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TERMS OF SERVICE

"Coctailboyz.com" and the Coctailboyz logo are registered trademarks. This agreement represents the complete agreement and understandings between Coctailboyz (hereinafter "Coctailboyz.com" or "the Company" or "the Service"), its Members, affiliates, owners, and managers, and the account holder (hereinafter "User"). This agreement supersedes all other written and oral agreements. The Terms and Conditions of Use ("TOS") may be modified by Coctailboyz by notice published on-line at:

http://www2.cocktailboyz.com/visitor/Join/terms.htm

Coctailboyz reserves the right to further modify, alter, increase or decrease subscription rates, prices, and membership costs, and/or to discontinue or change services offered.

If you do not agree to the following terms and conditions of use, please notify us immediately by e-mail at "webmaster@Coctailboyz.com" so that your account may be terminated. Failure to so notify Coctailboyz and use of Coctailboyz services and access of the site shall constitute your agreement to these terms and conditions of use. Violation of the Terms and Conditions of Use may result in the termination of your account.

The contents of any files, images, or other materials accessed by User through Coctailboyz do not necessarily reflect the views or opinions of Coctailboyz. No inference regarding sexual orientation or sexual activity may be made from the appearance of any person and/or model in any image obtained through this service.

1. Certain material available on the Internet through Coctailboyz.com may not be suitable for individuals under the age of 18 (21 in some areas). ALL INDIVIDUALS ACCESSING Coctailboyz.com REPRESENT TO Coctailboyz.com THAT THEY ARE OF LEGAL AGE IN THEIR AREA TO ACCESS SEXUALLY EXPLICIT MATERIAL, AND THAT DOING SO DOES NOT CONFLICT WITH THEIR COMMUNITY'S STANDARDS.

2. User understands that the Internet contains unedited materials - some of which may be sexually explicit and may be offensive to some persons. User agrees that access to the Internet through Coctailboyz.com is at User's own risk. Coctailboyz.com exerts no control over such materials and accepts no responsibility for User's access to such materials.

3. User understands and agrees that information transmitted through Coctailboyz.com and through the Internet in general is not confidential. Coctailboyz.com explicitly does not guarantee privacy or guarantee the protection of the User's privacy. Coctailboyz.com explicitly reserves the right to monitor the User's transmissions and use of Coctailboyz.com's services when deemed necessary at Coctailboyz.com's sole discretion to provide proper service and/or to protect the User, other users, and/or the Company. Coctailboyz.com will refuse to disclose ANY information regarding the User unless otherwise required by order of a court of competent jurisdiction, a subpoena properly issued by a court of competent jurisdiction, or upon the advice of the Company's General Counsel.

4. Use of any information obtained via Coctailboyz.com is at your own risk. Neither Coctailboyz.com nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does Coctailboyz.com or its licensers, employees or agents make any warranty as to the results to be obtained from use of the service. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, either express or implied including but not limited to warranties of title or warranties of merchantability or fitness for a particular purpose or use. Coctailboyz.com, its employees, contractors, licensees, agents, and employees disclaim and disavow any and all liability for any indirect, incidental, special, and/or consequential damages which may arise from the access or use of the service, and from User's inability to access or use the service, including without limitation, any failure of performance, error, omission. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Coctailboyz.com, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

5. User hereby agrees and does so indemnify and hold harmless Coctailboyz.com , its members, affiliates, owners, managers, officers, agents, employees, and other users from any and all claims, damages, expenses (including attorney's fees) and liabilities that may result from any and all use of the User's account whether authorized or not authorized.

6. Coctailboyz.com INTERNET SITES, REFERENTS, AND CONNECTIONS AND ALL OTHER SERVICES PROVIDED BY Coctailboyz.com TO USER MAY BE USED ONLY FOR LAWFUL PURPOSES. Transmission and/or storage of any information, data, images, or other materials in violation of any International, United States or state law or regulation is prohibited, including, without limitation, any information, data, images, or other materials protected by United States or other national copyright law, trade secrets, registered trademark and/or service mark, or material judged in a court of competent jurisdiction to be threatening or obscene. User hereby agrees and does so indemnify and hold harmless Coctailboyz.com, its members, affiliates, owners, managers, officers, agents, employees, from any and all claims, damages, expenses (including attorney's fees) and liabilities that may result from the access and use of the service by User which damages User or another party. By downloading materials from Coctailboyz.com, down loader hereby agrees to be personally liable and to fully indemnify Coctailboyz.com for any and all damages directly , indirectly and/or consequentially resulting down loader's attempted or actual unauthorized downloading or other duplication of materials from Coctailboyz.com, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include without limitation, damages resulting from loss of revenue and/or property, fines, and attorney's fees, including, without limitation, those generated by prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

7. The right to use Coctailboyz.com is not transferable. Accounts are for your use only! User is responsible for the confidentiality of user's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of these conditions of use will be considered theft of service and/or fraud. User violations shall be subject to state and Federal criminal prosecution and civil liability.

8. Coctailboyz.com services SHALL NOT be utilized to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. Coctailboyz.com DOES NOT ALLOW users to run Maillist, Listserv or any form of auto-responder from a users shell. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and Coctailboyz.com will not be tolerated. When Coctailboyz.com becomes aware of possible violations, we will initiate an investigation. As part of the investigation, and in order to prevent suspected unauthorized or illegal activity, Coctailboyz.com reserves the right to unilaterally suspend User's access (with or without notice) to the service. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension maybe rescinded at the discretion of Coctailboyz.com following payment of a reconnection charge. THE USE OF WEB-BOTS, SPIDERS, OR SIMILAR SOFTWARE TO AUTOMATICALLY DOWNLOAD FILES FROM THE MEMBERS AREA IS NOT ALLOWED. USERS WHO VIOLATE THIS POLICY WILL BE SUBJECT TO ACCOUNT TERMINATION.

9. The posting of copyrighted Cocktailboyz.com images to Newsgroups is illegal. All rights are reserved and unauthorized duplication or usage in whole or part is a direct violation of applicable copyright laws. Cocktailboyz.com will prosecute violators and seek damages to the statutory maximum of $125,000 per image. 17 U.S.C. 504(c)(2) This terms page constitutes a legal agreement between Cocktailboyz.com and the User, as well as any business entity of which the User has any legal or equitable interest. If any portion of this agreement is deemed unenforceable by a court of competent jurisdiction, it shall not affect the enforceability of the other portions of this Agreement.

10. Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User assumes all responsibility for knowledge and/or application of regulations and policies of any and all networks, systems, and services accessed through User's Coctailboyz.com service account.

11. These Terms and Condition of Use and Service are subject to and are entered into subject to the laws of France. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of Coctailboyz.com shall continue in force even in the event of termination of these Terms and Conditions on other grounds. Coctailboyz.com's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.

13. By the use of a Coctailboyz.com account the User accepts the terms and conditions set forth in this agreement.

14. These Terms and Conditions were last changed August 8, 2003.

 


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