Terms and Conditions
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
FiveThirteen currently provides users with access to a range of investment resources, directly, as well as through its network of contacts and service providers (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. The user of the FiveThirteen website understands and agrees that the Service is provided "AS-IS" and that FiveThirteen assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
The user of the FiveThirteen website is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). The user of the FiveThirteen website is responsible for those fees. In addition, the user of the FiveThirteen website must provide and is responsible for all equipment necessary to access the Service.
3. REGISTRATION OBLIGATIONS
In consideration of the user of the FiveThirteen website using the Service, the user of the FiveThirteen website agrees to: (a) provide true, accurate, current and complete information about the user of the FiveThirteen website as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the user of the FiveThirteen website provides any information that is untrue, inaccurate, not current or incomplete, or FiveThirteen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FiveThirteen has the right to suspend or terminate the account of the user of the FiveThirteen website and refuse any and all current or future use of the Service (or any portion thereof).
The information submitted to us will be used primarily for the purpose of creating successful matches between entrepreneurs and investors. Any information received is necessary to provide a level of certainty of intent and to maximize credibility. It may also be used to provide backup that may be helpful in your desire to seek capital and/or to invest. It is also needed in order to aid with the continual improvement of the site, compile basic demographic data and to generally improve the services offered to you. The company will not sell, share or rent your confidential information to any independent third parties without your prior consent.
Indexing - Please note that the title and short summary of entrepreneurs' pitches will be indexed on Google to attract more interest to your project. We therefore advise you not to include any confidential information in these sections of your pitch.
Cookies - If you decide to register as an entrepreneur or investor with FiveThirteen, "cookies" are used to recognize you on subsequent visits and to make your online experience more user-friendly. "Cookies" are small bits of data that can be sent to your computer which then may be stored by your browser on your computer's hard drive. They cannot be used to retrieve data from your hard drive, email addresses or personally identifying information about you in any way. Most web browsers have features that can notify you when you receive a "cookie" or prevent "cookies" from being sent. Please note that by not accepting cookies, you will limit the website’s functionality.
Security - Transaction information can be securely transmitted to the payment gateway via secure SSL connections. We do not store credit card details nor do we share customer details with any 3rd parties.
Sponsor Sites - FiveThirteen provides links to third party sponsors. These sponsors are independent of this site and regulated by their own policies and procedures. We do not we share customer details with any 3rd parties.
6. MEMBER CONDUCT
The user of the FiveThirteen website understands that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user of the FiveThirteen website, and not FiveThirteen, is entirely responsible for all Content that the user of the FiveThirteen website upload, post, email, transmit or otherwise make available via the Service. FiveThirteen does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. The user of the FiveThirteen website understands that by using the Service, the user of the FiveThirteen website may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FiveThirteen be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
The user of the FiveThirteen website agrees to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a FiveThirteen official, forum leader, guide or host, or falsely state or otherwise misrepresent the affiliation of the user of the FiveThirteen website with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that the user of the FiveThirteen website do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (if any) that are expressly designated for such purpose;
h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k) intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including, but not limited to, regulations promulgated by any National, State, Provincial or other Securities Commission or authority, any rules of any national or other securities exchange and any regulations having the force of law;
l) stalk or otherwise harass another; or
m) collect or store personal data about other users.
The user of the FiveThirteen website acknowledges that FiveThirteen does not pre-screen Content, but that FiveThirteen and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, FiveThirteen and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. The user of the FiveThirteen website agrees that it must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the user of the FiveThirteen website acknowledges that the user of the FiveThirteen website may not rely on any Content created by FiveThirteen or submitted to FiveThirteen.
The user of the FiveThirteen website acknowledges and agrees that FiveThirteen may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FiveThirteen, its users and the public.
