WEBSITE
USAGE AGREEMENT
ALAPAY.COM
Introduction
Thank you for
visiting the On-Line Information Services, Inc., web site titled "alapay.com"
(the "Site"). In return for gaining access to the Site and using it, you agree
to be bound by the following Agreement without limitation or qualification, so
please carefully review this Agreement before proceeding. If you do not intend
to be legally bound by these terms and conditions, do not access and use the
Site. On-Line Information Services, Inc. reserves
the right to change this Agreement and to make changes to any of the products
or programs described in the Site at any time without notice or liability. Any
such revisions are prospectively binding on you and therefore you should
periodically visit this page when you use the Site to review the then current
Agreement that binds you. On-Line Information Services, Inc. also reserves the
right in its sole and unfettered discretion to deny you access to the Site at
any time. On-Line Information Services, Inc. enters into agreements with third
parties from time to time to provide our customers with the opportunity to
obtain special services, products or prices offered by the third party. You
will not be deemed to be violating this agreement when acting in accordance
with the terms and conditions of any such program. Likewise, the terms and
conditions in this agreement will be considered broadened to the extent needed
to permit such third parties to operate within the terms of a written agreement
they have entered into with us. The titles in this Agreement are provided only
for your convenience and are not to be used in interpreting the Agreement.
Intellectual
property notifications
Unless otherwise
noted, all information, articles, data, images, passwords, Personal
Identification Numbers ("PINs"), screens, text, user names, web pages, or other
materials (collectively "Content") appearing on the Site are the exclusive
property of On-Line Information Services, Inc., or their subsidiaries and
affiliates:
A.
All information, products, services and software contained on or used in the
Site ("Content") is Copyright 2004 by On-Line Information Services, Inc. All
rights reserved. Please assume that everything you see or read on the Site is
copyrighted to, or used with permission by, On-Line Information Services, Inc.,
unless otherwise noted.
B.
The trademarks, logos, service marks, and trade dress (collectively the
"Trademarks") displayed on the Site are registered and unregistered Trademarks
of On-Line Information Services, Inc., or others.
C.
Images of people, objects, or places displayed on the Site are either the
property of, or used with permission by On-Line Information Services, Inc.
D.
On-Line Information Services, Inc. owns or uses by permission all software
contained on the Site, including without limitation all HTML code and Active X
controls. Copyright and other laws and international treaty provisions protect
this software. The law expressly prohibits any modification, redistribution, or
reproduction of the software, and such actions could result in severe civil and
criminal penalties. On-Line Information Services, Inc. will seek and support
prosecuting violators to the maximum extent possible.
E.
You may not copy, display, distribute, download, license, modify, publish,
re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or
otherwise use the content of the Site for public or commercial purposes.
Nothing on the Site shall be construed to confer any grant or license of any
intellectual property rights, whether by estoppel, by implication, or
otherwise.
F.
For additional information regarding On-Line's intellectual property, please
click on the "Copyright" link at the bottom of any page.
Your
representations and warranties
By using the Site,
you represent and warrant that you are 18 years of age or older and possess the
legal right and ability to enter into this Agreement and to use the Site in
accordance with all of the terms and conditions of this Agreement. You accept
financial responsibility for all use of the Site under your name or account,
including without limitation all uses of your account by others, including
minors living with you. You may allow other members of your household to use
the Site under your name or account only if you agree to pay all charges that
they incur and to be responsible for all other aspects of their usage. You
further agree to supervise all minors who use the Site under your name or
account. You agree not to assign, transfer, or sublicense your rights pursuant
to this Agreement.
Your
indemnity obligation
You agree to
indemnify, defend, and hold harmless On-Line Information Services, Inc. and its
affiliates from and against any and all claims, demands, proceedings, suits and
actions, including any related liabilities, obligations, losses, damages,
deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses
(including legal and accountants' fees and disbursements) and costs
(collectively, "Claims"), based on, arising out of or resulting from your use
of the Site, including without limitation any Claims alleging facts that if
true would constitute your breach of this Agreement.
