Terms of Service | Models & Talent National

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IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM WHETHER A VISITOR OR REGISTERED USER OF THIS SITE. YOU MUST BE 13 YEARS OR OLDER TO USE THIS SERVICE AND ACCESS THIS SITE.

All services provided by Models & Talent National (“Models & Talent National”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber or any other person accessing this site agrees to indemnify and hold harmless Models & Talent National from any claims resulting from the use of service which damages the subscriber or any other party. By using this service, you are agreeing to be bound by the terms and conditions (“Terms of Service”).

You must be 13 years or older to use this Service. If we believe you are under 13 and representing to be older, we may delete your use of this service without notice.

This website and all content, product, services and software on this website or made available through this website are provided “As Is” and “As Available” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a courses of dealing or usage of trade. Content provided on this website should not be interpreted as a recommendation for any specific product or service, use or course of action. The content may not be accurate, up to date, complete or untampered, and is not to be relied upon.

You agree at all times to indemnify, defend and hold harmless Models & Talent National, its agents, suppliers, affiliates and their respective directors and employees against actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Models & Talent National directly or indirectly in respect to your use of such website and any content or communication you publish or receive through such use.

Prohibited are sites and subscribers that promote any illegal activity or present content that may be damaging to Models & Talent National’s servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software

hacker programs or archives

Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, MODELS & TALENT NATIONAL WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Models & Talent National is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Models & Talent National must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month, Models & Talent National shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Models & Talent National by no later than the specified payment due date. Models & Talent National shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by Models & Talent National to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Models & Talent National and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation after a five day period of deactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

If your account and access is terminated because you have breached the Terms of Service and AUP Agreement, you shall not be entitled to the refund of any unused portion of fees or payments, if any.

Limitation of Liability

Models & Talent National shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Models & Talent National ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Models & Talent National shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Models & Talent National ‘ servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of the Acceptable Use Policies, which policies shall be incorporated as an extenuation of the Terms of Service, should be referred to support@mtnational.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Models & Talent National cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. The Models & Talent National website is hosted by Hostmonster.com. Certain services provided by Models & Talent National are resold. Thus, certain equipment, routing, software and programming used by Models & Talent National are not directly owned or written by Models & Talent National. Moreover, Models & Talent National holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Models & Talent National sees fit.

Limitation of Liability

IN NO EVENT SHALL MODELS & TALENT NATIONAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOU USE OF THE MODELS & TALENT NATIONAL SERVICES, EVEN IF MODELS & TALENT NATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MODELS & TALENT NATIONAL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MODELS & TALENT NATIONAL FOR THE MODELS & TALENT NATIONAL SERVICES DURING THE TERM OF YOUR USE OF SUCH SERVICES.

Account Activation

By activating your account with Models & Talent National, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We may but are not required, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Although Models & Talent National has an excellent record for reliability, we do not offer an uptime guarantee as our website is hosted by Hostmonster.com.

Models & Talent National reserves the right to amend any or all of the policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. This Agreement includes

The Terms of Service may be modified from time to time and shall be effective upon posting on the Models & Talent National Website. Your continued use of the Models & Talent National Services after Models & Talent National posts a revised Agreement signifies your acceptance of the revised Agreement. You should review this agreement regularly to ensure you are updated to any changes. Models & Talent National is headquartered in Pittsburgh, Pennsylvania. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provision. In the event of a dispute, you agree to submit to the jurisdiction of Allegheny County, Pennsylvania. The captions contained herein are inserted only for the purpose of convenient reference and in no way define, limit or describe the scope or intent of this Agreement or any part hereof.

The invalidity or unenforceability of any provision herein shall in no way affect the validity or enforceability of any other provision. If any covenant or part of this Agreement is invalid or incapable of being enforced by reason of rule, law or public policy, all remaining conditions of this Agreement shall remain valid and in full force and any other covenant or part unless so expressed herein. This agreement is accepted upon your use of the Models & Talent National website or any other services provided by Models & Talent National and is further affirmed by you becoming a member.

Acceptable Use Policy Revision date: January 12, 2010

As a provider of the referral networking service and other Internet-related services, Models & Talent National offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Models & Talent National respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Models & Talent National reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Models & Talent National has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as part of the Terms of Service as well as a guide to the customer’s rights and obligations when using Models & Talent National’s services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Models & Talent National cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Models & Talent National cannot monitor or censor the Internet, and will not attempt to do so, Models & Talent National cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Models & Talent National does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Models & Talent National’s network and may reach a large number of people, including both subscribers and non-subscribers of Models & Talent National, subscribers’ postings and communications to the Internet may affect other subscribers and may affect Models & Talent National’s goodwill, business, reputation or operations. For these reasons, subscribers violate Models & Talent National policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Models & Talent National, but also because it can overload Models & Talent National’s network and disrupt service to Models & Talent National’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Models & Talent National will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Models & Talent National reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Models & Talent National choose to pursue and prosecute.

Audio/Video Streaming: Models & Talent Magazine does allow streaming of audio or video unless streamed through software provided on this website. Offending accounts not in compliance with our Terms of Service will be suspended without noticed or terminated.

Adult-Oriented Content: Models & Talent National does not allow adult content and will suspend/terminate any offending account.

Large File Policy: Models & Talent National is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support@mtnational.com.

Obscene Speech or Materials: Using Models & Talent National’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Models & Talent National is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language: Using Models & Talent National’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language, verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member or office will result in immediate account termination.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is a violation of Models & Talent National’s policy.

Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”) is a violation of Models & Talent National’s policy. Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity) is a violation of Models & Talent National’s policy.

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment is a violation of Models & Talent National’s policy.

Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software is a violation of Models & Talent National’s policy.

Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States is a violation of Models & Talent National’s policy.

Subscriber Communications: Models & Talent National reserves the right not to accept postings and communications where we have actual knowledge that the content violates the AUP.

Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities: Engaging in activities, whether lawful or unlawful, that Models & Talent National determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Models & Talent National will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Models & Talent National’s policy or applicable law. However, when Models & Talent National becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Models & Talent National.

Models & Talent National is also aware that many of its subscribers are themselves providers of services, and that information reaching Models & Talent National’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Models & Talent National does require its subscribers who offer services to monitor or censor transmissions or web sites created by customers of its subscribers. Models & Talent National reserves the right to directly take action against a customer of its subscribers. Also, Models & Talent National may take action against the Models & Talent National’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Models & Talent National anticipates that subscribers who offer services will cooperate with Models & Talent National in any corrective or preventive action that Models & Talent National deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Models & Talent National policy.

Models & Talent National will not intentionally monitor private electronic mail messages sent or received by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Models & Talent National may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Models & Talent National may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Models & Talent National assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Models & Talent National may disclose subscriber information or information transmitted over its network where necessary to protect Models & Talent National and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Models & Talent National will never sell information to other services or outside companies.

Models & Talent National expects that its subscribers who provide services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Models & Talent National policy. Finally, Models & Talent National wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Models & Talent National for any violation of the Service Agreement, law or Models & Talent National policy resulting in loss to Models & Talent National or the bringing of any claim against Models & Talent National by any third party. This means that, if Models & Talent National is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Models & Talent National, plus costs and reasonable attorney’s fees.

You expressly understand that Models & Talent National shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Models & Talent National has been advised of such damages), resulting from (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through our service; (iii) unauthorized access to or alternation of your transmissions or date; (iv statements or conduct of any third party on the service; or (v) any other matter relating to the service. All damages will be limited to the amount paid, if any, by you to Models & Talent National for the Models & Talent National services during the term of the membership.

The failure of Models & Talent National to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Models & Talent National and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to support@mtnational.com.