docuserv.hoamco.com USE AGREEMENT
This Web Site Use Agreement ("Agreement") is entered into by you, and docuserv.hoamco.com. The docuserv.hoamco.com Web Site docuserv.hoamco.com is comprised of various pages, tools, information, software, content, and features (collectively, "docuserv.hoamco.com Web Site") operated by studio5usa.com.
This Agreement sets forth the terms and conditions under which you use the docuserv.hoamco.com Web Site and under which docuserv.hoamco.com agrees to your use of the docuserv.hoamco.com Web Site. By using the docuserv.hoamco.com Web Site, you agree to be bound by the terms of this Agreement. Your access to and use of the web site is conditioned on your acceptance of and compliance with these Terms. If you disagree with any part of the Terms, then you may not access the docuserv.hoamco.com web site.
1. SCOPE OF docuserv.hoamco.com docuserv.hoamco.com
docuserv.hoamco.com makes the docuserv.hoamco.com Web Site available to users at no charge. The features of the docuserv.hoamco.com Web Site may include, but are not limited to, access to email services, search capabilities, account management tools, connections to certain content (documents, news, weather and sports, for example), and certain diagnostic tools for troubleshooting. The docuserv.hoamco.com Web Site is intended solely for your private and personal use on your computer. Any other use or any attempt to use the docuserv.hoamco.com Web Site for commercial or other purposes is strictly prohibited.
2. REGISTERED USERS
You agree that the information you provide during the docuserv.hoamco.com Web Site registration is accurate and that you are 18 years of age or older.
3. WARRANTY DISCLAIMER
docuserv.hoamco.com (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) PROVIDE THE docuserv.hoamco.com docuserv.hoamco.com ON AN "AS IS," AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF THE docuserv.hoamco.com docuserv.hoamco.com IS WITH YOU. IN ADDITION, docuserv.hoamco.com DOES NOT WARRANT THE SECURITY OF THE docuserv.hoamco.com docuserv.hoamco.com OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. docuserv.hoamco.com IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE docuserv.hoamco.com docuserv.hoamco.com.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL docuserv.hoamco.com BE LIABLE TO ANY PARTY FOR (i) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE docuserv.hoamco.com docuserv.hoamco.com, PROVISION OF OR FAILURE TO PROVIDE THE docuserv.hoamco.com docuserv.hoamco.com, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE docuserv.hoamco.com docuserv.hoamco.com OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE docuserv.hoamco.com docuserv.hoamco.com, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE docuserv.hoamco.com docuserv.hoamco.com, EVEN IF docuserv.hoamco.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE docuserv.hoamco.com docuserv.hoamco.com. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, docuserv.hoamco.com’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5. RIGHT TO CHANGE, MODIFY OR TERMINATE docuserv.hoamco.com docuserv.hoamco.com
docuserv.hoamco.com reserves the right and sole discretion to change, limit, terminate, modify at any time, or temporarily or permanently cease to provide the docuserv.hoamco.com Web Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or docuserv.hoamco.com terminate this Agreement, you must immediately stop using the docuserv.hoamco.com Web Site.
6. CHANGES TO AGREEMENT
docuserv.hoamco.com reserves the right to amend or change this Agreement (including any of the policies which may be applicable to your use of the docuserv.hoamco.com Web Site) by posting such revisions to the docuserv.hoamco.com WEB PAGE page located at docuserv.hoamco.com. Changes to this Agreement shall be effective upon posting. You accept the revisions and agree to abide by them by continuing to use the website after any changes or amendments are posted.
7. INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights in and to the docuserv.hoamco.com Web Site are owned by docuserv.hoamco.com, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the docuserv.hoamco.com Web Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant any rights to the docuserv.hoamco.com Web Site other than the right to use the docuserv.hoamco.com Web Site according to the terms of the Agreement.
You agree to defend, indemnify and hold harmless docuserv.hoamco.com and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by you (or any parties who use your computer, with or without your permission, to access the docuserv.hoamco.com Web Site); (b) the use of the docuserv.hoamco.com Web Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your computer to access the docuserv.hoamco.com Web Site, with or without your permission); (c) negligent acts, errors, or omissions by you (or any parties who use your computer to access the docuserv.hoamco.com Web Site, with or without your permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the docuserv.hoamco.com Web Site or the Internet.
9. MANAGEMENT OF YOUR DATA
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the docuserv.hoamco.com Web Site. Minimum systems requirements apply to the use of docuserv.hoamco.com Web Site and it is your responsibility to ensure your computer system complies with these requirements. You are responsible for management of your information, including but not limited to back-up and restoration of data, erasing data from disk space you control and changing data on your router. You are also responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, user ID and password on your router and firewalls, to protect your information.
