This agreement (hereinafter "Agreement", "Terms of Service", "TOS" or "Terms") has been put together to provide you with a complete and comprehensive set of policies that bind us as the fastpitch services provider, and you, our Member.
PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY ON THE ACCOUNT SIGNUP FORM, SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY, AND OUR PRIVACY STATEMENT.
If you have questions about this Agreement, our Acceptable Use Policy (AUP) or our Privacy Statement, please contact us.
- This service Agreement is between Fastpitch Headquarters Inc (hereinafter "we," "our," or "us") and you, our Member (hereinafter "Member," "you" or "your").
- You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.
- This Agreement represents the entire agreement between you and Fastpitch Headquarters Inc, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by Fastpitch Headquarters or written agreement by an authorized officer of Fastpitch Headquarters (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
- Any of the terms, prices or services offered can be amended, modified or updated by Fastpitch Headquarters at any time.
- Member is responsible for updating their account and/or providing and setting up any profile content. Fastpitch Headquarters is not responsible for modifying, correcting or updating Web site material.
- Member is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Member.
- Member is responsible for maintaining the confidentiality of login and billing information. Fastpitch Headquarters is not liable for any account disputes that may arise between various parties holding account login information. Fastpitch Headquarters is not responsible for any changes made to the account or any information that has been modified by Member, or any parties authorized by Member, to access the Control Panel.
- Member is responsible for updating and maintaining contact and billing information with Fastpitch Headquarters. Any changes to the Member contact information must be made using the account Control Panel or by contacting our Support Team. Member is responsible for ensuring that Fastpitch Headquarters is able to notify the Member for technical, billing or other issues or purposes deemed necessary by Fastpitch Headquarters to maintain the account.
- Fastpitch Headquarters reserves the right to refuse service to anyone in violation of our Terms of Service or the Acceptable Use Policy (AUP) set forth below or anyone using our networks or servers for unlawful purposes.
- Member agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
- Member accepts liability resulting from any breach of our AUP.
- Member is responsible for making end-users aware of all the policies of Fastpitch Headquarters and is responsible for any breach of those policies by their end-users, as laid out in our AUP.
(excluding Trademarks and Copyright complaints)
- Fastpitch Headquarters does actively review the member's account content. In some situations, as outlined herein or in our AUP, we will review and remove files, player profile content or other service content to validate compliance with our AUP.
- We take no responsibility for the content or information contained on our Members' profiles or account. The opinions and views expressed in the content posted on Fastpitch Headquarters website does not necessarily reflect our views. The contents of the profiles and other files hosted by Fastpitch Headquarters are not monitored or reviewed in any way before they appear on the Internet.
- Fee Based services will not be activated or reactivated without prior payment.
- All fees and renewal fees are due on or before the due date of the renewing account.
- Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
- Any losses or expenses experienced by the Member, due to actions taken by Fastpitch Headquarters in response to Member non-payment, are not the responsibility of Fastpitch Headquarters.
- Fastpitch Headquarters's preferred method of payment is PayPal.
- By purchasing a fee based service, you are agreeing to allow Fastpitch Headquarters to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
- You grant Fastpitch Headquarters permission to charge your credit card for any and all services you request, including, but not limited to, premium player profiles.
- If we are unable to process a payment for your plan by its due date, your account will be cancelled for non-payment and your information will be removed from the online database.
- When an account is cancelled, all copies of the fee based information are permanently and irretrievably removed from our database.
- If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
- If we make any refunds due to charges you dispute with your credit card company, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Fastpitch Headquarters as a result of your dispute or charge-back request. We cannot guarantee any files will be available upon reactivation.
- It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
- You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
- Fees for products and services are non-refundable, unless there is an express money-back guarantee.
- If you do not wish to continue your account with Fastpitch Headquarters, or do not wish to renew your premium services, it is your responsibility to contact our Support Team to cancel your account. You will need to indicate when you would like to cancel the account.
- If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Member will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days.
- The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.
- If your account is cancelled for any reason, we may, in our sole discretion, refund none, some or all of the payment remitted prior to cancellation. In most cases, we will process refunds using the same form of payment that was originally used to pay for the service being refunded. If we are not able to do so, we will issue the refund in the form of a check.
- You have ninety (90) days to dispute any charge or payment processed by Fastpitch Headquarters. If you have a question concerning a charge you believe is incorrect, please contact us at firstname.lastname@example.org.