The user of the FiveThirteen website understands that the technical processing and transmission of the Service, including the Content of the user of the FiveThirteen website, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, the user of the FiveThirteen website agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, the user of the FiveThirteen website agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which the user of the FiveThirteen website resides.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
FiveThirteen does not claim ownership of Content the user of the FiveThirteen website submits or makes available for inclusion on the Service. However, with respect to Content the user of the FiveThirteen website submits or makes available for inclusion on publicly accessible areas of the Service, the user of the FiveThirteen website grants FiveThirteen the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to photos, graphics, audio or video the user of the FiveThirteen website submits or makes available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as the user of the FiveThirteen website elects to continue to include such Content on the Service and will terminate at the time the user of the FiveThirteen website removes or FiveThirteen removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video the user of the FiveThirteen website submits or makes available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the FiveThirteen's network of properties that are intended by FiveThirteen to be available to the general public. However, publicly accessible areas of the Service would not include FiveThirteen services intended for private communication, or areas off of the FiveThirteen's network of properties such as portions of World Wide Web sites that are accessible through the FiveThirteen but are not hosted or served by the FiveThirteen.
The user of the FiveThirteen website agrees to indemnify and hold FiveThirteen, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the user of the FiveThirteen website submits, posts, transmits or makes available through the Service, the use of and connection to the Service by, the user of the FiveThirteen website, the violation of the TOS or of any rights of another by the user of the FiveThirteen website.
10. NO RESALE OF SERVICE
The user of the FiveThirteen website agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, including any intellectual property rights of FiveThirteen or any person firm or corporation having posted information for availability through the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
The user of the FiveThirteen website acknowledges that FiveThirteen may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FiveThirteen's servers on behalf of the user of the FiveThirteen website, and the maximum number of times (and the maximum duration for which) the user of the FiveThirteen website may access the Service in a given period of time. The user of the FiveThirteen website agrees that FiveThirteen has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The user of the FiveThirteen website further acknowledges that FiveThirteen reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
FiveThirteen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The user of the FiveThirteen website agrees that FiveThirteen shall not be liable to the user of the FiveThirteen website or to any third party for any modification, suspension or discontinuance of the Service.
The user of the FiveThirteen website agrees that FiveThirteen, in its sole discretion, may terminate the use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if FiveThirteen believes that the user of the FiveThirteen website has violated or acted inconsistently with the letter or spirit of the TOS or the FiveThirteen Acceptable Use Policy. FiveThirteen may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The user of the FiveThirteen website agrees that any termination of the user's access to the Service under any provision of this TOS may be effected without prior notice, and acknowledges and agrees that FiveThirteen may immediately deactivate or delete the user's account and all related information and files in the user's account and/or bar any further access to such files or the Service. Further, the user of the FiveThirteen website agrees that FiveThirteen shall not be liable to the user of the FiveThirteen website or any third-party for any termination of its access to the Service.
14. DEALINGS WITH ADVERTISERS
The correspondence or business dealings, or participation in promotions of, advertisers found on or through the Service by the user of the FiveThirteen website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user of the FiveThirteen website and such business, promoter or advertiser. The user of the FiveThirteen website agrees that FiveThirteen shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such businesses, promoters or advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FiveThirteen has no control over such sites and resources, the user of the FiveThirteen website acknowledges and agrees that FiveThirteen is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The user of the FiveThirteen website further acknowledges and agrees that FiveThirteen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. FiveThirteen'S PROPRIETARY RIGHTS
The user of the FiveThirteen website acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The user of the FiveThirteen website further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the user of the FiveThirteen website through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FiveThirteen or advertisers, the user of the FiveThirteen website agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
FiveThirteen grants the user of the FiveThirteen website a personal, non-transferable and non-exclusive right and license to use the Service; provided that the user of the FiveThirteen website does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the FiveThirteen website, the Software or the Content. The user of the FiveThirteen website agrees not to modify the Software in any manner or form, or to use modified versions of FiveThirteen website, the Software or the Content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The user of the FiveThirteen website agrees not to access the Service by any means other than through the interface that is provided by FiveThirteen for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
The user of the FiveThirteen website expressly understands and agrees that: a) Its use of the Service is at its sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. FiveThirteen expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) FiveThirteen makes no warranty that (i) the service will meet the requirements of the user of the FiveThirteen website, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtFiveThirteened from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the user of the FiveThirteen website through the service will meet its expectations, and (v) any errors in the Software will be corrected.