10. LIMITATIONS ON USE
A. You agree that your use of the docuserv.hoamco.com Web Site and the Internet, without limitation, is your sole responsibility, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
B. You agree that the reliability, availability and performance of resources accessed through the Internet or other services connected or linked to the docuserv.hoamco.com Web Site are beyond docuserv.hoamco.com’S control and are not in any way warranted or supported by docuserv.hoamco.com. You agree that docuserv.hoamco.com cannot and does not guarantee or warrant that files available for downloading through the docuserv.hoamco.com Web Site will be free of viruses, worms, Trojan horses or any other code that manifests contaminating or destructive properties.
C. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information you transmit over the Internet. HWD is not responsible for invalid destinations, transmission errors, or corruption, interception or security of your data.
D. You understand and agree that docuserv.hoamco.com does not warrant the docuserv.hoamco.com Web Site to be uninterrupted or error-free. You further understand and agree that docuserv.hoamco.com has no control over third party networks or web sites that you may access in the course of your use of the docuserv.hoamco.com Web Site, and that delays and disruptions of other network transmissions are completely beyond the control of docuserv.hoamco.com.
E. docuserv.hoamco.com may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our docuserv.hoamco.com Web Site and to protect others and ourselves.
11. MISCELLANEOUS PROVISIONS
- A. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- B. By transmitting, uploading, posting or submitting any information or material using the Web site Tools, you (i) represent that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrant that no other party has rights to the information and that your transmission, posting, uploading or submission of the information does not violate any copyright or other laws.
- C. The docuserv.hoamco.com Web Site contains third party links and it is provided by docuserv.hoamco.com only as a convenience to its users. Any web sites linked to or from the docuserv.hoamco.com Web Site are not reviewed, controlled, or examined by docuserv.hoamco.com and docuserv.hoamco.com is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the docuserv.hoamco.com Web Site does not imply endorsement of the linked site or content by docuserv.hoamco.com.
- D. The terms of this Agreement apply only to your use of the docuserv.hoamco.com Web Site and do not apply to your use of any other docuserv.hoamco.com product or service.
- E. You and docuserv.hoamco.com agree that the substantive laws of the state of Arizona, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND docuserv.hoamco.com CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN MARICOPA COUNTY, ARIZONA, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE docuserv.hoamco.com docuserv.hoamco.com. Except as otherwise required by law, including Arizona laws relating to consumer transactions, any cause of action or claim you may have with respect to the docuserv.hoamco.com Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
- F. Use, duplication or disclosure by any Government entity is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.
- G. For your reference, you may refer to the copy of this Agreement that can be found on the link "Policies and Terms of Service" located on docuserv.hoamco.com Web Site. You may also receive a copy of this Agreement by writing us at: ADDRESS
- H. This Agreement, including all Attachments hereto, which are fully incorporated into this Agreement, and also including all policies and notices incorporated into this Agreement by reference, constitutes the entire agreement between you and docuserv.hoamco.com with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.
ACCEPTABLE USE POLICY
This is docuserv.hoamco.com’S policy on the acceptable use of the Service. It is designed to help protect the Service, docuserv.hoamco.com’S customers and the Internet community, from irresponsible or illegal activities.
docuserv.hoamco.com reserves the right to deny Service to you, or to immediately terminate your Service for material breach, if your use of the Service or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and in the sole discretion of docuserv.hoamco.com:
- (a) is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature;
- (b) espouses, promotes or incites bigotry, hatred or racism;
- (c) might be legally actionable for any reason,
- (d) is objectionable for any reason, or
(e) in any manner violates the terms of this Acceptable Use Policy.