- Upon purchasing Services, Fastpitch Headquarters will assign you a subdomain composed of your teamname or tournamentname and our domain name (e.g., teamname.fphqstore.com). Upon cancellation of your account, Fastpitch Headquarters will retain all ownership rights to the username and subdomain.
- Member is responsible for providing the equipment and services necessary to access Fastpitch Headquarters web site. Fastpitch Headquarters makes no assurances that the Member's equipment is compatible with its site.
- Fastpitch Headquarters is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by Fastpitch Headquarters or not residing on Fastpitch Headquarter's web site.
- We will use all efforts to ensure that Members' information is available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by Fastpitch Headquarters.
- However, due to the nature and complexity of online services, we cannot guarantee the availability of (i) our Web site, (ii) any Member profiles, information or material hosted by us, or (iii) the products and/or services available on or through any of the above.
- Pursuant to Fastpitch Headquarters' Privacy Statement, Fastpitch Headquarters may disclose to third parties certain aggregate information contained in your signup or related data. However, Fastpitch Headquarters will NOT disclose personally identifying information to third parties unless such disclosure is:
- directed by the member through their completion of player profiles, either team or personal, which is made available to certified college coaches, per the nature of the information;
- required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
- intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
- to enforce these Terms of Service or otherwise establish or exercise Fastpitch Headquarters' legal rights or defense against legal claims; or
- Fastpitch Headquarters does not maintain backup copies of Member information.
- Fastpitch Headquarters cannot guarantee that the contents of a member's account will never be deleted or corrupted, or that a backup of a data will always be available.
- We ALWAYS recommend that Members copy all content of their profiles to a local computer and strongly suggest that Members make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
- We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Members, including but not limited to actions requiring us to deactivate accounts, shut down our site, or review the content on profiles to evaluate the reason for perceived behaviors.
- In rare instances, we may need to completely delete an account or account data because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted Web site, but we cannot ever guarantee a full restoration of the data.
- By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
- From time to time, we offer our Members the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
- Both you and Fastpitch Headquarters hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
- The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
- You and Fastpitch Headquarters each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings.
- Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver.
- The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
- Fastpitch Headquarters operates a shared environment, which affords cost-effective services for our Members and introduces some risk that a Member could impact others.
- We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.
- We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where Fastpitch Headquarters must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
- FASTPITCH HEADQUARTERS AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH FASTPITCH HEADQUARTERS IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY FASTPITCH HEADQUARTERS.
- YOU AGREE THAT ALL ACCESS AND USE OF FASTPITCH HEADQUARTERS AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL FASTPITCH HEADQUARTERS BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY Member CONTENT ON PROFILES OR DATABASES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FASTPITCH HEADQUARTERS SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
- These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice.
- By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of The State of Florida having jurisdiction over you. The Terms and the relationship between you and Fastpitch Headquarters shall be governed by and interpreted in accordance with the laws of The State of Florida, United States of America, without reference to its principles of conflicts of law.
- If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
We've developed this Acceptable Use Policy (AUP) to help our Members understand their responsibilities when using our services. It explains our polices regarding activities that may be harmful to our Members or compromise the efficiency of our shared environment.
We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.
To meet the changing needs of our Members, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site periodically.
If you feel you have discovered a violation of any area of our AUP, please report it to:
11801 NW 7th Street
Plantation, FL 33325
- Lawful Use. Our services may only be used to engage in lawful activities. Examples of unlawful activities that are prohibited by this AUP include, but are not limited to:
All material on our web site must comply with United States laws. In addition, all material placed on our site by our Members must be legal in the Member's own jurisdiction.
- Child Pornography. We do not knowingly host and we prohibit use of our services for the distribution or dissemination of child pornography. We consider "child pornography" to be a visual depiction of a minor (child younger than 18) - or any person explicitly or by implication described to be a minor who is engaged in sexually explicit conduct. Prohibited activities include possession, manufacturing and distribution of child pornography, online enticement of children for sexual acts, child prostitution, and child sex tourism.
When we become aware of the presence of child pornography that is on or being transmitted through our network, the associated Web site will be suspended and reported to law enforcement agencies as required by law.
- Online Gambling. You may not use our services to engage in the online making, receiving, recording or forwarding of bets or offers to bet. You may not link to sites that engage in such activities.
- U.S. Export and Import Laws. Members may not use our services to engage in a violation of U.S. export and import control laws. Violation of these laws may include selling products that are legal to sell in the U.S., but illegal to export; or legal to sell in one country, and illegal to sell in the U.S. Members may not use our services to aid individuals with whom U.S. citizens may not do business.
