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This Web site is provided to you free of charge, "as is," by Fat City Network Services.
By using the information, services and products available through this Web site, you are agreeing to the terms and conditions contained herein.
LIABILITY DISCLAIMER
The information, services and products available to you on this Web site may contain errors and are subject to periods of interruption. While Fat City Network Services does its best to maintain the information, services and products it offers on the Web site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of this Web site.
Fat City Network Services PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL Fat City Network Services BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF Fat City Network Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEB SITE.
USE OF MAILING LISTS AND MESSAGE BOARDS
This Web site contains certain mailing lists and message boards that are provided as a free service to users who agree to abide by the following terms and conditions. Fat City Network Services assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material on a message board contained on this Web site. In addition, it does not endorse any opinions or recommendations posted by others. The information posted here is the responsibility of the person or persons posting the message. Any user who violates the terms and conditions listed herein may be permanently banned from posting messages herein. Further, Fat City Network Services reserves the right to change these terms and conditions at any time and for any reason.
You are entirely responsible and liable for any message you post or any message that is posted through your Account. You agree to refrain from the following actions while using a mailing list or message board on this Web site:
1. harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity;
2. transmitting any information, data, text, files, links, software, chat, communication or other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable;
3. impersonating any person, including but not limited to a Fat City Network Services employee;
4. posting or transmitting any advertising, promotional materials, or any other forms of solicitation, including but not limited to "junk mail," "spam," "chain letters," or unsolicited mass distribution of email;
5. posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others;
6. starting a thread on a mailing list or message board that has to do with a stock or stocks (any message found under such thread may be deleted without prior notice);
7. providing false information on your registration form, or impersonating someone else.
8. posting improper messages that are not related to that particular message thread.
9. violating any applicable local, state, national or international law.
You agree that Fat City Network Services in its sole discretion may remove posts by you or terminate your Account if it believes that you may have in any way violated the terms and conditions contained herein, or any subsequent modifications. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. Fat City Network Services shall not be liable to you or any third party for the termination of your account or any claims related to your termination. Fat City Network Services does not prescreen, monitor or edit messages posted on its mailing lists or message boards. Nonetheless, Fat City Network Services reserves the right to monitor or remove any information transmitted or received through the mailing lists or message boards. We rely on our users to bring violations to our attention, although we do not guarantee any action based upon such information.
Should you object to any of the terms and conditions set forth herein or any subsequent modifications or become dissatisfied with the mailing lists or message boards in any way, your only recourse is to immediately: (1) discontinue use of the mailing lists or message boards; (2) terminate your account; and (3) notify Fat City Network Services of termination by sending an email to support@fatcity.com. Continued use of the mailing lists and message boards is an acceptance of the terms of use and any subsequent changes.
DISCLAIMER OF WARRANTIES FOR MAILING LISTS AND MESSAGE BOARDS
YOU EXPRESSLY AGREE THAT USE OF MAILING LISTS AND MESSAGE BOARDS CONTAINED ON THIS WEB SITE IS AT YOUR OWN RISK. Fat City Network Services SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE MAILING LISTS OR MESSAGE BOARDS. Fat City Network Services EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Fat City Network Services MAKES NO WARRANTY THAT ITS MAILING LISTS AND MESSAGE BOARDS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MAILING LISTS AND MESSAGE BOARDS ON THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Fat City Network Services, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE MESSAGE BOARDS CONTAINED ON ITS WEB SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON CONTENT CONTAINED IN ITS MAILING LISTS AND MESSAGE BOARDS. Fat City Network Services, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SERVICE E-MAILS
Fat City Network Services reserves the right to send Members service e-mails notifying the Member of operational or other changes that may affect or significantly change the current services offered. Please note that Members cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of Members' Accounts.
INDEMNIFICATION
You agree to indemnify and hold Fat City Network Services, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the message boards on Fat City Network Services' Web sites, the violation of these terms and conditions by you, or the infringement by you, or other user of the mailing lists or message boards using your computer, of any intellectual property or other right of any person or entity. Fat City Network Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
COPYRIGHTED INFORMATION
The mailing lists and message boards on these Web sites may contain material that has been copied from another individual or entity. Please contact us if you believe someone has posted copyrighted information on a message board contained on these Web sites.
TERMINATION
Fat City Network Services reserves the right to terminate your Account at any time or for any reason, with or without notice. Once your Account is terminated, you agree not to post on the mailing lists and message boards, or to assist or cause another person to post messages on your behalf.
MISCELLANEOUS
These terms and conditions shall be governed by and construed in accordance with the laws of the state of California, U.S., and you agree to submit to the personal jurisdiction of the courts of the state of California. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the message boards contained on these Web sites, or the use of these Web sites, must be filed within one year after such claim or cause of action arose.
COPYRIGHT AND TRADEMARK NOTICES
All contents in these Web sites are Copyright © 1993-2000 Fat City Network Services. All rights reserved.
Fat City Network Services is a trademark of Fat City Network Services. All other marks that appear throughout these Web sites belong to Fat City Network Services and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout these Web sites without the express written permission of Fat City Network Services is strictly prohibited.
You should also read about Fat City Network Services Privacy Policy.
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