Terms of Use
PUBLIC FILE ONLINE TERMS OF USE
Welcome to PUBLIC FILE ONLINE, which is provided by Public File Online, LLC. (either "we" or "us"). These Terms of Use govern your use of the websites, content, software and services offered through PUBLIC FILE ONLINE (collectively, "PUBLIC FILE ONLINE").
YOUR AFFIRMATIVE ACT OF USING PUBLIC FILE ONLINE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE PUBLIC FILE ONLINE NETWORK PRIVACY POLICY, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE PUBLIC FILE ONLINE.
1. CHANGES TO THE TERMS OF USE.
We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use PUBLIC FILE ONLINE after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.
2. REGISTERED USERS.
Our services are available only to registered users of Public File Online and require you to sign in with a password to use them.
3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You agree that we may provide to you required notices, agreements and other information concerning PUBLIC FILE ONLINE electronically. We will post the notices on the home page of PUBLIC FILE ONLINE or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of PUBLIC FILE ONLINE.
4. PRIVACY POLICY.
The PUBLIC FILE ONLINE Privacy policy explains the practices that apply to your information when you use PUBLIC FILE ONLINE. Your ongoing use of PUBLIC FILE ONLINE signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the home page of PUBLIC FILE ONLINE.
5. CHANGES TO PUBLIC FILE ONLINE.
We may discontinue or change any service or feature on PUBLIC FILE ONLINE at any time and without notice.
6. ACCESS COSTS.
You must provide at your own expense the equipment and Internet connections that you will need to access and use PUBLIC FILE ONLINE. If you access PUBLIC FILE ONLINE through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access PUBLIC FILE ONLINE through any wireless or other communication service.
7. YOUR RESPONSIBILITIES.
You may use PUBLIC FILE ONLINE for the storage and retrieval of files related to broadcast facilities governed by the Federal Communications Commission.
You may not submit or transmit through PUBLIC FILE ONLINE any material, or otherwise engage in any conduct that violates, or infringes upon, the rights of others including, without limitation, patent, trademark, trade secret, copyright, or other proprietary rights. Or contains viruses or any other computer code which interrupts, destroys or limits the functionality of any computer software or hardware or telecommunications equipment, or violates these Terms of Use, guidelines or any policy posted on PUBLIC FILE ONLINE, or interferes with the use of PUBLIC FILE ONLINE by others.
You may not use PUBLIC FILE ONLINE in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of PUBLIC FILE ONLINE. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
8. NO SPAM.
You may not use PUBLIC FILE ONLINE or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use PUBLIC FILE ONLINE to violate the terms of this section. We may terminate your access or use of PUBLIC FILE ONLINE immediately and take any other legal action if you, or anyone using your access to PUBLIC FILE ONLINE, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
9. PROPRIETARY RIGHTS.
We, our suppliers, and our users who upload information on PUBLIC FILE ONLINE own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on PUBLIC FILE ONLINE are our trademarks.
10. NO DUTY TO MONITOR.
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on PUBLIC FILE ONLINE in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.
12. THIRD PARTY SITES; ADVERTISERS.
PUBLIC FILE ONLINE may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on PUBLIC FILE ONLINE are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
13. DISCLAIMER OF WARRANTIES.
We provide PUBLIC FILE ONLINE "as is", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about PUBLIC FILE ONLINE. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT PUBLIC FILE ONLINE AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH PUBLIC FILE ONLINE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT PUBLIC FILE ONLINE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PUBLIC FILE ONLINE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE PUBLIC FILE ONLINE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PUBLIC FILE ONLINE REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
14. LIMITATION OF LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF PUBLIC FILE ONLINE. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF PUBLIC FILE ONLINE EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON PUBLIC FILE ONLINE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15. INDEMNIFICATION.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of PUBLIC FILE ONLINE. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. INTERNATIONAL USE.
We make no representation that Content on PUBLIC FILE ONLINE is appropriate or available for use in locations outside the
17. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
You agree that the laws of the State of
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
18. SEVERABILITY AND INTEGRATION.
This contract and any supplemental terms, policies, rules and guidelines posted on PUBLIC FILE ONLINE constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
19. TERMINATION.
Your right to use PUBLIC FILE ONLINE automatically terminates if you violate these Terms of Use or fail to pay fees when due. We also reserve the right, in our sole discretion, to suspend your access to all or part of PUBLIC FILE ONLINE, for any reason, with or without notice.
Last Updated: 03/28/2010