- Electronic Crimes and Security. We take the security of our network, facilities and our Members seriously. Members are prohibited from engaging in the activities set out below and any other activities that create a security risk for us and our Members.
- Illegal or Unauthorized Access to Other Computers or Computer Networks. Fastpitch Headquaraters prohibits attempts to access, monitor or disrupt another's account, computer, computer network, or security measures. In addition, any activity that may be seen as precursor to an attempted system penetration (for example: port scan, stealth scan, or other information gathering or monitoring activity) is forbidden.
Members are also prohibited from attempting to circumvent security in order to obtain access to services on Fastpitch Headquarters site that are not provided in your account. Members cannot scan our network or other networks with the intent to breach and/or evaluate security vulnerabilities. It will be considered a violation of this AUP for you to attempt to breach or to breach the security or firewall systems of, its Internet access provider, or any affiliates. If you become aware of such an attempt to breach or actual breach, please notify using the contact information listed above.
We reserve the right to engage in the activities set out in this paragraph in order to improve the security of our services and investigate security breaches.
- Engaging in Destructive Activities. Members may not engage in the act of sending or distributing malicious code or information regarding the creation of Internet viruses, worms, Trojan Horses, mail bombing or denial of service attacks. "Destructive Activities" includes, but is not limited to, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other activity that may be deemed harmful and that may result in a denial of service against any computer or computer network. Intruding into a Fastpitch Headquarters' site to alter, access, steal, disable or destroy data, including personal, financial, proprietary, or to use the services of the host computers is also prohibited.
This prohibition extends to activities that disrupt the use of, or interfere with the ability of, others to use a computer network and any connected network, system, service, or equipment. These types of activities are not only harmful to the shared hosting environment but also slow and cause damage to the entire Internet.
- Other Illegal Activities. Members are not allowed to engage in activities that are deemed illegal by Fastpitch Headquarters. These activities include advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes; fraudulently charging or collecting credit card information; or pirating software.
- Pornography. No Member shall use Fastpitch Headquarters' services to engage in pornography. This includes uploading or publishing material that would commonly be considered "indecent," "appealing to the prurient interest" or referred to as "adult" material. In addition, linking to these sites is not allowed.
- Intellectual Property. Members may not engage in activities that infringe or misappropriate the intellectual property rights of others. This includes, but is not limited to, infringing copyrights, trademarks, service marks, trade secrets, software or patents held by other individuals, corporations or entities. Fastpitch Headquarters will cancel the account of any Member who knowingly infringes intellectual property laws.
Common instances leading to intellectual property violations involve the unauthorized use of pictures, framing another's Web site within your own without permission and using another's trademarks without their permission to promote competing goods or services.
The Digital Millennium Copyright Act (DMCA). If you believe your copyright interests have been infringed, Members are encouraged to become familiar with the provisions of the DMCA by going to this link: http://www.copyright.gov/legislation/hr2281.pdf.
Any questions about what constitutes fair use versus infringement should be directed to our Legal Department.
- Copyright infringement. To report an infringement, copyright holders must send "proper notice" to our Legal Department. It is the copyright holder's obligation to draft its notice in a way that makes the claim easy to and identifies the source of the complaint.
"Proper notice" contains the following:
Pursuant to the DMCA, we have designated our Legal Department as our agent for receipt of DMCA notices. All DMCA notices must be sent to the Legal Department. We have no obligation to review DMCA notices not directed to our Legal Department, to respond to DMCA complaints that do not comply with the DMCA, or which are characterized as DMCA complaints, but make other allegations.
In the event that removes or disables access to material claimed to be a copyright infringement, Fastpitch Headquarters may (but is not required to) attempt to contact the Member who has posted such material in order to give that Member an opportunity to respond to the notification. Any and all counter notifications submitted by the Member will be furnished to the complaining party. Fastpitch Headquarters will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Fastpitch Headquarters replaces or restores access to any material as a result of any counter notification.
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Actual identification of the material you claim violates your copyright, or if there is more than one violation, a representative list.
- Sufficient information to enable us to locate the material you claim infringes your copyright. Please include the URL, rather than a description of the content.
- Information that enables us to contact you. Anonymous complaints will not be honored.
- The following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
- The following statement: "Under the penalty of perjury I state that the information contained in my complaint is accurate and I am authorized to act on behalf of the owner of the copyright I claim is infringed."
