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PLEASE
NOTE: (
Fethard) IS AN ONLINE SERVICE PROVIDER AND NOT
A PUBLISHER OR EDITOR OF CONTENT. Fethard
DOES NOT APPROVE OR ASSUME EDITORIAL CONTROL OVER
ANY CONTENT OFFERED FOR DOWNLOAD BY AN
Fethard SUBSCRIBER. Fethard DOES NOT STORE ANY CONTENT ON ITS SERVERS.
Fethard PROVIDES A MEANS FOR NOTICE AND TAKE-DOWN
UNDER THE DMCA. IF YOU HAVE ANY ISSUES CONCERNING INTELLECTUAL
PROPERTY, PLEASE PAY CLOSE ATTENTION TO THE SECTION OF THIS
ACCEPTABLE USE POLICY THAT GOVERNS INTELLECTUAL PROPERTY.
I. General Description of Agreement
A. What This Agreement Covers
(i) Definitions
"Subscriber" means any person or business entity that
(a) downloads, attempts to download, or otherwise utilizes any
uniform resource locator (URL) resource that resides entirely
upon a server owned/operated by Fethard;
(b) any person or entity that transmits electronic mail, files,
or other data transmission into any network owned/operated by
Fethard; (c) and person or business entity
linked to a URL resource owned/operated by Fethard; and (d) any person or entity that contacts Fethard through the use of any telecommunications
network.
" Fethard" means Fethard, its successors,
and assigns.
This Agreement between you, Subscriber and Fethard governs the
use, download, and storage of any Fethard website ("Site/URL"),
including the sending of any electronic mail communication into
the Fethard network, and use of any Fethard resources ("Service(s)"
authorizing Fethard to charge your credit/debit card, checking
account, and/or telephone invoice. These Services permit Subscribers
to perform a number of interactive functions through the use
of a personal computer.
B. Accepting the Agreement
When you use any of the Services described in this Agreement,
or authorize others to use them, you agree to the terms and
conditions of the entire Agreement.
C. Relation to Other Agreements
Your use of Services may also be affected by other agreements
between you and Fethard. When you use, download, and store any
Fethard website, you do not change the agreements you already
have with us. For example, when you use Fethard Complete to
allow your customers to purchase a subscription with their
credit card, you do so under the terms and conditions for
the particular service. (i.e.: Fethard Complete). You should
review those agreements for any applicable fees and for other
restrictions, which might impact your use of any other Fethard
Services.
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II. Description of the Services.
A. Services for Consumers:
Fethard allows Subscribers to transmit data to various financial
networks and telecommunication networks for settlement. In order
to enroll in any Fethard Service, you must be at least 18 years
of age; you must populate every field on every form presented
to you with accurate data; you must have a valid email address;
and you must agree to be bound by this Agreement and/or any
other agreement governing your use of the Service and/or particular
resource. Your failure to populate every field may result in
your waiver of certain rights under this Agreement, or other
agreements.
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Credit/Debit
Card Authorization:
By submitting your credit/debit card ("Bank Card")
data to Fethard, you authorize Fethard in its complete discretion
to submit a financial transaction(s) to your issuing bank
for settlement. You agree that once Fethard has approved
or declined your transaction, Fethard has fully performed
under the terms of this Agreement.
You agree to contact Fethard in the event that you desire
to cancel any recurring charge, prior to the next billing
cycle. Should you fail to contact Fethard, you agree to
indemnify and hold Fethard harmless from any losses or damages
that you suffer as a result of a recurring charge. Fethard
may be contacted at: support@fethard.biz.
If you think that there is an error on your account, including
an incorrect amount or unauthorized transaction, you agree
to contact Fethard within the below time periods. Upon proper
notification, Fethard, in its sole discretion may issue
a credit to your Bank Card:
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United
States Issued Bank Cards Within 120 days of the
transaction. |
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International
Issued Bank Cards Within 180 days of the transaction.
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III. Intellectual Property
A. Online Copyright Infringement Liability
Limitation Act.
Your acceptance of this Agreement, and use of any Fethard
Service requires that you abide by the Copyright laws of the
United States and the members of the Berne Convention. This
being the case, we demand that you use due diligence when purchasing
content, or creating your own. You should have available for
inspection any license, or model release.
Fethard does not initiate the transmission of any copyrighted
material, other than that Fethard owns. The transmission or routing
of financial communications through the Fethard Service is purely
an automatic and technical process. Fethard does not select any
recipient of any copyrighted material, except as an automatic
response to a request for works Fethard owns the copyright to.