You may NOT use the Service as follows:
- (a) for any unlawful, improper or illegal purpose or activity;
- (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason;
- (c) to access or attempt to access the accounts of others, to spoof or attempt to spoof the URL or DNS or IP addresses of docuserv.hoamco.com WEB SITE or any other entity, or to attempt to penetrate security measures of docuserv.hoamco.com docuserv.hoamco.com or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data;
- (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to "spamming", "flaming" or denial or distributed denial of service attacks;
- (e) to transmit unsolicited docuserv.hoamco.com emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service;
- (f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet;
- (g) to post information on newsgroups which is not in the topic area or charter (e.g. off-topic posting) of the newsgroup;
- (h) to interfere with another person's usage or enjoyment of the Internet or this Service;
- (i) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters;
- (j) to damage the name or reputation of docuserv.hoamco.com docuserv.hoamco.com, its parent, affiliates and subsidiaries, or any third parties;
- (k) to transmit confidential or proprietary information, except solely at your own risk;
- (l) to violate docuserv.hoamco.com docuserv.hoamco.com or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights;
- (m) to use more than one IP address obtained from docuserv.hoamco.com docuserv.hoamco.com;
- (n) to generate excessive amounts (as determined by docuserv.hoamco.com docuserv.hoamco.com in its sole discretion) of Internet traffic, or to disrupt net user groups or email use by others;
- (o) to engage in activities designed to or having the effect of degrading or denying Service to docuserv.hoamco.com docuserv.hoamco.com users or others (including activities that compromise a server, router, circuit, software or other Internet component ;
- (p) to use any name or mark of docuserv.hoamco.com docuserv.hoamco.com, its parent, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner;
- (q) to use the Service to operate a commercial server or to operate a non-commercial server in a manner that interferes with the network or other users' use of the Service;
- (r) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate;
- (s) to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service;
- (t) to use the Service to disrupt the normal flow of online dialogue,
- (u) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service;
- (v) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet;
- (w) to impersonate any docuserv.hoamco.com docuserv.hoamco.com employee or official or other person or use a false name while using the Service or implying an association with docuserv.hoamco.com docuserv.hoamco.com;
- (x) to install "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others;
- (y) to make false or unverified complaints against any docuserv.hoamco.com docuserv.hoamco.com subscriber, or otherwise abusing any of docuserv.hoamco.com docuserv.hoamco.com complaint response procedures;
- (z) to use software or any other device that would allow your account to stay logged on while you are not actively using the Service, unless you are a DSL customer;
- (aa) to export software or any information in violation of US export laws;
- (bb) to use the Service in contravention of the limitations of the pricing plan you have chosen;
- (cc) for DSL customers who use static IP address, to use an IP address other than the one assigned by docuserv.hoamco.com docuserv.hoamco.com;
- (dd) for customer who have been assigned a dynamic IP address to use such IP address to circumvent the changing of IP addresses assigned by the Service or
(ee) to open connections to more than one docuserv.hoamco.com docuserv.hoamco.com Usenet news service at a time. Usenet Policy and Posting Restrictions: Usenet comprises a system of bulletin boards called newsgroups. Usenet access is provided to Internet access customers of docuserv.hoamco.com docuserv.hoamco.com through the docuserv.hoamco.com docuserv.hoamco.com network. docuserv.hoamco.com docuserv.hoamco.com Usenet may not be accessed via any other network. You may open no more than five simultaneous connections to newsgroups at any one time. You may not rapidly open and close or create connections for users other than yourself (our Subscriber). docuserv.hoamco.com docuserv.hoamco.com will carry newsgroups at their sole discretion. Requests to add a news group, from any source, will be evaluated on a case-by-case basis, and added at docuserv.hoamco.com docuserv.hoamco.com sole discretion. You must familiarize yourself with the subjects and established guidelines and restrictions of any newsgroup in which you participate and we reserve the right, in our sole discretion, to terminate your Service in the event you violate news group guidelines or restrictions.
Copyright Infringement/Repeat Infringer Policy. docuserv.hoamco.com docuserv.hoamco.com respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, docuserv.hoamco.com docuserv.hoamco.com’S systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of docuserv.hoamco.com docuserv.hoamco.com to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where (i) a Subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer, (ii) where a valid, effective and uncontested notice has been provided to docuserv.hoamco.com docuserv.hoamco.com alleging facts which are a violation by the Subscriber or account holder of docuserv.hoamco.com docuserv.hoamco.com Copyright Policy prohibiting infringing activity in docuserv.hoamco.com docuserv.hoamco.com systems or servers, or (iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, docuserv.hoamco.com docuserv.hoamco.com expressly reserves the right to terminate or suspend the Service of any Subscriber or account holder if docuserv.hoamco.com WEB SITE, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights docuserv.hoamco.com docuserv.hoamco.com may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please contact docuserv.hoamco.com docuserv.hoamco.com AT email@example.com.
All Copyrights will be defended with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify docuserv.hoamco.com docuserv.hoamco.com if you become subject to any such order.
You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with docuserv.hoamco.com docuserv.hoamco.com and provide requested information in connection with all security and use matters. You agree to notify docuserv.hoamco.com docuserv.hoamco.com promptly if you suspect unauthorized use of the Service or of your UserID. You remain liable for unauthorized use until your notification to docuserv.hoamco.com AT firstname.lastname@example.org. You agree that your name, UserID, and other identifying information may be placed in our user directory.
docuserv.hoamco.com docuserv.hoamco.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the docuserv.hoamco.com docuserv.hoamco.com network.
- docuserv.hoamco.com docuserv.hoamco.com may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement.