::
TERMS AND CONDITIONS ::
This
agreement represents the complete agreement and understanding
between CuteBoyNet, (hereinafter "CuteBoyNet" or
or "the Company"), its affiliates, successors and
assigns, and you the CuteBoyNet account holder (hereinafter
called User) for your use and enjoyment of www.cuteboy.net,
and all of the content as may be contained thereunder, and
supersedes any other written or oral agreement. Upon notice
published on-line CuteBoyNet 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
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 CuteBoyNet.
If you do not agree to these terms and conditions, please
notify us at support
so we can terminate your account. Failure to notify CuteBoyNet
shall constitute your approval.
1. All individuals accessing cuteboynet.com represent to CuteBoyNet
that they are 18 years of age or older. Certain material available
on the internet through cuteboy.net 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. CuteBoyNet
has no control over and accepts no responsibility whatsoever
for such materials.
3. Information transmitted through cuteboynet.com and through
the Internet in general is not confidential. Therefore, CuteBoyNet
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. CuteBoyNet exercises no control whatsoever
over the content of the information on its website. Use of
any information obtained via cuteboynet.com is at your own
risk. Neither CuteBoyNet nor any of its licensors, employees
or agents warrants that the service will be uninterrupted
or error free; nor does CuteBoyNet 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.
CuteBoyNet, 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 cuteboy.net,
whether for breach of contract, tortious behavior, negligence,
or under any other cause of action.
Although CuteBoyNet 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
CuteBoyNet so that it can be corrected.
5. User agrees to indemnify and hold without harm CuteBoyNet,
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. CuteBoyNet’s Internet connections and all other services
provided to the user by CuteBoyNet 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 CuteBoyNet from
any claims resulting from your use of the service which damages
you or another party.
7. The right to use cuteboynet.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. CuteBoyNet'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. CuteBoyNet 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 CuteBoyNet will not
be tolerated. When CuteBoyNet becomes aware of possible violations,
we will initiate an investigation. At the same time, in order
to prevent further possible unauthorized activity, CuteBoyNet
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 CuteBoyNet
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:
The User is responsible for any and all fixed and accumulative
charges for this account. The first month service fee (or
other available billing period selected) is due upon account
setup. Each month (or other billing period selected), on the
date of the application, the account will be charged the monthly
access and any other fees for the new month plus any accumulated
charges for the past month. Unused free hours do not accrue
from one month to the next. Failure to use this account(s)
does not relieve the user of payment obligations.
Credit Card customers agree to allow CuteBoyNet to bill such
card on each successive billing date automatically after the
initial charge and account setup. User agrees to allow CuteBoyNet
to make the automatic monthly charge without separate authorization
from the account holder. Credit Card customers shall notify
CuteBoyNet of any changes in Credit Card Number or expiration
date. If the card is not honored for any reason CuteBoyNet
will attempt to notify the card holder from information given
at sign-up. CuteBoyNet may also attempt to contact the card
holder ONE time, via the email address provided at subscription.
If alternative billing is not established within seven (7)
days the account will be terminated. Re-establishment of the
account will be subject to a $5.00 reconnection fee.
If payment is by check, payment due dates are indicated on
your invoice, which will arrive via email and contains your
user identification and password. Dishonored checks are subject
to a collection fee and your account may be suspended until
the account is current. If payment is not received within
7 days of the due date, service will be terminated.
CuteBoyNet has the right to instantly terminate service for
any unpaid or partial paid subscriptions. Accounts in default
are subject to an interest charge of 1.5% per month on the
outstanding balance. Termination of service shall not relieve
the user from the obligation to satisfy outstanding invoices.
In the event CuteBoyNet utilizes an attorney to collect such
sums, the user shall be responsible for the payment of all
of CuteBoyNet attorneys' fees and costs in pursuing the collection
of these sums.
CuteBoyNet reserves the right to cancel service for any reason
without prior notice. In case of cancellation, unused fees
may be returned to the user on a pro-rata basis.
The User must notify CuteBoyNet in writing to cancel service.
Fees for any setup and the first month's service are not refundable,
unless the customer is unsuccessful in using the account and
notifies CuteBoyNet within ten days of establishing said service.
In addition to any price for services, Customer shall be responsible
for the gross amount of any present or future federal, state,
municipal or other government sales, use, excise, value added
or other similar taxes applicable to the price, sales or delivery
of any services furnished hereunder or to their use by customer.
11. Linked Internet Sites. CuteBoyNet 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. CuteBoyNet 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, CuteBoyNet may from time to time monitor the Postings
on the Site and may decline to accept and/or remove any Postings
that contain:
Any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, hateful, racially, ethnically or
otherwise objectionable material of any kind, including, but
not limited to, any material which encourages conduct that
would constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national
or international law.
Advertisements or solicitations of any kind.
Messages posted by users impersonating others.
Personal information such as messages which state phone numbers,
social security numbers, account numbers, addresses, or employer
references.
Messages by non-spokesperson employees of CuteBoyNet purporting
to speak on behalf of CuteBoyNet.
Messages that offer unauthorized downloads of any copyrighted
or private information.
Multiple messages placed within individual folders by the
same user restating the same point.
Chain letters of any kind.
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 Commonwealth
of Massachussetts and shall be governed by and construed in
accordance with the laws of the Commonwealth of Massachussetts,
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 Suffolk, in the Commonwealth
of Massachussetts, 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 CuteBoyNet
shall continue in force even in the event of termination of
these Terms and Conditions on other grounds. CuteBoyNet’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. CuteBoyNet 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 CuteBoyNet account the User accepts the
terms and conditions set forth in this agreement.
17. These Terms and Conditions were last changed July 8, 2004.
OUR PRODUCTS ARE INTENDED FOR ADULTS ONLY. If you decide to
enter this website, you certify, by checking the box below,
under penalty of perjury, that you are an adult and you are
not accessing this website to use it against the site operator
or anybody else, and that you will not share this material
with any minor, or any adult who might find this material
personally offensive, and that you believe this material does
not offend the community standards where you access from.
