communication, or Content on profirefighter.com which it deems in its discretion to be harmful to any Subscriber, the communities which comprise profirefighter.com, and third-parties' rights, or to violate applicable law. Notwithstanding the foregoing, neither the Service Providers, nor its Information Providers, have the practical ability to restrict conduct, communication or Content which might violate the profirefighter.com Rules prior to transmission on profirefighter.com, nor can they ensure prompt editing or removal of actually or potentially violating Content after online posting. Accordingly, you acknowledge that neither the Service Providers, profirefighter.com, nor any Information Provider shall assume or have any liability for any action or inaction by the Service Providers or any Internet Content Provider with respect to conduct, communication or Content on profirefighter.com. AGREEMENT This Agreement contains the full understanding of the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof shall be binding on either party unless in writing and signed by duly authorized representatives of the parties. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. By clicking the button below, you agree that you have read and agree with profirefighter.com's Operating Guidelines and the profirefighter.com Policies. Additionally, you are authorizing profirefighter.com to debit your account monthly for the charges related to your account. profirefighter.com is not responsible for any charges assessed by your local or long distance telephone service. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event shall profirefighter.com be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product. 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