SPITwSPOTS WEBSITE VISITOR TERMS & CONDITIONS

These Terms and Conditions apply to the websites owned, operated or controlled by SPITwSPOTS, LLC ("SPITwSPOTS" and collectively the “SPITwSPOTS Sites”). Your use of the SPITwSPOTS Sites constitutes acceptance of these Terms and Conditions and you acknowledge that you have read and understand them. You agree to comply with the rules, standards and guidelines set out in these Terms and Conditions. SPITwSPOTS has the right to enforce these Terms and Conditions, in its sole discretion.

SPITwSPOTS reserves the right to modify these Terms and Conditions at any time without notice. Your continued use of the SPITwSPOTS Sites constitutes acceptance of the then-current Terms and Conditions in place as posted here. These Terms and Conditions supersede all previous terms and conditions, representations, understandings or agreements, whether verbal or written, between You and SPITwSPOTS as they relate to the SPITwSPOTS Sites. To the extent that these Website Visitor Terms and Conditions conflict with any separate agreement(s) between You and SPITwSPOTS (or its affiliates), the terms of those separate agreements shall supersede those herein.

ACCEPTABLE USE POLICY

1. Appropriate Use

General

You are solely responsible for your conduct while using the SPITwSPOTS Sites, as well as the conduct of anyone else using your account. This includes the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through SPITwSPOTS Sites.

SPITwSPOTS reserves the right to delete, move or edit any such item that SPITwSPOTS, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material SPITwSPOTS believes may cause any liability for it or which may cause SPITwSPOTS to lose the services of any supplier.

Use for Lawful Purposes

You may only use SPITwSPOTS products and services for lawful purposes. Posting, transmitting, promoting, distributing or storing Content in violation of any applicable law or regulation is prohibited. "Content" means the text, software, communications, images, sounds, and all other information and materials you encounter or generate on-line on the Internet.

You agree that you will not, and will not permit any person to, use the SPITwSPOTS Sites for any unlawful purpose. Such purposes include, but are not limited to, the transmission or storage of any information or data in violation of any applicable law, the engagement in any conduct that may constitute a criminal offense or give rise to civil liability or could otherwise violate any law order or regulation, including but not limited to any crime, act of terrorism, fraud, deception or any inducement to do the same. Conduct in the SPITwSPOTS space should conform to the requirements of the law, respect for the rights of other users of SPITwSPOTS, and current standards for communicating online. This includes following the rules of any Internet service provider, any other online services, and all applicable state, local and federal laws (including foreign or international law where appropriate).

Some examples of prohibited conduct include, but are not limited to:

• Unless otherwise permitted by law, transmitting or receiving any material that is obscene, indecent, pornographic, sexually explicit or graphic.
• Causing, or attempting to cause, harm to any minors or other third parties through, for example, the transmission of pornographic, obscene or profane materials.
• Planning illegal activity, such as building a bomb or counterfeiting money.
• Advertising a lottery, pyramid scheme, illegal solicitation scheme, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia.
• Pretending to be another person -- you may not impersonate another person (famous or not), another SPITwSPOTS customer, a SPITwSPOTS employee, or a civic or government leader.
• Using false statements to get, or to attempt to get, account information or other private information from other SPITwSPOTS Customers or other Internet users.
• Unless otherwise permitted by law, to transmit or receive any Content that is threatening, encourages harm to persons or property, harasses, abuses, defames, or invades the privacy of another person.
• Use Internet Relay Chat functions to perform chat flooding or to maintain more than two simultaneous chat connections. Use of automated “bots,” “clones” or similar programs is prohibited, and the Services may not be used to access any chat servers in violation of that server’s acceptable use policy.
• Infringing, diluting, misappropriating or otherwise violating the copyright, trademark, trade secret or other intellectual property rights.
• Activity that in any way interferes with any person, entity or computer system accessible via the Internet regardless of whether the interference is in violation of Federal, state or local law, including
  • unauthorized attempts to access or use the data or resources of another person, entity, host or network,
  • any attempt to probe another person, entity, host or network, or to breach the security of a system belonging to another person, entity, host or network; or
  • interference with any person, entity, host or network, including, but not limited to, mail-bombing, flooding, or any other deliberate attempt to adversely impact another person, entity, host or network.

SPITwSPOTS shall cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If SPITwSPOTS decides to investigate or resolve possible misuse involving you or anything you do on your SPITwSPOTS account, SPITwSPOTS is entitled to disclose any information about you and anything you do with your service to law enforcement or other government officials as SPITwSPOTS in its sole discretion believes to be necessary or appropriate.

