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Turbo Views and Hits is in no way
affiliated with Myspace.
Terms Of Use
Turbo Views And Hits Website Agreement
www.turboviewsandhits.com Web Site (the “Site”)
is an online information service provided by Turbo Views and
Hits (“www.turboviewsandhits.com”), subject to
your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. www.turboviewsandhits.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights
and trademarks are www.turboviewsandhits.com, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the site solely for
your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from
the materials. You agree to grant to www.turboviewsandhits.com
a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such
as bulletin boards, forums and newsgroups) or by e-mail to
www.turboviewsandhits.com by all means and in any media now
known or hereafter developed. You also grant www.turboviewsandhits.com
the right to use your name in connection with the submitted
materials and other information as well as in connection with
all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against
www.turboviewsandhits.com for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to www.turboviewsandhits.com.
1a. TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or service marks
of www.turboviewsandhits.com. Other product and company names
mentioned in the site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by www.turboviewsandhits.com,
www.turboviewsandhits.com does not operate, control or endorse
any information, products or services on the Internet in any
way. Except for www.turboviewsandhits.com - identified information,
products or services, all information, products and services
offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with www.turboviewsandhits.com.
You also understand that www.turboviewsandhits.com cannot
and does not guarantee or warrant that files available for
downloading through the site will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to
satisfy your particular requirements foraccuracy of data input
and output, and for maintaining a means external to the site
for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE, ASSOCIATED SOFTWARE AND THE INTERNET. www.turboviewsandhits.com
PROVIDES THE SITE AND RELATED INFORMATION “AS IS”
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND www.turboviewsandhits.com SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.turboviewsandhits.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS
IS AT YOUR RISK. www.turboviewsandhits.com HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.turboviewsandhits.com BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF www.turboviewsandhits.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
www.turboviewsandhits.com makes no representations whatsoever
about any other web site which you may access through this
one or which may link to this Site. When you access a non-
www.turboviewsandhits.com web site, please understand that
it is independent from www.turboviewsandhits.com, and that
www.turboviewsandhits.com has no control over the content
on that web site. In addition, a link to a www.turboviewsandhits.com
web site does not mean that www.turboviewsandhits.com endorses
or accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless www.turboviewsandhits.com,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from
and against all losses, expenses, damages and costs, including
reasonable attorneys’ fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of www.turboviewsandhits.com
and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and
6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of United States applicable to agreements made
and to be performed in United States. You agree that any legal
action or proceeding between www.turboviewsandhits.com and
you for any purpose concerning this Agreement or the parties’
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in United
States . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause
of action is barred. www.turboviewsandhits.com’s failure
to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision
of this Agreement. ww.turboviewsandhits.com may assign its
rights and duties under this Agreement to any party at any
time without notice to you.
7. VIOLATIONS
By using our services you agree not to commit
any of the following specific violation of the TOS. The following
constitute specific violations of the TOS:
Illegal use: Our services may not be used for illegal purposes,
or in support of illegal activities. We reserve the right
to cooperate with legal authorities and/or injured third parties
in the investigation of any suspected crime or civil wrongdoing.
If anything is not legal in the United States of America,
it is not permitted to reside on our servers. If illegal content
or usage is found, the account will be suspended and/or terminated.
Subscriber agrees that the Company may disclose any and all
subscriber information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent who
makes a written request without further consent or notification
to the Subscriber.
Harm to minors: Use of our service to harm, or attempt to
harm, minors in any way, including, but not limited to child
pornography is prohibited. Violation of this policy will result
in immediate termination of your service and a report will
be made to law enforcement authorities.
Threats: Use of our service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property is prohibited.
Harassment: Use of our service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another
is prohibited. This also includes the harassment of Turbo
Views And hits, our affiliates, customers, or MySpace.
Fraudulent activity: Use of our service to make fraudulent
offers to sell or buy products, items, or services, or to
advance any type of financial scam such as “pyramid
schemes,” “ponzi schemes,” and “chain
letters” is prohibited. This also includes any knowing
misrepresentation or misleading statement, writing or activity
made with the intent that the person receiving it will act
upon it.
Forgery or impersonation: Adding, removing or modifying identifying
network header information in an effort to deceive or mislead
is prohibited. Attempting to impersonate any person by using
forged headers or other identifying information is prohibited.
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through our service is
in violation of the TOS. The use of anonymous remailers or
nicknames does not constitute impersonation.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM):
Use of our service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly prohibited. Violation
of this SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, we
will initiate an investigation. During the investigation,
we may restrict Subscriber access to the network to prevent
further violations. If a Subscriber is found to be in violation
of our SPAM policy, we may, at our sole discretion, restrict,
suspend or terminate the Subscriber’s account. Further,
we reserve the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy
violation. We will notify law enforcement officials if the
violation is believed to be a criminal offense. Anyone using
our service to host websites or services that support spammers
or cause any of our IP space to be listed in any of the various
Spam Databases will have their account(s) immediately suspended.
The account will not be unsuspended until such time that you
agree to remove any and all traces of the offending material
immediately upon reconnection. First violations of this policy
will result in an “Administrative Fee” of $36
and your account will be reviewed for possible immediate termination.
Severe violations may result in immediate and permanent removal
of the account(s) from our network without notice to the customer.
A second violation will result in an “Administrative
Fee” of $170 and immediate termination of your account.
Unauthorized access: Use of our service to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt
to penetrate, security measures of ours or another entity’s
computer software or hardware, electronic communications system,
or telecommunications system, whether or not the intrusion
results in the corruption or loss of data, is expressly prohibited
and the offending account is subject to immediate termination.
You may not attempt to circumvent user authentication or security
of any host, network or account. This includes, but is not
limited to, accessing data not intended for you, logging into
or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks.
