Terms and Conditions

Last updated: February 12, 2009

Gas4America reserves the right to modify this Policy at any time, effective upon posting of the modified Policy to this URL. Any modifications to this Policy will be made when Gas4America determines if it is appropriate and it is the responsibility of all users of Gas4America network to ensure their awareness of any such changes.

Paid Services

All services are offered to members for as long their subscription is a valid one. Upon the cancellation of subscription all users' data will be deleted.

Resale Rights License

Whereas an indication of "Resale Rights License" exists, the following rules apply unless a certain exception has been mentioned on a separate website:

Master Resale Rights License

Whereas an indication of "Master Resale Rights License" exists the following rules apply unless a certain exception has been mentioned on a separate website:

Private Label Rights

Whereas an indication of "Private Label Rights" exists, the following  rules apply unless a certain exception has been mentioned on a separate website:

Services May Only be Used for Lawful Purposes

All services offered may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or intellectual property right used without proper authorization, and material that is obscene, defamatory, an illegal threat, discriminatory, racist, or violates export control laws.

The user (YOU) acknowledges that Gas4America is unable to exercise control over the content of the information passing over Gas4America network. Therefore Gas4America is not responsible for the content of any of your content/message/s. The user  (YOU) undertakes to conform to the Internet protocols and standards. The user may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks"). Without prejudice to the foregoing Gas4America considers that any application that overloads Gas4America network by whatever means will be considered as making profligate use of Gas4America network and is as such not allowed. Use of IP multicast other than by means provided and coordinated by Gas4America is likewise prohibited.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Gas4America will investigate incidents involving such violations and will involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks; Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. If approached with complaints relating to any of the above violations, Gas4America will cooperate and assist law enforcement and other authorities with their investigations in order to bring such misuse and violations to an end.

In specific:

{*} Transmission, distribution, or storage of any message, information, data or material in violation of international regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.
{*} Gas4America reserves the right to remove such illegal content from servers immediately. Gas4America expressly forbids anyone from using Gas4America services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, satanic material, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of Gas4America.

Unlawful and/or Unethical Use

Gas4America does NOT allow sites that provide points of distribution, or links to the following types of sites:

{*} Adult Sites.- Any erotic or pornographic material, links to adults sites, or advertisements for adult sites or adult (nudity) related content.
{*} Pirated Software (Warez).- Any software that is copyrighted and not freely available for distribution without cost. Including: ROMs, ROM Emulators, Mpeg Layer 3 files (MP3) and DVD Videos.
{*} Hacking / Phreaking.- Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes the destruction or compromises the integrity of Web Hosting Network.
{*} SpamWare.- Any links to a spam resource site, spam material, or advertisements for spam utilities such as mailers, email collectors or actual email addresses or 'leads' (for lease, rent or purchase).

Back up

You must make sure to back up your data, including your lists, messages and leads on a regular basis. We are not responsible for the loss of your data no matter what ever reason occurs. Also read the Disclaimer below.

Anti-Spam E-Mail Policy

The following terms govern and apply to all the domain names, their sub-domains and sub-directories that relate to and constitute the property of Gas4America. This sets forth our policy with regard to the use of "Spam" marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your membership rights and close any active account.

We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.

We reserve the right to terminate your account and participation in our programs "for cause" if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.

In specific:

{*} Gas4America strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted.
{*} Gas4America does not allow unsolicited mail (UCE). This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail. The reason for this is that not only is it generally frowned upon by the internet community, but it also demands extra bandwidth to handle the effects of such mail.  Users' accounts found to be sending UCE will be terminated without notice.
{*} Gas4America prohibits the emailing to email addresses that you have purchased from any type of "optin lead providing service".

It is explicitly prohibited to send unsolicited mail messages ("Junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements etc.). Users may not forward or propagate chain letters nor malicious e-mail. A user may not solicit mail for any other address other than that of the user, except with full consent of the owner of the referred address.

Complaints regarding Illegal Use or System or network Security issues, Email abuse, or Spamming should be reported through the HelpDesk at www.TurboHelpDesk.com

Gas4America  reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Gas4America will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without Gas4America's written consent in advance.

To the extent you have in any manner violated or threatened to violate Gas4America and/or his affiliates' intellectual property rights, Gas4America  and/or affiliates may seek injunctive or other appropriate relief through any appropriate judicial way.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from us through your purchases and from our sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Gas4America's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Gas4America's sites and all copies thereof, whether made under the terms of this agreement or otherwise.

Earnings Disclaimer

The following terms govern and apply to all the domain names, their sub-domains and sub-directories that relate to and constitute the property of Gas4America.

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE Gas4America'S PRODUCTS AND THEIR POTENTIAL.  THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THE MATERIALS USED AND PRESENTED BY THE WEBSITES OF THE INTERNET COMPANY.  EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS.  EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES.  WE DO NOT PURPORT THIS AS A GET RICH SCHEME. 

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST.  YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS.  SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL.  NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. 

MATERIALS IN OUR PRODUCTS AND OUR WEBSITES MAY CONTAIN INFORMATION THAT  INCLUDES FORWARD-LOOKING STATEMENTS THAT GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS.  YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS.  THEY USE WORDS SUCH AS ANTICIPATE, ESTIMATE, EXPECT, PROJECT, INTEND, PLAN, BELIEVE, AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. 

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL.  MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

Facts and information at this website are believed to be accurate at the time they were placed on the website/s. Changes may be made at any time without prior notice. All data provided on our websites is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Gas4America and such information should not be relied upon as all-inclusive or accurate.

Disclaimer

The materials in our site are provided "as is" and without warranties of any kind either express or implied. Gas4America disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Gas4America does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our pages  on any server are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials in our sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Gas4America WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE/S.

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF Gas4America CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THIS POLICY BY SUCH CUSTOMER OR END USER.

If you do not agree with any of the terms mentioned above please do not use our services.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. 

To the extent you have in any manner violated or threatened to violate Gas4America and/or its affiliates' intellectual property rights, Gas4America and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Delaware. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Delaware, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Gas4America may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

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