Objectionable Conduct and Content

SPITwSPOTS reserves the right to remove content, without notice, if we become aware of content in any SPITwSPOTS area which, in our judgment, would be distasteful, shocking or threatening to another user. SPITwSPOTS reserves the right, in its sole discretion, to make the final determination about whether content is objectionable or not.

A general guideline is to ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. You agree to not submit, post or transmit through the SPITwSPOTS Sites any material or engage in any conduct that includes:

• Harassing, threatening, or embarrassing another SPITwSPOTS Customer or other Internet user;
• Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
• Allows you to circumvent or gain unauthorized access to the SPITwSPOTS Sites, or any account, computer system, or network connected to the SPITwSPOTS Sites, by means such as hacking, pretexting, password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the SPITwSPOTS Sites;
• Impersonates any person, business or entity, including SPITwSPOTS and its employees and agents or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including SPITwSPOTS;
• Contains an advertisement or solicitation or encourages others to make a donation;
• Contains viruses or any other computer code, files or programs that interrupt, destroy, disable or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• Constitutes or encourages conduct that would constitute a criminal offense or that would give rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously or under a false name;
• Permits any person to access, using your account, any features of the SPITwSPOTS Sites that may require registration;
• Results in any message being posted to any area of the SPITwSPOTS Sites if that message is, in SPITwSPOTS's view, in violation of these Terms and Conditions;
• Stalking another SPITwSPOTS Customer or other Internet user ("cyberstalking");
• Transmitting or facilitating distribution of content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable;
• If you are an adult, requesting personal or other information from a minor (any person under the age of 18) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
• Posting Content that defames, abuses or threatens physical harm to others or yourself.

System and Network Security

Violations of system and network security are prohibited, and may result in criminal and civil liability. SPITwSPOTS will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

• Using tools to compromise network security of SPITwSPOTS’ services, including systems that guess passwords, crack security, sniff packets or probe networks.
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network.
• Collect, or employ spyware that facilitates collection of, large numbers of email addresses, screen names or other user information without the user’s prior consent or conduct any other activity that could constitute spidering or harvesting.
• Attaching, or permitting another person to attach, any unauthorized device to SPITwSPOTS’ network, equipment or services.
• Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Falsifying your user identity or providing other false information to SPITwSPOTS or to other users of the Services in connection with your use of your SPITwSPOTS account or any feature of that account.
• Posting viruses or software designed to create a virus or to do harm to SPITwSPOTS’ Services, any SPITwSPOTS Customers or users of SPITwSPOTS Services, or any network components.
• Posting or transmitting any unsolicited advertising, promotional materials or solicitations, including any unsolicited bulk email, except on those websites that are designed for this purpose. Transmission of unsolicited messages or bulk emails to more than 10 destinations, or repeated unsolicited electronic messages to a single destination, will constitute “spamming” and is prohibited. You are responsible for maintaining and providing on SPITwSPOTS’ request any records to document opt-in consent to the receipt of unsolicited electronic messages.
• Disruption of any Services or any equipment of SPITwSPOTS or its customers. Such prohibited disruptions include, but are not limited to, posting or transmitting any information or software that contains a virus, computer worm or malware or that generates traffic levels that may impede the ability of others to send and receive information (such as through email bombing or the use of mass mailing programs), denial of service attacks, flooding of networks and efforts to overload services or to crash systems. Any use of computer viruses, worms, Trojan horses or other harmful software is prohibited, and you agree to take standard precautions to prevent the transmission of these and other forms of malware.
• Use of software that allows your account to stay logged on while you are not actively using the account, except for those accounts specifically designed to provide these kinds of connections.

2. Limitations and Restrictions

Information, Files and Programs

SPITwSPOTS accounts may be used to access all manner of information, files and programs available on the Internet. When accessing such resources, SPITwSPOTS strongly recommends the use of common sense, and the use of firewalls, router security and an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. SPITwSPOTS cannot, and does not attempt to guard account owners from any risk of harm associated with the use of information, files and/or programs retrieved from the Internet. SPITwSPOTS can only urge caution in the retrieval and/or use of any information, file or program from the Internet.

SPITwSPOTS explicitly disclaims any responsibility for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, files or programs retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of a SPITwSPOTS account is at your sole risk.

Personal Information

When using any on-line resource - whether email, newsgroups, web page postings, chat groups, on-line shopping, or other resources available on the Internet - SPITwSPOTS urges account owners to use caution in divulging personal information of any sort. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, account owners should never give out account name and password information). SPITwSPOTS explicitly disclaims any and all liability for loss or other damage of any type that is or might be incurred by you as a result of divulging personal information. All such information is divulged, if at all, at your sole discretion and risk.