Use or distribution of tools designed for compromising security
is prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or
network probing tools. Violations of system or network security
may result in civil or criminal liability. We will investigate
occurrences, which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
Copyright or trademark infringement: Use of our service to
transmit any material (by e-mail, uploading, posting or otherwise)
that infringes any copyright, trademark, patent, trade secret
or other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software is prohibited.
This also includes intellectual property rights. Distribution
and/or posting of copyrighted or the aforementioned infringements
will not be tolerated.
Collection of personal data: Use of the service to collect,
or attempt to collect, personal information about third parties
without their knowledge or consent is prohibited.
Network disruptions and unfriendly activity: Use of the service
for any activity which affects the ability of other people
or systems to use our services or the Internet is prohibited.
This includes “denial of service” (DOS) attacks
against another network host or individual user. Interference
with or disruption of other network users, services or equipment
is prohibited. This includes, but is not limited to: “flooding”
of networks, deliberate attempts to overload a service, and
attempts to “crash” a host. It is the Subscriber’s
responsibility to ensure that their account(s) are configured
in a secure manner. A Subscriber may not, through action or
inaction, allow others to use their account for illegal or
inappropriate actions. A Subscriber may not permit their account,
through action or inaction, to be configured in such a way
that gives a third party the capability to use their account
in an illegal or inappropriate manner. Unauthorized entry
and/or use of another company and/or individual’s computer
system will result in immediate account termination. We will
not tolerate any Subscriber attempting to access the accounts
of others, or penetrate security measures of other systems,
whether or not the intrusion results in corruption or loss
of data. We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to
parties on the Internet. In particular, if open relays are
on your account, or if denial of service attacks are originating
from your account. In certain rare cases, we may have to do
this before attempting to contact you. If we do this, we will
contact you as soon as is feasible.
Distribution of Viruses: Intentional distributions of software
or anything that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer systems are
prohibited. Such an offense will result in the immediate termination
of the offending account.
Inappropriate Use of Software: Use of software or any device
that would facilitate a continued connection, i.e. pinging,
while using our services could result in suspension of service.
Objectionable Material: You may not use our service to publish
material, which we determine, at our sole discretion, to be
unlawful, indecent or objectionable. For purposes of this
policy, “material” refers to all forms of communications
including but not limited to: narrative descriptions, graphics
(including photographs, illustrations, images, drawings, logos),
executable programs, video recordings, and audio recordings.
If you unsure if your content is objectionable, please contact
us before posting it.
Incriminating intent: Our services and software may not be
used as a means of information to be used against Turbo Views
and Hits, the ISP, the host, our affiliates, our customers,
or MySpace.
Controversial Misuse: You may not be affiliated with or a
part of MySpace, a law, legal, or government entity or organization.
You may not use our software in any way to take in whole or
in part, the features or functionality for your own products,
or your own gain.
Information Distribution: You may not distribute in whole
or in part any feature or function of our products to compeditors,
or anyone who would be violating the TOS by using the products
themselves; law enforcement, or MySpace employes.
Downloading Purposes: You agree that all
files are available for educational and archival purposes
only.
Use of our service by minors: Persons under the age of eighteen
(18) must have permission from their parent/guardian to use
our services. By signing up for our service, you agree that
you are over the age of eighteen, OR your parent/guardian
has permitted you to do so and has read and agreed to the
TOS, and has accepted responsibility for any actions you may
take as a minor under their custody.
By installing and/or purchasing The Increaser, you
are acknowledging and agreeing to all of these terms.
Turbo Views and Hits is not responsible for your
use of this product. If you abuse features or ignore MySpace.com's
Terms of Service, you are fully accountable for any damages
that may occur to MySpace.com and/or any other entity.
1. USE RIGHTS. Installation and Use. If you comply
with this agreement, you may, for each license you acquire:
• Install and use one copy of the software on one personal
computer or other device. You may install multiple copies
of the software on one device, provided that you have a license
for each copy. A license for the
software may not be shared or used concurrently on different
personal computers or devices.
2. SCOPE OF LICENSE. The software is licensed, not
sold. This agreement only gives you some rights to use the
software. Unless applicable law gives you more rights despite
this limitation, you may use the software only as expressly
permitted in this agreement. Turbo Views and Hits reserves
all other rights.
For example, you may not:
• Reverse engineer, decompile or disassemble the software,
except and only to
the extent that applicable law expressly permits it, despite
this limitation,
• Make more copies of the software than specified in
this agreement or allowed by applicable law, despite this
limitation.
• Publish the software for others to copy.
• Rent, lease or lend it, or
• Use it for commercial software hosting services.
All sales are final. Because Turbo Views and Hits
offers a trial evaluation to ensure that The Increaser will
meet your needs without the need to purchase, there will be
absolutely NO REFUNDS.
Before deciding to purchase our software, please
be sure to download, install and fully test the evaluation
version that we provide. We do not offer refunds on software
that has been delivered to customers via download.
We make available for download a free trial version
of The Increaser. Customers are encouraged to download the
free trial version and test it prior to purchasing a license
to the release version of the applicable product.
If a customer purchases a license for The Increaser,
we do not offer a cash refund or an exchange. Unlike physical
goods, electronically distributed software and software licenses
can be easily duplicated. Accordingly, it is our policy that
once we have distributed a release version to a customer,
the sale is final, and you may not return the software for
a refund or credit.
LEGAL EFFECT.
This agreement describes certain legal rights. You
may have other rights under the laws of your state or country.
You may also have rights with respect to the party from whom
you acquired the software. If the laws of your state or country
do not permit it, this agreement does not change those rights.
BY USING THE SOFTWARE,
YOU ACCEPT THESE LICENSE TERMS.
IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
Any rights not expressly granted here in are reserved.
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