(The Entire Contents of this Document Should be Regarded
as "The Member Agreement", but not limited
to, and including, the following)
Welcome to the Website for America's Political Communication
System™. America's Political Communication System™
provides it's political communication services to you
(Member or User) partner with America's Political Communication
System™ under the following Membership and User
Terms of Service. America's Political Communication
System™ reserves the right to change or add portions
to these terms of service without notice to you. You
may view an updated version of these terms at anytime
by using the following Website URL.
http://www.americapcs.com/users/members_agreement.asp?lngHostID=
America's Political Communication System™ may
also offer other types of services or accounts that
are subject to a different Terms of Service agreement
other than the Membership and User Terms of Service;
such as but not limited to the following:
 Privacy
Statement
Host
Terms of Service Agreement
COMPANY SPECIFIC DEFINITIONS
Company: America's Political Communication
System™ Incorporated
Website: Any public Internet/World
Wide Web service purchased by America's Political Communication
System™ and actively used for the purpose of the
Company's business. Specifically (at this time), this
refers to all content provided under the domain name
http://www.americapcs.com.
User: Any individual that visits, uses or participates
in any Website, web application or other electronic
communication interface developed by America's Political
Communication System™.
Member: Any individual that is a User
and has a registered account with America's Political
Communication System™ that allows that individual
to use the special Membership features of our technology
and Website
Host: Includes (but not limited to)
an individual, association, organization, political
committee, etc that has purchased a Host account from
America's Political Communication System™ which
allows rental of a personal Host Forum and access to
all the applications and tools for managing that Host
Forum.
Host Forum: An area of the Website
specific to a particular Host. For Members and Users,
this area provides access to applications such as (but
not limited to) the Collaborative Conversation™
Control Panel, Message Boards, Contributions Collection
for the Forum Host, etc.
DESCRIPTION
OF SERVICE
America's Political Communication System™ Website
and services should solely be used for only the stated
purposes. The following is a legal contract between
you (hereinafter referred to as User or Member).
America's Political Communication
System™ currently offers web-based tools and applications
to facilitate an environment for political communication.
This includes all the applications described as a Host
Forum as well as search engine applications, Member
registration applications or any other services contained
in the Website Any new services or enhancements to existing
services are subject to the Membership and User Terms
of Service. The following describes the current services
and applications offered to Members and Users (note:
Member registration is required to make full use of
these services):
Collaborative Conversation
Control Panel: The application that presents
Collaborative Conversations™ to America's Political
Communication System™ Members. This application
displays questions, videos, additional resources and
a voting environment. Content is created by Hosts with
the purpose of allowing Members to vote and/or express
their opinion on particular issues while learning more
about the issues. This application collects the voting
data from each user and uses this data to create anonymous
demographical reports that are presented to the Host
of the Collaborative Conversation.
Forum Message Boards: This application
facilitates common message board (discussion board)
features that allow Members to post, replyand read messages
amonst one another in a threaded message board environment.
Contributions Collection: This application
represents a set of documents that allow Members to
make contributions to particular Hosts. (ie: political
candidacy contributions, charitable donations, etc.)
The Member may use a credit card and make a contribution
through a secure merchant account credit card verification
system. Optionally the Member may print a special invoice
and mail his/her contribution via check directly to
America's Political Communication System™.
Website Search: This application allows Website
users to search through various services of the Website
by using keywords or other common search engine options.
Membership Registration: This application
represents a set of documents that allows users to register
for Website account Membership.
Membership Account Management: This
application represents a set of documents that allows
Members to maintain a quick list of favorite Host Forums,
edit account Membership information, contact customer
service or view a history of that Member's contributions
collected through our Contributions Collection service.
OUR RIGHTS AND
RESPONSIBILITIES
America's Political Communication System™ agrees
to uphold all terms and conditions of our Official
Privacy Statement
America's Political Communication System™ reserves
the right to change prices and otherwise modify the
Member and User Terms of Services agreement.
