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By visiting www.elbowspace.com's web site, each visitor accepts and agrees to be bound by these Terms and Conditions.
www.elbowspace.com reserves the exclusive right, exercisable in its sole discretion, to add features, or discontinue any www.elbowspace.com features at any time without notice.
Elbowspace, Inc. reserves the exclusive right, exercisable at any time, without notice, to amend, add to, delete from, alter or otherwise change these Terms and Conditions in such manner as Elbowspace, Inc., in its sole discretion, shall determine appropriate for in www.elbowspace.com services. The Internet site www.elbowspace.com may not contain the most current form of the Terms and Conditions. The current form of the Terms and Conditions may be obtained by e-mailing a request to the Webmaster
Subject to the terms and conditions of this Agreement, Elbowspace, Inc. grants you a limited, non-exclusive, non-sublicensable, non-transferable license to use the Application in accordance with this Agreement. You are prohibited from modifying, translating, decompiling, disassembling or reverse engineering or otherwise attempting to determine the source code or any other information pertaining to the Application, or the creative or derivative works of the Application. This prohibition applies to any changes, alterations, and improvement that Elbowspace, Inc. may implement, from time to time.
Elbowspace, Inc. reserves the exclusive right, exercisable at any time, to disqualify, prevent or otherwise refuse to allow any visitor, individual or entity from participating in a www.elbowspace.com service. NEITHER Elbowspace, Inc., NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON www.elbowspace.com, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, THAT www.elbowspace.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF www.elbowspace.com OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH www.elbowspace.com.
www.elbowspace.com AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. USE OF www.elbowspace.com IS AT YOUR SOLE RISK.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF www.elbowspace.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL www.elbowspace.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON www.elbowspace.com, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE www.elbowspace.com, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF www.elbowspace.com OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH www.elbowspace.com OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO www.elbowspace.com, EVEN IF Elbowspace, Inc. WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY Elbowspace, Inc. PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING www.elbowspace.com, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF www.elbowspace.com.
UNDER NO CIRCUMSTANCES WILL www.elbowspace.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON www.elbowspace.com, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH www.elbowspace.com. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONSIDER DOUBLE CHECKING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH www.elbowspace.com. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
Payment of fees as a condition to form processing.
As consideration for the form processing service provided by Elbowspace, Inc., you agree to pay Elbowspace, Inc., prior to the effectiveness of the desired form processing, all applicable fees as indicated via a valid Credit Card (no checks). Except as provided herein, all fees are non-refundable, in whole or in part, even if your form processing is suspended, cancelled or transferred prior to the end of your then-current registration term.
Reservation of right to modify fees.
Elbowspace, Inc. reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Credit card charge-backs for form processings.
In the event of a charge-back to Elbowspace, Inc. by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the form processing shall be transferred to Elbowspace, Inc. as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such form(s) including, without limitation, the right to make the form(s) available to other parties for purchase. Elbowspace, Inc. also reserves the right to lock your account and the remainder of your form(s) until a payment is made to cover any administrative fees or chargeback fees in the amount of $100. In Elbowspace, Inc.'s sole discretion, it may reinstate your form processing, subject to Elbowspace, Inc.'s receipt of the registration fee and any reinstatement fees ($100) imposed by Elbowspace, Inc..
Credit card charge-backs for non-form processing services.
In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-form processing fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until a payment is made to cover any administrative fees or chargeback fees in the amount of $100. In Elbowspace, Inc.'s sole discretion, it may reinstate your services, subject to Elbowspace, Inc.'s receipt of the non-form processing fee and any reinstatement fees ($100) imposed by Elbowspace, Inc..
Indemnification.
Indemnification of Elbowspace, Inc.. You will indemnify, hold harmless, and defend Elbowspace, Inc. and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of: (a) your breach of this Agreement or any of Elbowspace, Inc.'s policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). "Reasonable attorneys' fees and costs" as used in this Section 14 includes without limitation fees and costs incurred to interpret or enforce this Section 14. Elbowspace, Inc. may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. Elbowspace, Inc. will provide you with reasonably prompt notice of any Claim.
Agents, Resellers and licensing.
You agree that, if you are registering our form processing service to someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Agreement. Further, you agree that if you license the use of the form processing service registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you remain fully liable for any actions of the licensee using the domain.
The following sites are strictly prohibited:
Sites containing material not belonging to you, foul language, hate propaganda,anything illegal, mail fraud, pyramid schemes, or insults to other persons or companies.
Sites containing material that is grossly offensive to the Web community, includingblatant expressions of bigotry, racism, hatred, or profanity, or for promoting or providing
instructional information about illegal activities, or promoting physical harm or injury
against any group or individual.
Sites selling illegal weapons and sites of terrorist organizations. Sites related to hacking, warez, capturing passwords, capturing credit card numbers.Elbowspace, Inc. makes no guarantee of the availability of this service.
Member must not resort to SPAM to promote his/her website.
You may not e-mail/instant message the links of the forms hosted by us (using our form hosting feature) to anyone.
Failure to abide by the above conditions will result in the immediate termination of membership.
All contents of this Web Site are: Copyright© 2007 Elbowspace Inc., Phoenix, AZ. All rights reserved. All other product and company names appearing on www.elbowspace.com may be the tradenames, trademarks or registered trademarks of their respective owners.
If you have any questions regarding these Terms and Conditions, please send your e-mails to the custserv@elbowspace.com.
| © Copyright 2007, Elbowspace, Inc. |