- Trademark Infringement. We consider a Trademark Infringement to be any use of a trademark, service mark, trade dress or other identifying mark, word, phrase, color, picture or layout that could lead to confusion between a Member's use and the use by the holder of a valid trade or service mark.
We evaluate allegations of trademark infringement upon receipt of "proper notice." Proper notice consists of:
- Identification of any URL that allegedly infringing protected material;
- A verifiable statement of ownership;
- A statement that you believe the disputed use is not authorized by the trademark owner or by law;
- Information that enables us to contact you; and
- A physical or electronic signature of the trademark owner, or person authorized to act on behalf of the owner.
It is our policy to terminate the services of Members for whom we have received multiple proper notices alleging infringement of the same or similar copyrights.
- Fastpitch Headquarters Copyrighted Material. It is also our policy to protect our own intellectual property rights. The use of content or marks found on our Web site, or use of the name "Fastpitch Headquarters," without the prior written consent of Fastpitch Headquarters, is prohibited. Any infringement of Fastpitch Headquarters' intellectual property rights will result in immediate termination by of the infringing's contract.
We do, however, want to provide our Members with the information and access they need to create a successful online presence and will permit fair use of our trademarks when it is possible and appropriate.
- Disruptive Activity and Communications. Members must not engage in any activity that disrupts the quiet enjoyment or use of the Internet or Fastpitch Headquarters services by others. Disruptive activities include, but are not limited to:
- Spamming - Because SPAM can impair our ability to deliver quality services, Members are prohibited from sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act ("SPAM") of 2003. It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary.
To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm.
It is our policy to cancel accounts that experience a pattern or history of sending e-mail that is the subject of legitimate SPAM complaints from third-parties. We investigate all complaints and take the appropriate action given the circumstances and history of non-compliance.
It is a violation of this AUP to commission a third party to send e-mail that is in violation of it, even if that third-party does not use Fastpitch Headquarters' services or site.
E-mail not in compliance with this AUP - regardless of source - which contains any reference to our site or contains any reference, link, to a service of Fastpitch Headquarters is prohibited.
Fastpitch Headquarters reserves the right to cancel or suspend your account, at our sole discretion and without notice, for situations involving SPAM violations.
- Offensive Communication - harassment, defamation, libel and hate speech - Members are prohibited from using our services to engage in activities that may be considered harassing, defamatory, libelous or malicious. Whether a particular activity is within scope of this prohibition is solely within our discretion.
We generally consider harassing activity - or harassment - to be the act, or intention, of intimidating, threatening or otherwise tormenting others using our services. Harassment can result from the language used, or the frequency or size of a message. Hate speech or literature includes, but is not limited to, anything that prejudices, creates a hostile bias or grossly defames a group.
- Use of Our Services.
- Unauthorized Reselling or Providing Access to Account Services. Members cannot resell or provide access to services, tools or access codes/passwords that are not being used to maintain a Members account. Nor can Members sell or give any services offered on Fastpitch Headquarters' site.
- Exploits. Members may not use content on their account, which intentionally or unintentionally allows third-parties to utilize our services in a manner that violates this AUP.
Common exploitations include security breaches that third-party use to access our Web site files or directories, spam that third-party use to send e-mail that is not in compliance with the CAN-SPAM act.
Members must immediately modify or deactivate offending data. We reserve the right to temporarily suspend your account, modify or deactivate offending data, or take other action we deem necessary to address or prevent violations of this AUP.
- Other Activities or Information. Members are prohibited from taking part in any activity or information, lawful or unlawful, that could be considered harmful, offensive or controversial for Fastpitch Headquarters, its Members or third-parties. When evaluating an AUP violation, we consider whether we could reasonably foresee our Members, operations, reputation, goodwill or general Member relations being negatively impacted by the activity or information.
- Requests for information about you and your use of our services. We have an obligation and a duty to respond to subpoenas and other legitimate requests for information about your account and your use of our services. You should not assume that any information will remain confidential.
- In General. When we become aware of a violation of our AUP, it is at our sole discretion to respond in the manner we believe to be appropriate for stopping the offending activity, including but not limited to, removing or blocking access to material, blocking offending transmissions, deleting an account and all associated information and files.
No credits or refunds will be issued for any account that is cancelled due to a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred.
- Presenting Complaints and Notice. We reserve the right to use our best judgment to determine who bears the burden of proof for alleged AUP violations. We also reserve the right to take any and all action that we deem appropriate And bear no responsibility for verifying/investigating complaints and responses.
More information coming soon.