The PupCity.com/TerrificPets.com, LLC Acceptable Use Policy is designed to protect TerrificPets and TerrificPets customers from improper and/or illegal activity over the Internet. TerrificPets account holders and their authorized users are expected to behave in a reasonable fashion and to abide by commonly accepted practices of the Internet community at large. The information provided herein serves as a guideline in regards to appropriate and inappropriate behavior on the TerrificPets network; the information is not comprehensive and should not be considered as such.

General

PupCity.com is a wholly owned division of TerrificPets.com, LLC ("TerrificPets"). This document comprehensively defines the TerrificPets acceptable use policies ("AUP") while utilizing PupCity.com services that provide access to the TerrificPets network (the "Network"). By using the Network, you (the account holder) acknowledge that you and users that have gained access to the Network through your account have read, understood, and agree to abide by this AUP document. You, (the account holder) are responsible for violations of the AUP by any user authorized by you to access the Network. The AUP applies to all aspects of the Network, including but not limited to websites, email, USENET postings, online chat, and paid advertisment slots. You are responsible for maintaining the confidentiality of your password(s) and account information, as well as the physical security of your and your authorized user's access to the Network. In the event that a verifiable violation of the AUP is perpetrated by you or any user of your account, you agree to indemnify, defend, and hold Terrific Pets, its divisions, members, employees, suppliers, and any third party web site developers and/or providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from that violation of the AUP. In the event of verifiable misuse or abuse of the Network, or verifiable infringement by you or any user of your account, of any intellectual property or other right of any person or entity, you agree to indemnify, defend, and hold TerrificPets, its divisions, members, employees, suppliers, and any third party web site developers and/or providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from that Network misuse, abuse, or infringement. You agree to cooperate as fully as reasonably required in TerrificPets's defense of any claim. TerrificPets reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not settle any matter without the written consent of Terrific Pets. You agree to notify TerrificPets immediately of any unauthorized use of your account or any other breach of security known to you.

Rights of PupCity.com and TerrificPets.com, LLC.

If account holders and/or authorized users engage in conduct while using the Network that is in violation of the AUP or is otherwise illegal,improper or deemed inappropriate, TerrificPets reserves the right to suspend and possibly terminate access to the Network without prior notification to the account holder. Generally, TerrificPets will attempt to contact you and notify you of conduct and/or activity that is in violation of the AUP and request that such activity cease. However, in cases where the viability of the TerrificPets Network is threatened or in matters involving UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, TerrificPets reserves the right to suspend and/or terminate your account and access to the Network without prior notification. Additionally, TerrificPets may take other action, including legal action, against an account holder for verified violations of the AUP. This may include an immediate termination of the account. TerrificPets does not make any promise, nor does TerrificPets have any obligation, to monitor or police activity and account holder behavior occurring on or via the Network and will have no liability to any party, including the account holder, for any violation of the AUP.

IP Addresses

TerrificPets maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Unauthorized or Illegal Access

An account holder or their authorized users may not attempt to gain unauthorized or illegal access to, or attempt to interfere with or compromise the normal operations or security of any network, application, or system, including the data and/or information maintained on that entity. An account holder or their authorized users may not use the Network to conduct activities that interfere with the ability of others to access or use the Network or the Internet. An account holder may not use the Network to monitor data streams, information, or communications on any other network or system without authorization. Account holders and their authorized users may not attempt to gain unauthorized access to other account holder passwords and account files.

Systems Security

TerrificPets Network account holders are responsible for configuring their systems with at the very minimum basic security. Should applications or systems at an account holder's site be compromised, the account holder is solely responsible for reporting the violation and repairing the exploited application or system. Account holders are prohibited from intentionally or negligently inserting false or spoofed data into the Internet, for example in the form of bad routing information or invalid DNS information.

UCE/Spamming/Mailbombing

An account holder or their authorized users may not use the Network to transmit large volumes of unsolicited commercial e-mail or deliberately send excessively large file attachments to one recipient. Unsolicited commercial e-mail or a series of unsolicited commercial e-mail or large file attachments sent to one recipient constitutes Unsolicited Commercial E-mail ("UCE") and is expressly prohibited. In addition, "spamming" and "mailbombing" are expressly prohibited. Using the network or service of another provider to send UCE, spam, or mailbombs to promote a website hosted on or connected to the TerrificPets Network is expressly prohibited. Account holders may not use the Network to accumulate responses from unsolicited mass commercial e-mail.

Spoofing/Fraud

An account holder may not attempt to send e-mail or transmit any electronic and/or digital communication while using the name and/or address of someone other than the account holder. Attempts to impersonate other persons, companies, or corporations by altering a source IP address or by using forged and/or spoofed headers or other identifying information is expressly prohibited. Attempts to fraudulently conceal, forge, spoof, or otherwise falsify an account holder's identity in connection with utilization of the Network is expressly prohibited.

USENET Postings

Postings to USENET groups must comply with that group's charter and policies. Account holders are expressly prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group's charter. Continued off-topic postings including commercial messages (unless specifically invited by the newsgroup's charter) is expressly prohibited. Disrupting newsgroups with postings or activities that are (as determined by Terrific Pets) frivolous, unlawful, obscene, threatening, abusive, libelous, excessive, or repetitious is expressly prohibited.