Limitations
on your use
On-Line Information
Services, Inc. provides the Site solely to permit you to determine the status
of fines and other obligations to the State of
Alabama Court
System
offered
on the Site and to make legitimate payments or otherwise transact business with
On-Line Information Services, Inc., and/or the State of
Alabama Court
System
and
for no other purposes. The Site is for your personal, non-commercial use. You
agree that you will use the Site's services only to make legitimate payments
for you or for another person for whom you are authorized to act both legally
and under the terms of this Agreement.
You agree that
without limitation you shall not make any false payments or any payments in
anticipation of protest.. You agree to abide by the terms and conditions of
purchase On-Line Information Services, Inc. imposes including, but not limited
to, payment of all amounts when due and compliance with all rules regarding
credit card or ACH payments. You are completely responsible for all
assessments, charges, duties, fees, and taxes arising out of your use of the
Site.
Your account
information is owned by and proprietary to On-Line Information Services, Inc..
While you may access your account information through the Site, you may not
give access to your account to any person or entity other than a member of your
household or a person that you directly supervise as part of your career or
employment. You may not give access to your account to any third party on-line
service.
You must access
your account information directly through the Site and not through a third
party web site. You also violate this Agreement if you enable anyone to access
account information without visiting the Site directly.
You agree that you
will not Misuse the Site. "Misuse" includes, but is not limited to, using the
Site to do any of the following:
A.
Distribute, disseminate, post, or publish any information or material that
degrades, embarrasses, harasses, humiliates, intimidates, or threatens any
individual or group of individuals on the basis of their age, ancestry, color,
ethnicity, marital status, medical condition, mental or physical disability,
national origin, race, sex, sexual orientation, union or nonunion affiliation,
or any other basis protected by federal, state, or local law or ordinance.
B.
Abuse, defame, harass, stalk, threaten, or otherwise violate others' legal
rights, including but not limited to rights of privacy and publicity.
C.
Download or upload files that may damage the operation of another's computer,
such as computer viruses, corrupt files, or similar software.
D.
Download or upload files that contain materials, including but not limited to
software that violate the intellectual property, privacy, or publicity rights
of others unless you own, control, or have been authorized to exercise such
rights.
E.
Misrepresent or omit the origin or source of any file you download or upload.
F.
Download or upload files that do not contain the posted proprietary language,
author attributions, and/or copyright, patent, or trademark notices.
G.
Distribute, disseminate, post, or publish any indecent, infringing, obscene, or
unlawful information or material.
H.
Engage in any commercial purpose including but not limited to:
1.
Advertising or offering to sell any goods or services.
2.
Conducting contests or surveys.
3.
Distributing chain letters, or advertising with respect to any Ponzi scheme or
pyramid scheme.
4.
Advertising or offering to sell any business opportunities, direct sales
opportunities, employment, independent contractor positions, multi-level
marketing opportunities, or securities.
I.
Post, send, or otherwise disclose confidential information, trade secrets, or
other confidential and/or protected proprietary data of any entity or person,
including but not limited to On-Line Information Services, Inc., or any agent
of the State of
Alabama Court
System
.
Download or upload files that you know, or reasonably should know, cannot be
legally distributed through the Site.
J.
Upload, download, or otherwise export or re-export software from the Site: (1)
to a national or resident of or into any country the U.S. has embargoed,
including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or
Yugoslavia; (2) to anyone on the U.S. Treasury Department's Specially
Designated Nationals list, or (3) to anyone on the U.S. Commerce Department's
Table of Denial Orders.
K.
Copy or create derivative works from, display, distribute, license, perform,
publish, recreate, reproduce, sell, transfer, or transmit any information,
products, services, or software obtained by, from, or through the Site.
L.
Monitor or copy any Content by using any manual process, or any robot, spider,
or other automatic device, without first obtaining On-Line Information
Services, Inc.'s prior written consent.
M.
Act as an agent or attorney in fact for any person who is not:
1.
A member of your immediate household; or
2.
Your direct supervisor at your place of employment.
N.
Take any action that will or could impose an unreasonable or disproportionately
large load on our site infrastructure.
O.
Act as a payment management service or payment tracking service for any
litigant or user.
P.
Access information about any litigant protected by site log-in and post it on
any other web site, with or without that litigant’s or user’s consent.
