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Securerserver.net .com User and Online Filing Authorization Agreement |
c-Site™ Online Copyright Registration End-User Agreement
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This Securerserver.net .com c-Site Online Copyright Registration End-User
Agreement (“Agreement”) is by and between Securerserver.net .com
(“ Securerserver.net .com”), an Arizona corporation and you, as copyright owner, your heirs,
assigns, agents and successors (“You”) and is made effective as of the date of
electronic execution.
By using Securerserver.net .com's c-Site Online Copyright Registration services (the
“Services”), You agree to be bound by the terms and conditions set forth herein.
You further agree that this Agreement may be amended from time to time and You
agree to be bound by any new, different or additional terms Securerserver.net .com may adopt
from time to time.
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1. SERVICE DETAILS
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Securerserver.net .com's Online Copyright Registration division is a service provider and
does not offer legal, tax or financial advice.
When You purchase c-Site, You complete the online copyright registration
application form and submit it to Securerserver.net .com for review and processing. After
Securerserver.net .com's review is complete, Your copyright application will be prepared and
transmitted to You via e-mail together with accompanying instructions for filing
the application directly with the U.S. Copyright Office. Once the copyright
application and filing instructions are transmitted, Securerserver.net .com's and c-Site's
Services come to an end. Thereafter, Securerserver.net .com will not provide any additional
services or provide any customer support in connection with those copyright
applications for which You are responsible for filing with the U.S. Copyright
Office.
Custom Filing Services are also available for purchase. With Custom Filing, You
complete the online copyright registration application form and submit it to
Securerserver.net .com for review, processing and filing. Securerserver.net .com will prepare and file
copyright forms with the U.S. Copyright Office based on information You provide.
Securerserver.net .com will also submit to the U.S. Copyright Office the Deposit You send to
Securerserver.net .com. You acknowledge that the Deposit may need to be converted from an
electronic version to a physical version by Securerserver.net .com. Securerserver.net .com acts as a
third party service provider in the filing process and assumes no liability for
the materials You submit, including, but not limited to, the completeness or
correctness of the Deposit, or its suitability for copyright. Securerserver.net .com will
submit the Deposit AS IS, and will not be responsible for any errors, omissions,
or defects.
Securerserver.net .com reserves the right to reject any and all copyright registration
applications and/or Deposits for any reason whatsoever. In the event Securerserver.net .com
rejects your filing or is unable to provide Services to You, You agree that Your
only remedy will be a refund of the fee You paid for the Services. Under no
circumstances will you be entitled to recover the federal filing fee or any
damages in excess of the fees You paid for the Services.
Securerserver.net .com will only keep copies of files You submit for the amount of time
required to review and prepare the application (and in the case of Custom
Filing, file the application, with the U.S. Copyright Office). For files You
submit electronically, You release Securerserver.net .com from any responsibility or
liability for technical difficulties such as system crashes, unexpected
downtime, or other circumstances which may result in lost or damaged materials.
It is also Your responsibility to ensure that Your Deposit meets Copyright
Office requirements, which are set forth within the c-Site web site.
Securerserver.net .com makes no guarantees as to the time needed to review, process, prepare
and/or file copyright applications. Your careful attention to the details of
the filing process will reduce the amount of time required for Your filing. You
agree that the filing date will be the date the U.S. Copyright Office receives
the Deposit, application and filing fee in acceptable form, and not the date you
submit Your filing to Securerserver.net .com.
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2. LIMITATIONS ON SERVICE
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Securerserver.net .com is a service provider, not a law firm. Therefore, Securerserver.net .com will not
proofread or conduct legal research or other such inquiries to ensure that Your
work is suitable for copyright registration. You specifically represent and
warrant that You are the rightful owner of the Deposit and that You are not
infringing the legal or other rights of a third party by engaging Securerserver.net .com's
Services hereunder.
Securerserver.net .com does not and cannot represent, warrant, guarantee, promise or
otherwise assure You that:
- Your copyright filing will be accepted by the
U.S. Copyright Office;
- Your copyright application will be approved by the
U.S. Copyright Office;
- the Copyright Office will not have questions or
concerns regarding either Your application or Deposit;
- issues arising in
connection with Your application will be resolved to Your or the Copyright
Office's satisfaction;
- support or customer service will be available for any
and all inquiries related to Your application. Furthermore, Securerserver.net .com does not
and cannot guarantee that filing and registering Your copyrighted work will
cause You to be successful in any future litigation concerning Your work or Your
intellectual property rights therein.
