The Third Rail Holdings service and the services provided by each
Third Rail Holdings web site (the "Service"),
is provided to you ("You" or "Your") by
Third Rail Holdings ("ThirdRailHoldings.com") on (and in consideration for
You agreeing to comply with) the following terms and conditions
and any operating rules or policies that may be published by
Third Rail Holdings on the Service from time to time (together the "Terms
1. TERMS AND CONDITIONS
By using any Third Rail Holdings web site
or signing up for Service with any Third Rail Holdings web site
you agree to these Terms and Conditions.
2. THE SERVICE
Third Rail Holdings currently provides users with access to several on-line
resources including communications tools, original and third party content, World Wide Web searching and data
storage tools through its network of properties and Third Rail Holdings web sites (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new Third Rail Holdings properties, shall be
subject to these Terms and Conditions. You understand and agree that the
Service is provided "AS-IS" and that Third Rail Holdings assumes no responsibility
for the content there in, timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device such as WAP enabled cell phone.
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data"); (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete and (c) reside or have a place of
business within Third Rail Holdings' service area. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Third Rail Holdings has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Third Rail Holdings has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
4. USE OF DATA
You agree that Third Rail Holdings (and/or its agents, sub-contractors
or affiliates) may use the information provided by You when
registering (the "Registration Data"). In providing the Service,
You also agree that Third Rail Holdings may disclose the Data to third parties. Please view
5. USER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not Third Rail Holdings, are entirely responsible for all Content
that you upload, post, e-mail or otherwise transmit via the Service.
Third Rail Holdings does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will
Third Rail Holdings be liable in any way for any Content, including, but not
limited to, for 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,
e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise
transmit any Content: (a) that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, libelous, obscene, invasive of
another's privacy, hateful, or otherwise objectionable; (b) that will harm
minors in any way; (c) that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information ); (d) that
impersonates any person or entity, including, but not limited to,
Third Rail Holdings: (i) Director; (ii) employee; (iii) contractor; (iv) associate;
(v) advertiser; (vi) development team member (vii) or falsely state or
otherwise misrepresent your affiliation with Third Rail Holdings or any person
or entity; (e) with forged headers or otherwise manipulated identifiers in
order to disguise the origin of any Content transmitted through the Service;
(f) such as any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation; (g) which contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality any computer software or hardware or telecommunications
equipment; (h) which infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party; or (i) which
interferes with or disrupts the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service.
Third Rail Holdings and its designees shall have the right, but is in no way
obligated, to remove any Content that violates these Terms and Conditions or
is otherwise objectionable. You agree that you 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, you
acknowledge that you may not rely on any content created by Third Rail
Holdings or submitted to the Service, without limitation.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You acknowledge and agree that Third Rail Holdings 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 these Terms and Conditions; (c)
respond to claims that any Content violates the rights of third-parties; (d)
used for training purposes; or (e) protect the rights, reputation, property, or personal
safety of Third Rail Holdings, its users and the public.
You acknowledge and agree that You are solely
responsible for any dealings You have with advertisers found
on the Service or with any other third party service providers
available through or via the Service, including payment for
any related goods or services. The terms, conditions, warranties
or representations associated with such dealings are solely
between You and such advertiser or third party.
You agree that Third Rail Holdings may in its sole discretion
terminate this agreement if it believes You have in any way
contravened any of the above provisions. You further agree that
Third Rail Holdings may use automated means to detect those who may
be abusing the Third Rail Holdings service and disable your service
at any time without warning.
Third Rail Holdings may change some or all of these Terms
and Conditions at any time and will post such changes on our web site.
Third Rail Holdings may change pricing for Services or choose to
modify or discontinue (temporarily or permanently) the Service
at any time and will post such changes on our web site.
You agree that Third Rail Holdings shall not be liable to You
or any third-party for any such change, modification or discontinuance.
Third Rail Holdings will not monitor, vet, edit or knowingly
disclose the contents of any email, posting, personal data, or media content
transmitted or received
by You using the Service which are not publicly accessable already, except that
You agree Third Rail Holdings may do so:
(a) if required to by law; (b) if necessary to enforce any of
these Terms and Conditions; (c) for training purposes; (d) to respond to claims that such
contents violate or infringe the rights of third-parties; or
(d) to protect the reputation, or rights or property of Third Rail Holdings.
You acknowledge that Third Rail Holdings will have to process
all email, posting, personal data, or media content in the normal course of providing the Service and
may identify through a footer and/or header of each email, posting, personal data, or media content that it has
been processed by the Service.
You agree that Third Rail Holdings may use automated software to detect
abuse of the Service which violates the Terms and Conditions (such as SPAM,
or virus). You agree that Third Rail Holdings may (but is NOT OBLIGATED TO) alter,
delete, log, or re-route email, postings, personal data, or media content that is deemed to be abusive or violates
the Terms and Conditions.