America's Political Communication System™ may
modify or discontinue service (or Member account) with
or without notice to any Member, without liability to
any Member or any third party.
America's Political Communication System™ owns
and retains proprietary rights of its' service
The service contains the copyrighted material, trademarks
and other proprietary information of The Company and
its licensors.By posting information or content to any
area of the Website, Member automatically grants, represents
and warrants that Member has the rights to grant America's
Political Communication System™ or other Members
an irrevocable, perpetual, non-exclusive, fully-paid,
worldwide license to use, copy, perform, display and
distribute such information and content and to prepare
derivative works of, or incorporate into other works,
such information and content, and to grant and authorize
sublicenses of the foregoing.
America's Political Communication
System™ will keep confidential all information
supplied by Member to The Company, including credit
card numbers and e-mail addresses, and shall use or
disclose such information only for the purposes for
which such information was collected, or as required
by law, subpoena or court order.
America's Political Communication System™ will
forward child pornography or complaints of criminal
activity to the proper law enforcement agency.
If America's Political Communication System™ fails
to provide the service as agreed in these terms and
conditions of service due to technical interruption
and or disruption caused by The Company or the resources
used by The Company necessary to perform The Service
for a period more than 10 business days, The Company
reserves the right to perform whatever investigations
they deem necessary to ensure Member has in no way caused
said condition(s). The investigation period, should
one arise, will not exceed a period of more than 90
days. However, if any time during or the completion
of the investigation period, it is proven Member in
any way caused or created the said condition, The Company
reserves the right to deny any applicable refunds as
well as assess and collect any monetary damages or cost
incurred by such damages, including legal fees associated
with any legal representation secured by The Company
in defense of its claims.
America's Political Communication System™ shall
not be liable for any direct, indirect, incidental,
special, or consequential damages resulting from the
use or the inability to use the Company or for the cost
of procurement of substitute goods and services or resulting
from any goods or services purchased or obtained or
messages received or transactions entered into through
the Company or resulting from unauthorized access to
or alteration of user's transmissions or data including,
but not limited to, damages for loss of profits, use,
data or other intangible, even if the Company has been
advised of the possibility of such damages.
America's Political Communication System™ does
not make any warranty that the Company will meet Member's
requirements, or that the Company will be uninterrupted,
timely, secure, or error free; nor does the Company
make any warranty as to the results that may be obtained
from the use of the Company or as to the accuracy or
reliability of any information obtained through the
Company.
MEMBER RIGHTS
AND RESPONSIBILITIES
Member understands and agrees with all terms and conditions
as stated in the Company's Official
Privacy Statement
Member will defend, indemnify and hold harmless America's
Political Communication System™, its officers,
directors, employees, agents and third parties for any
claims, demands, losses, costs and expenses (including
reasonable attorney fees) made by any third party due
to or arising out of Content you submit, post, transmit
or make available 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
user.
Member agrees to assume
all of the risks associated with making himself or herself
known to a Host or other Member . Any offensive-suggestive
material or pictures will be interpreted as a violation
of these terms and Conditions of service. No written
language that The Company deems in any way offensive-suggestive
will be tolerated.
Member also agrees to hold harmless America's Political
Communication System™ should they involuntarily
be subjected to material or language which they deem
offensive. In addition, The Company disclaims all liability,
regardless of the form of action for the acts or omissions
of other Members or Members (including unauthorized
users ("hackers") of our service.
Member agrees that Ohio law shall govern the Agreement
and that any dispute arising out of or relating to this
Agreement shall be subject to the federal and state
courts in Franklin County, Ohio. This Agreement, accepted
upon registering for The Company’s Service, contains
the entire agreement between Member and The Company
regarding the use of the Service. Unless otherwise explicitly
stated, the Terms and Conditions of Service will survive
termination of Member’s Membership to the Service.
If any provision of this Agreement is held invalid,
the remainder of the Agreement shall continue in full
force and effect.
