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ILLEGAL OR HARMFUL USE of This Website
You may access and use our Website and Network only for lawful
purposes. You are responsible for any transmission you send,
receive, post, access, or store via our Network, including the
content of any communication. Transmitting, distributing, or
storing any material that violates any applicable law is prohibited.
Additionally, the following non-exhaustive list details the
kinds of illegal or harmful conduct that are prohibited:
Infringement: Infringement of
intellectual property rights or other proprietary rights including,
without limitation, material protected by copyright, trademark,
patent, trade secret or other intellectual property right. Infringement
may result from the unauthorized copying, distribution and/or
posting of pictures, logos, software, articles, musical works,
and videos. We also own all of the code, including the HTML code, and all
content. As you may know, you can view the HTML code with a standard browser.
We do not permit you to view such code since we consider it to be our
intellectual property protected by the copyright laws. You are therefore
not authorized to do so.
Offensive Materials: Disseminating or posting
material that is unlawful, libelous, defamatory, obscene, indecent,
lewd, harassing, threatening, harmful, invasive of privacy or
publicity rights, abusive, inflammatory or otherwise objectionable.
Export Violations: Including, without limitation,
violations of the Export Administration Act and the Export Administration
Regulations administered by the Department of Commerce.
Fraudulent Conduct: Offering or disseminating
fraudulent goods, services, schemes, or promotions (e.g., make-money-fast
schemes, chain letters, and pyramid schemes).
Failure to Abide by Third-Party Website Policies:
Violating the rules, regulations, or policies that apply to
any third-party network, server, computer database, or website
that you access.
Harmful Content: Disseminating or posting harmful
content including, without limitation, viruses, Trojan horses,
worms, time bombs, zombies, cancelbots or any other computer
programming routines that may damage, interfere with, secretly
intercept or seize any system, program, data or personal information.
ELECTRONIC COMMUNICATIONS
You may not distribute, publish, or send through our Network:
(1) unsolicited advertisements, solicitations, commercial e-mail
messages or promotional messages of any kind (commonly referred
to as "spam"); (2) unsolicited informational announcements;
(3) chain mail; (4) numerous copies of the same or substantially
similar messages; (5) empty messages; (6) messages which contain
no substantive content; or (7) very large messages or files
that disrupt a server, account, newsgroup, or chat service.
Likewise, you may not (1) participate in collecting e-mail addresses,
screen names, or other identifiers of others (without Compass Card/TMS Corporation's prior written consent), a practice sometimes known
as spidering or harvesting; (2) participate in using software
(including "spyware") designed to facilitate such
activity; (3) collect responses from unsolicited messages; or
(4) use any of our mail servers or another site's mail server
to relay mail without the express permission of the account
holder or the site.
NETWORK SECURITY AND INTEGRITY
You may not violate the security of our Website or Network in
any way. Such violations may result in criminal or civil liability.
Compass Card/TMS Corporation may, but is not obligated to, investigate
any violation of our Network. Compass Card/TMS Corporation may cooperate
with law enforcement where criminal or unauthorized activity
is suspected. By using Compass Card/TMS Corporation products services
or sending, receiving, posting, accessing, or storing any electronic
transmission via our Network, you agree to cooperate, as well,
in any such investigation. Examples of Network security violations
include, without limitation:
Hacking: 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 prior authorization of the owner of the system or network.
Interception: Unauthorized monitoring
of data or traffic on any network or system without the express
prior authorization of the owner of the system or network.
Intentional Interference: Interference
with service to any user, host or network including, without
limitation, denial-of-service attacks, mail bombing, news bombing,
other flooding techniques, deliberate attempts to overload a
system, and broadcast attacks.
Falsification of Origin or Routing Information:
Using, selling, or distributing in conjunction with the Services,
any computer program designed to conceal the source or routing
information of electronic mail messages in a manner that falsifies
an Internet domain, header information, date or time stamp,
originating e-mail address, or other identifier.
Avoiding System Restrictions: Using manual
or electronic means to avoid any limitations established by
Compass Card/TMS Corporation or attempting to gain unauthorized access
to, alter, or destroy any information that relates to any Compass Card/TMS Corporation
customer or other end-user. Compass Card/TMS Corporation
may, but is not obligated to, take any action it deems necessary
to protect its Website and Network, its rights or the rights
of its customers or third parties, or (2) optimize or improve
its Website, Network, services, systems, and equipment. You
acknowledge that such action may include, without limitation,
employing methods, technologies, or procedures to filter or
block messages sent through the Website or Network. Compass Card/TMS Corporation
may, in its sole discretion, at any time, filter
"spam" or prevent "hacking," "viruses"
or other potential harms without regard to any preference you
may have communicated to us.
INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT
All users of the Services must adhere to the terms of this Policy
and Agreement. We have the right, but are not obligated, to
strictly enforce this Policy and Agreement through self-help,
active investigation, litigation and prosecution.
We may also access and disclose any information (including transactional
information) related to your access and use of our Website or
Network for any lawful reason, including but not limited to:
(1) responding to emergencies;' (2) complying with the law (e.g.,
a lawful subpoena); (3) protecting our rights or property and
those of our customers; or (4) protecting users of those services
and other carriers from fraudulent, abusive, or unlawful use
of, or subscription to, such services. INDIRECT OR ATTEMPTED
BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED
BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER,
OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT
BY SUCH COMPANY, CUSTOMER OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY
MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A COMPASS CARD/TMS CORPORATION
WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION
ACCESSED BY OR PROVIDED TO YOU THROUGH A COMPASS CARD/TMS CORPORATION NETWORK
OR WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS,"
AND "AS AVAILABLE." COMPASS CARD/TMS CORPORATION AGENTS,
AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE
THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION
AT YOUR OWN RISK. COMPASS CARD/TMS Corp DOES NOT GUARANTEE
THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY
AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. UNDER NO CIRCUMSTANCES WILL COMPASS CARD/TMS CORPORATION ITS
AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK
OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY,
SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF
DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS
OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY
OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPASS CARD/TMS Corp
TS AGENTS, AND ITS LICENSORS, IF ANY, ARISING
OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY
COMPASS CARD/TMS CORPORATION NETWORK OR WEBSITE WILL NOT EXCEED $100.00.
BECAUSE SOME TERRITIRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY
OF COMPASS CARD/TMS CORP AND ITS AFFILIATES, AGENTS AND LICENSORS
IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
GOVERNING LAW
This Policy and Agreement is governed by and must be construed
under the laws of the TURKS AND CAICOS ISLANDS with exclusive jurisdiction
over and venue of any suit that relates to this Policy and Agreement.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Compass Card/TMS Corporation
from and against all claims, liabilities, losses, expenses,
damages and costs (including reasonable attorneys' fees) that
arise from: (1) any violation of this Policy and Agreement by
you; (2) any violation of any rights of a third party by you;
(3) any violation of applicable law; (4) information or content
that you submit, post, transmit or make available through our
Website or Network; or (5) your use of our Website or Network.
MODIFICATION OF THE POLICY AND AGREEMENT
We reserve the right to modify this Policy and Agreement at
any time, effective upon its posting, as modified, on www.compasscard.net.
You agree to the Policy and Agreement by accessing or using
our Website, products or services, or by sending any electronic
transmission through our Network.
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