Terms and Rules of Membership

Terms and Rules of Membership

WELCOME TO NETCAMTV.COM
ALL PERSONS SEEKING MEMBERSHIP IN NETCAMTV.COM MUST READ AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY.

This legal document is an agreement between you, the Customer, and A.C.S. INC. BY JOINING OUR WEB SITE YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT WHICH INCLUDES THE TERMS OF MATERIAL, LIMITED WARRANTY AND EXCLUSION OF LIABILITY.

1. Definitions

1.1 "Materials" includes access to certain proprietary sexually explicit photographic images, video and audio clips, chat rooms, message boards, messages and other communications, stories and other written materials, together with the related graphic files, audio files, video files, text, hyperlinks, inter-links, search engines, and other software associated with the authorized use of NETCAMTV.COM and affiliated Web sites (the "Producers of the Material"),

2. Use of Materials

2.1 A.C.S. Inc. grants to You a limited, nonexclusive and nontransferable license to:

(a) use Material, as provided by A.C.S. INC. during the period in which you are a subscriber in good standing only on one computer at a time and,

(b) download copies of the Material to only a single copy of such Materials for Your own personal use and enjoyment.

This license does not grant You any other rights to the Material except as set forth in this Agreement.

2.2 You may make no use of the Material other than as expressly authorized by A.C.S. Inc. Prohibited uses of the Material include, without limitation:

(a) permitting other individuals to directly or indirectly use the material;

(b) modifying, translating, reverse engineering, de-compiling, disassembling the material (except to the extent applicable laws specifically prohibit such restriction);

(c) making copies or creating derivative works based on the material, except as provided herein;

(d) renting, leasing, or transferring any rights in the material;

(e) removing any proprietary notices or labels on the material; and,

(f) making any other use of the material.

2.3 Violation of any of the terms of this Agreement including using the Material in any other way other than as specifically permitted entitles A.C.S. Inc. to terminate this Agreement and Customer’s access to the Material at any time, without notice. PLEASE NOTE THAT A.C.S. Inc. STRICTLY ENFORCES THIS POLICY AND WILL PROSECUTE ANY VIOLATION OF THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

2.4 It is Your own responsibility to:
(a) supply information required to set up the account, Internet devices to view the material, notifications, and notification events;
(b) provide for your own access to the World Wide Web and pay any telephone service fees associated with such access.

3. Payment

3.1 You agree to pay all charges associated with your use of the Material as follows: CLICK HERE FOR PRICES

3.2 You are provided with a user identification number ("User ID") and a password. It is your obligation and your responsibility to safeguard the confidentiality and monitor any usage of material provided in connection with the user ID and the password. Any charges associated with the user ID and the password are your responsibility and you shall bear any risk of loss thereto (including charges for material).

3.3 Solely in order to comply with the payment provisions of this Agreement for the material, you agree to allow A.C.S. Inc. to perform a credit check on you and you agree to provide A.C.S. Inc. with either:
(a) the credit or debit card particulars as described in this Agreement and to authorize A.C.S. Inc. to charge applicable Charges to such credit or debit card;
(b) if applicable, other forms of payment such as cash or check.

4. Term and Termination

4.1 Termination - A.C.S. Inc. may terminate this Agreement and suspend the Customer’s use of the Materials and access to the Material without notice in each of the following events:

(a) upon the failure of your debit or credit card account to be debited by I-Bill or any other provider for A.C.S. INC. for Charges or for non-payment; or
(b) for any breach of this Agreement.

4.2 Subscriber's subscription to the Service will be automatically renewed for the original term upon expiration of such term, unless I-Bill (phone # 1-888-371-7800) is notified via phone or e-mail 3 days prior to membership expiration.

This is subject to one exceptions:

A 5-day trial membership will renew to a full membership 24 hours after signup. Membership will not be renewed if subscriber cancels within initial 24 hours and can provide proof of such cancellation via cancellation confirmation receipt. Trial memberships
MUST be cancelled within the initial 24 hour period to avoid further billing.

