USER’S AGREEMENT
RESPONSIBILITY:
Peggy
Penny, her Business Managers, Agents, Officers, Employees and/or Relatives will
herein Be referred to as "Peggy Penny." Peggy Penny is not
accountable for any information, material, data, graphics, photos or e-mail
that may by offensive discriminatory, pornographic, illegal or immoral;
received from anywhere or found anywhere on the internet which are linked to
the Peggy Penny web site. The user’s storage, retrieval, or uploading of
offensive, discriminatory, pornographic or illegal subject matter onto or
through the Peggy Penny web site and network is prohibited. Any user reported
or found uploading any of the aforementioned subject matter through or onto any
network or newsgroup will be held liable for any and all damages; criminal,
civil or monetary.
It is
the responsibility of the individual user entering Peggy Penny’s web site and
network or any external network to abide by the agreements and rules set forth
by the external network and the laws that govern the internet.
It is
the responsibility of the parents or guardians of any users who are under the
age of 18, to supervise the child’s usage of the internet. The parents or guardians
will be held liable or accountable for the actions of the minor child. Any user
and/or their legal guardian agrees that Peggy Penny can in no way be held
liable or responsible for the downloading of any viruses or programs by anyone;
or the user, that causes loss and or damage to files, programs, operating
systems or configuration of any computer system or systems.
All
services and software are considered AS IS and have no warranty or guarantee
whatsoever. Peggy Penny is not responsible for a customer dialing the wrong
number or a web site that hangs up your modem to dial a toll change site.
Please verify any number you dial and check to see that it is considered local
to your phone service.
Peggy
Penny reserves the right to restrict any site or e-mail server and there is no
guarantee that all sites will be available. Most all sites that are not
available or have web site errors are due to external networks and are out of
Peggy Penny’s control.
LIMITED LIABILITY:
Users
expressly agree that use of Peggy Penny’s equipment is at User’s sole risk.
Peggy Penny, affiliates, agents, third parties, information providers,
resellers or the like, warrant that Peggy Penny’s services will not be
interrupted or error free; nor do they make any warranty as to the results that
may be obtained from the sue of the service or as to the accuracy, reliability
or content of any information service or merchandise contained in or provided
through Peggy Penny, unless otherwise expressly stated in this Agreement.
Under
no circumstances, including negligence, shall Peggy Penny, or any one else
involved in creating, producing or distributing Peggy Penny’s services, be
liable for any direct, indirect, incidental, special or consequential damages
that result from the use of or inability to use Peggy Penny’s services; or that
results from mistakes, omissions, interruptions, deletion of files, errors,
defects, equipment failure, delays in operation, or transmission or any failure
of performance, whether or not limited to acts of God, communication failure,
theft, destruction or unauthorized access to Peggy Penny’s records, programs,
diary or services.
Under
no circumstances, including defamation, discrimination, damages for, damages
for not, or any other direct or indirect incident that may result from the on
line diary written by Peggy Penny, shall Peggy Penny be liable for any
incidental, special or consequential damages, that result from the reading of,
or use of the line diary by Peggy Penny. The on line diary link written by Peggy
Penny is an expression of freedom of speech guaranteed by the
US
Copyrights protect the diary written by Peggy Penny. Any and all distribution
of the diary written by Peggy Penny is strictly prohibited without written
consent.
Not
withstanding the above, User’s exclusive remedies for all damages, losses and
causes of actions whether in contract, tort including negligence or otherwise,
shall not exceed the aggregate dollar amount which user paid during the term of
this agreement. In no way will Peggy Penny be liable to you; whether in
contract or in tort or under any other legal theory, including strict
liability, for any damages, including, but without limitation, direct or
indirect, special, incidental, punitive, negligent, exemplary, consequential,
lost profits or revenues or damages arising out of or in connection with this
Agreement.
