Copyright Violations

ChatToTextCommunity.com is owned and operated by Comtactics LLC.  This Copyright Violations document covers ChatToTextCommunity.com and all sites under the ChatToTextCommunity.com domain.

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Comtactics customers (including members of our web communities) are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Comtactics customer (per the DMCA) to Comtactics must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Comtactics's sole discretion.

DMCA Copyright Infringement Notification Requirements:

Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").

Identification of the copyrighted work(s) claimed to have been infringed.

Identification of the material claimed to infringe the copyright(s), and enough information for Comtactics to locate it including URLs and specific descriptions of the infringing material at each URL.

The Claimant's name, address, and telephone number(s).

A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Send the notification via mail, email, or fax to:

Comtactics LLC
Legal Department - DMCA Complaints
40 South Main Street
Suite 700
Dayton, Ohio  45402
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

Comtactics is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Comtactics will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that Comtactics must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Comtactics may do so by disabling access to your entire web site.

DMCA Counter Notification Requirements:

Physical or electronic signature of the Customer (ie., allegedly infringing web site's owner) or a person authorized to act on the Customer's behalf.

Identification of the copyrighted work(s) claimed to have been infringed.

Identification of the material claimed to infringe the including URLs and specific descriptions of the infringing material at each URL.

The Customer's name, address, and telephone number(s).

A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled or is a result of a mistake or misidentification.

A statement that the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the Customer's address is located, or if the Customer's address is outside the U.S., for any judicial district in which the service provider may be found, and that the Customer will accept service of process from the complainant (or agent thereof).

Email the counter notification to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Child Pornography
The use of Comtactics' services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Comtactics is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy
Comtactics is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Comtactics urges its customers to assume that all of their on-line communications are insecure. Comtactics cannot take any responsibility for the security of information transmitted over Comtactics' facilities. Additional details on privacy and Comtactics's use of customer information can be found in Comtactics' Privacy Statement located here.

Customer Responsibility
Customers are required to use the Comtactics network responsibly. This includes respecting the other customers of Comtactics. Comtactics reserves the right to suspend and/or cancel service with any customer who uses the Comtactics network in such a way that adversely affects other Comtactics customers. While Comtactics may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Comtactics does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Comtactics becomes aware of any violation of the TOU or other user agreements, Comtactics may take any action to stop or correct such violation, including, but not limited to, denying access to Comtactics's services and equipment or to the Internet. In addition, Comtactics may take action against a customer or a customer of such customer because of the activities of such customer. Comtactics anticipates that customers who offer Internet services will cooperate with Comtactics in any corrective or preventive action that Comtactics deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Comtactics policy and Comtactics reserves the right to take any such action even though such action may affect other customers of the Comtactics customer.

Actions Taken by Comtactics
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Comtactics will be the sole arbiter as to what constitutes a violation of the TOU. Comtactics reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Comtactics becomes aware of an alleged violation of its TOU, Comtactics will initiate an investigation. During the investigation, Comtactics may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Comtactics may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Comtactics will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Comtactics does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Comtactics.

Indemnification
Comtactics customers agree to protect, defend, hold harmless, and indemnify Comtactics, any third party entity related to Comtactics (including, without limitation, third party vendors), and Comtactics' executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Comtactics' services.

Disclaimer
The Comtactics service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Comtactics expressly disclaims any representation or warranty that the Comtactics service will be error-free, secure or uninterrupted. No oral advice or written information given by Comtactics, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Comtactics and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Comtactics may immediately terminate provision of Comtactics' services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Comtactics in such event.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Comtactics (INCLUDING, WITHOUT LIMITATION, Comtactics' EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Comtactics' SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Comtactics SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Comtactics SERVICES EVEN IF Comtactics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Comtactics' TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Comtactics' SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Comtactics OR Comtactics' REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications
Comtactics may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Comtactics' services. Certain changes to Comtactics' services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Comtactics is not liable, for any and all such personalized applications and content, except as expressly agreed to by Comtactics.

Backup of Data
Except where Comtactics has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Comtactics is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Comtactics services.

Third Party Licenses
Comtactics makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Comtactics makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Comtactics specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Comtactics liable in any way for the revocation of any license, which has been licensed to Comtactics. The use of the Technologies obtained from or through Comtactics, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-Comtactics Products
Any mention of non-Comtactics products by Comtactics, its employees, or any third party entity related to Comtactics is for information purposes only and does not constitute an endorsement or recommendation by Comtactics. Comtactics disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Comtactics products or services.

Comtactics' Intellectual Property
Customers will not, without Comtactics' express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Comtactics' Web site, and customers will not use any of Comtactics' trademarks, service marks, copyrighted materials, or other intellectual property without Comtactics's express written consent. Customers will not, in any way, misrepresent their relationship with Comtactics, attempt to pass themselves off as Comtactics, or claim that customers are Comtactics.

Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Comtactics' services, either in whole or in part, without the prior written consent of Comtactics.

Minimum Age Requirement
Comtactics customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Comtactics customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Comtactics services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Comtactics's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Comtactics' services will be deemed null and void to the extent that Comtactics will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Comtactics' services.

Governing Law and Severability
The TOU, and any other agreement for Comtactics services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Comtactics will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Comtactics agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure
Comtactics will not be liable for delays in its performance of the TOU or Comtactics services caused by circumstances beyond Comtactics's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Comtactics will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Comtactics services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Comtactics.

Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Comtactics and its customers. Each of Comtactics and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Comtactics services, constitutes the complete understanding and agreement between Comtactics and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Comtactics, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Comtactics services is between Comtactics and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Comtactics.

Third Party Providers
You agree that certain services may be provided by third party providers of Comtactics and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Proxy Services
For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if Comtactics or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services.  If Comtactics provides the particular Proxy Services, then Comtactics reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.

Revocation
Comtactics reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Comtactics’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Comtactics as determined at its sole reasonable discretion.  You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.