Q.
Utilize an user’s password or personal identification number during log-in,
unless you are:
1.
The user to whom that password or personal identification number is assigned
(the "Authorized User");
2.
A family member of the Authorized User, acting with the Authorized User’s
permission; or
3.
An employee of the Authorized User’s employer, acting with the Authorized
User's permission.
R.
Engage in any other conduct that is, or that On-Line Information Services, Inc.
deems to be, in conflict with this Agreement. On-Line Information Services,
Inc. forbids such Misuses, and access of the Site for any such Misuses or other
similar purposes is an unauthorized use of the Site.
No
warranty by On-Line information Services, Inc.
The Content may
contain inaccuracies and/or typographical errors. On-Line Information Services,
Inc. may alter, change or improve the Content at any time and without notice.
On-Line Information Services, Inc. makes no representations or warranties as to
the Content's completeness or accuracy, and makes no commitment to update the
Content. On-Line Information Services, Inc. makes no representations about the
Content's suitability for any purpose.
YOU USE THE SITE AT
YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL ON-LINE
INFORMATION SERVICES, INC., OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES
(WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR
OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR
INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR
OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF
LIABILITY, AND ALSO REGARDLESS OF WHETHER ON-LINE INFORMATION SERVICES, INC.,
WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
On-Line Information
Services, Inc. neither warrants nor represents that your use of information and
material on the Site will not infringe upon the intellectual property rights of
third parties. On-Line Information Services, Inc. shall not be liable for any
virus or other damage to your computer equipment or other property due to your
accessing, browsing, or using the Site or due to your downloading any audio,
data, images, materials, pictures, text or video from the Site.
Use
of information you provide On-Line Information Services, Inc.
Consistent with the
On-Line Information Services, Inc. privacy policy, we ask you to provide us
with certain information when you make payments to the State of
Alabama Court
System
using
credit cards or ACH. You agree that when you provide such information, the
information will be accurate. Under no circumstances will you provide false or
misleading information. To review our privacy policy, please click on the
"Privacy Policy" link at the bottom of any page.
For use of certain
services, we may provide you with a pass code. This pass code is proprietary to
and the property of On-Line Information Services, Inc.. However, you must take
precautions to insure the security of your pass code. On-Line Information
Services, Inc. assumes no responsibility for and will not be liable in the
event that another person learns your pass code or uses your pass code to cause
damage to you.
While On-Line
Information Services, Inc. takes reasonable steps to safeguard and to prevent
unauthorized access to your private information, we cannot be responsible for
the acts of those who gain unauthorized access, and we make no warranty,
express, implied, or otherwise, that we will prevent unauthorized access to
your private information. IN NO EVENT SHALL ON-LINE INFORMATION SERVICES, INC.,
OR ITS AFFILIATES, OR THE STATE OF ALABAMA COURT SYSTEM BE LIABLE FOR ANY
DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL
OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S
UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE
BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND
ALSO REGARDLESS OF WHETHER ON-LINE INFORMATION SERVICES, INC.,
WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE
POSSIBLE.
No
offer to sell or buy securities
The information on
the Site does not constitute an offer to sell, or the solicitation of an offer
to buy any securities and must not be relied upon in connection with any
investment decision.
Links
to other sites and to the Site
The Site may
provide hyperlinks or references to other sites. While On-Line Information
Services, Inc. endeavors to provide links only to sites that are reputable and
safe, we take no responsibility for the information, products, or services
obtained on such other sites and will not be liable for any damages arising
from your access to such sites. On-Line Information Services, Inc. provides any
such links to other sites merely for your convenience and our inclusion of such
links and frames in the Site does not imply an endorsement of the linked or
framed sites, their content, or the persons or entities operating those sites.
Therefore, you assume sole responsibility for using links or pointers to third
parties.
On-Line Information
Services, Inc. specifically denies you permission to hyperlink or provide
references to the Site, unless you are allowed to do so under a separate
written agreement with On-Line Information Services, Inc. You are also denied
permission to use any trademarked or copyrighted material to provide such
hyperlinks or references, unless you are allowed to do so under a separate
written agreement with On-Line Information Services, Inc.