Certain Third Rail Holdings web sites
require registration in which you will receive a password and member account designation upon completing
the registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify Third Rail Holdings of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Third Rail Holdings cannot and will not be
liable for any loss or damage arising from your failure to comply with this
You agree to indemnify and keep indemnified
Third Rail Holdings (and its parent, subsidiaries, affiliates, officers and
employees) from and against any costs, damages, liabilities
and losses (including legal fees) suffered or incurred by Third Rail Holdings
as a result of any claim made by any third party due to or arising
out of Your use of the Service, Your connection to the Service
or any breach by You of any of Your obligations under these
Terms and Conditions.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Third Rail Holdings may establish and modify the general
practices and limits concerning use of the Service, including without
limitation the maximum size, or number of days that content or other uploaded
data will be retained by the Service, the maximum disk space that will be allotted on
Third Rail Holdings' servers on your behalf, the maximum number of times (and
the maximum duration for which) your content may be accessed via the Service in a given period
of time. You agree that Third Rail Holdings 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. You acknowledge that
Third Rail Holdings reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that Third Rail Holdings reserves
the right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
11. NO RESALE OF SERVICE
You agree 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.
You agree that Third Rail Holdings may terminate this Agreement
and Your use of the Service if Third Rail Holdings believes that You have breached
any of these Terms and Conditions. You further agree that Third Rail Holdings
may terminate Your use of the Service if Your account remains inactive
or Your use of the Service degrades the quality and performance of The Service
for other accounts on Third Rail Holdings.
You acknowledge and agree that any termination of the Service
under any provision of this Agreement may be effected without
prior notice, and agree that Third Rail Holdings may immediately thereafter
delete any content or data stored by it for You.
13. THIRD RAIL HOLDINGS PROPRIETARY RIGHTS
You acknowledge and agree that the intellectual
property rights in the Service (including but not limited to
any text, software, music, sound, photographs, graphics, video,
or other material made available as part of the Service) shall
remain vested in Third Rail Holdings or its licensors. You are permitted to
use the Service and the material and information provided through
it only as expressly authorized under these Terms and Conditions,
and You may not copy, reproduce, translate, adapt, transmit,
distribute, or create derivative works of such material content
or information or any part of the Service without express authorization.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THIRD RAIL HOLDINGS 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.
THIRD RAIL HOLDINGS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED 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 YOU
THROUGH THE SERVICE WILL MEET YOUR 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 YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 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 YOU FROM
THIRD RAIL HOLDINGS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
Third Rail Holdings accepts no responsibility for any unintentional
deletion or failure to properly store any content or data on
Third Rail Holdings accepts no responsibility for any costs
or damages arising from any interruption, suspension or termination
of the Service.
15. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIRD RAIL HOLDINGS 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 THIRD RAIL HOLDINGS 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 YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Except in relation to such liability as has
been expressly excluded the maximum aggregate liability of Third Rail Holdings
in contract, tort, statutory duty or otherwise (even where Third Rail Holdings
has been advised of the possibility of such loss or damage)
for any loss or damage whatever arising from or in relation
to this Agreement shall be limited to the monthly cost of the Service
($0.01 US if You use the FREE Third Rail Holdings Service). This limit shall
also apply in the event that any exclusion or other provision
contained in these Terms and Conditions is held to be invalid
for any reason and Third Rail Holdings becomes liable for loss or damage that
would otherwise have been limited.
These Terms and Conditions comprise the entire
agreement between You and Third Rail Holdings and supersede any prior agreements,
arrangements or representations relating to the Service. Each Third Rail Holdings web site
may have additional Terms and Conditions of use located on the respective Third Rail Holdings web site.
These Terms and Conditions shall be governed
by the laws of the United States of America and the state of West Virginia.
Any notices to be given under these Terms and
Conditions shall be made via email to the respective email address
of the recipient (except in respect of notices of changes to
the Terms and Conditions or any aspect of the Service which
may be notified by displaying notices to You via the Third Rail Holdings web site).
The failure of Third Rail Holdings to exercise or enforce any
right or provision of these Terms and Conditions shall not constitute
a waiver of such right or provision.
If any provision of the Terms and Conditions
is held by a court of competent jurisdiction to be invalid illegal
or unenforceable, such provision shall be deemed to be deleted
and the other provisions of the Terms and Conditions shall remain
in full force and effect.
You may not assign, transfer, sub-contract or
re-sell the Service or any of Your rights and obligations under
these Terms and Conditions.
17. How To Contact Us
Should you have other questions or concerns about these privacy policies, please contact us via our on-line form or via our postal mailing Address: PMB 08346, Morgantown W.Va. 26507-0877.