No copyrighted material, other than that owned by Fethard passes
through the Fethard system. Fethard never modifies any copyrighted
material other than its own.
Fethard has adopted, implimented, and published a policy that
provides for the termination in appropriate circumstances of
subscribers and account holders of our system who infringe copyright.
The determination and classification of an infringer,"
is in our complete discretion.
If you believe that Fethard is hyperlinked to a website that is
infringing upon your copyrighted works, you may send a notice
to the following email addresses, or support@fethard.biz.
Your notice should include the following:
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An electronic
or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual
property interest; |
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A description
of the copyrighted work or other intellectual property
that you claim has been infringed; |
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Your address,
telephone number, and email address; |
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A statement
by you that you have a good faith belief that the disputed
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A statement
by you that you have a good faith belief that the disputed
use is not authorized by the copyright or intellectual
property owner, its agent, or the law; |
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A statement
by you made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
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In appropriate circumstances, and in Fethard's reasonable discretion,
Fethard shall expeditiously disable access to the interactive
service.
B. The Lanham Act
Fethard does not tolerate, and will not provide its Service to
any Subscriber that is committing acts constituting trademark
infringement, unfair competition, or any other violation under
the Lanham Act, or state or foreign trademark laws.
Fethard reserves the right, in its complete discretion, to cancel
a contract, or disable processing for any Subscriber in the
event that Fethard believes that the Subscriber is committing
acts of trademark infringement. |
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V. Subscriber Accounts, Passwords, and Security
Some interactive resources provided to you require a
username and password scheme. You are responsible for maintaining
the confidentiality and security of your username password,
and you are fully responsible for any activity that occurs under
your password or account. You agree to immediately notify Fethard
of any unauthorized use of your password or account, and ensure
that you properly log-off any session that requests resources
protected by secure hardware/software schemes. Fethard shall not
be liable for any loss or damages arising from your failure
to comply with this section V. |
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VI. Subscriber Conduct
You understand that all information, data, text, software,
music, sound, photographs, graphics, movies, videos, messages,
or other materials, ("Content") whether publicly posted
or privately transmitted, are the sole responsibility of the
person from which the Content originated. This means that Fethard
is not responsible for any online activity. You understand that
some of the Content may be offensive, indecent, or objectionable.
Under no circumstances, will Fethard be liable in any manner for
any Content, including, but not limited to, any errors or omissions,
or for any loss or damage of any kind incurred as a result of
the use of any Content.
You agree not to use any Fethard Service to:
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Uupload, post,
email, transmit, or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, or harassing;
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harm minors in
any manner; |
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impersonate any
person or entity; |
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forge headers
or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted; |
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upload, post,
email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright
or other intellectual property right; |
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upload, post,
email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, or
junk mail; |
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upload, post,
email, transmit or otherwise make available any material
that contains software viruses or any other computer code;
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disrupt the normal
flow of data or otherwise interfere with any data communications;
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stalk, or otherwise
harass another; or |
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collect, or store
personal data about other subscribers, without first establishing
and enforcing a privacy policy with at least as much protections
as the Fethard Privacy Policy. |
Fethard has no obligation to monitor the Content.. However, Fethard
reserves the right to review Content and decide as to whether
Fethard is interested in the provision of Services in connection
with said Content. Fethard reserves the right to terminate your
access to any or all of the Services at any time, without notice,
for any reason whatsoever.
Fethard reserves the right at all times to disclose any information
as Fethard deems necessary to satisfy any applicable law, regulation,
legal process or governmental request
Always use caution when giving out any personally identifiable
information about yourself or your children in any non- Fethard
controlled environment. Fethard does not control or endorse the
Content, messages or information found in any resource, other
than those controlled by Fethard and, therefore, Fethard specifically
disclaims any liability with regard to the Content and any actions
resulting from your use thereof. |
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VII. Software
All Content and software (if any) that is made available
to view and/or download in connection with the Fethard Site/Service/Software,
excluding content and/or software that may be made available
by end-users through a non- Fethard controlled resource, is owned
by and is the copyrighted work ofFethard and/or its suppliers and is protected by copyright laws
and international treaty provisions. Your use of the Site/Service/Software
is governed by the terms of this Agreement, as well as the agreement
connected to any Fethard Service. You may not install or use any
Site/Service/Software unless you first agree to this Agreement,
as well as the agreement connected to the particular Fethard Site/Service/Software.
Fethard grants to you, the Subscriber, a revocable personal, non-transferable
license to use the Site/Service/Software as detailed in this
Agreement, and for no other purpose provided that you keep intact
all copyright and other proprietary notices. Any reproduction
or redistribution of the Site/Service/Software is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
You acknowledge that the Site/Service/Software, and any accompanying
documentation and/or technical information, is subject to applicable
export control laws and regulations. You agree not
to export or re-export the Site/Service/Software, directly or
indirectly, to any countries that are subject to export
restrictions. |
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VIII. Liability Disclaimer
THE INFORMATION, SITE/SERVICE/SOFTWARE, AND PRODUCTS
INCLUDED IN OR AVAILABLE THROUGH THE Fethard SITES/SERVICE/SOFTWARE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY MADE TO THE Fethard SITE/SERVICE/SOFTWARE AND TO
THE INFORMATION THEREIN. Fethard AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE Fethard SITE/SERVICE/SOFTWARE AT ANY TIME. ADVICE RECEIVED
VIA THE Fethard SITE/SERVICE/SOFTWARE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Fethard AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS
AND ACCURACY OF THE INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS,
AND RELATED GRAPHICS CONTAINED WITHIN THE Fethard SITE/SERVICE/SOFTWARE
FOR ANY PURPOSE. ALL SUCH INFORMATION, SITES/SERVICE/SOFTWARE,
PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. Fethard AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT Fethard SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,
OR ANY TRANSACTIONS ENTERED INTO THROUGH AN Fethard SITES/SERVICE/SOFTWARE.
YOU SPECIFICALLY AGREE THAT Fethard IS NOT RESPONSIBLE OR LIABLE
FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF
ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU
SPECIFICALLY AGREE THAT Fethard IS NOT RESPONSIBLE FOR ANY CONTENT
SENT USING AND/OR INCLUDED IN AN Fethard SITES/SERVICE/SOFTWARE
BY ANY THIRD PARTY.
IN NO EVENT SHALL Fethard AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Fethard
SITES/SERVICE/SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE
Fethard SITES/SERVICE/SOFTWARE, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SITES/SERVICE/SOFTWARE,
PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE Fethard SITES/SERVICE/SOFTWARE,
OR OTHERWISE ARISING OUT OF THE USE OF THE Fethard SITES/SERVICE/SOFTWARE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF Fethard OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Fethard SITES/SERVICE/SOFTWARE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE Fethard
Because of the reasons which are not dependent on Fethard Finance, the ordered transfer might be late in producing till 2 week from the moment of its ordering.
SITES/SERVICE/SOFTWARE. |
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IX. Termination/Access Restriction
Fethard reserves the right, in its sole discretion, to
terminate your access to any or all Fethard Site/Service/Software
and the related services or any portion thereof at any time,
without notice.
Fethard may also terminate or suspend your access to Fethard Site/Service/Software
for inactivity, which is defined as failing to log into a particular
service for an extended period of time, as determined by Fethard.
Upon termination of the Fethard Site/Service/Software, your right
to use the Fethard Site/Service/Software immediately ceases.
Fethard shall have no obligation to maintain any content or to
forward any unread or unsent messages to you or any third party.
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X. No Spam
Fethard will immediately terminate any account that it
believes, in its sole discretion, is transmitting or is otherwise
connected with any unsolicited bulk email. In addition, because
damages are often difficult to quantify, if actual damages cannot
be reasonably calculated then you agree to pay Fethard liquidated
damages of $5 for each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with your account, otherwise
you agree to pay Fethard's actual damages, to the extent such
actual damages can be reasonably calculated. Such payment may
be deducted directly from any monies owed to you from Fethard.
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XII. General
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Fethard
as a result of this agreement or use of the Fethard Sites/Services.
You agree to indemnify and hold Fethard, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted
by any third party due to or arising out of your use of or conduct
on the Fethard Site/Service/Software. Fethard reserves the right
to disclose any personal information about you or your use of
the Fethard Sites/Services, including its contents, without your
prior permission if Fethard has a good faith belief that such
action is necessary to: (1) conform to legal requirements or
comply with legal process; (2) protect and defend the rights
or property of Fethard or its affiliated companies; (3) enforce
the terms or use; or (4) act to protect the interests of its
members or others. Fethard's performance of this agreement is
subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Fethard's right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the Fethard Sites/Services or information
provided to or gathered by Fethard with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between
the user and Fethard with respect to the Fethard Site/Service/Software
and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between
the user and Fethard with respect to the Fethard Site/Service/Software.
A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained in
printed form. |
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