ThirdRail Holdings Terms Of Service Effective January 15th, 2003


Terms Of Service Table Of Contents:
  • Terms and Conditions
  • The Service
  • Registration
  • Use of Data
  • User Conduct
  • Modifications
  • Privacy
  • Security
  • Indemnity
  • General Practices
  • No Resale
  • Termination
  • Proprietary Rights
  • Exclusions/Limitations
  • Limitations of Liability
  • General
  • How To Contact Us


  • 1. TERMS AND CONDITIONS

    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 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.

    3. REGISTRATION

    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 our privacy policy for complete details on the use of your personal information.

    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.

    6. MODIFICATIONS

    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.

    7. PRIVACY

    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.

    8. SECURITY

    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 Section.

    9. INDEMNITY

    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.

    12. TERMINATION

    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.

    14. EXCLUSIONS/LIMITATIONS

    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 Your behalf.

    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.

    16. GENERAL

    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.

    Latest News


    November 1st 2008
    Web-Talks.com Acquired

    ThirdRail Holdings has purchased and completed the acquisition of Web-Talks.com. Web-Talks is a top-ranked web host discussion forum, featuring a diverse range of discussion areas where webmasters can convene and converse.                               Read More»


    September 29th 2008
    PicPanda.com Acquired

    ThirdRail Holdings has purchased and completed the acquisition of PicPanda.com. PicPanda is a free file storage and sharing site that allows users to store up to 5MB of photos, images and animation files in an easily accessible online account. Files can be placed into an online gallery format for convenient viewing access.                               Read More»


    September 19th 2008
    RNBLoad.com Acquired

    ThirdRail Holdings has purchased and completed the acquisition of RNBload.com. RnBLoad.com allows users to share and transfer large files within their community of friends, family, colleagues, clients and customers. Users can upload and download any type of file: family photos, home video and movies, archives, and all other forms of digital media and documents.                               Read More»


    August 17th 2008
    ArticleVista.com Acquired

    ThirdRail Holdings has purchased and completed the acquisition of ArticleVista.com. Article Vista is a top ranked article directory provider offering free article submissions and a leading article directory top site rankings service.                               Read More»


    July 25th 2008
    HugeDrive.com Launched

    ThirdRail Holdings has publicly launched HugeDrive.com providing free online file storage similar to having your hard drive remotely available on the Internet. Share up to 10 GB of files, documents, photos and videos from anywhere in the world with HugeDrive web-sharing folders.           Read More»


    Jul 1st 2008
    CoolArcade.org Acquired

    ThirdRail Holdings has purchased and completed the acquisition of CoolArcade.org. CoolArcade.org is among the top gaming destinations on the internet for playing free arcade games right from your web browser.                                             Read More»


    Jun 20th 2008
    Blogmas.com Acquired

    ThirdRail Holdings has purchased and completed the acquisition of Blogmas.com. Blogmas is the leading free blog service provider on the Internet specializing in easy-to-use and feature-rich blogs provided by Wordpress blogging software.                                             Read More»



        »  View All News Articles