Fitzgerald Tech Solutions Terms of Service
1. ACCEPTANCE OF TERMS
Fitzgerald Tech Solutions Services (“Fitzgerald Tech Solutions“) welcomes you and asks you accept the following terms.
Fitzgerald Tech Solutions provides its services to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice to you. In addition, when using Fitzgerald Tech Solutions owned or operated services or assets, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Fitzgerald Tech Solutions may also offer other services that are governed by different Terms of Service, such as but not limited to a forum governing policy.
2. DESCRIPTION OF SERVICE
Fitzgerald Tech Solutions provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, custom developed websites, multimedia services, personalized content and branded programming through its network of assets which may be accessed through any various mediums or devices now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Fitzgerald Tech Solutions to provide the Service. You also understand and agree that the Service may include certain communications from Fitzgerald Tech Solutions, such as service announcements, administrative messages and the Fitzgerald Tech Solutions Newsletter, and that these communications are considered part of Fitzgerald Tech Solutions membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Fitzgerald Tech Solutions properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Fitzgerald Tech Solutions assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
- (a) Provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and other forms of user data collection systems (the “Registration Data”) and
- (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fitzgerald Tech Solutions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fitzgerald Tech Solutions 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) without refund.
Fitzgerald Tech Solutions is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) is appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive or choose a password and account designation upon completing the Service’s 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 Fitzgerald Tech Solutions of any unauthorized use of your password or account or any other breach of security,
- (b) Ensure that you exit from your account at the end of each session, and
- (c) Not disclose account information with anyone except the person whose name is listed as the account holder
Fitzgerald Tech Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Fitzgerald Tech Solutions, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
Fitzgerald Tech Solutions 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, pornographic, indecent or objectionable. Under no circumstances will Fitzgerald Tech Solutions be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Utilization of the Service requires any questionably abusive content referral emails to be forwarded to email@example.com, or abuse tickets escalating. Failure to comply is a gross violation of these Terms.
You agree to not use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Fitzgerald Tech Solutions official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; This includes linking to or redirecting to any content or copyright files hosted on a 3rd party resource / servers.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, email, transmit or otherwise make available any material that is of broadcast / streaming types.
- Upload, post, email, transmit or otherwise make available any material that is of keylogging / proxy service / irc / shell(s) if any type / file hosting / file sharing types.
- Upload, post, email, transmit or otherwise make available any material on free hosting accounts that is of pornographic nature.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “Stalk” or otherwise harass another; and/or
- upload, post, email, transmit or otherwise material for the purposes of file distribution, relay, or streaming reasons.
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 15 above.
USE OF COPYRIGHT MATERIAL AND PROOF OF OWNERSHIP OF CONTENT
Sites must not contain Warez, copyright or other illegal material, including links or redirects to copyright material hosted on 3rd party websites / resources. The onus is on you, the customer, to prove that you own the rights to publish material, not for Fitzgerald Tech Solutions to prove that you do not. Fitzgerald Tech Solutions does not allow the propagation or distribution of copyright material, files or warez under any circumstances.
ACCEPTABLE SERVER RESOURCE USE
Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization, random access memory (RAM), and / or disk space. Please see the ‘High Resource Use Policy’ in the General Terms and Conditions.
SCRIPT USAGE TERMS
Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email messages from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed as well.
The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a Fitzgerald Tech Solutions-hosted domain.
Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server
USAGE OF DISK SPACE TERMS
Fitzgerald Tech Solutions offers large web space and bandwidth with hosting accounts. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will treat all password protected archives (e.g. zip and rar) files as unacceptable. Multimedia content such as audio and video is acceptable provided it is streamed or transmitted to the user by proper means; links to HTTP download of this content is not acceptable.
Fitzgerald Tech Solutions also offers ‘unlimited’ plans. While we do our best to accommodate all disk space needs, accounts may be suspended or terminated based on excessive disk usage as mentioned above. In these ‘unlimited’ accounts, the space allotted to the account is unmetered disk space; however, there is only so much disk space available on a server truly is not unlimited in nature.
Right to suspend / terminate hosting services
We reserve the right to suspend or terminate any hosting services if a website/hosting client’s account consumes excessive server resources or effects other websites / accounts / services on a shared or clustered hosting server, virtual private server (“VPS”), dedicated server, or any other service managed by Fitzgerald Tech Solutions. Excessive resource usage can constitute any form of server usage calculated and determined at the discretion of Fitzgerald Tech Solutions. Fitzgerald Tech Solutions reserves the right to suspend service at any time without prior notice if or when the health or normal running / performance of a service is effected / degraded by a website or hosting service.
