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Terms Of Use HEADING_TITLE

AGREEMENT BETWEEN YOU AND THE UPNORTH SERVICES USA LLC


The UpNorth Services Site is made up of various Web sites and Web pages operated by the UpNorth Services USA LLC, New York, NY or its affiliates (collectively, the "UpNorth Services Sites"). This Terms of Use and Notices apply to the UpNorth Services Site and does not apply to the content of third parties.


The UpNorth Services Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the UpNorth Services Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular UpNorth Services Site included within the UpNorth Services Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). To go directly to certain of the Additional Terms, click on the link below:


Additionally, the UpNorth Services Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas).


In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular UpNorth Services Site, then these terms shall control.


MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular UpNorth Services Site, or any product or service offered on any UpNorth Services Site (each a "UpNorth Services Site/Service", and collectively "UpNorth Services Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify UpNorth Services immediately of any unauthorized use of your account or any other breach of security. UpNorth Services will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by UpNorth Services or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.


MODIFICATION OF THESE TERMS OF USE
UpNorth Services USA LLC reserves the right to change the terms, conditions, and notices under which the UpNorth Services Sites/Services are offered, including but not limited to the charges associated with the use of the UpNorth Services Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the UpNorth Services Sites/Services constitutes your agreement to all such terms, conditions, and notices.


PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the UpNorth Services Sites/Services are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the UpNorth Services Sites/Services. Without the advance express written permission of UPNORTH SERVICES USA LLC, you may not ‘meta-search’ the UpNorth Services Sites/Services, send, or cause to be sent, any automated queries of any sort to the UpNorth Services Sites/Services, or use the UpNorth Services Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any UpNorth Services Sites/Services to determine how a web site “ranks” on any UpNorth Services Sites/Services.


LINKS TO THIRD PARTY SITES
The UpNorth Services Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of UpNorth Services USA LLC and UpNorth Services USA LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. UpNorth Services USA LLC is not responsible for webcasting or any other form of transmission received from any Linked Site nor is UpNorth Services USA LLC responsible if the Linked Site is not working appropriately. UpNorth Services USA LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UpNorth Services USA LLC of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.


Any dealings with third parties (including advertisers) included within the UpNorth Services Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. UpNorth Services USA LLC shall not be responsible or liable for any part of any such dealings or promotions.


NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the UpNorth Services Sites/Services, you will not use the UpNorth Services Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the UpNorth Services Sites/Services in any manner that could damage, disable, overburden, or impair any UpNorth Services Site/Service(s) (or the network(s) connected to any UpNorth Services Site/Service(s)) or interfere with any other party's use and enjoyment of any UpNorth Services Site/Service(s). You may not attempt to gain unauthorized access to any UpNorth Services Site/Service, other accounts, computer systems or networks connected to any UpNorth Services Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the UpNorth Services Sites/Services.


USE OF SERVICES
The UpNorth Services Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:



  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

  • Use any material or information, including images or photographs, which are made available through the UpNorth Services Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

  • Use of meta tag searches on the web sites.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses.

  • Violate any applicable laws or regulations.

  • Create a false identity for the purpose of misleading others.

  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an UpNorth Services Site/Service(s) or other user or usage information or any portion thereof.


UpNorth Services USA LLC has no obligation to monitor the Communication Services. However, UpNorth Services USA LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. UpNorth Services USA LLC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.


UpNorth Services USA LLC  reserves the right at all times to disclose any information as UpNorth Services USA LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in UpNorth Services USA LLC sole discretion.


Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. UpNorth Services USA LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, UpNorth Services USA LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized UpNorth Services USA LLC spokespersons, and their views do not necessarily reflect those of UpNorth Services USA LLC.


Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.


MATERIALS PROVIDED TO UPNORTH SERVICES OR POSTED AT ANY UPNORTH SERVICES SITE
UpNorth Services USA LLC does not claim ownership of the materials you provide to UpNorth Services USA LLC (including feedback and suggestions) or post, upload, input or submit to any UpNorth Services Site/Service or its associated services for review by the general public, or by the members of any public or private group, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting UpNorth Services USA LLC, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all UpNorth Services Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a UpNorth Services Site/Service.


No compensation will be paid with respect to the use of your Submission, as provided herein. UpNorth Services USA LLC is under no obligation to post or use any Submission you may provide and UpNorth Services USA LLC may remove any Submission at any time in its sole discretion.


By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


SOFTWARE AND CONTENT AVAILABLE THROUGH THE UPNORTH SERVICES SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the UpNorth Services Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of UpNorth Services USA LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.


For any Software not accompanied by a license agreement, UpNorth Services USA LLC hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular UpNorth Services USA LLC Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.


LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE UPNORTH SERVICES SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE UPNORTH SERVICES SITES/SERVICES AND TO THE INFORMATION THEREIN. UPNORTH SERVICES USA LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE UPNORTH SERVICES SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE UPNORTH SERVICES SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.


UPNORTH SERVICES USA LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE UPNORTH SERVICES USA LLC SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UPNORTH SERVICES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.


