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COMMUNITYSTEW™
SERVICE AGREEMENT READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING OUR SERVICES. 1. INTRODUCTION. CommunityStew (“CStew”) provides its services, as they may exist from time to time, (“Services”) to all end users who subscribe to the Services (“Groups”) as well as to their participating members and others who access their sites from time to time (“Users”). By establishing an account or using the Services, Groups and Users agree to be bound by this Agreement and to use the Services in compliance with this Agreement, CStew’s Acceptable Use Policy and other user policies. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Group, you must terminate your use of the Services under Section 10. 2. SUBSCRIPTION AND USE REQUIREMENTS. Group administrators must be at least 18 years old. Current prices for CStew’s Services are posted throughout our website at http://www.cstew.com. CStew reserves the right to change prices and institute new fees at any time. Users must be at least 13 years old, and their use of the Services indicates compliance with this requirement. Groups are responsible for making sure that Users of their Group sites comply with this requirement. 3. PAYMENT OBLIGATIONS OF A GROUP (This paragraph is applicable to groups only. Use of Stewdios are free to group members.)- (a) Groups must (i) provide CStew with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) immediately report to CStew all changes to this information. Groups are responsible for any charges to their account. (b) Groups having questions regarding charges to an account, should contact CStew’s Customer Service Department at service@cstew.com. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old. (c) Charges are payable in advance, in accordance with the payment plan (yearly, quarterly, etc.) agreed upon. Fees are non-refundable. (d) Charges are billed to Groups’ credit cards or debit cards, as applicable, as agreed for the basic service and any additional usage or services. CStew is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by CStew. (e) If paying by check, payments are due within 15 days after the first day of the month in which the charges are incurred. Accounts will be assessed a fee of $25 for all returned checks. (f) If you purchase Services through a reseller who in turns pays CStew, the reseller must pay all amounts owing for your account. If the reseller fails to pay CStew any amounts due - whether or not you have paid the reseller - your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. (g) Delinquent accounts will bear interest at the lesser of 1.5% per month or the maximum interest rate payable under applicable law, and may be suspended or canceled at CStew’s sole discretion; however, charges will continue to accrue until the account is paid. CStew may bill an additional charge to reinstate a suspended account. 4. GROUP’S ACCOUNT, PASSWORD AND SECURITY. Upon registration, Groups receive a user name, password and account designation. Groups and Users must comply with this Agreement. Groups must keep their passwords confidential so that no one else may access the Services through their account, and must notify CStew immediately upon discovering any unauthorized use. Groups are responsible for all authorized and unauthorized use of their account. Groups agree to designate an account administrator (by
default, the person creating the Group Stewdio) who will serve as CStew’s
contact for all matters related to the Group’s use of the Services. Notice to
the Group account administrator shall be deemed notice to the Group for all
purposes hereunder. At CStew’s option, all requests for service and technical
assistance must come through the Group account administrator. Using an account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Accounts exceeding 10MB in size may, at CStew’s discretion, be transferred to a compressed temporary file or storage. CStew may delete the temporary file from the server 60 days after notifying Group. Any account exceeding 225MB of traffic per day may be billed for excess traffic. You may establish a commercial or high-volume account by contacting service@cstew.com. CStew may change account parameters at any time. Usernames and passwords are CStew’s property and CStew may alter or replace them at any time. 5. MONITORING THE SERVICES. CStew has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if CStew, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests, operate the Services properly, or protect itself and its Groups. Please see our Privacy Policy. CStew may immediately remove any Group or User material or information from CStew’s servers, in whole or in part, that CStew, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy. 6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY. CSTEW IS A DISTRIBUTOR AND NOT A PUBLISHER OF CONTENT SUPPLIED BY GROUPS AND USERS. CSTEW HAS NO MORE EDITORIAL CONTROL OVER SUCH CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. GROUP SITES CONTAIN UNEDITED MATERIALS, SOME OF WHICH MAY BE SEXUALLY EXPLICIT, OFFENSIVE, INACCURATE OR INCOMPLETE. CSTEW HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. GROUPS AND USERS ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CSTEW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. CSTEW MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY CSTEW OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. CSTEW AND ITS EMPLOYEES, DIRECTORS AND REPRESENTATIVES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICES, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR LOST DATA. IN ANY EVENT, CSTEW’S CUMULATIVE LIABILITY TO ANY GROUP OR USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY SUCH GROUP OR USER DURING THE ONE YEAR PERIOD PRECEDING SUCH CLAIM. 