You acknowledge that Fitzgerald Tech Solutions may or may not pre-screen Content, but that Fitzgerald Tech Solutions and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Fitzgerald Tech Solutions and its designees shall have the right to remove any Content that violates the TOS 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 Fitzgerald Tech Solutions or submitted to Fitzgerald Tech Solutions, including without limitation information in Fitzgerald Tech Solutions Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Fitzgerald Tech Solutions may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- (a) comply with legal process;
- (b) enforce the TOS;
- (c) respond to claims that any Content violates the rights of third parties;
- (d) respond to your requests for customer service; or
- (e) protect the rights, property or personal safety of Fitzgerald Tech Solutions, its users and the public.
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 understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Fitzgerald Tech Solutions and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON FITZGERALD TECH SOLUTIONS NETWORK
When you register with Fitzgerald Tech Solutions, you acknowledge that in using Fitzgerald Tech Solutions services to send electronic communications (including but not limited to email, uploading photos and files and other Internet activities), you will be causing communications to be sent through Fitzgerald Tech Solutions‘ computer networks, portions of which are located in Ontario, Canada; Waterloo, Canada; Kitchener, Canada; Dallas, Texas; Chicago, Illinois; Elk Grove Village, Illinois; and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Fitzgerald Tech Solutions‘ network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local, state, federal, global, or institutional rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Fitzgerald Tech Solutions does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Fitzgerald Tech Solutions the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Fitzgerald Tech Solutions Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Fitzgerald Tech Solutions Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Fitzgerald Tech Solutions removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Fitzgerald Tech Solutions Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Fitzgerald Tech Solutions removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Fitzgerald Tech Solutions Servers, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the Fitzgerald Tech Solutions network of properties that are intended by Fitzgerald Tech Solutions to be available to the general public. By way of example, publicly accessible areas of the Service would include Fitzgerald Tech Solutions Message Boards and all areas that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Fitzgerald Tech Solutions Servers that are limited to members, Fitzgerald Tech Solutions services intended for private communication such as Fitzgerald Tech Solutions Mail or, or areas off of the Fitzgerald Tech Solutions network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Fitzgerald Tech Solutions.
10. CONTRIBUTIONS TO FITZGERALD TECH SOLUTIONS
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Fitzgerald Tech Solutions through its forum, or contact forms, you acknowledge and agree that:
- (a) Your Contributions do not contain confidential or proprietary information;
- (b) Fitzgerald Tech Solutions is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- (c) Fitzgerald Tech Solutions shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
- (d) Fitzgerald Tech Solutions may have something similar to the Contributions already under consideration or in development;
- (e) Your Contributions automatically become the property of Fitzgerald Tech Solutions without any obligation of Fitzgerald Tech Solutions to you; and
- (f) You are not entitled to any compensation or reimbursement of any kind from Fitzgerald Tech Solutions under any circumstances.
You agree to indemnify and hold Fitzgerald Tech Solutions and its subsidiaries, affiliates, officers, owners, agents, employees, partners and licencors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Fitzgerald Tech Solutions ID), use of the Service, or access to the Service, unless you are a member of the Fitzgerald Tech Solutions Reseller Service, utilizing the reselling platform to resell to end users.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Fitzgerald Tech Solutions may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that idle hosting accounts, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Fitzgerald Tech Solutions‘s servers on your behalf, the maximum number of files that will be allowed on Fitzgerald Tech Solutions‘s servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Fitzgerald Tech Solutions 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 Fitzgerald Tech Solutions reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Fitzgerald Tech Solutions reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
Fitzgerald Tech Solutions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fitzgerald Tech Solutions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Fitzgerald Tech Solutions may, under certain circumstances and without prior notice, immediately terminate your Fitzgerald Tech Solutions account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
- (a) Breaches or violations of the TOS or other Incorporated agreements or guidelines,
- (b) Requests by law enforcement or other government agencies,
- (c) A request by you (self-initiated account deletions),
- (d) Discontinuance or material modification to the Service (or any part thereof),
- (e) Unexpected technical or security issues or problems,
- (f) Extended periods of inactivity,
- (g) Engagement by you in fraudulent or illegal activities, and/or
- (h) Nonpayment of any fees owed by you in connection with the Services.
Termination of your Fitzgerald Tech Solutions account includes
- (a) Removal of access to all offerings within the Service, including but not limited to Hosting accounts, Email Services, SQL databases, Website Files, Members Area Accounts,
- (b) Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
- (c) Barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Fitzgerald Tech Solutions‘s sole discretion and that Fitzgerald Tech Solutions shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Refunds are issued at the sole discretion of Fitzgerald Tech Solutions Services. Fitzgerald Tech Solutions Services reserves the right not to issue a refund. Customer agrees that hosting payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with Fitzgerald Tech Solutions mid-way through the term. Payments, which are deemed to be fraud, which can be verified and certain to be fraud, are eligible to a refund, subject to the terms and conditions of the payment provider such as PayPal.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Fitzgerald Tech Solutions shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fitzgerald Tech Solutions has no control over such sites and resources, you acknowledge and agree that Fitzgerald Tech Solutions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fitzgerald Tech Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18.FITZGERALD TECH SOLUTIONS’ PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Fitzgerald Tech Solutions or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FITZGERALD TECH SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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.
