This marksix6.net Service Agreement (the "Agreement") describes the terms and conditions on which marksix6.net ("we" or "our company") offer services to you ("Customer" or "You"). By registering for or using marksix6.net services, Customer agrees to be bound by the following terms and conditions.
Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of marksix6.net, and that the person agreeing to this Agreement for Customer is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for Customer.
Subject to the terms and conditions of this Agreement, marksix6.net makes certain Services available to Customer. For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) marksix6.net "Services" means those electronic or interactive services offered by marksix6.net. marksix6.net reserves the right to change or discontinue any of the Services at any time.
You acknowledge that all materials (except those uploaded by users) provided on this website, including but not limited to information, documents, products, logos, graphics, software, and services (collectively "Materials"), are provided either by marksix6.net or by their respective third-party authors, developers, and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by marksix6.net and/or its Third Party Providers. Elements of the website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. marksix6.net, the marksix6.net logo, and other marksix6.net products referenced herein are trademarks of marksix6.net, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Customer represents and warrants that the information it provides in marksix6.net contact information forms is true, accurate, current, and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current, and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current, or incomplete, marksix6.net will have the right to suspend or terminate Customer's account and this Agreement.
Customer may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for Customer. Furthermore, Customer represents and warrants that each person who registers under Customer's account is an authorized agent of Customer (an "Authorized User") who has such legal capacity.
Customer is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under Customer's account, unless such access to or use of the Services is the direct result solely of the gross negligence of marksix6.net. It is Customer's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of Customer's Authorized Users.
Customer is solely responsible for maintaining the confidentiality of Customer access information, i.e., account IDs and passwords of its Authorized Users, and is responsible for all activities that occur under your account.
Customer will immediately notify marksix6.net if Customer notices any activity indicating that Customer's account or data is being used without authorization, including: (a) Customer has received confirmation of an order or orders placed using Customer's account which Customer did not place or any similar conflicting report; or (b) Customer becomes aware of any unauthorized use of any product or service related to its account(s).
Customer has sole responsibility and liability for the data it stores on marksix6.net's servers. Customer controls its data through its generated link. marksix6.net encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Customer agrees to maintain its data in compliance with its legal obligations. marksix6.net will delete Customer data upon termination of this Agreement. However, marksix6.net may retain Customer data in its archives after deletion and will not be liable to Customer in any way for such retained data.
marksix6.net will provide access to the Services and Customer's data to an agent of Customer ("Authorized Agent") who provides marksix6.net with a notarized letter signed by an officer of Customer which letter shall include statements of authenticity, authority, and liability as required by marksix6.net in its sole discretion. Customer expressly and irrevocably agrees that marksix6.net may rely on such a letter and on the apparent authority of the person requesting access to the Services or to Customer's account. In no event will marksix6.net be liable to Customer or any third party for marksix6.net's reliance on such letter or such apparent authority.
You agree not to use marksix6.net's Service to:
marksix6.net neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.
marksix6.net reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.
Further, should Customer violate this policy, marksix6.net will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
Customer shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
Violations or attempts to violate marksix6.net systems or to interrupt marksix6.net services are strictly prohibited and may result in criminal and civil liability. Examples include unauthorized access, interference with service to any customer or network, use of any device or software to interfere with proper functioning, and any action imposing an unreasonable load on marksix6.net's infrastructure.
marksix6.net Services may be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. If you use another party's material, you must obtain prior authorization.
Customer shall not misuse system resources including, but not limited to, employing content which consumes excessive CPU time or storage space, utilizing excessive bandwidth, or resale of access to content hosted on marksix6.net servers.
Whether lawful or unlawful, marksix6.net reserves the right to determine what is harmful to its Customers, operations, or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.
You expressly understand and agree that your use of the Service is at your sole risk. marksix6.net Services are provided on an "as is" and "as available" basis. marksix6.net and its suppliers disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability, and non-infringement of proprietary or third-party rights.
You agree to defend, indemnify, and hold harmless marksix6.net, its affiliates, officers, directors, employees, and agents from any claims, actions, or demands arising from your use of the Service or your breach of this Agreement.
Your use of marksix6.net is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms and conditions, your sole remedy is to discontinue use of the Service. marksix6.net shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the Service.
We reserve the right to change this Agreement at any time without notice. We also reserve the right to modify or discontinue the Service, temporarily or permanently, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
marksix6.net may terminate your access to the Service at any time, without notice, for conduct that it believes violates this Agreement or is harmful to other users or us. Upon termination, all rights granted to you under this Agreement will cease immediately.
This Agreement is governed by the laws of the State of California. Any legal action relating to this Agreement must be filed in the federal or state courts located in Santa Clara County, California.
You and marksix6.net are independent contractors; no agency, partnership, joint venture, or employee-employer relationship is intended or created.
You may not assign your rights or delegate your duties under this Agreement without our prior written consent.
We shall not be liable for any failure to perform due to causes beyond our control.
If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect.
You represent and warrant that you shall keep publicly unannounced information and materials pertaining to marksix6.net, pre-release software, testing, or testing procedures strictly confidential.
Except for other agreements or terms appearing on the website, this Agreement sets forth the entire understanding and agreement between us regarding the Service.