Digital Erotica

Plain English:
You, the user, agree that you are responsible for looking at, downloading, and using the services of Digital Erotica. You cannot lend your account to other people; that's grounds for termination. Subscriptions will be automatically renewed, unless you notify us by emailing your username, password, member ID, full name and the email address you used when you joined, at least seven days before your membership expires. Trial subscribers and one week subscribers can cancel one day (24hrs or more) before their subscription expires. Free trial memberships will renew at the monthly rate.

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The Legalese:
Between Paragon Internet Inc. carrying on business as Digital Erotica (Digital Erotica) and the entity or individual making access to the free services or subscribing to the members' area (hereafter the User):

Effect of Contract
The User agrees that by subscribing online, or by proceeding beyond the warning window or the window containing this agreement, that the User is bound by the terms of the agreement. Both the printed version and the electronic version shall be equally binding, but in the event of a dispute over its terms the written agreement maintained at the offices of Digital Erotica shall be authoritative as to the terms and conditions. The terms and conditions of this Agreement, other than regarding payment, shall equally apply to free use or visitors' use.

The User represents and warrants that s/he is above the age of eighteen (18), or of the age of majority in the jurisdiction in which s/he resides. The User further represents and warrants that the use of Digital Erotica's online services, including viewing, saving or downloading files, messages and images relating to human sexuality, does not violate the laws of the User's jurisdiction. The User agrees that Digital Erotica is not responsible for the User's use of Digital Erotica's online services, including viewing, saving or downloading files, messages and images, and to indemnify Digital Erotica for any liability arising from the breach of these warranties and representations.

The User agrees further that this Agreement may be altered, changed and updated by Digital Erotica, and the continued use of Digital Erotica's online services shall be considered to be the User's agreement that such alterations, changes and updates are incorporated into this Agreement and shall govern the User's use of the Digital Erotica online services.

Use
The User is permitted to access one account at one time for each account paid for and subscribed to with Digital Erotica (referred to as "Subscription"), which shall have such rights, privileges and access to services as are determined from time to time to be available for each such account of that class of subscription with Digital Erotica (referred to as "Online Services"), for the term associated with the Subscription. The Subscription shall commence on the date that payment is received by Digital Erotica for the Subscription from the User. Access shall be defined to mean a connection between a User's host computer and modem (or access device) and Digital Erotica online services using public data networks. The Subscription shall commence on the first day on which the User can receive data on the User's computer from Digital Erotica. The User is responsible to notify Digital Erotica of any changes in name and credit card information. The User may terminate the Subscription by giving notice through electronic mail to Digital Erotica at least five days in advance of termination providing the User's full name and electronic mail address used when joining (or as modified subsequently). User's subscription is non-refundable.

Termination
Breach of this agreement by the User are grounds for termination.

Copyright
The User acknowledges that all intellectual property rights in the content of the Digital Erotica web site are owned and copyright (c)Paragon Internet Inc. 1997, excluding any images, text or web sites which are connected to the Digital Erotica web site by web links. The User agrees specifically that the User shall not post, retrieve or use messages or files which violate another individual or entity's copyright, whether or not a user of Digital Erotica's online services, and that the posting of such a message or file will constitute grounds for immediate termination.

Restrictions
The User will not loan, assign, sell, transfer, rent, lease or license the use of the User's Subscription to Digital Erotica and the User will not release or duplicate any software containing the User's ID or password.

The User agrees to indemnify and hold Digital Erotica and its administrators, directors, officers, employees harmless against any claim arising from the User's use of Digital Erotica's online services which causes damage to any third party. In particular, the User acknowledges that the User has full civil and criminal responsibility for viewing, saving or downloading any message or image, and the User's Subscription will not be used to view, save or download material, including messages, files, or images, whether in public or private conference forums, conferences, electronic mail, or newsgroups, in violation of any law in the User's jurisdiction, including but not limited to copyrighted material, obscene material, or otherwise prohibited by law.

Limited Warranty
Digital Erotica makes no warranties of any nature or kind, expressed or implied, regarding the service and access provided by Digital Erotica, ITS ONLINE SERVICES, or the continued operation of Digital Erotica as an online service, the equipment and facilities used and their capacities. Digital Erotica specifically disclaims any warranty with regard to the availability of its service, or any connection to, transmission over, or use of any network connection or facilities provided. In no event will Digital Erotica, its administrators, officers, directors or employees be liable for inability to access Digital Erotica. Digital Erotica has no liability for any damages arising out of use of Digital Erotica, including but not limited to loss of data from delays, non-deliveries, misdeliveries or service interruptions, or destruction of data or damage to equipment, whether such damage is direct, incidental, or consequential, and whether caused by mistake, omission, interruption, deletion of files or messages, errors, defects, delays in operation or transmission, failure of equipment or performance, negligence or otherwise, whether of Digital Erotica or the user.

The User is responsible for assessing its own computer and transmission network needs, and the results obtained therefrom.

All information and files that are available through Digital Erotica are provided as is. Digital Erotica makes no warranty as to the veracity or accuracy of any message, information or other posting through Digital Erotica or from any newsgroup or accessed service provider. Digital Erotica makes no warranty or representation that the files viewed, saved or downloaded through Digital Erotica's online services are not in violation of the laws of the User's jurisdiction, including but not limited to copyright, trademark, or criminal law.

Limitation of Liability
In the event of any liability on the part of Digital Erotica, the User agrees that a genuine pre-estimate of the total liability of Digital Erotica and its administrators, officers, directors, and employees for damages shall be limited to the amount of the subscription paid by the User, less a proportionate amount respecting usage in the time period for which the subscription was paid, in the month in which the damages were incurred.

The User acknowledges that Digital Erotica cannot control the content of files, messages or images posted by other users or provided or transmitted by other services, and agrees that Digital Erotica is not liable for the content of such information. Without limiting the generality of the foregoing, the User acknowledges that the contents of any electronic mail, newsgroup postings, or images and text transmitted through the Internet are solely the responsibility of the entity sending the information or posting the message, and that Digital Erotica has no editorial control or responsibility regarding the contents of any message or file.

The User acknowledges that Digital Erotica will endeavor to ensure that the User's privacy is maintained, and requires from its administrators, officers, directors and agents that all such private communications be kept confidential. The User agrees that Digital Erotica, its officers, directors, employees and administrators are not liable for any loss of privacy or confidentiality of private communications, howsoever caused.

General
This agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada. Venue under any dispute or action will exclusively lie in Ontario Court (General Division), Toronto, Ontario. If any provision of this Agreement is held by a court or arbitral tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. Paragon Internet Inc. is a licensed user of the digitalerotica trademark. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral.

The photos on this website have been legally licensed for WWW distribution. The owner of this website has purchased the rights to publish these photos on the World Wide Web from N&L Photography. The model releases and proof of age are available from:
N&L Photography
PO Box 1681
Williamsville. NY 14231-1681
ANY Unlicensed use of these images will be investigated for violation of copyright.

© Paragon Internet Inc., 1999
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