FOR USE OF WWW.BADPUPPY.COM
Badpuppy Enterprises, Inc. provides this site and related services subject
to your compliance with the terms and conditions set forth below. Please read
the following information carefully:
This agreement represents the complete agreement and understanding between
Badpuppy Enterprises, Inc., (hereinafter "Badpuppy" or "the Company"),
its affiliates, successors and assigns, and you the BadPuppy account holder
(hereinafter called User) for your use and enjoyment of www.badpuppy.com,
(hereinafter "badpuppy.com"), and all of the content as may
be contained thereunder, and supersedes any other written or oral agreement.
Upon notice published on-line (
http://www.badpuppy.com/copyright ) Badpuppy may modify these terms and conditions, amplify them,
and/or modify the prices, as well as discontinue, change or replace services offered.
Web Copyright Information. All pages within this Internet site ("Site")
are the property of Badpuppy Enterprises, Inc and/or its affiliates. No portion of the
materials on these pages may be reprinted or republished in any form without the express
written permission of Badpuppy.
Trademark Notice. "Badpuppy Enterprises, Inc."and the
"Badpuppy" logo are trademarks and service marks of Badpuppy. All other trademarks,
service marks and logos used in this Site are the trademarks, service marks or logos of
their respective owners.
If you do not agree to these terms and conditions, please notify our Accounting
Department at 1-321-631-9500 during normal office hours so we can terminate your account.
Failure to notify Badpuppy shall constitute your approval.
represent to Badpuppy that they are 18 years of age or older. Certain material available
on the internet through badpuppy.com
may not be suitable for individuals under the age of 18. It is absolutely prohibited
for any user or entity to transmit the images of anyone under 18 years of age through
or on the Site, and such conduct will result in immediate termination of your account
without refund.
2. User understands further that the internet contains unedited materials some
of which are sexually explicit or may be offensive to you. You access such materials
at your own risk. Badpuppy has no control over and accepts no responsibility whatsoever
for such materials.
3. Information transmitted through badpuppy.com
and through the Internet in general is not confidential. Therefore, Badpuppy cannot and will
not guarantee privacy or guarantee protection of any user. The Company reserves the right
to monitor any User's transmissions when deemed necessary for providing proper service
and/or to protect the rights and property of the Company, or in order to comply with the law.
The Company will not disclose any information about any User unless required by court order,
subpoena or other legal request, or upon the advice of counsel.
4. Warranty Disclaimer. Badpuppy exercises no control whatsoever over the
content of the information on its website. Use of any information obtained via
badpuppy.com is at your own risk. Neither Badpuppy
nor any of its licensors, employees or agents warrants that the service will be uninterrupted
or error free; nor does Badpuppy or its licensors, employees or agents make any warranty as
to the results to be obtained from use of the service.
This site, including any content or information contained within it or any
site-related service, is provided "as is" with no representations or warranties
of any kind, either expressed or implied, including, but not limited to, the implied
warranties or merchantability, fitness for a particular purpose, and noninfringement.
You assume total responsibility and risk for your use of this site and site-related services.
Badpuppy, its affiliates and its sponsors are neither responsible nor liable for any
direct, indirect, incidental, consequential, special, exemplary, punitive or other
damages arising out of or relating in any way to the site, site-related services
and/or content or information contained within the site. Your sole remedy for
dissatisfaction with the site and/or site-related services is to stop using the
site and/or those services.
This disclaimer of liability applies 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
badpuppy.com, whether for breach of contract,
tortious behavior, negligence, or under any other cause of action.
Although Badpuppy attempts to ensure the integrity and accurateness of the
Site, it makes no guarantees whatsoever as to the correctness or accuracy of the
Site. It is possible that the Site could include inaccuracies or errors, and that
unauthorized additions, deletions and alterations could be made to the Site by third
parties. In the event that an inaccuracy arises, please inform Badpuppy so that it
can be corrected.
5. User agrees to indemnify and hold without harm Badpuppy, its officers, employees,
agents, directors, shareholders and other Users from any and all claims, damages,
expenses (including attorney's fees) and liabilities resultant from any and all use
of the User's account whether authorized or not authorized.
6. Badpuppy’s Internet connections and all other services provided to the user
by Badpuppy may only be used for lawful purposes. Transmission or storage of any information,
data or material in violation of any U.S. or state regulation or law is prohibited. This
includes, but is not limited to: copyrighted material, material legally judged to be
threatening or obscene, child pornography, or material protected as a trade secret.
