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Primercato Network Services

Primercato.com Terms Of Service

1 Introduction

If you wish to access the products, services and computing equipment (referred to collectively as “Services” in this document) at www.primercato.com (“Website”) you must agree to abide by these Terms of Service (“Terms”). You can accept these Terms by clicking on the “I have read and accept the Terms of Service” button on the User Registration screen. Additionally, you accept these Terms if you access any of the Services.

2 Eligibility

You must be of legal age and be legally eligible to access these Services.

3 Prohibited Activities

You must not engage in any of the following activities while accessing the Services:
  1. Transmission or reception of any material promoting illegal activities
  2. Internet gambling
  3. Transmission or reception of copyrighted material without an appropriate license or the permission of the copyright holder
  4. Generation of unsolicited email (“Spam”)
  5. Distribution of computer viruses, spyware or malware.
  6. Operation of Denial of Service or similar attacks.
  7. Transmission or reception of material injurious to minors
  8. Transmission or reception of material prohibited by the laws governing your jurisdiction and the laws of the United States.
  9. Operation of automated or manual schemes to obtain the password of another account.
  10. Usage of Services in the commission of a crime.
  11. Commercial activities, whether for-profit or not-for-profit.

4 Security

You agree to maintain secrecy of your password and to inform Primercato support in the event that it has been compromised. You agree not to share your user-id and password.

5 Termination

Primercato may terminate your access immediately for violation of these terms. Primercato may also terminate your access for any reason it deems injurious to the security or integrity of its Services and users.

6 Third-Party Content And Services

You acknowledge that Primercato has no control over products and services provided by third parties, including (but not limited to) open proxies and that if you access these products and services, you do so at your own risk.

7 Changes To Terms

Primercato may update these Terms at any time by making them available on the Site.

8 Liability

Primercato does not guarantee the results of the Services, and any use that you make of them shall be at your sole risk and expense. Primercato shall not be liable to you for any special, indirect, consequential, lost profits, or punitive damages.

9 Performance

Primercato does not provide a specific bandwidth Service Level Agreement (SLA) or warrant the suitability of the Services for any particular application. You acknowledge that streaming video applications may from time to time be adversely impacted by server and network load.

10 Force Majeure

Primercato shall not be responsible for delays or failures (including any delay by Primercato to make progress in the prosecution of any Services) if such delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, strikes, earthquakes, electrical outages, computer or communications failures, and severe weather, and acts or omissions of subcontractors or third parties.

11 Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to the principles of conflicts of law. The language of these Terms shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party (i) agrees that any action arising out of or in connection with these Terms shall be brought solely in courts of the State of Florida, (ii) hereby consents to the jurisdiction of the courts of the State of Florida and (iii) agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.

November 15th, 2010.