7. SOFTWARE LICENSE. CStew grants to each Group and User a limited, non-exclusive, non-transferable and non-assignable license to use the CStew access software (including software from third-party vendors that CStew distributes) (in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Services. Each Group agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. CStew may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Group. The Licensed Programs constitute confidential and proprietary information of CStew and CStew’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with CStew and CStew’s licensors. Group shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof. Groups and Users may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. 8. WEBSITE USAGE. CStew’s site on the World Wide Web (with its home pages in the domains “CommunityStew.com”, “CStew.com”, “CranialStew.com”, and “Tuneshare.com”), its Group sites, and any other site operated by CStew (collectively, the “Website”) may provide links to other websites that are not under our control. (In general, any website which has an address or URL which does not contain “CStew.com”, “CranialStew.com”, CommunityStew.com and “Tuneshare.com” is such a website.) These links are provided for convenience only and are not intended as an endorsement by CStew of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website. Groups may provide a hypertext link to the Website (or to a Group site on the Website) on another website, provided that: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with CStew’s name and trademark(s), (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by CStew, (c) the link, when activated by a user, must display this Website full-screen and not within a “frame” on the linked website, and (d) CStew may, in its sole discretion, revoke consent to link to its Website at any time. All other hypertext links to the Website must be approved in writing by CStew. Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by CStew. CStew assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. Groups and Users agree to hold CStew harmless from all claims based upon the materials posted by others. Also, in exchange for availing themselves of the Services, they agree to indemnify CStew from any claims made by third parties regarding the material that they provide. Personal information posted by Groups and Users to the Website is posted at their own risk. CStew will have no liability arising from use of that information. Groups and Users shall not use the Website to distribute or publish any advertising of goods or services or other commercial messages without CStew’s consent. Groups and Users agree that they will not post, upload or otherwise introduce a virus or other harmful code onto the Website. Posting of material on the Website or providing material to CStew to use on the Website will be deemed to be a grant by Groups and Users to CStew of a license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and Groups and Users waive all rights of attribution and integrity with respect to the material. By using the Services Groups consent to the use and
disclosure of their Group names by CStew in customer lists and for advertising
and marketing purposes. 9. TERM OF AGREEMENT. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If a Group or User is dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, the sole and exclusive remedy is to discontinue using the Services and, if you are a Group, to terminate your account. 10. TERMINATION. Groups may terminate their account at any time and for any reason by providing notice of intent to terminate to CStew by email at service@cstew.com. No refund of prepaid fees will be made in the event of such termination. Charges to Group accounts will stop accruing at the end of the prepaid term in which CStew provides Group with a cancellation confirmation. Based on Group’s prepaid term, charges accrued prior to your termination may apply after receipt of a cancellation confirmation. Anything stored on Group sites will be deleted upon termination without liability. CStew may provide customized data download services to terminating Groups upon request and payment of a separate service fee. Without prior notice, CStew may terminate this Agreement, Group passwords, accounts, or your use of the Services if CStew, in its sole discretion, believes Group or its associated Users have violated this Agreement, CStew’s Acceptable Use Policy or any of the applicable user policies, or if Group fails to pay any charges when due. CStew may provide termination notice to Group by: email addressed to its email account or by US Mail or courier service to the address Group provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement. 11. JURISDICTION. Under California Civil Code Section 1789.3, Groups or Users who are residents of California are entitled to the following specific consumer rights information: Pricing Information. Current
rates for using the Services may be obtained at http://www.cstew.com.
CStew reserves the right to change the fees, surcharges, monthly membership fees
or to institute new fees at any time. This Agreement is governed by Colorado law without regard to conflict of law provisions. The federal and state courts located in Denver, Colorado alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. Groups and Users consent to the personal jurisdiction of such courts sitting in Denver, Colorado with respect to such matters, and waive all rights to removal or consent to removal. 12. MISCELLANEOUS. This Agreement, the Acceptable Use Policy, the Privacy Policy, and CStew’s other user policies posted on the Website constitute the entire agreement between Groups and Users and CStew with respect to use of the Services. CStew may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the Website and/or sent by email to Groups. Ver. 08/21/2001
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