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Terms of Use
ATTENTION: PLEASE READ THESE ECN TERMS OF USE CAREFULLY BEFORE USING THE PushButton Servers COMMUNITY NETWORK. BY REGISTERING FOR A PushButton Servers ACCOUNT OR BY ACCESSING OR USING THE PushButton Servers COMMUNITY NETWORK, YOU ARE REPRESENTING TO PushButton Servers THAT YOU HAVE READ AND ACCEPT THESE TERMS OF USE AND THE LEGAL NOTICE, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE. IF YOU DO NOT ACCEPT THESE PushButton Servers TERMS OF USE AND THE PushButton Servers LEGAL NOTICE, DO NOT USE THE PushButton Servers APPLICATION.
1. Modification to Terms of Use
PushButton Servers reserves the right to change the Terms of Use from time to time at its sole discretion. PushButton Servers will post the modified Terms of Use on the applicable PushButton Servers site. You should periodically check the Terms of Use for such changes. Your continued use of any PushButton Servers Community after PushButton Servers posts such changes to the Terms of Use shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use. If you object to any such changes, your sole recourse shall be to inform PushButton Servers that you wish to cease using the PushButton Servers application and PushButton Servers will deactivate your username and password, as applicable. The Terms of Use, as modified by PushButton Servers from time to time, shall apply to all visits to PushButton Servers, both now and in the future. In the event of any inconsistency between these PushButton Servers Terms of Use and the PushButton Servers Legal Notice, these PushButton Servers Terms of Use shall control with respect to your use of any PushButton Servers application.
2. Behavior in all PushButton Servers Applications and Websites.
You must always participate in PushButton Servers Communities as yourself and when applicable, correctly identify any affiliation you have with another organization. You must not impersonate any other person or misrepresent your affiliation with any organization.
PushButton Servers is concerned about the privacy of its Community members. When you register to open an account on PushButton Servers or by accessing or using PushButton Servers, PushButton Servers may collect certain personal information about you. PushButton Servers use of such information is governed by the provisions of the PushButton Servers Privacy Statement and the PushButton Servers Legal Notice. You agree that you have read and understand the PushButton Servers Privacy Statement and the PushButton Servers Legal Notice both of which are hereby incorporated by reference and apply to your use of PushButton ServersCommunities.
If a PushButton Servers Community makes certain online space available to you, that space is personal to you, and you may not sell, license, exchange, or barter that space for any purpose.
You agree not to upload, email, post, publish or otherwise transmit through any PushButton Servers application any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk mail,” “spam” or chain letters; (g) is designed to provoke a negative response from one or more specific users (e.g., “trolling”); (h) interferes with or disrupts PushButton Servers or servers or networks connected to PushButton Servers, or (i) violates any applicable laws or regulations.
PushButton Servers may, but shall not be obligated, to monitor or review any PushButton Servers Community.
PushButton Servers reserves the right, at any time and without notice, to remove content from the PushButton Servers application that PushButton Servers in its sole discretion deems in violation of these or any specific Community’s Terms of Use.
You may download, view, copy and print materials and documents (collectively, the “Documents”) provided by PushButton Servers on your PushButton Servers application subject to the following: (a) the Documents may be used solely for personal, informational purposes within your organization; and (b) the Documents may not be modified or altered in any way. You agree that any permitted copies of the Documents which you make shall retain all copyrights and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of PushButton Servers. All rights not expressly granted herein are reserved by PushButton Servers. ALL DOCUMENTS PROVIDED BY PushButton Servers ON THE PushButton Servers APPLICATION ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO DOCUMENTS (OR PORTION THEREOF) PROVIDED BY PushButton Servers ON THE PushButton Servers NETWORK MAY BE USED, MODIFIED, COPIED, DISTRIBUTED, DISPLAYED, REPRODUCED, LICENSED, PUBLISHED, TRANSMITTED, OR POSTED, IN ANY FORM OR BY ANY MEANS, WITHOUT THE EXPRESS PRIOR WRITTEN AUTHORIZATION FROM PushButton Servers. YOU ARE NOT AUTHORIZED TO CREATE DERIVATIVE WORKS OF ANY DOCUMENTS POSTED BY PushButton Servers ON THE PushButton Servers NETWORK WITHOUT THE EXPRESS PRIOR WRITTEN AUTHORIZATION FROM PushButton Servers . IT IS A VIOLATION OF PushButton Servers’S COPYRIGHTS TO USE, REPRODUCE OR OTHERWISE MAKE AVAILABLE DOCUMENTS FROM THIS SITE FOR ANY COMPETITIVE, PUBLIC OR COMMERCIAL PURPOSES.