c) Any material downloaded or otherwise obtained through the use of the Service is done at the sole discretion and risk of the user of the FiveThirteen website and that it will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
d) No advice or information, whether oral or written, obtained by the user of the FiveThirteen website from FiveThirteen or through or from the Service shall create any warranty not expressly stated in the TOS.
e) It waives any claims it now has, or in the future may have, which gives or provides the user of the FiveThirteen with any cause of action whatsoever.
f) Notwithstanding any other provisions herein, user of the FiveThirteen acknowledges that neither the FiveThirteen or its Contributors, nor their affiliates or representatives shall be liable to the user of the FiveThirteen, for special, incidental or consequential, special, direct or indirect damages arising directly or indirectly from any occurrence whatsoever (including without limitation loss of profits, loss of business opportunity, loss of property, of any nature whatsoever), whether or not such damages were foreseeable by the FiveThirteen or its Contributors or any one of them was advised of the possibility of such damages and whether otherwise arising from any contractual, tortious acts or omissions of either party or of their respective affiliates or representatives, and whether or not it had any knowledge, actual or constructive, that such damages might be incurred for having relied on the material, information, data or the Content presented or forming part of any of the FiveThirteen website, to make personal, medical, legal, tax, accounting, investment or financial decisions.
g) The user of the FiveThirteen accepts total responsibility for any agreement, understanding or relationship the user of the FiveThirteen enters into with any of the Contributors. Further, the user of the FiveThirteen understands, acknowledges and agrees that FiveThirteen, in no manner whatsoever, endorses the said Contributors or whatever pitch may be presented by such Contributors and that FiveThirteen shall not be held liable for any claims of any nature whatsoever arising or resulting from any thesis or pitch of any of the Contributors, or from any agreement, understanding, association, investment or relationship concluded, agreed, made or established between the user of the FiveThirteen and any of the Contributors, of any type and for any reason whatsoever.
h) The user of the FiveThirteen understands, acknowledges and agrees that the FiveThirteen website is designed as an educational and networking tool only, and that FiveThirteen is not engaged in rendering, nor is it representing itself as rendering legal, tax, financial, accounting, medical or other professional advice or opinions of any nature whatsoever to the user of the FiveThirteen.
i) The user of the FiveThirteen hereby confirms that it qualifies as a sophisticated, accredited or professional investor", pursuant to all applicable legislation relating to the distribution and/or sale of securities.
j) The user of the FiveThirteen understands, acknowledges and agrees that it is its own responsibility to obtain independent legal, tax, financial, accounting, medical or other professional advice with respect to evaluating, agreeing, establishing and/or implementing any relationship or investment based on any of the material, information or strategies presented on the FiveThirteen website. Further, it is highly recommended that the user of the FiveThirteen take adequate time to review and evaluate whatever material or information received with whichever independent professional advisors the user of the FiveThirteen deems appropriate.
18. LIMITATION OF LIABILITY
The user of the FiveThirteen website expressly understands and agrees that FiveThirteen shall not be liable 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 FiveThirteen has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (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 Service; (iii) unauthorized access to or alteration of transmissions or data of the user of the FiveThirteen website; (iv) statements or conduct of any third party on the Service; (v) any agreement, understanding or relationship the user of the FiveThirteen enters into with any of the Contributors or any other person or entity with whom it has been put in contact through the FiveThirteen website; or (vi) any other matter relating to the Service.
19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to the user of the FiveThirteen website.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If the user of the FiveThirteen website intends to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, it is hereby urged to read the above Sections 17 and 18 again. These Sections apply with absolute rigor to the user of the FiveThirteen website. In addition, for this type of information particularly, the phrase "LET THE INVESTOR BEWARE" is paramount. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. FiveThirteen and its service providers and suppliers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any strategy, trading or investment decisions made based on such information.