User agrees to indemnify and hold harmless Badpuppy from any claims resulting from your
use of the service which damages you or another party.
7. The right to use badpuppy.com
is not transferable. Accounts are for your use only! User is responsible for the
confidentiality of user's passwords. Loaning your account to others, connecting a system
used by multiple persons, group use of user logins, and consuming more than one modem line
are explicitly prohibited. If the user has multiple accounts, then the user is limited
to one login session per system account at any time. Violation of this policy will be dealt
with as theft of service and may be prosecuted under civil or criminal law.
8. Badpuppy's services should not be used to send unsolicited advertising or promotional
materials to other network users. Electronic mail and appropriate USENET newsgroups may be
used in the conduct of legitimate businesses. Badpuppy DOES NOT ALLOW users to run Maillist,
Listserv or any form of auto-responder from a users shell. Processes that run or are activated
while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals
on the Internet after being asked to stop by those individuals and Badpuppy will not be tolerated.
When Badpuppy becomes aware of possible violations, we will initiate an investigation. At the
same time, in order to prevent further possible unauthorized activity, Badpuppy may suspend
access to services to the individual account in question. Confirmation of violations may result
in cancellation of the individual account and/or criminal prosecution. The account suspension
may be rescinded at the discretion of Badpuppy following payment of a reconnection charge.
9. Use of this account to violate the security of any computer network, crack passwords
or security encryption codes, transfer or store illegal material including that deemed
threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
User will abide by all the rules, regulations and policies of those networks and computer systems
accessed via this account. If the User is unsure of those policies, it is the User's responsibility
to ascertain said policies.
10. Payment Terms:
11. Linked Internet Sites. Badpuppy is not responsible for the content available
on any other Internet sites linked to the Site. Access to any other Internet sites linked to
the Site is at the User’s own risk.
12. Postings. Badpuppy is under no obligation to review any messages, information
or content ("Postings") posted on the site by users and assumes no responsibility
or liability relating to any such Postings. Notwithstanding the above, Badpuppy may from time
to time monitor the Postings on the Site and may decline to accept and/or remove any Postings
that contain:
13. Access to Password Protected/Secure Areas. Access to and use of password
protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized
individuals attempting to access these areas of the Site may be subject to prosecution.
14. Miscellaneous. This Agreement is entered into in the State of Florida and
shall be governed by and construed in accordance with the laws of the State of Florida,
exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive
jurisdiction of the state and federal courts sitting in the County of Brevard, in the State of
Florida, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and
attorneys fees. In the event that any of the provisions of this Agreement are held by a court
or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited
or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in
full force and effect. In the event that any portion of these Terms and Conditions is held to
be unenforceable, the unenforceable portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties and the remainder of the
provisions shall remain in full force and effect, and all provisions of these Terms and Conditions
which operate to protect the rights of Badpuppy shall continue in force even in the event of
termination of these Terms and Conditions on other grounds. Badpuppy’s failure to insist upon
or enforce strict performance of these Terms and Conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between parties nor trade practice
shall act to modify any provision of these Terms and Conditions. The duties and obligations
contained herein at paragraphs 4, 5, 6, 10, and 11 will survive any termination hereof.
15. Entire Agreement/Modification. This Agreement constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof, and any
and all written or oral agreements heretofore existing between the parties hereto are
expressly canceled. Badpuppy may modify the terms of this Agreement by posting notice
of such modification on a page of the Site entitled "Legal Notices" or "Legal
Information" (or similar title) before the modification takes effect.
16. By the use of a BadPuppy account the User accepts the terms and conditions
set forth in this agreement.
17. These Terms and Conditions were last changed July 07, 2002.
Badpuppy Enterprises, Inc.
Copyright Notification
INTERIM DESIGNATION OF AGENT TO RECEIVE NOTIFICATIONS OF CLAIMED INFRINGEMENT
- Full legal name of service's address provider:Badpuppy Enterprises, Inc.,
414 High Point Drive, Cocoa, FL 32926.
- There are no other names under which provider does business.
- Name of Agent Designated to receive notification of claimed infringement: Benjamin W. Morton
- Full Address for Agent: 414 High Point Drive, Cocoa, FL 32926.
- Telephone number for Agent: (321) 631-9500; fax number: (321) 638-0625.
- E-mail address for Agent: ben@badpuppy.com
- Copy to Ossinsky & Cathcart, P.A., 210 N. Wymore Rd., Winter Park, FL 32789, phone (407) 629-2484, fax (407) 629-4429