| 1. TERMS OF SERVICE (TOS)
Welcome to STATpay. STATpay provides its service to
you, subject to the following Terms of Service ("TOS"),
which may be updated from time to time without notice to you. You
can review the most current version of the TOS at any time at: http://www.STATpay.com/tos.htm.
In addition, when using particular services, you will be subject
to any posted guidelines or rules applicable to that service. Those
guidelines or rules are incorporated by reference into this TOS.
If you ever have an experience with STATpay you believe violates
the following TOS, e-mail us and in the subject heading type "TOS".
2. DESCRIPTION OF SERVICE
STATpay currently provides users potentially to links
to on-line resources, including, various communications tools, online
forums, shopping services, content (the "Service"). Unless
stated otherwise, any new features that augment or enhance the current
Service, including the release of new products or links, shall be
subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that STATpay assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any
user communications. STATpay makes no warranty that the service
will meet your needs or that the service will be uninterrupted,
secure, or error free. The results that may be obtained may not
meet your expectations. STATpay makes no warranty or representation
as to the completeness, accuracy, adequacy, currency, or reliability
of any STATpay information and shall not be liable for any lack
of the foregoing. STATpay will attempt to ensure a safe environment
but you will be solely responsible for any damage to your computer
system or loss of data that results from the download of any material.
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service,
remember the Service is provided for informational purposes only,
and no Content included in the Service is intended for other purposes.
STATpay shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted via the Service,
and shall not be responsible or liable for any business decisions
made based on such information.
In order to use this Service, you must obtain access
to the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to
make such connection to the World Wide Web, including a computer
and modem or other access device.
3. YOUR OBLIGATIONS
In consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete information
about yourself as prompted by any Service registration form (such
information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or STATpay has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, STATpay has the right to suspend or terminate
your account and refuse any and all current or future use of the
Service (or any portion thereof).
4. PRIVACY POLICY
Registration Data and certain other information about
you is subject to the Privacy Policy. For more information, please
see our full privacy policy at http://www.STATpay.com/privacy.htm.
5. ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation
upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify STATpay
of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account
at the end of each session. STATpay will not be liable for any loss
or damage arising from your failure to comply with this section.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not STATpay, are entirely responsible
for all Content that you upload, post, email or otherwise transmit
via the Service. STATpay does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will STATpay be liable in any way for any
Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed or otherwise
transmitted via the Service.
As part of your professional duties, you are
prohibited from the following conduct:
- Upload, post, email or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing, tortureous,
defamatory, vulgar, obscene, sexual or anything that would commonly
be considered "indecent" or "appealing to the prurient
interest", libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but
not limited to, a STATpay official, host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
- Disguise the origin of any Content transmitted
through the Service;
- Upload, post, email or otherwise transmit any Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
- Upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas that are designated for such purpose;
- Upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
- Intentionally or unintentionally violate any applicable
local, state, national or international law;
"stalk" or otherwise harass another;
- Collect or store personal data about other users.
If anyone violates this TOS, e-mail
us and put in the subject area "TOS".
You acknowledge that STATpay does not pre-screen Content,
but that STATpay and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limiting the foregoing,
STATpay and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content.
You acknowledge and agree that STATpay may preserve
Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal
safety of STATpay, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. CONTENT POSTED TO STATpay
With respect to Content you or STATpay elects to be
posted for inclusion in accessible areas of STATpay or that consists
of photos or other graphics you elect to post to any other accessible
area of the Service, you grant STATpay the world-wide, royalty free
and non-exclusive license to reproduce, modify, adapt and publish
such Content on the Service solely for the purpose of displaying,
distributing and promoting STATpay to which such Content was submitted,
or, in the case of photos or graphics, solely for the purpose for
which such photo or graphic was submitted to the Service.
8. INDEMNITY
You agree to indemnify and hold STATpay, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE
You acknowledge that STATpay may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days uploaded Content will be retained
by the Service, the maximum number of email messages that may be
sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by an
account on the Service.
11. INACTIVITY
You acknowledge that STATpay reserves the right to
log off accounts that are inactive for an extended period of time.
You further acknowledge that STATpay reserves the right to change
these general practices and limits at any time, in its sole discretion,
with or without notice.
12. MODIFICATIONS TO SERVICE
STATpay reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree
that STATpay shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that STATpay, in its sole discretion, may
terminate your password, account (or any part thereof) or use of
the Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or
if STATpay believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. STATpay may also in its sole
discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that
STATpay may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that STATpay
shall not be liable to you or any third-party for any termination
of your access to the Service.
14. DEALINGS WITH ADVERTISERS & LINKS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or
services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. The Service may provide,
or third parties may provide, links to other World Wide Web sites
or resources. Because STATpay has no control over such sites and
resources, you acknowledge and agree that STATpay is not responsible
for the availability of such external sites or resources, and is
not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that STATpay shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any
such site or resource.
15. STATpay's RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service ("Software")
contains proprietary and confidential information that is protected
by applicable intellectual
property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by STATpay or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in
whole or in part.
STATpay grants you a personal, non-transferable and
non-exclusive right and license to use the Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to
use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through
the interface that is provided by STATpay for use in accessing the
Service.
16. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes to the TOS
or other matters by displaying notices or links to notices to you
generally on the Service.
17. TRADEMARK INFORMATION
All screens appearing on this site including graphics,
text elements, site design, logos, images, and icons, as well as
selection, assembly and arrangement are the sole property of STATpay.
All rights not expressly granted herein are reserved. Without prior
permission, you agree not to display or use in any manner, the STATpay
Marks.
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you
and STATpay and govern your use of the Service, superceding any
prior agreements between you and STATpay. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOS and
the relationship between you and STATpay shall be governed by the
laws of the State of Maryland without regard to its conflict of
law provisions. You and STATpay agree to submit to the personal
and exclusive jurisdiction of the courts located within the county
of Baltimore, Maryland. The failure of STATpay to exercise or enforce
any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the TOS 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 use of the
Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
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