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Terms of Service
and Acceptable Use Policy
Access to the Service
The Service is a public service provided by Missing Tooth Wireless
Networks. Your access to the Service is completely at the discretion of
Missing Tooth Wireless Networks, and your access to the Service may be
blocked, suspended, or terminated at any time for any reason including,
but not limited to, violation of this Agreement, actions that may lead to
liability for or its owners, disruption of access to other Users or
networks, and violation of applicable laws or regulations. Missing Tooth
Wireless Networks may revise this
Agreement at any time. You must accept this Agreement each time you use
the Service and it is your responsibility to review it for any changes
each time.
Acceptable Use of the Service
Missing Tooth Wireless Networks supports the free flow of information and
ideas over the Internet. Your access to the Service is conditioned on
legal and appropriate use of the Service. Your use of the Service and any
activities conducted online through the Service shall not violate any
applicable law or regulation or the rights of , or any third party.
The use of the Service for the following activities
is prohibited:
Spamming and Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet
using the Service or using the Service for activities that invade
another's' privacy.
Obscene or Indecent Speech or Materials
Using Missing Tooth Wireless Networks to advertise, solicit, transmit,
store, post, display, or otherwise make publicly available and viewable
obscene or indecent images or other materials. Missing Tooth Wireless
Networks will notify and fully cooperate with law enforcement if it
becomes aware of any use of the Service in any connection with child
pornography or the solicitation of sex with minors.
Defamatory or Abusive Language
Using the Service to transmit, post, upload, or otherwise making available
defamatory, harassing, abusive, or threatening material or language that
encourages bodily harm, destruction of property or harasses another.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part,
to mask the originator of the message.
Hacking
Accessing illegally or without authorization computers, accounts,
equipment or networks belonging to another party, or attempting to
penetrate security measures of another system. This includes any activity
that may be used as a precursor to an attempted system penetration,
including, but not limited to, port scans, stealth scans, or other
information gathering activity.
Distribution of Internet Viruses, Trojan Horses,
or Other Destructive Activities
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial
of service attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the Node or any connected
network, system, service, or equipment.
Facilitating a Violation of this Agreement of Use
Advertising, transmitting, or otherwise making available any software
product, product, or service that is designed to violate this Agreement,
which includes the facilitation of the means to spam, initiation of
pinging, flooding, mailbombing, denial of service attacks, and piracy of
software.
Other Illegal Activities
Using the Service in violation of applicable law and regulation,
including, but not limited to, advertising, transmitting, or otherwise
making available ponzi schemes, pyramid schemes, fraudulently charging
credit cards, pirating software, or making fraudulent offers to sell or
buy products, items, or services.
Notice of Violations of the AUP
Missing Tooth Wireless Networks requests that anyone who believes that
there is a violation of the AUP direct the information to: admin@lowvolt.cjb.net
Disclaimer
You acknowledge (i) that the Service may not be uninterrupted or
error-free; (ii) that viruses or other harmful applications may be
available through the Service; (iii) that does not guarantee the security
of the Service and that unauthorized third parties may access your
computer or files or otherwise monitor your connection; (iv) that 's and
that its owners ability to provide the Service without charge is based on
the limited warranty, disclaimer and limitation of liability specified in
this Section and it would require a substantial charge if any of these
provisions were unenforceable. THE SERVICE AND ANY PRODUCTS OR SERVICES
PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS",
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES,
CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO
THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY,
QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL
RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW,
CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY , OR OTHERWISE (INCLUDING, BUT
NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY
OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
No Consequential Damages
UNDER NO CIRCUMSTANCES WILL Missing Tooth Wireless Networks, ITS owners,
THEIR SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT,
SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER
FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES
OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED
ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF
GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE,
STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO
EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION),
ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF
CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR
OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT OR ITS owners MAY
INCUR IN ANY ACTION OR PROCEEDING EXCEED $100. THE LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO
THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES
LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS.
Indemnity
You agree to indemnify and hold harmless , its owners, and its and their
suppliers and licensors, officers, directors, employees, agents and
affiliates from any claim, liability, loss, damage, cost, or expense
(including without limitation reasonable attorney's fees) arising out of
or related to your use of the Service, any materials downloaded or
uploaded through the Service, any actions taken by you in connection with
your use of the Service, any violation of any third party's rights or an
violation of law or regulation, or any breach of this agreement. This
Section will not be construed to limit or exclude any other claims or
remedies that may assert under this Agreement or by law.
Arbitration
You agree to submit any and all controversies or claims arising out of or
relating to this Agreement or the existence, validity, breach or
termination thereof, whether during or after its term, to an arbitrator.
The arbitrator may, at either party's request, grant injunctive relief.
The arbitral award will be the exclusive remedy of the parties for all
claims, counterclaims, issues or accountings presented or plead to the
arbitrator. Judgment upon the arbitral award may be entered in any court
that has jurisdiction thereof. Any additional costs, fees or expenses
incurred in enforcing the arbitral award will be charged against the party
that resists its enforcement. Nothing in this Section will prevent the
parties from seeking interim injunctive relief against one another.
Interpretation
This Agreement shall not be construed as creating a partnership, joint
venture, agency relationship or granting a franchise between the parties.
Except as otherwise provided above, any waiver, amendment or other
modification of this Agreement will not be effective unless in writing and
signed by the party against whom enforcement is sought. If any provision
of this Agreement is held to be unenforceable, in whole or in part, such
holding will not affect the validity of the other provisions of this
Agreement. Missing Tooth Wireless Networks performance of this Agreement
is subject to existing laws and legal process, and nothing contained in
this Agreement shall waive or impede Missing Tooth Wireless Networks right
to comply with law enforcement requests or requirements relating to your
use of this Service or information provided to or gathered by with respect
to such use. This Agreement constitutes the complete and entire statement
of all terms, conditions and representations of the agreement between you
and with respect to its subject matter and supersedes all prior writings
or understanding.
Email:
admin@lowvolt.cjb.net
Missing Tooth Wireless Networks is a division of
Low Voltage Power Supplies
"Placing your Electrons ... into Orbit"
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