BEFORE YOU CLICK ON THE "I AGREE" CHECK-BOX
PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT, INCLUDING
LINKS CAREFULLY.
BY CLICKING ON THE "I AGREE" CHECK BOX YOU
ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS
OF THIS SUBSCRIBER AGREEMENT.
Subscriber Agreement
The Web site located at http://www.ffastorm.com ("Site") is
provided by FFAStorm.com. Your access to and use of the Site is governed by
this Subscriber Agreement ("Agreement"). As used in this Agreement,
"FFAStorm.com," "we," "us'" or "our"
refers to FFAStorm.com, and "you" or "your" refers to you,
the user of the Site. The Agreement below is the agreement you consented to
upon subscribing to the site. The Agreement does not apply to use of the
publicly available Web Site maintained by FFAStorm.com.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been
assigned a particular username and password in accordance with FFAStorm.com's
username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL
ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT
TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree
that all actions taken by you, or any other user that accesses the Site using
your username and password, at or through the Site will be attributed to and
legally bind you, even with respect to acts for which the user had no actual
authority or made an error. You assume all resulting liability from use of the
Site and any services available on it by you or others using your username or
password. If you lose your username or password, please contact us at:
trey@safelistworld.com.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site. Your
subscription will continue and renew automatically, unless terminated by
FFAStorm.comor until you notify FFAStorm.com by email or as designated on the
Site of your decision to terminate your subscription. If there are any annual,
monthly, or similar periodic fees for your subscription, these fees will be
billed automatically to the credit card designated during the registration
process for the Site or subsequently designated by you to FFAStorm.com, at the
start of the annual, monthly, or similar period, and at the start of each
renewal period, unless you terminate your subscription before the relevant
period begins. You agree to pay or have paid all fees and charges incurred in
connection with your username and password for the Site (including any
applicable taxes) at the rates in effect when the charges were incurred. All
fees and charges are nonrefundable. FFAStorm.com may change the fees and
charges then in effect, or add new fees or charges, by giving you notice in
advance. All fees and charges incurred in connection with your FFAStorm.com
username and password will be billed to the credit card designated during the
registration process for the Site or subsequently designated by you to
FFAStorm.com. If you want to designate a different card or there is a change in
credit card validity or expiration date, or if you believe someone has accessed
the Site using your username and password without your authorization, you may
email us at trey@safelistworld.com. You are also responsible for any fees or
charges incurred to access the Site through an Internet service provider or
other third party service. YOU, AND NOT FFAStorm.com, ARE RESPONSIBLE FOR
PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT
AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are
incorporated herein by this reference. Please read it now at the link on our
site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or
other message or communication facilities ("Communication Services")
designed to enable you to communicate with others. You agree to use the
Communication Services only to submit or post messages and material that are
proper and, when applicable, related to the particular Communication Service.
You are also prohibited from submitting to, posting or transmitting through
FFAStorm.com any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically,
or otherwise objectionable material of any kind, including but not limited to
any material that encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable local, state,
national, or international law. Content that consists of or contains software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam" is prohibited. You may not use a
false email or postal address, impersonate any person or entity, or otherwise
mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available by third
parties are those of the respective authors or distributors and not of
FFAStorm.com nor its affiliates, not any of their officers, directors,
employees, or agents. You acknowledge that FFAStorm.com does not pre-screen all
content, but that FFAStorm.com and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any content that is
made available via the Communication Services. Without limiting the foregoing,
FFAStorm.com and its designees shall have the right to remove any content that violates
this Agreement or is otherwise objectionable. You specifically agree that
FFAStorm.com is not responsible for any content sent using and/or included in
the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of FFAStorm.com (or material
that other suppliers have licensed to FFAStorm.com for their use) which is
protected by copyright and other laws respecting proprietary rights.
FFAStorm.com retains all rights in the material and media, including (without
limitation) all copyright and other proprietary rights worldwide in all media.
