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Tuesday, November 15, 2011

TOS For BoxCar.com

Last Revised : 08/01/2010PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.OVERVIEWWelcome to this website (this Site), which is owned and operated by Facefire, Inc./Boxcar.com LLC., Your access to, and use of, this Site and the products and services (collectively, the Services) found at this Site is subject to the following terms and conditions of use (Terms of Use).The terms we, us or our shall refer to Boxcar. The terms you, your or User shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.Boxcar may, in its sole and absolute discretion, change or modify these Terms of Use, and the corporate policies which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your use of this Site after such changes or modifications have been posted to this Site as indicated by the Last Revised date at the top of this page. Your continued use of this Site after such revision date constitutes your acceptance of these Terms of Use. If you do not agree to be bound by these Terms of Use, do not use or access (or continue to use or access) this Site.ELIGIBILITY; AUTHORITYThis Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms you, your or User shall refer to such corporate entity. If, after your agreement to these Terms of Use, Boxcar finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. Boxcar shall not be liable for any loss or damage resulting from Boxcar’s reliance on any instruction, notice, document or communication reasonably believed by Boxcar to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Boxcar reserves the right (but undertakes no duty) to require additional authentication from you.ACCOUNTS; TRANSFER OF DATA ABROADAccounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an Account). You represent and warrant to Boxcar that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Boxcar has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Boxcar reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, Boxcar recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with Boxcar. You must notify Boxcar immediately of any breach of security or unauthorized use of your Account. Boxcar will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Boxcar or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.MONITORING OF CONTENT; ACCOUNT TERMINATION POLICYBoxcar generally does not pre-screen User Content (whether posted to a website hosted by Boxcar or posted to this Site). However, Boxcar reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use. Boxcar may remove any item of User Content (whether posted to a website hosted by Boxcar or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by Boxcar in its sole and absolute discretion), at any time and without prior notice. Boxcar may also terminate a User’s access to this Site or the Services found at this Site if Boxcar has reason to believe the User is a repeat offender. If Boxcar terminates your access to this Site or the Services found at this Site, Boxcar may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.ADDITIONAL RESERVATION OF RIGHTSBoxcar expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by Boxcar in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of Boxcar, its officers, directors, employees and agents, as well as Boxcar’s affiliates.Boxcar expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.DISCLAIMER OF REPRESENTATIONS AND WARRANTIESYOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS. Boxcar, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Boxcar, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Boxcar ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Boxcar, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.LIMITATION OF LIABILITYIN NO EVENT SHALL Boxcar, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, X-RATED, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Boxcar IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Boxcar’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.INDEMNITYYou agree to protect, defend, indemnify and hold harmless Boxcar and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Boxcar directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the corporate policies which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.SUCCESSORS AND ASSIGNSThese Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.NO THIRD-PARTY BENEFICIARIESNothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.EXTERNAL LINKSBoxcar may provide links to third party websites, and some of the content appearing on this website may in fact be supplied by third parties. The Website assumes no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites.Any links contained on the Website shall not be construed as an endorsement by the Website of any such linked website. The Website has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a website that is linked to the Website, please contact us and we will determine if the link should be removed from the Website.U.S. EXPORT LAWSThis Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (OFAC), State Department, and other United States authorities (collectively, U.S. Export Laws). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce DepartmentsTable of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including anti-boycott, deemed export and deemed re-export regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.COMPLIANCE WITH LOCAL LAWSBoxcar makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURYThese terms and conditions are governed by and construed in accordance with the laws of the State of Minnesota, applicable to agreements made and entirely to be performed within the State of Minnesota, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Minneapolis, Minnesota, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Use.TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITYThe titles and headings of these Terms of Use are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms of Use shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.CONTACT INFORMATIONIf you have any questions about these Terms of Use, please contact us by email or regular mail at the following address:FaceFire, Inc./BoxCar7900 Highway 7, Suite 350Minneapolis, MN 55426United States.E-Mail :mike@domainconsultant.comRevised: 08/10/2010Copyright © 2010 Boxcar.com, Inc. All Rights Reserved.

These duly and legally protected terms of service are only being pasted here so that I may read them read properly. They are probably complex, and my primary concern is that I have no less than 200 domains current parked with Sedo. Of this I have maybe a dozen that I am willing to take a chance and list with BoxCar.com

The major concern is that once these domains are listed there I may lose my right to sell privately etc. Although somehow I doubt this its still worth checking out!

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