You may not post any instructions, software or other materials that (i) harm other users’ computers; or (ii) would allow PushButton Servers Community users or third parties to harm other users’ computers or to inappropriately access software or websites. You shall not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. In addition, you shall not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
You are responsible for maintaining the confidentiality of any password(s) you receive to access PushButton Servers, and are fully responsible for all activities that occur under your password(s). You agree to notify PushButton Servers immediately of any unauthorized use of your password(s). You must provide current, accurate, and complete information about yourself that may be required as part of the account creation process and/or continued use and participation in any PushButton Servers Application. You must maintain and promptly update any account information provided to PushButton Serversto keep it accurate, current and complete.
Access to and use of password protected and/or secure areas of PushButton Servers application, PushButton Servers’s website known as “PushButton Servers” or PushButton Servers’s online support sites is restricted to authorized users only. Unauthorized individual attempting to access these areas will result in the immediate termination from PushButton Servers in addition to any other rights available to PushButton Servers at law or in equity.
3. Software
Any software which you download through any PushButton Servers property is subject to the terms and conditions provided in or with the software.
4. Termination of Use
You agree that PushButton Servers may, in its sole discretion, at any time terminate or suspend your access to all or any part of the PushButton Servers Community(ies) and any account(s) you may have in connection with such Community(ies) for any reason and without notice. PushButton Servers may, but has no obligation, to monitor use of your PushButton Servers application. You may discontinue your participation in and access to the PushButton Servers application at any time. If you breach any of the Terms of Use or any specific Community’s Terms of Use, your authorization to use the PushButton Servers application automatically terminates and you agree to immediately destroy any downloaded or printed Documents (as defined in Section 2 above) and any copies thereof.
5. Third Party Web Sites, Content, Products and Services
PushButton Servers may provide links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of various PushButton Servers Communities. PushButton Servers provides these links merely as a convenience for informational purposes and the inclusion of such links does not constitute or imply an endorsement or recommendation. You agree that PushButton Servers is not responsible for the availability of, and content provided on, third party web sites. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You agree that PushButton Servers is not responsible for third party content accessible through any PushButton Servers Community, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the access to and use of such web sites and content therein. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that PushButton Servers is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that PushButton Servers is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
6. Disclaimer
ALL CONTENT, MATERIALS, INFORMATION, DOCUMENTS, OPINIONS, RECOMMENDATIONS, ADVICE, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON OR OBTAINED THROUGH ANY PushButton Servers APPLICATION (COLLECTIVELY, THE “INFORMATION”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. PushButton Servers AND ITS SUPPLIERS EXPRESSLY DISCLAIM 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 OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. PushButton Servers AND ITS SUPPLIERS MAKE NO WARRANTY THAT: (A) PushButton Servers WILL MEET YOUR REQUIREMENTS; (B) PushButton Servers WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PushButton Servers MOBILE APPLICATION OR ANY INFORMATION OBTAINED FROM PushButton Servers WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH PushButton Servers WILL MEET YOUR EXPECTATIONS. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PushButton Servers IS DONE ENTIRELY AND SOLELY AT YOUR OWN DISCRETION AND RISK. PushButton Servers AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA AND/OR USE AND ANY OTHER DAMAGES TO YOUR COMPUTER SYSTEM(S) OR YOUR ENVIRONMENT, THAT RESULTS FROM OR IS RELATED TO THE PushButton Servers MOBILE APPLICATION OR THE DOWNLOAD OR USE OF ANY INFORMATION OBTAINED THROUGH ANY OF THE PushButton Servers MOBILE APPLICATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH ANY OF THE MOBILE APPLICATIONS OR FROM PushButton Servers , ITS PARENT, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, THE “PushButton Servers ”) THROUGH ANY OF THE PushButton Servers MOBILE APPLICATIONS SHALL CREATE ANY WARRANTY. PROBLEMS THAT ARE CAUSED BY YOUR USE OF, OR FAILURE TO PROPERLY USE, THE INFORMATION OBTAINED THROUGH ANY OF THE MOBILE APPLICATIONS MAY, AT PushButton Servers’S SOLE DISCRETION, BE EXCLUDED FROM COVERAGE UNDER THE APPLICABLE WARRANTY OR MAINTENANCE AGREEMENT.