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3. YOUR OBLIGATIONS
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You agree to thoroughly, accurately and honestly complete all forms and requests
for information provided by Securerserver.net .com throughout the filing process. You agree
that Securerserver.net .com will not be responsible for any false or misleading information
You provide, whether intentionally or unintentionally.
You agree to notify Securerserver.net .com within 5 business days when any of the information
you provided as part of the application and/or registration process changes. It
is your responsibility to keep this information in a current and accurate
status. Failure by you, for whatever reason, to provide Securerserver.net .com with accurate
and reliable information on an initial and continual basis, shall be considered
a material breach of this Agreement. Failure by you, for whatever reason, to
respond within five (5) business days to any inquiries made by Securerserver.net .com to
determine the validity of information provided by you, shall also be considered
a material breach of this Agreement.
You agree to ensure that Your Deposit is free from errors, omissions, or defects
prior to submitting it to Securerserver.net .com. You understand and agree that all fees
paid to Securerserver.net .com, including the federal filing fee, will not be refunded unless
Securerserver.net .com rejects Your filing or is unable to provide Services to You. You
further agree that corrections to materials previously submitted to the U.S.
Copyright Office will be considered new filings and will require full payment of
all applicable fees.
You agree that none of the materials You submit to Securerserver.net .com for filing with the
U.S. Copyright Office will contain harmful or morally objectionable content. By
way of example only, harmful or morally objectionable content includes, but is
not limited to, content that is designed to, intended to, or otherwise: (i)
appeal purely to the prurient interests of third parties; (ii) defame,
embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state
or federal laws of the United States and/or foreign territories; (iv) involve
hate crimes, terrorism and/or child pornography; (v) be vulgar, obscene,
invasive of a third party's privacy, racially, ethnically, or otherwise
objectionable; (vi) impersonate the identity of a third party; (vii) harm minors
in any way; (viii) relate to or transmit viruses, Trojan Horses, access codes,
backdoors, worms, time bombs or any other code, routine, mechanism, device or
item that corrupts, damages, impairs, interferes with, intercepts or
misappropriates any software, hardware, firmware, network, system, data or
personally identifiable information. Securerserver.net .com reserves the right to refuse to
file Your Deposit and any other materials for whatever reason, including any of
those listed above.
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4. LICENSE; AGENCY
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You grant Securerserver.net .com a license to use Your Deposit for the limited purpose of
reviewing, processing and/or filing it with the U.S. Copyright Office.
Securerserver.net .com will not use Your copyrighted materials for any other purpose unless
specifically requested to do so by You under separate written agreement.
If You purchase the Custom Filing Service, You hereby appoint Securerserver.net .com as Your
authorized agent for purposes of submitting Your Deposit and filing forms with
the U.S. Copyright Office. No other agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.
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5. LIMITATION OF LIABILITY
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UNDER NO CIRCUMSTANCES SHALL Securerserver.net .com BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON
WHATSOEVER RELATED TO THIS AGREEMENT, THE SERVICES, USE OR INABILITY TO USE THE
Securerserver.net .com OR C-SITE WEB SITES OR THE MATERIALS AND CONTENT OF THESE WEB SITES OR
ANY OTHER WEB SITES LINKED TO THE Securerserver.net .com AND C-SITE WEB SITES OR YOUR
PROVISION OF ANY PERSONALLY IDENTIFIABLY INFORMATION TO Securerserver.net .com, C-SITE OR ANY
THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR
ANY OTHER BASIS, EVEN IF Securerserver.net .com AND C-SITE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Securerserver.net .com'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
YOU FURTHER UNDERSTAND AND AGREE THAT Securerserver.net .com DISCLAIMS ANY LOSS OR LIABILITY
RESULTING FROM: (i) THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL
INFORMATION; (ii) ACCESS DELAYS OR INTERRUPTIONS TO OUR WEB SITE; (iii) DATA
NON-DELIVERY OR MISDELIVERY BETWEEN YOU AND Securerserver.net .com; (iv) THE UNAUTHORIZED USE
OF YOUR Securerserver.net .com ACCOUNT OR ANY OF Securerserver.net .com'S OR C-SITE'S SERVICES; (v) AN ACT
OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).