INDEMNIFICATION:
Users
agree that it shall defend, indemnify, save and hold Peggy Penny from any and
all demands, liabilities, losses, costs and claims, including but not limited
to reasonable attorney’s fees, asserted against Peggy Penny, resellers and
customers, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by user, it’s agents, employees or
assignees. Users agree to hold harmless Peggy Penny against liabilities arising
out of any injury to persons or property caused by any products sold or
otherwise distributed in connection with Peggy Penny’s equipment. Users agree
to hold harmless Peggy Penny against any materials supplied by user infringing
or allegedly infringing on the proprietary rights of a third party, copyright
infringement, trademark infringement, and/or any defective product which user
bought or sold using Peggy Penny’s service.
USAGE:
At no
time will a user be allowed to use, subdivide or subcontract any of the Peggy
Penny web site or material supplied within, for business use, business or
personal gain. Web site material used for business, business use or personal
gain is subject to business rates of $275 per hour or $2200 per day or $4700
per geographical zip code which aired in whole or in part, plus 4% residuals.
Offenders
will be responsible for a user’s fee
at
$2200 per day of copyright infringement or $4700 per geographical zip code
which aired plus 4% residuals, plus
attorney’s fees and damages.
At no
time will a user be allowed to defame, alter, distort and/or otherwise change
the materials supplied within the Peggy Penny web site, not for business use, commercial
use, personal gain; or for defamation of character, harassment or negative
promotion of the Peggy Penny image. Web site material used for business,
promotion or personal gain is subjected to business rates. Offenders will be charged:
at
$2200 per day of copyright infringement and/or$4700 per geographical zip code
which aired plus 4% residuals. plus attorney’s fees and damages.
SECURITY:
It is
agreed that Peggy Penny and her representatives have the right to investigate,
monitor for any reason and/or terminate any user which is perceived to be
engaged in suspicious activity, computer tampering and or jeopardizing any
network security. In no way shall a user give their usage to another person, or
duplicate use by any means, for personal or for business use. In no way is
usage of Peggy Penny web site transferable, for resale or for trade, for
personal or for business use. User may not rent, lease, loan, resale,
distribute or network any usage provided by the Peggy Penny web site. Users are
not allowed to spam or send bulk e-mail to or from the Peggy Penny system. You
are not allowed to dial our system to use any mail server to spam or bulk
e-mail. You are not allowed to sell off your usage information to anyone for
any reason.
EQUIPMENT:
Peggy
Penny is not responsible for user’s computer hardware, software or
configuration setup. Some Windows or Mac computers may require modification. A
minimum 56 FLEX/X2/V.90 connections are totally based on the quality and
conditions of your computer, modem and or phone lines. A poor phone line
condition, call waiting, voice mail, noise or filters on the line may result in
disconnection and low speed. Please check with your phone company to have your
line checked or repaired.
Payment
for services is the responsibility of the contract holder and is due upon date
of service. It is the contract holder’s responsibility to mail, drop off
payment or set up an auto credit payment to be received by Peggy Penny no later
than 5 days after the due date. Al contracts are considered active and due for
each, unless cancelled in writing by the client. Any payment not received
within 5 days after the due date will be considered past due, may be placed on
hold and will be charged the standard interest rate for late fee, for each
month. All accounts must be paid in full in order to be closed. Any uncollected
accounts will be sent to collection. There will be a minimum of $235 processing
fee and any and all attorney’s fees and court costs, plus past due account
payable to Peggy Penny.
Contract
holders wishing to terminate a contract must notify Peggy Penny in writing a
minimum of 10 days prior to contract performance. Voice mail, e mail is not
accepted as cancellation of a contract if the account has become past due.
Peggy Penny reserves the right to terminate any unpaid contract without further
notice. There will be a $235 charge on any returned check.