Illegal Activity

PupCity.com account holders and their authorized users agree to use the Network for lawful purposes only. Use of the Network for transmission, retransmission, distribution, retrieval, or persistent storage of any information or other digital material, such as images, scripts, databases, or compiled programs that violates any applicable federal, state, or local law or regulation is expressly prohibited. This includes, but is not limited to, the use, transmission or retransmission of any information or digital material protected by copyright, trademark, trade secret, patent, or other intellectual property right, and any other material or digital information that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. In instances that involve child pornography, TerrificPets complies with all applicable Federal and/or State laws including providing notice to the National Center for Missing and Exploited Children or any other designated agency.

Prohibited Activities

The following activities are expressly prohibited and can result in the immediate termination of access to the Network:
Attempting to intercept, redirect, or interfere with electronic communications intended for others.
Intentionally transmitting or retransmitting files or scripts that contain or activate a computer virus.
The resale of TerrificPets services or products, unless expressly authorized in a separate written agreement with TerrificPets.com, LLC.
Providing false, misleading, or incorrect data to TerrificPets on written or online applications, contracts, or other documents or materials provided to TerrificPets, including fraudulent credit card numbers, fradulent paypal accounts, or fradulent "bill to" addresses or telephone numbers.
Attempts to circumvent, alter and/or modify the processes, procedures, scripts, or programs used by TerrificPets to measure time, bandwidth utilization, or other methods to document account holder use of TerrificPets products and services.
Any other inappropriate, abusive, or illegal activity of the Network (as determined by TerrificPets), whether or not specifically listed here in the AUP, may result in the immediate suspension and/or immediate termination of access to the network, and immediate suspension and/or termination of the account holder's account.

Cooperation with Criminal or Civil Investigations

TerrificPets cooperates fully with appropriate law enforcement agencies and/or other parties involved in investigating claims of illegal or inappropriate activity conducted on the TerrificPets Network. TerrificPets reserves the right to disclose account holder information to the extent authorized by the relevant federal surveillance statutes.

AUP Modifications

TerrificPets reserves the right to modify this AUP at any time without prior notice. When appropriate and/or necessary, TerrificPets will attempt to notify account holders of any such modifications, either with e-mail or by posting a revised copy of this AUP in this location on our website.

Restrictions on Use of Account

It is the account holder's responsibility to keep their password secure. An account holder may not share their password or user account with any other party. An account holder may not resell or lease the Network or any portion thereof. An account holder may not logon to more than one user session at a time.

Mail Server Filters

The use of the TerrificPets Network to transmit email through external third party servers is expressly prohibited. Account holders are responsible for ensuring that all persons accessing or using the Network under their authorization comply with the AUP.

If you become aware of any violation of this AUP by any person, company, or corporation, including authorized users that have accessed the Network via your account, please notify TerrificPets immediately. TerrificPets will notify you, our account holder, of complaints received by us regarding each incident of an alleged violation of this AUP by users of the Network that are authorized by you. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violation of this AUP. TerrificPets may identify to the complainant that you, the account holder, are investigating the complaint and TerrificPets may provide the complainant with the necessary information to contact you directly. Every TerrificPets account holder must identify a representative for the purpose of receiving complaint related notifications. TerrificPets reserves the right to install and use, or to have you install and use, on your account, any appropriate devices to prevent violations of the AUP, including devices that are designed to filter or terminate access to the Network provided by Terrific Pets.

Questions, Comments, or Complaints

If you are uncertain as to whether or not a contemplated activity is permissible under the AUP, please e-mail us for clarification. Complaints regarding prohibited activities or other abuse of the TerrificPets Network, including violations of this AUP, should also be sent to us

LEGAL

Additional Terms and Conditions

Use of the TerrificPets Network by an account holder or authorized user of an account holder is subject to the terms and conditions of any agreements entered into by the account holder with Terrific Pets. This AUP document is hereby incorporated into such agreements by reference.

Limitation of Liability

TerrificPets.com, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business or business opportunites, loss of use, etc., even if advised of the possibility of such damages. TerrificPets.com, LLC shall not be liable for any direct or actual damages, except to the extent specified in a written or electronic agreement entered into between TerrificPets.com, LLC and its account holders. TerrificPets.com, LLC makes no warranties or representations herein, either express or implied, concerning the TerrificPets Network, and expressly disclaims warranties of fitness for a particular use or purpose, the warranty of merchantability and any other warranty implied by law.

Complaints regarding prohibited activity or other abuse of the TerrificPets Network, including violations of this AUP, should be sent via e-mail to us. Please include all applicable information that will assist TerrificPets in investigating the complaint, including all applicable header-lines of forwarded messages. Sites external to the TerrificPets Network experiencing live attacks from TerrificPets account holders should call TerrificPets (telephone 1-800-798-1838 ext 100 between 8am - 5pm EST) to submit a complaint as quickly as possible. If you are a PupCity account holder and are uncertain as to whether any contemplated use or activity is prohibited, please submit questions or comments to us.