You may not use FFAStorm.com except as expressly permitted under this Agreement
and under
End users who are duly authorized may Access FFAStorm.com for individual
use, i.e., may view the information on screen; may download small portions of
the information to a computer disk for personal convenience and later
reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the
Copyright Act and do not include any rights to reproduce in its entirety any
portion of the information or materials contained therein. No part of the
information may be duplicated in any medium or format beyond the express terms
of this Agreement without prior written authorization from FFAStorm.com. Any
use not authorized by the Agreement is prohibited and is not a fair use under
the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained
therein) is highly proprietary in nature and that unauthorized copying,
transfer or use may cause FFAStorm.com and/or FFAStorm.com’s suppliers
irreparable injury that cannot be adequately compensated for by means of
monetary damages. You agree that any breach of this provision by you, or any
subscriber or end-user, may be enforced by FFAStorm.com, and/or any of FFAStorm.com’s
suppliers, by means of equitable relief (including, but not limited to,
injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may
enforce its rights against you, even though that supplier is not a party to the
Agreement.
You may not and may not permit others to: reproduce, publish, distribute,
sell, or otherwise access or use any material retrieved from or contained in or
on this Site in any manner whatsoever that may infringe any copyright or
proprietary interest of FFAStorm.com; distribute the information contained in
and/on this Site to other users not duly authorized to Access the Site;
distribute, rent, sublicense, lease, transfer or assign the information or
Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or
information contained in or on this Site or any software contained therein, or
alter, translate, modify, or adapt it to create derivative works. Unauthorized
reproduction, transfer, and/or use may be a violation of criminal as well as
civil law.
You are expressly prohibited from placing or installing any portion of the
information on any electronic media, including, but not limited to, local or
wide area networks, timesharing services, multiple processing units, multiple
site arrangements, service or software rental bureaus, list servers, online
services, electronic bulletin boards or forums, World Wide Web sites or any
other server that is Internet-enabled, without written authorization by
FFAStorm.com.
If you breach any provision of this Agreement, FFAStorm.com may immediately
terminate this Agreement and all licenses granted hereunder without prior
notice and in addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to
NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are
capable of copying large portions of content from the Site. FFAStorm.com can
detect the use of these systems through live logfile analysis and will ban any
future use by offenders.
b. Use robots and crawlers, or similar technology, without following the
robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we will ban any
offenders. If you are using a robot/crawler to check FFAStorm.com links, it
must operate according to the robot guidelines (see above). Do not leave new
robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt
to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large
load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating
specifically to the Site;
f. Access the Site by any means other than through the interface that is
provided by FFAStorm.com, or attempt or access any area of the Site to which
your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source
code relating the Site, except to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by
FFAStorm.com. While we use commercially reasonable efforts to provide accurate
information, FFAStorm.com gives no warranty as to the accuracy of the database
and other content on the Site. FFAStorm.com reserves the right to withdraw or
delete information or content from the Site at any time.
8. Links to Third Party Sites
FFAStorm.com does not endorse the content on any third-party Web site,
including Web sites of FFAStorm.com's affiliates ("Third-Party
Sites"). FFAStorm.com is not responsible for the content of Third-Party
Sites that you reach through links on the Site, sites framed within the Site,
or third-party advertisements on the Site, and we do not make any
representations regarding their content or accuracy. Your use of Third-Party
Sites is at your own risk and subject to the terms and conditions of use for
such sites. Any transaction that you conduct at a Third-Party site will be
between you and the party providing that Web site. This means that FFAStorm.com
is not your agent and is not a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to FFAStorm.com that: (a) you possess the legal
right and ability to enter into this Agreement; (b) all information submitted
by you to the Site is true and accurate; (c) you will be responsible for all
use of your username and password even if such use was conducted without your
authority or permission; (d) you are at least 18 years old; and (e) you will
not use the Site for any purpose that is unlawful or prohibited by this
Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS
SITE BY FFAStorm.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND
"WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND FFAStorm.com
AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
FFAStorm.com DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a)
AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR
HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO,
FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE
OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED
STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES
CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR
QUALITY.