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6. INDEMNITY
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You agree to release, defend, indemnify and hold harmless Securerserver.net .com, its parent
companies, subsidiaries, affiliates, shareholders, agents, directors, officers
and employees from and against any and all claims, demands, liabilities, losses,
damages or costs, including reasonable attorney's fees, arising out of or
related in any way to this Agreement, the Services provided hereunder by
Securerserver.net .com, the Securerserver.net .com web site, the c-Site web site, Your account with
Securerserver.net .com, and/or Your Deposit.
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7. WARRANTY DISCLAIMER
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Securerserver.net .com, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS,
DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED
HEREUNDER, THE Securerserver.net .com WEB SITE, THE C-SITE WEB SITE, OR ANY WEB SITES LINKED
TO THE Securerserver.net .com AND/OR C-SITE WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL Securerserver.net .com SERVICES, AS WELL
AS THE Securerserver.net .com AND/OR C-SITE WEB SITES, ARE PROVIDED “AS IS”. YOUR
SUBSCRIPTION TO AND USE OF Securerserver.net .com'S AND/OR C-SITE'S SERVICES AND THEIR WEB
SITES ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY
NOT APPLY TO YOU.
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8. COPYRIGHT & TRADEMARK
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You understand and agree that all content and materials contained in this
Agreement, other policies, the Securerserver.net .com web site, and the c-Site web site, are
protected by the various copyright, patent, trademark, service mark and trade
secret laws of the United States, as well as any other applicable proprietary
rights and laws, and that Securerserver.net .com expressly reserves its rights in and to all
such content and materials. You further understand and agree that You are
prohibited from using, in any manner whatsoever, any of the content or materials
described above without the express written permission of Securerserver.net .com. No license
or right under any copyright, patent, trademark, service mark or other
proprietary right or license is granted to You or conferred upon You by this
Agreement or otherwise.
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9. MISCELLANEOUS PROVISIONS
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A. Severability; Construction; Entire Agreement. If any part of this Agreement
shall be held to be illegal, unenforceable or invalid, in whole or in part, such
provision shall be modified to the minimum extent necessary to make it legal,
enforceable and valid, and the legality, enforceability and validity of the
remaining provisions of this Agreement shall not be affected or impaired. The
headings herein will not be considered a part of this Agreement. You agree that
this Agreement, including the policies it incorporates by reference, constitute
the complete and only Agreement between You and Securerserver.net .com regarding the services
contemplated herein.
B. Governing Law; Venue; Waiver Of Trial By Jury. This Agreement shall be
governed in all respects by the laws and judicial decisions of Maricopa County,
Arizona, excluding its conflicts of laws rules. Except as provided immediately
below, You agree that any action relating to or arising out of this Agreement,
shall be brought exclusively in the courts of Maricopa County, Arizona. You
agree to waive the right to trial by jury in any proceeding, regardless of
venue, that takes place relating to or arising out of this Agreement.
C. Notices. All notices from Securerserver.net .com to You will be sent to the email address
You provided to Securerserver.net .com. Notices by email shall be deemed effective 24 hours
after the email is sent by Securerserver.net .com, unless Securerserver.net .com receives notice that the
email address is invalid, in which event Securerserver.net .com may give You notice via first
class or certified mail, return receipt requested. All notices from You to
Securerserver.net .com shall be sent to: Securerserver.net .com, Attn: General Counsel,
14455 North Hayden Road, Suite 219, Scottsdale, AZ 85260. Notices shall be
deemed effective five (5) days after the date of mailing.
D. Term of Agreement; Survival. The term of this Agreement shall continue in
full force and effect as long as Securerserver.net .com is providing Services to You.
Sections 5 (Limitation of Liability), 6 (Indemnity), 7 (Warranty Disclaimer) and
9 (Miscellaneous Provisions) shall survive any termination or expiration of this
Agreement.
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Revised: 9/02/2005
Copyright ©
2003-2005
All Rights Reserved.
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