This
agreement with all 7 (seven) sections above represents the complete agreement
and understanding between Peggy Penny and the users; and supersedes any other
written or oral agreement. Upon notice published on-line via Peggy Penny.com,
Peggy Penny may modify these terms and conditions, amplify them, and/or modify
the prices, as well as discontinue or change the services offered. It is the
user’s responsibility to read and understand these terms and conditions. This
agreement shall be governed and construed in accordance with the laws of the
State of
DISCLAIMER
Responsibility:
Peggy Penny.com and Linked Sites, Business
Manager, Agents, Officers, Employees or Relatives will herein be referred as
PeggyPenny.com and Links.
Linked Sites and listed link sites have
provided additional links to internet sites maintained by third parties.
Neither PeggyPenny.com or Links, its parent or subsidiary companies nor their
affiliates operate or control in any respect any information products or
devices on these third party sites. The material in these sites and the third
party sites are provided "as is" and without warranties of any kind
either expressed or implied. To the fullest extent permissible pursuant to
applicable law, PeggyPenny.com and links, disclaim all warrantees, expressed or
implied, including, but not limited to, implied warrantees of merchantability
and fitness for a particular purpose. PeggyPenny.com and links do not warrant
that the functions contained in the materials will be uninterrupted or error-free,
that defects will be corrected, or that these sites, or the server that makes
them available, are free of viruses or other harmful components. PeggyPenny.com
and links do not warrant or make any representations regarding the use or the
result of the use of any materials from this or link sites; or in third party
sites in terms of correctness, accuracy, timeliness, reliability or otherwise.
Limit of Liability:
Under no circumstances, including, but no
limited to, negligence, shall PeggyPenny.com and links, their subsidiary and
parent companies or affiliates be liable for any direct, indirect, incidental,
special or consequential damages that result from the use of, or the inability
to use, PeggyPenny.com and link materials. You specifically acknowledge and
agree that PeggyPenny.com and links are not liable for any defamatory,
offensive or illegal conduct of any user. If you are dissatisfied with
PeggyPenny.com or any link material, or with any of PeggyPenny.com’s terms and
conditions, your sole and exclusive remedy is to discontinue using
PeggyPenny.com.
Copyright Notice:
All information represented electronically on
the internet contained in any part on PeggyPenny.com as represented forms of
electronic media is copyright 1985-2012 Peggy Penny. All rights reserved.
Reproduction in any method of the information
and other represented forms of electronic media from this site and links is
strictly prohibited in any medium, without the written consent of
PeggyPenny.com. To request permission to reproduce material you see on this
site, or links, email your request and purpose for reproducing material to:
PeggyPenny.com is owned and operated by Peggy
L. Pinhey and contain material which is derived in whole or in part from
material supplied by Peggy L. Pinhey, and is protected by international
copyright and trademark laws. You may not modify copy, reproduce, republish,
upload, post, transmit, or distribute in any way any material from this site or
links, including code and software. You may download material from these sites
for your personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices.
License to www.PeggyPenny.com
By posting messages, uploading files, inputting data or engaging in any other form of communication through this and links, you are granting PeggyPenny.com and links a royalty-free, perpetual non exclusive, unrestricted, world wide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communications. You are granting the right to PeggyPenny.com and links to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights to such communications, including but no limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdictions, through email transmission to PeggyPenny.com.
Termination:
This agreement is effective until terminated by
PeggyPenny.com, at any time without notice. In the event of termination, you
are no longer authorized to access site materials. The restrictions imposed on
you with respect to material down loaded; the disclaimers and limitations of
liability set forth in this agreement shall survive.
www.PeggyPenny.com and Privacy:
We explicitly ask you for information that
personally identifies you; we may request that you provide personal
information, which would be used as part of a contest, poll or promotion. We
place a text file called "cookie" in the browser files of your
computer. The cookie text file enables the site to recognize information that
you have specifically and knowingly provided PeggyPenny.com. PeggyPenny.com
will use collected data or statistical purposes. However, your personal home
address and telephone numbers will not be sold or transferred in any way.
Other:
This agreement shall be governed by and
construed in accordance with the laws of the State of
Contact Information is provided
below:
Robin J. White