7. Limitation of Liability
IN NO EVENT SHALL PushButton Servers AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM (A) YOUR ACCESS TO, OR USE OF OR INABILITY TO USE, ANY PushButton Servers MOBILE APPLICATION OR ANY INFORMATION (AS DEFINED IN SECTION 6 ABOVE), (B) YOUR RELIANCE UPON ANY OF THE CONTENT OR INFORMATION ON ANY PushButton Servers MOBILE APPLICATION, OR (C) PushButton Servers TERMINATION OR SUSPENSION OF YOUR ACCOUNT(S) OR ACCESS TO ANY PushButton Servers MOBILE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PushButton Servers PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE PushButton Servers PARTY’S LIABILITY SHALL BE THE MINIMAL PERMITTED UNDER SUCH APPLICABLE LAW.
8. Indemnity
You agree to defend, indemnify and hold harmless PushButton Servers, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your and/or your agent’s access to or use of any PushButton Servers Mobile Application.
9. Export Restrictions/Legal Compliance
You may not access, download, use or export any PushButton Servers Mobile Application, or the content, software, products or services provided on PushButton Servers Mobile Application in violation of any country’s export laws or regulations or any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of PushButton Servers in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, approvals for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the PushButton Servers Mobile Application outside the U.S. Neither the services of PushButton Servers Mobile Application nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Feedback Ownership and Content License
Any information provided to PushButton Servers regarding PushButton Servers products and services shall be provided by the submitter and received by PushButton Servers on a non-confidential basis and such information shall be deemed the property of PushButton Servers. By submitting any such information to PushButton Servers, you agree to a no-charge assignment to PushButton Servers of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. PushButton Servers shall be free to use such information on an unrestricted basis. For any other content provided to PushButton Servers, you agree that such information is provided to PushButton Servers on a non-confidential basis and by uploading, emailing, posting, disclosing, publishing or otherwise transmitting content to any PushButton Servers Mobile Application or submitting any content to PushButton Servers, you automatically grant (or warrant that the owner of such rights has expressly granted) PushButton Servers and all other PushButton Servers Mobile Application members a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
11. Applicable Law
All matters relating to your access to, and use of, PushButton Servers Mobile Application shall be governed by US federal laws or the laws of Nevada, excluding its conflict of law rules. Any legal action or proceeding relating to your access to, or use of, PushButton Servers Mobile Application shall be instituted in a state or federal court in, Nevada. You and PushButton Servers agree to submit to the jurisdiction of, and agree that the venue is proper in, these courts in any such legal action or proceeding.
12. Copyright Policy/Digital Millennium Copyright Act
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. PushButton Servers may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.
Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
A description of the copyrighted work or other work that you claim has been infringed
A description of where the material that you claim is infringing is located on our sites, networks or other repositories
Your address, telephone number, and email address
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Office of General Counsel
PushButton Servers
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
13. Copyright/Trademark Information
Copyright 2019-2023, PushButton Servers Inc. All rights reserved.