4.3 Subscription to the Service may be terminated at any time, and without cause, by either A.C.S. Inc. or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone; provided, however, that subscription fees paid as of the date of termination are NOT refundable when termination is requested by a Subscriber. Subscribers are liable for charges incurred by them until termination of service

5. Warranty and Limitation of Liability

5.1 SEXUALLY EXPLICIT MATERIAL:

(a) THE MATERIAL IS INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE SUCH MATERIAL DOES NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY APPLICABLE FEDERAL, PROVINCIAL OR LOCAL LAW OR REGULATION OF THE U.S.A. OR ANY OTHER COUNTRY.

(b) YOU HEREBY ACKNOWLEDGE THAT THE MATERIAL INCLUDES EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BISEXUAL, HOMOSEXUAL, AND TRANSSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIAL.

(c) YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU CURRENTLY WISH TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA NETCAMTV.COM AND ITS AFFILIATED SITES , WOULD NOT HAVE OTHERWISE AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT YOU DO NOT WISH TO RECEIVE SUCH SEXUALLY EXPLICIT MATERIAL.

5.2 AGE OF CONSENT.

(a) NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF CONSENT) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR MATERIAL ADVERTISED AT, IN OR THROUGH NETCAMTV.COM AND ITS AFFILIATED SITES.

(b) YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF CONSENT) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.

5.3 NO WARRANTY - THE MATERIALS ARE PROVIDED "AS IS" AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OR ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (in contract or tort) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, DURABILITY FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, A.C.S. INC. MAKES NO WARRANTIES THAT THE MATERIALS MEET YOUR REQUIREMENTS.

5.4 NO INDIRECT DAMAGES - IN NO EVENT SHALL A.C.S. INC. BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (in contract or tort) IN CONNECTION WITH MATERIALS INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF CAUSED BY A.C.S. INC. NEGLIGENCE AND EVEN IF A.C.S. INC HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

5.5 LIMITS ON LIABILITY - IF FOR ANY REASON, A.C.S. INC. BECOMES LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (in contract or tort), INCURRED IN CONNECTION WITH THIS AGREEMENT THEN THE AGGREGATE LIABILITY OF A.C.S. INC. PARTIES FOR ALL DAMAGES, INJURY, AND LIABILITY INCURRED BY CUSTOMER AND ALL OTHER PARTIES, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE CHARGES PAID FOR THE MONTH FOLLOWING THE EVENT GIVING RISE TO THE CLAIM.

5.6 General Indemnity - You shall defend or settle any claim made or any suit or proceeding brought (including an action for libel or slander) against A.C.S. INC. insofar as such claim, suit or proceeding directly or indirectly arises out of Your Internet presence or violation of the terms of this Agreement.

6. GENERAL

6.1 Complete Agreement - This is the complete and exclusive statement of the Agreement between the parties with respect to the subject matter contained herein. A.C.S. INC. IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, CORRESPONDENCE, OR OTHERWISE UNLESS SPECIFICALLY AGREED TO IN WRITING.

6.2 Governing Law - This Agreement and performance hereunder shall be governed by the laws of Alabama in the U.S.A. and any disputes shall be referred to the courts of Alabama in the U.S.A.

6.3 Non-Waiver - The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

6.4 Assignment - Customer may not assign any of its rights under this Agreement without the consent of A.C.S. INC..

6.5 Confidentiality – Neither party shall at any time whether before or after the termination of this Agreement disclose, furnish, or make accessible to anyone any Confidential Information including the terms of this Agreement. However, Customer agrees that the fact of its use of the Material may be disclosed to others and Customer shall become a reference account for Material.

By Entering our Web sites, Customer agrees to all the terms of this Agreement. Some terms of this Agreement are particularly important, so we want to call them to your attention and emphasize that your Subscription constitutes your particular agreement to these terms: s. 3 (Payment); s 5 (Warranty and Limitation of Liability); and s. 6.1 (Complete Agreement). This Agreement shall be effective on the date that you enter the Web sites known as NETCAMTV.COM, which shall be the date A.C.S. INC. grants you access to the Members Material.