Interruption of Service

From time to time, the services offered by SPITwSPOTS may be interrupted. Interruptions of service may occur for any number of reasons. Interruptions of service may occur in a given city or network wide in order for SPITwSPOTS to perform maintenance tasks. Interruptions may also occur for reasons completely beyond the control of SPITwSPOTS.

3. Limitation on Warranty, Limitation of Liability, and Indemnification

General

Your use of a SPITwSPOTS account constitutes your acknowledgement and agreement that SPITwSPOTS:

• Is not the manufacturer of equipment used to provide access to the Internet;
• Is not the developer of software used to access Internet resources, including software provided by SPITwSPOTS, if any;
• Is not the developer or provider of content available on the Internet other than the websites that SPITwSPOTS owns, manages or controls.

YOU AGREE THAT YOUR USE OF THE SPITWSPOTS SITES AND SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY SERVICE OR ANY MATERIAL AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT SPITWSPOTS’ SERVICES ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS.

SPITwSPOTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO IMPLIED OR EXPRESS WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE (1) SERVICES OFFERED, (2) EQUIPMENT USED TO PROVIDE SERVICES, (3) SOFTWARE USED TO ACCESS INTERNET RESOURCES, INCLUDING SOFTWARE MADE AVAILABLE BY SPITwSPOTS, IF ANY, AND (4) ANY AND ALL CONTENT THAT MIGHT BE ENCOUNTERED ON THE INTERNET FROM TIME TO TIME. THE SERVICES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. SPITwSPOTS AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH SERVICES, NOR DO THEY GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Your use of a SPITwSPOTS account constitutes your agreement that any and all damages which might arise from your use of the services, equipment supplied, software, Internet content, shall be your responsibility and shall not be the responsibility of SPITwSPOTS. Your use of a SPITwSPOTS account constitutes your waiver of any and all claims against SPITwSPOTS for any and all such damages.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPITWSPOTS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPITWSPOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SPITWSPOTS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SPITWSPOTS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SPITWSPOTS SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SPITWSPOTS SERVICES.

SPITwSPOTS takes no responsibility for any on-line distribution or publication by you. SPITwSPOTS does not review messages or content you may generate or post, and SPITwSPOTS is not responsible for what is contained in those messages or content. As a condition of your use of a SPITwSPOTS account, you agree to indemnify and hold harmless SPITwSPOTS for any and all claims made by any third party arising from your use of your SPITwSPOTS account, including claims against anyone utilizing your SPITwSPOTS account, whether or not known or allowed by you.

None of the provisions in this section of these Terms and Conditions shall be deemed to negate any other provision of these Terms and Conditions, provided however, that if any provision in these terms and conditions shall be deemed inconsistent with the provisions of this section, the provisions of this section shall be controlling.

Interruption of Service

Use of a SPITwSPOTS account constitutes your acknowledgment that such interruptions will occur from time to time. You acknowledge and agree that SPITwSPOTS shall not be liable to you for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of SPITwSPOTS.

By way of example, access to on-line brokerage services via the Internet would be lost during an interruption of service. SPITwSPOTS cannot and will not be responsible for loss of such access, regardless of whether the loss of such access occurs as a result of an interruption of service by SPITwSPOTS, or for any other reason. It is your responsibility to plan in advance against the possibility of occasional loss of access to such services.

Excusable Delay and Failure to Perform

SPITwSPOTS shall not be held liable for any delay, failure in performance, loss or damages due to a force majeure event including but not limited to fire, theft, embargo, explosion, power problem, earthquake, avalanche, volcanic action, flood, war, water, the elements, labor disputes or unrest, including strikes, slowdowns, picketing, or boycotting, civil disturbances, any law, order, regulation, ordinance, or requirement of any government or legal body, or any representative of any such government or legal body, or military authority, acts of God or public enemies, inability to secure raw materials, inability to secure Equipment or transportation facilities, acts or omissions of carriers, or other causes beyond the reasonable control of SPITwSPOTS.

In the event SPITwSPOTS should commence any legal action or actions, or otherwise seek to enforce a service agreement against You, You shall pay reasonable attorney(s) fees, court costs and other expenses incurred by SPITwSPOTS, whether or not a lawsuit is filed. SPITwSPOTS reserves the right to assess legal fees, including attorney and court fees, upon any customer who, by customer’s action or inaction, directly or indirectly causes SPITwSPOTS to be a defendant, co-defendant or have to testify in any civil or criminal legal action or arbitration.