- FITZGERALD TECH SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE 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.
3 . ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fitzgerald Tech Solutions OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
21.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FITZGERALD TECH SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 FITZGERALD TECH SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE;
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;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
23. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Fitzgerald Tech Solutions and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
24. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Fitzgerald Tech Solutions may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
26. TRADEMARK INFORMATION
The Fitzgerald Tech Solutions, Fitzgerald Tech Solutions logo, Fitzgerald Tech Solutions (in Chinese characters), trademarks and service marks and other Fitzgerald Tech Solutions logos and product and service names are trademarks of Fitzgerald Tech Solutions (the “Fitzgerald Tech Solutions Marks”). Without Fitzgerald Tech Solutions‘ prior permission, you agree not to display or use in any manner the Fitzgerald Tech Solutions Marks.
27. FITZGERALD TECH SOLUTIONS FACILITIES
Fitzgerald Tech Solutions is the owner of all right, title and interest in all facilities, networks, equipment and software provided by Fitzgerald Tech Solutions or utilized in the provision of the Services (the “Fitzgerald Tech Solutions Facilities”) or has obtained the right to make the Fitzgerald Tech Solutions Facilities available for use by the Customer from a third party and the Customer shall have no rights therein.
It is the Customer’s responsibility to provide, prepare and maintain the Customer’s locations, facilities and equipment for the installation of Fitzgerald Tech Solutions Facilities and for Fitzgerald Tech Solutions to provide the Services to the Customer. Such provision, preparation and maintenance shall comply with Fitzgerald Tech Solutions’ specifications and shall be at the Customer’s expense.
In the event that the Customer fails to provide, prepare or maintain the locations, facilities, equipment or network for the installation of Fitzgerald Tech Solutions Facilities or any Fitzgerald Tech Solutions Services, or fails to do so in a timely manner as Fitzgerald Tech Solutions may deem necessary in the circumstances, Fitzgerald Tech Solutions shall not be liable for any resulting delay in commencing the Services or any service interruption and related damages, and the Customer shall be liable for any additional costs incurred by Fitzgerald Tech Solutions in order to install or restore the Services.
The Customer shall not, without Fitzgerald Tech Solutions’ written consent and then subject to such conditions as Fitzgerald Tech Solutions may require, make any alternation, addition or repair to Fitzgerald Tech Solutions Facilities or permit access to Fitzgerald Tech Solutions Facilities by any person not approved by Fitzgerald Tech Solutions.
The Customer shall be responsible for the security of and any loss or damage to Fitzgerald Tech Solutions Facilities located on the Customer’s premises.
Fitzgerald Tech Solutions shall bear the expense of maintenance and repairs required due to normal wear and tear to Fitzgerald Tech Solutions Facilities.
28. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Fitzgerald Tech Solutions respects the intellectual property of others, and we ask our users to do the same. Fitzgerald Tech Solutions may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fitzgerald Tech Solutions’ Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Fitzgerald Tech Solutions‘ Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: firstname.lastname@example.org, or via the Fitzgerald Tech Solutions Ticket System
29. INTANGIBLE NATURE OF SERVICES AND CUSTOMIZED PRODUCTS
You agree and acknowledge that there is no tangible product associated with The Fitzgerald Tech Solutions Hosting Services and all custom requested websites, multimedia, consulting, and other custom services may not provide any tangible products to you unless specifically requested. These products are focused on creating computer software that may not have a physical presence.
Tangible mediums for custom materials may include but are not limited to: a USB drive, a hard disk drive, a CD-ROM or DVD. Those mediums may include deliverable content, website backups, information on services, or other intangible information at the discretion of Fitzgerald Tech Solutions.
When you agree to receive a tangible service in association with your website services, you are bound by all taxes, limitations, laws, and restrictions governing the use, transmission and reception of physical goods and the physical representation of intellectual property.
30. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Fitzgerald Tech Solutions and governs your use of the Service, superseding any prior agreements between you and Fitzgerald Tech Solutions with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Fitzgerald Tech Solutions services, affiliate services, third-party content or third-party software.
Choice of Law and Forum.
The TOS and the relationship between you and Fitzgerald Tech Solutions shall be governed by the laws of the United States without regard to its conflict of law provisions. You and Fitzgerald Tech Solutions agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Illinois.
Waiver and Severability of Terms.
The failure of Fitzgerald Tech Solutions to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your Fitzgerald Tech Solutions account is non-transferable and any rights to your Fitzgerald Tech Solutions ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
LAST UPDATED: 6-9-2017