21. NOTICE Notices to the user of the FiveThirteen website may be made via either e-mail, fax or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to the user of the FiveThirteen website generally on the Service.
22. TRADEMARK INFORMATION FiveThirteen, the FiveThirteen logo, the FiveThirteen design, and the FiveThirteen stylized, trademarks and service marks, and other FiveThirteen logos and product and service names are trademarks of FiveThirteen (the "FiveThirteen Marks"). Without FiveThirteen's prior permission, the user of the FiveThirteen website agrees not to display or use in any manner, the FiveThirteen Marks.
23. GENERAL INFORMATION
The TOS constitute the entire agreement between the user of the FiveThirteen website and FiveThirteen and govern the use of the Service by the user of the FiveThirteen website, superseding any prior agreements between the user of the FiveThirteen website and FiveThirteen. The user of the FiveThirteen website also may be subject to additional terms and conditions that may apply when the user of the FiveThirteen website uses affiliate services, third-party content or third-party software. The TOS and the relationship between the user of the FiveThirteen website and FiveThirteen shall be governed by the laws in force in the United Kingdom, without regard to its conflict of law provisions. The user of the FiveThirteen website and FiveThirteen agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Great Britain. The failure of FiveThirteen to exercise or enforce any right or provision of the TOS, the FiveThirteen subscription documentation Terms and Conditions or the FiveThirteen Acceptable Use Policy shall not constitute a waiver of such right or provision. If any provision of the TOS, the FiveThirteen subscription documentation Terms and Conditions or the FiveThirteen Acceptable Use Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS, the FiveThirteen subscription documentation Terms and Conditions and the FiveThirteen Acceptable Use Policy remain in full force and effect. The user of the FiveThirteen website agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS, the FiveThirteen subscription documentation Terms and Conditions and the FiveThirteen Acceptable Use Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
24. ACCEPTABLE USE For purposes of this Acceptable Use Policy ("AUP"), a "Customer" is defined to include any organization, individual, company or other entity with which FiveThirteen has entered into any agreement or contract for the supply of services, including through the FiveThirteen website. A Customer shall also be responsible for the use of the FiveThirteen website by any subsidiaries, affiliates, partners, Authorized Staff, suppliers, clients, or any other person gaining access to the FiveThirteen website in any manner whatsoever, that directly or indirectly utilize the FiveThirteen website provided to the Customer.
The Customer may only use the FiveThirteen website for lawful purposes. The use of the FiveThirteen website in violation of any local or international legislation or regulation is prohibited. This includes, but is not limited to, transmission of proprietary or copyright material without the consent of the owner, material legally judged to be threatening, offensive, or obscene, and third party material protected by patent, trade secret or any other type of intellectual property right, whether or not the Customer was aware of the content of the material or of the relevant law.
FiveThirteen will fully co-operate with investigations of suspected criminal violations and violations of systems or network security under the leadership of law enforcement authorities.
Use of any information obtained via the FiveThirteen website is at Customers' own risk. FiveThirteen is not responsible for the accuracy, quality, or content of information obtained through NS Products.
All FiveThirteen services are for end-user use only and may not be resold to third-parties without providing end-user information to FiveThirteen.
The Customer will indemnify and hold FiveThirteen harmless from any claim brought by third parties alleging that use of the FiveThirteen website by the Customer has infringed any applicable local or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and final judgments awarded against FiveThirteen arising from such claims. The Customer shall immediately give FiveThirteen written notice of any claim the Customer is involved with or aware of. Should the Customer fail to do so, FiveThirteen may defend such claims at the Customer's sole cost.
FiveThirteen will cooperate with any law enforcement authorities having jurisdiction to discourage and resist abuses of acceptable use policies. FiveThirteen reserves the right to take corrective action upon notification to FiveThirteen of unacceptable use by the Customer. FiveThirteen reserves the right, at its discretion and without notice, to remove any material or data and to block the use of the network for one or more users.
