Terms of Service
CONTACT INFORMATION You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your account. No more than twice a month we may email you information on promotions or discounts relevant to services we offer. You may not report these messages as spam to spamcop or any other similar service, because that makes more work for us and less benefits for other customers. Doing so may be considered grounds for termination of your account. TNT Creations, LLC (TransFire) will NOT give your email address or any other contact information to any third party except under the direction of law enforcement officials.
LIABILITY We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all instant messaging accounts and dedicated servers are well taken care of. Any network problem, equipment/hardware failure, data backup and storage or outage that is not covered under our Service Level Agreement will not be grounds for reimbursement for any subsequent financial damages or losses. All instant messaging account and dedicated server data backups are the account holder's responsibility. Although we do make regular system-wide, TNT Creations, LLC is NOT responsible for data backup integrity or subsequent loss. Instant messaging accounts should not be used for mission critical communication that requires absolute redundancy. Instant Messaging servers are not guaranteed against any hacking attempt, denial of service attack, security breech, data loss, hardware problems, loss of use, loss of income and/or any unspecified general failures and any such incident. By using the services of TNT Creations, LLC, you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services.
PARENTS OR LEGAL GUARDIANS Parents and guardians who would like to allow their children to use the TransFire Services should assist them in setting up their Instant Messaging account and supervise their use of the TransFire Services. The TransFire Services may contain certain content and functionality that is not appropriate for children. As parents and guardians it is your responsibility to supervise your childrenŐs use of the TransFire Services and restrict any use of TransFire Services that may not be appropriate for your child.
TRANSLATION TransFire offers machine translation of the incoming and outgoing messages. You are aware and agree that any translated text is a translation of the original text, and is provided for convenience only. The translated text may be incomplete or inaccurate. TransFire does not warrant or guarantee the accuracy, correctness or completeness of the translation.
REGISTRATION In order to use TransFire Instant Messaging Service, you are required to register and / or provide certain user details, including, without limitation, name, email address, age and phone number. Please note that when you register to TransFire other users will be able to search for you and find you on TransFire using the details provided. Once a user has found you she/he will be able to add you to his contact list and view your online/offline presence. TransFire provides you with various privacy and security settings to limit who may view your presence or contact you.
ACCOUNT TERMINATION AND SUSPENSION Violation of any of
our Terms of Services will be grounds for immediate account termination. Posts deemed
offensive, pornographic or racially degrading, by TNT Creations, LLC are grounds
for immediate account termination. Any threats of legal action involving TNT
Creations, LLC its owners and/or staff will be grounds for immediate suspension
and all further communication will be through our respective attorneys. Posts
promoting, making available or otherwise contributing to software piracy,
hacking, spamming, denial of service attacks and/or damage to commercial
networks or servers are grounds for immediate account termination and illegal
acts will be reported and prosecuted. Using your account for IRC/BBN purposes
is not allowed on our servers.
Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. We will not debug your software programs or spend time tracking down why your account was causing problems. It is your responsibility to look through evidence that we provide. All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination. In addition, your account is for Instant Messaging use only, any other activities, at our sole discretion, will be grounds for termination as well.
AMENDMENTS This Terms of Service agreement may be amended, at any time, at the discretion of TNT Creations, LLC. Notification of amendments will be posted to our website and reflected in the TransFire application. All accounts are required to comply with any changes made to these policies. You are required to keep a valid and current email address on file with us. We are not responsible for lost or misdirected email. We strongly suggest you check our website frequently for updates to this Terms of Service agreement.If you are unsure if what you are doing is against our TOS, contact us.
INDEMNIFICATION Client agrees to defend, indemnify, and hold TNT Creations, LLC harmless from any and all demands, liabilities, losses, injury, costs and claims, including reasonable attorney's fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or agreed to be performed or any product sold or supplied, infringing on proprietary rights of a third party, copyright infringement, or defective products by customer, our agents, employees or assigns.
MISCELLANEOUS In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America. Exclusive Venue and Jurisdiction for any and all legal remedies arising out of or related to this agreement shall be in Montgomery County, North Bethesda, Maryland. Each party irrevocably consents to the foregoing jurisdiction and venue requirements and waives any and all objections to such requirements.