YOU SPECIFICALLY AGREE THAT UPNORTH SERVICES USA LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN UPNORTH SERVICES SITE/SERVICE. YOU SPECIFICALLY AGREE THAT UPNORTH SERVICES USA LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT UPNORTH SERVICES USA LLC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN UPNORTH SERVICES SITE/SERVICE BY ANY THIRD PARTY.


IN NO EVENT SHALL UPNORTH SERVICES USA LLC  AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE UPNORTH SERVICES SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE UPNORTH SERVICES SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE UPNORTH SERVICES SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE UPNORTH SERVICES SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UPNORTH SERVICES USA LLC  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE UPNORTH SERVICES SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE UPNORTH SERVICES SITES/SERVICES.


STORAGE SPACE AND OTHER LIMITATIONS UPNORTH SERVICES Site


You agree that UpNorth Services USA LLC  may establish limits concerning use of any Physical computer resource offered on an UpNorth Services Site, including without limitation the maximum number of days that e-mail messages will be retained by any Physical computer resource, the maximum number of e-mail messages that may be sent from or received by an account on any Physical computer resource, the maximum size of an e-mail message that may be sent from or received by an account on any Physical computer resource, the maximum disk space that will be allotted on UpNorth Services USA LLC 's servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any Physical computer resource in a given period of time.


You agree that UpNorth Services USA LLC has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Physical computer resource. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Physical computer resource may change at any time. You acknowledge that UpNorth Services USA LLC reserves the right to sign out, terminate or delete your accounts for any particular Web site or service within UPNORTH SERVICES USA LLC that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by UpNorth Services USA LLC, in its sole discretion. The amount of time that UpNorth Services USA LLC currently considers as an "extended" period of time is determined based on the particular UpNorth Services USA LLC site or Physical computer resource within UPNORTH SERVICES to which it pertains, and may be viewed in the FAQ, or other user information relating to the particular service.


UPNORTH SERVICES USA LLC MAKES NO WARRANTY THAT ANY PHYSICAL COMPUTER RESOURCE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.


TERMINATION/ACCESS RESTRICTION


UpNorth Services USA LLC reserves the right, in its sole discretion, to terminate your access to any or all UpNorth Services Sites/Services and the related services or any portion thereof at any time, without notice. UpNorth Services USA LLC may also terminate or suspend your access to UpNorth Services Site/Service(s) for inactivity, as set forth, above, in "Storage Space and Other Limitations." UpNorth Services USA LLC shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.


NO SPAM; DAMAGES
UpNorth Services USA LLC may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay UpNorth Services USA LLC liquidated damages of five dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise, you agree to pay UpNorth Services USA LLC’s actual damages; to the extent such actual damages can be reasonably calculated. You agree that UpNorth Services may charge such damages to your selected Payment Method, as set forth in the UpNorth Services Billing section, below.


GENERAL
Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the UpNorth Services Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and UpNorth Services USA LLC as a result of this agreement or use of the UpNorth Services Sites/Services. You agree to indemnify and hold UpNorth Services USA LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the UpNorth Services Sites/Services. UpNorth Services USA LLC  reserves the right to disclose any personal information about you or your use of the UpNorth Services Sites/Services, including its contents, without your prior permission if UpNorth Services USA LLC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of UpNorth Services USA LLC  or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. UpNorth Service USA LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of UpNorth Services USA LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the UpNorth Services Sites/Services or information provided to or gathered by UpNorth Services USA LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and UpNorth Services USA LLC with respect to the UpNorth Services Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and UpNorth Services USA LLC with respect to the UpNorth Services Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


COPYRIGHT AND TRADEMARK NOTICES:
All contents of the UpNorth Services USA LLC Sites are: Copyright (c) 1996 - 2002 UpNorth Services USA LLC  and/or its suppliers. All rights reserved.


TRADEMARKS. UpNorth Services USA LLC, and/or other UpNorth Services USA LLC products and services referenced herein may also be either trademarks or registered trademarks of UpNorth Services USA LLC in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.


The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.


Any rights not expressly granted herein are reserved.


NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to 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.


PHOTOS
In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the UpNorth Services Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private group (for each such Picture available to members of such private group), (b) to the general public (for each such Picture available anywhere on the UpNorth Services USA LLC Site, other than a private group), and/or (c) to any person with whom you share Pictures through e-mail using the UpNorth Services Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any UpNorth Services Site/Service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such UpNorth Services Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the UpNorth Services USA LLC Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture."


UPNORTH SERVICES USA LLC  BILLING
Charges on your Billing Account


UpNorth Services USA LLC bills you through an online account (your "Billing Account") for services and items obtained under this Agreement (the "Products"). You agree to pay UpNorth Services USA LLC all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize UpNorth Services USA LLC  to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you online (your "Online Statement"). You will have one Online Statement per Billing Account. UpNorth Services USA LLC reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.


YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY UPNORTH SERVICES  IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.UPNORTHSERVICES .COM. IF YOU FAIL TO PROVIDE UPNORTH SERVICES USA LLC ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT UPNORTH SERVICES MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).


Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If UpNorth Services USA LLC  does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.


Prices for all Products exclude all applicable taxes and telecommunication charges unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on your Online Statement or charged to your Billing Account or Payment Method.


If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and UpNorth Services shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of your Payment Method. You agree that UpNorth Services USA LLC may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.


UPNORTH SERVICES USA LLC  MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE UPNORTH SERVICES  REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.UPNORTHSERVICES.COM.


Your non-termination or continued use of the Products on your Billing Account reaffirms that UpNorth Services USA LLC  is authorized to charge your Payment Method. UpNorth Services USA LLC may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive UpNorth Service USA LLC’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.


Refund Policies


Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the price plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at your expense.


Online Statement


Your Online Statement will be available monthly after you log-in at http://www.upnorthservices.com/. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that UpNorth Services  needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS. While you may request a paper copy of your Online Statement, you will be charged a retrieval fee. To request a paper copy of your Online Statement, go to http://www.upnorthservices.com/. Paper copies of your Online Statement will only be provided for 120 days from the date of the Online Statement.


UpNorth Services USA LLC will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time; however, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to UpNorth Services USA LLC. Unless you notify UpNorth Services USA LLC of any error within 120 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE UPNORTH SERVICES  FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO UPNORTH SERVICES  WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.


Due Date: Late Charge; Collection Costs
The amount due to UpNorth Services USA LLC for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by UpNorth Services  USA LLC, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by UpNorth Services USA LLC on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. UpNorth Services USA LLC reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.


Default
If UpNorth Services USA LLC  does not receive payment for any charge to your Billing Account, you will be in default and UpNorth Services USA LLC may suspend or cancel your Billing Account and your access to any or all UpNorth Services USA LLC Products. If your Payment Method Provider seeks return of payments previously made to UpNorth Services USA LLC but UpNorth Services USA LLC  in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and UpNorth Services  may cancel your Billing Account and your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, UPNORTH SERVICES MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A UPNORTH SERVICES SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.


Termination, Cancellation or Suspension
UpNorth Services USA LLC  may, in its discretion, terminate, cancel, or suspend an accepted order if UpNorth Services USA LLC  is notified that your Payment Method has expired or has been canceled, or if  UpNorth Services USA LLC has reason to believe that any Billing Account information provided to UpNorth Services USA LLC is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or UpNorth Services USA LLC, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before UpNorth Services USA LLC  could reasonably act on your termination notice ). You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.


General
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account. UpNorth Services USA LLC  may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.


CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION

Disclosure to Receive All Information in Electronic Form
ALL INFORMATION THAT UPNORTH SERVICES USA LLC  IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM UPNORTH SERVICES USA LLC, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. UPNORTH SERVICES USA LLC WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR SUBSCRIPTIONS, SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A UPNORTH SERVICES USA LLC WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A UPNORTH SERVICES USA LLC WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.


Requesting Paper Copies
You may request a paper copy of any Required Information previously provided to you in electronic form by UpNorth Services USA LLC  for a period of one hundred and twenty (120) calendar days from the date that UpNorth Services  first provided the Required Information to you; however, UpNorth Services USA LLC  may charge a reasonable fee for providing such paper copies. You may request paper copies by following the instructions at WWW.UPNORTHSERVICES .COM.


Hardware and Software Requirements
In order to receive Required Information electronically from UpNorth Services, you must have an e-mail address and submit it to UpNorth Services upon sign-up for any subscription, service or other item provided under this Agreement. Your computer also must have either Internet Explorer 5.x (or above) or Netscape Navigator 6.x (or above) and an e-mail software program capable of sending and receiving e-mail from UpNorth Services USA LLC  via the Internet. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing, Required Information received in electronic form from UpNorth Services USA LLC via a plain text-formatted e-mail or by access to an UpNorth Services USA LLC web site using one of the browsers specified above.


Changes to Hardware and Software Requirements
In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print Required Information that UpNorth Services USA LLC sends to you in electronic form, UpNorth Services USA LLC will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in the subscriptions, services or other items provided to you under this Agreement. You may, however, always choose to withdraw your consent to receive Required Information in electronic form according to the instructions set forth at http://www.upnorthservices.com/ without the imposition of any fees, but UpNorth Services USA LLC may terminate your Billing Account and any subscriptions, services or other items provided to you if you do so.


Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM UPNORTH SERVICES USA LLC , SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED UPNORTH SERVICES USA LLC A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.


YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY VIEWING THE WEBSITE AT WWW.UPNORTHSERVICES .COM AND FOLLOWING THE INSTRUCTIONS WITHIN. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, UPNORTH SERVICES USA LLC MAY TERMINATE YOUR BILLING ACCOUNT AND ANY SUBSCRIPTIONS, SERVICES OR OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT.


©2017 UpNorth Services USA LLC.  All rights reserved.

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