Membership can be terminated by Member at any time.
The Company reserves the right to change the cost (if
and when applicable) of Membership with thirty days
notice.
Member understands that America's Political Communication
System™may collect commission on contributions
and donations made through our service.
Member expressly agrees that use of our Website or services
is at the Member's sole risk. The service is provided
on an "as is" and "as available"
basis. The Company expressly disclaims all warranties
of any kind, express or implied, including without limitation
any warranty of merchantability, fitness for a particular
purpose, or non-infringement.
Member understands and agrees that any material and/or
data downloaded or otherwise obtained through the use
of the Company is at user's own discretion and risk
and that Member will be solely responsible for any damage
to Member's computer system or loss of data that results
from the download of such material and/or data. The
Company does not make any warranty regarding any goods
or services purchased or obtained through the Company
or any transactions entered into through the Company.
USER AND MEMBER
CONDUCT
You (User or Member) agree to abide by all applicable
local, state, national and international laws and regulations
and are solely responsible for all acts or omissions
that occur under your account or password, including
the content of your transmissions through our Website.
By way of example, and not as a limitation, you agree
not to:
Use of our Website. in connection with chain letters,
junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise);
Harvest or otherwise collect information about others,
including email addresses, without their consent;
Create a false identity
or forged email address or header, or otherwise attempt
to mislead others as to the identity of the sender or
the origin of the message;
Transmit through our Website, any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature;
Transmit any material that may infringe the intellectual
property rights or other rights of third parties, including
trademark, copyright or right of publicity;
Transmit any material that contains viruses, Trojan
horses, worms, time bombs, cancelbots, or any other
harmful or deleterious programs;
Violate any U.S. law regarding the transmission of technical
data or software exported through our Website;
Interfere with or disrupt networks connected to our
Website or violate the regulations, policies, or procedures
of such networks;
Attempt to gain unauthorized access to our Website,
other accounts, computer systems or networks connected
to our Website, through password mining or any other
means;
Interfere with another Member's use and enjoyment of
our Website or services or another entity's use and
enjoyment of similar services.
DISCLOSURE IN
EVENT OF IMPROPER USE OR MISCONDUCT
Not withstanding anything herein to the contrary, America's
Political Communication System™ shall be permitted
to disclose Host and Member information and registration
data, including personally identifiable information,
to third parties as follows:
A) in response to a request by law
enforcement authorities;
B) in response to any court-ordered
subpoena or other process under color of law; and/or
C) when America's Political Communication
System™ reasonably believes that a Member has
breached the terms of any agreement with America's Political
Communication System™ , violated the rights of
any third party, or violated any law, statute or regulation.
By registering to be an America's Political Communication
System™ Member,Member is confirming that he/she
has read and does agree to abide by the terms and conditions
of Service specified within this agreement. Violation
of any one of these terms could result in termination
of your Member account.
To resolve a complaint regarding The Company’s
Service the Member should first contact America's Political
Communication System™ via e-mail at: Customer
Service or call The Company at (740) 392-2002.
The execution of a Written Document or Use of The Company’s
Service constitutes acceptance of these Terms and Conditions
of Service.
To report a violation of these Terms and Conditions
of Service to AmericaPCS, Inc., please send an e-mail
to: Customer Service or call The Company at (740) 392-2002.
Copyrights, Intellectual
Property Rights and Trademarks(2) The materials on this
web site are Copyright © 2004.
All rights reserved.
You are hereby authorized to view, copy, print and distribute
these materials subject to the following conditions:
The materials may be used for internal purposes only.
Any copy of these materials or any portion thereof must
include the above copyright notice.
Any product, process or technology described in these
materials may be the subject of other intellectual property
rights reserved by America's Political Communication
System™ and are not licensed hereunder.
AmericaPCS, APCS, Collaborative Conversation™
and the AmericaPCS logo are trademarks or registered
trademarks of America's Political Communication System™.
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