My Hometown Online Service Agreement Last Updated: Dec 2006

THANK YOU FOR CHOOSING My Hometown Online (EHOPKINSVILLE.COM)!

1. What the Contract Covers.

This is a contract between you and the My Hometown Online.  Sometimes My Hometown Online is referred to as “we,” “us” or “our".  This contract applies to any, products or services that you use while this contract is in force.  All of the products or services are referred to in this contract as the "service"

Please note that we do not provide warranties for the service.   The contract limits our liability.  

2. When You May Use the Service.

You may start using the service as soon as you have finished the sign-up process. 

3.  How You May Use the Service.

In using the service, you will always:

• obey the law;
• obey any codes of conduct or other notices that we provide;
• Accept our Anti-spam policy of 100% NO SPAM.
• keep your service account password secret; and
• promptly notify us if you learn of a security breach related to the service.
• Never use this service to transmit, store or receive pornography of any kind.
• Never use this service to transmit, store or receive hate, terroristic or anti-governmental material of any kind.
• Agree to receive occasional marketing messages in your email account only from My Hometown Online.
• Agree that your account may be suspended or cancelled at any time without notice for any breech of this agreement.
• Agree that My Hometown Online may at its sole discretion cease operation of all services without notice.

4. How You May Not Use the Service.

In using the service, you may not:

• use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors or any customer of a My Hometown Online party;
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages "spam";
• use any unauthorized third party software or service to access the My Hometown Online network;
• use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by My Hometown Online, or meta-searching;
• use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
• damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyones use and enjoyment of the service; or
• resell or redistribute the service, or any part of the service.

5.You Are Responsible For Your Service Account.

Only you may use your service account.  For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (an associated account).  You are responsible for all activity that takes place with your service account or an associated account.  You may not authorize any third party to access and/or use the service on your behalf.

6. If You Are an Associated Account User.

If you are the user of an associated account, then the holder of the service account has full control over your associated account.  This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your associated account. 

8. Materials.

You must  not submit materials to any online service by our My Hometown Online service that is not owned by you.  We do not claim ownership of the materials you post or provide. However, by posting or otherwise providing your submission, you are granting to the public free permission to:

• use, copy, distribute, display, publish and modify your submission, each in connection with the service;
• publish your name in connection with your submission; and
• grant these permissions to other persons.

This section applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law.  For every submission you make, you must have all rights necessary for you to grant the permissions in this section.

9. Privacy.

We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of My Hometown Online, its employees, its customers or the public.  You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract.  These means may include, for example, filtering to stop spam or increase security.  These means may hinder or break your use of the service.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use.  We may automatically upload this information from your machine.  This data will not personally identify you. 

10. Software and Programming.

If you receive access to our service and to software as part of the My Hometown Online service, your use of that software is under the terms of the license that is presented to you for acceptance for that software.  If there is no license presented to you, then we grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer.  We reserve all other rights to the software. 

We may automatically check your version of the software.  We may automatically download upgrades to the software to your computer to update, enhance and further develop the service.

Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software.  We may disable the software after the date the service ends.

You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity. 

The software is subject to United States export laws and regulations.  You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

11. My Hometown Online Authentication Network.

We may provide you with credentials on our authentication network to use with the service.  You are solely responsible for any dealings with third parties (including advertisers) who use our authentication network, including the delivery of and payment for goods.  This contract applies to you whenever you use the credentials you obtained with the service. When you use our authentication network to gain access to any site, the terms and conditions for that site, if different from this contract, may also apply to you in your use of that site. Please refer to the terms of use for each site that you visit.  We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for an extended period, as determined by us. If we cancel your credentials, your right to use our authentication network immediately ceases.

13. Requirements For Placing Advertisements.

• You may not place advertisements in or through the service.  We have no obligation to display any part of advertising content.  With respect to advertising content you promise to never use this service for advertising of any kind.

14. How We May Change the Contract.

If we change this contract, then we will tell you at least 3 days before the change takes place.  If you do not agree to these changes, then you must cancel and stop using the service before the change takes place.  If you do not stop using the service, then your use of the service will continue under the changed contract.

15. WE MAKE NO WARRANTY.

We provide the service “as-is,” “with all faults” and “as available.”   We do not guarantee the accuracy or timeliness of information available from the service.  The My Hometown Online parties give no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws that this contract cannot change.  We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

16.  LIABILITY LIMITATION.

You cannot recover from the My Hometown Online damages, including but not limited to, consequential, lost profits, special, indirect, incidental or punitive damages.

17. Changes to the Service; If We Cancel the Service.

We may change the service or delete features at any time and for any reason.  We may cancel or suspend your service at any time.  Our cancellation or suspension may be without cause and/or without notice.  Upon service cancellation, your right to use the service stops right away.  If the service is ever cancelled or suspended, any data you have stored on the service may not be retrieved later.

18. Interpreting the Contract.

All parts of this contract apply to the maximum extent permitted by law.  A court may hold that we cannot enforce a part of this contract as written.  If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce.  The rest of this contract will not change.  This is the entire contract between you and us regarding your use of the service.  It supersedes any prior contract or statements regarding your use of the service.  If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester).  The section titles in the contract do not limit the other terms of this contract.

19. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you.  You may not assign this contract, or any part of it, to any other person.  Any attempt by you to do so is void.  You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

20.  No Third Party Beneficiaries.

This contract is solely for your and our benefit.  It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

21. Claim Must Be Filed Within One Year.

Any complaint related to this contract or the service may not be brought unless brought within 90 days.   The one-year period begins on the date when the claim first could be filed.  If it is not filed, then that claim is permanently barred.  This applies to you and your successors.  It also applies to us and our successors and assigns.

22. Your Notices to Us.

NOTICES

Notices and Procedure for Making Claims of Copyright Infringement

Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Copyright and Trademark Notices

All contents of the service are the Trademark â„¢ and Copyright © 2006 My Hometown Online and/or its suppliers, Chattahoochee, FL 32324 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service.  We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. All rights reserved.

Third Party Account Information

By using the "My Accounts" service through the service, you authorize My Hometown Online and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint My Hometown Online and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting My Hometown Online and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.

Parental Controls

My Hometown Online does not offer parental control protections to limit access to material that is harmful to minors. If you are interested in learning more about and obtaining these protections, information is available at http://www.staysafe.org/or other similar sites providing information on parental control protections.

Financial Notice

My Hometown Online is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the service constitute an offer or solicitation to buy or sell any security. My Hometown Online does not endorse or recommend any particular financial products or services. Nothing contained in the service is intended to constitute professional advice, including but not limited to, investment or tax advice.

Respect Copyright

Please respect the rights of artists and creators.  Content such as music, photos and video may be protected by copyright.  People appearing in content may have a right to control use of their image.  You may not share other people's content unless you own the rights or have permission from the owner.

My Hometown Online