11. Limitation of Damages
IN NO EVENT WILL FFAStorm.com OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF
FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF
FFAStorm.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL FFAStorm.com OR ANY OF ITS AFFILIATES BE LIABLE TO
YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT
ACTUALLY RECEIVED BY FFAStorm.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF
THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees and
costs, if we become liable for or incur any damages in connection with your
breach of this Agreement. You may not settle any dispute without our prior
consent, which may only be given in a non-electronic writing signed by an
authorized representative of FFAStorm.com.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our
option, be conducted electronically, including any that we are otherwise
required to provide in "writing". For example, we may send you
notices via postings at the Site or via email to any email address that you
provide to us during registration as a Site member. If you do not wish to deal
with us electronically, you should not use the Site or enter into this
Agreement. If applicable law now or later requires us to communicate with you
non-electronically, we reserve the right to charge a fee for doing so. Notice
will be deemed given 24 hours after the email is sent, unless (for email) we
are notified that the email address is invalid. Alternatively, we may give you
notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any
amendment from time to time) and retain it in your records. You also agree to
make a copy of any other information that we deliver to you in writing.
16. Termination
FFAStorm.com may terminate your subscription and/or access, or suspend access
to all or part of the Site, without notice, for any conduct that FFAStorm.com,
in its sole discretion, believes is in violation of this Agreement, any applicable
law, or any act which is harmful to the interests of another user, service
provider, or FFAStorm.com. FFAStorm.com may also elect not to renew your subscription
and access by providing a notice of nonrenewal prior to the end of your current
subscription term. Applicable sections of this agreement will survive any
termination or expiration of this Agreement.
Cancellation. I understand that I may cancel my account at any time during
the month upon telephone or email notice for any succeeding months of service.
(I agree that I must call or email to cancel prior to my billing date to avoid
paying for the following month.) By purchasing FFA Storm services, I understand
that this is a pre-paid service and there are no refunds for any partial months
that have been used prior to or during the month in which I cancel. I agree
I will not charge back my credit card or debit card or dispute payment at
my bank account at any time prior to cancellation date and If I do, I agree
to pay a $50 bank processing fee for damages and cost of collection.
17. Assignment
You agree not to assign your rights under this Agreement without the consent
of an authorized representative of FFAStorm.com in a non-electronic record, and
any assignment without FFAStorm.com's consent will be voidable at
FFAStorm.com's option. This Agreement will inure to the benefit of and bind the
parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Washington, without
regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate
FFAStorm.com and/or its affiliates' intellectual property rights, FFAStorm.com
and/or its affiliates may seek injunctive or other appropriate relief in any
state or federal court in the State of Washington, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following location:
Clark County. Any costs and fees other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration at the
following location: trey@safelistworld.com, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do so.
19. Amendments
FFAStorm.com may change the provisions of this Agreement. When FFAStorm.com
changes the terms of this Agreement, FFAStorm.com will notify you by email or
online postings on this Site. The changes will also appear in this document,
which you can access any time. You already agreed to be bound by the changes
when you first subscribed to the site. If you do not agree to be bound by the
changes, you should not use the Site again and you should cancel your
subscription to the Site. Even if you have not clicked on the "I
Agree" button or checked the I agree box when subscribing, if you use the
Site after you have been notified of a change to this Agreement, you are
agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the
entire agreement between the parties for its subject matter and supercedes all
prior and contemporaneous communications between the parties. No term of this
Agreement may be waived by FFAStorm.com except in a signed, non-electronic
writing signed by an authorized representative of FFAStorm.com.
21. General
If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties agree that its remaining provisions will remain
in full force and effect, provided that the allocation of risks described
herein is given effect to the fullest extent possible. Our failure to act
with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You agree that no joint venture,
partnership, employment or agency relationship exists between you and FFAStorm.com
or its affiliates as a result of this Agreement or your use of the Site.
FFAStorm.com reserves the right to cancel or refuse services to anyone for
any reason at any time and to change pricing or the nature of the service
at any time without prior notification. FFAStorm.com makes no warranties of
any kind and will not be liable for any damages resulting to you due to use
of any of our services. I agree to receive emails from FFAStorm.com from time
to time until I ask to have my email address removed from their list.
I agree to indemnify and hold the company harmless from any claims resulting from my use of this service. At its sole discretion, FFAStorm.com may revoke my access for inappropriate usage or abuse of service. I agree that I have read the disclaimers on the web site.
Affiliate Agreement
Privacy Policy
Subscriber Agreement