The Customer may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), reverse engineer, decompile, deconstruct any programming, nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
The Customer is forbidden to send e-mail to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, financial and investment promotions, political tracts, announcements, etc.) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). A Customer caught spamming on FiveThirteen, or who persist in the mass distribution of unsolicited e-mail messages, will be dealt with immediately in accordance with this AUP.
The FiveThirteen website may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees, through its own operations, not to cause disturbances, outages or other problems which may affect FiveThirteen's network or network based equipment, or which may adversely affect FiveThirteen's ability to provide services.
FiveThirteen reserves the right to prohibit activities that violate this AUP or may damage its reputation.
FiveThirteen will generally not monitor private electronic mail messages sent or received by its Customers but may conduct reasonable investigation of a Customer (i) if required by law or (ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation or (iii) when public safety may require it. FiveThirteen may at all time monitor usage of the FiveThirteen website electronically to determine if it is operating satisfactorily.
FiveThirteen may disclose its Customers' information or information transmitted by means of its facilities (i) to comply with legal requirements or (ii) where necessary to protect FiveThirteen and others from harm or (iii) where such disclosure is necessary to the proper operation of the FiveThirteen website.
The Customer acknowledges that FiveThirteen is unable to exercise control over the content of information passing through its facilities or carried as a result of supplying the FiveThirteen website and is therefore not responsible for that content.
FiveThirteen reserves the right, at its discretion and without notice, to automatically filter, disconnect and/or deny access to any Customer who violates this policy. This remedy shall also be applied when the Customer has engaged in any of the foregoing activities by using the service of another provider and, channelling such activities through a FiveThirteen account, re-mailer, or otherwise through the FiveThirteen website, or using a FiveThirteen account as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities, if such use of another party's service could reasonably be expected to adversely affect the FiveThirteen website. FiveThirteen reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
Violation of this AUP (direct or indirect, including by a third party) entitles FiveThirteen to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate one or more subscriptions to the FiveThirteen website, or take any other appropriate action, as determined by FiveThirteen in its sole discretion, in addition to any remedies provided by any agreement to provide access to the FiveThirteen website. FiveThirteen may give notice of violations but FiveThirteen reserves the right to act without notice when necessary, as determined by FiveThirteen in its sole discretion. Nothing in this AUP is to be construed to limit FiveThirteen's actions or remedies in any way with respect to any of the foregoing activities, and FiveThirteen reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the cost of identifying offenders and terminating their access to the FiveThirteen website, and charging to cover FiveThirteen's costs in the event of such termination of access or like situation. FiveThirteen may co-operate with other service providers to discourage and resist abuses of acceptable use policies. FiveThirteen reserves the right to take corrective action upon notification to FiveThirteen of unacceptable use on other networks. The FiveThirteen website may be linked to other networks world-wide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees, through its operations, not to cause disturbances, outages or other problems which may affect FiveThirteen's or any other network or network based equipment, or which may adversely affect FiveThirteen's ability to provide access to the FiveThirteen website.
Nothing contained in this AUP shall be construed to limit FiveThirteen's actions or remedies in any way with respect to any of the foregoing activities, and FiveThirteen reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the FiveThirteen website, and levying cancellation charges to cover FiveThirteen's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, FiveThirteen reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
Customer will indemnify and hold FiveThirteen harmless from any claim brought by third parties relating to the Customer's use of the FiveThirteen website. The Customer must defend and pay all damages and costs (including legal fees) arising from such claims. The Customer must immediately notify FiveThirteen of any claim or potential claim, within the Customer's knowledge, involving the Customer related to the FiveThirteen website. Failure to do so gives FiveThirteen the right to defend such claims at Customer's sole cost and expense.
FiveThirteen is committed to providing quality service to all of its Customers. While the AUP may appear harsh, FiveThirteen believes it is necessary to ensure that it is able to provide professional, efficient, stable service within an environment of security and trust which its Customers may require and come to expect from an organization such as FiveThirteen.
This AUP is subject to change. Please contact us with any questions regarding the policy or to report a breach of AUP.