On-Line Information Services, Inc. bears no responsibility for
sites that provide hyperlinks or references to the Site unless those sites are
operated by On-Line Information Services, Inc.
Your
communication with us
On-Line Information
Services, Inc. will not treat as confidential any communications you send to us
by electronic mail or otherwise. On-Line Information Services, Inc. has no
obligation to refrain from publishing, reproducing, or otherwise using your
communications in any way and for any purpose.
On-Line Information
Services, Inc. does not accept or consider unsolicited proposals related to its
business, including but not limited to proposals for advertising campaigns,
logos, names, processes, products, pro
motions,
services, slogans, and technologies. On-Line Information Services, Inc.
therefore requests that you not send such proposals. Please also refrain from
sending original creative artwork, blueprints, demonstratives, designs,
layouts, photographs, or samples. On-Line Information Services, Inc. has
adopted this policy to prevent claims that we have copied such unsolicited
ideas without authorization, when, in fact, we developed the idea independent
of or even long before receiving the unsolicited proposal. If you do send us
unsolicited proposals, then do so with the understanding that On-Line
Information Services, Inc. may use any concepts, ideas, inventions, know-how,
or techniques that you disclose in those communications for any purpose,
including the developing, manufacturing, and/or marketing of goods, products,
or services. On-Line Information Services, Inc. may do so free of any
obligation to compensate you for that use.
Comparison
monitoring of on-line chats or telephone conversations with On-Line Information
Services, Inc.
The Site may
provide you the ability to have an on-line chat session with On-Line
Information Services, Inc. or with information as to how you can contact
On-Line Information Services, Inc. by telephone. You may use these functions
only for business purposes related to the Site. For quality assurance purposes,
On-Line Information Services, Inc. may monitor, record, and/or transcribe the
contents of these communications. By contacting On-Line Information Services,
Inc., you agree that the communication may be monitored, recorded, and/or
transcribed and you consent to the monitoring, recording, and/or transcribing.
Such records may be kept indefinitely or disposed of at our discretion.
Your
use of Forums
You agree to use
any bulletin boards, chat rooms, conferences, or other communication or message
facilities ("Forums") contained on the Site only to send and receive material
and messages that are proper and related to the particular Forum. You further
agree that you will use the Forums in conformity with all applicable laws and
this Agreement. You agree that you will not Misuse a Forum.
On-Line Information
Services, Inc. reserves the right to remove at will and without notice any
Content on the Site, including anything you post in a Forum. You understand
that any use by you of a Forum constitutes a public communication. You
understand that On-Line Information Services, Inc. owns any and all information
or material that you post on a Forum. You agree that you waive all of the
rights you have to any information or material that you post on a Forum.
On-Line Information Services, Inc. has the right to do whatever it wishes with
that information or material, including but not limited to deleting or editing
for any reason any posting by you. You further acknowledge that On-Line
Information Services, Inc. does not endorse or sponsor any information or
material posted by Forum users, and that On-Line Information Services, Inc. has
no responsibility to approve, review, or screen such information or material.
Forum
for actions, governing law, and procedural restrictions
You agree that this
Agreement is made and entered into in
Mobile County
,
Alabama
. You
agree that
Alabama
law
governs this Agreement's interpretation and/or any dispute arising from your
access to, dealings with, or use of the Site, without regard to conflicts of
law principles. Any lawsuit brought by you related to your access to, dealings
with, or use of the Site must be brought in the state or federal courts of
Mobile County
,
Alabama
. You
agree and understand that you will not bring against On-Line Information
Services, Inc., or any of its affiliated entities, agents, directors,
employees, and/or officers any class action lawsuit related to your access to,
dealings with, or use of the Site.
Other
terms
This Agreement
constitutes the entire agreement governing your access to, dealings with, and
use of the Site. Of course, separate agreements may attach to any goods,
products, or services you obtain, purchase, or use from the Site.
Any failure of On-Line Information Services, Inc. to assert any rights it may
have under this Agreement does not constitute a waiver of our right to assert
the same or any other right at any other time or against any other person or
entity. If any provision of this Agreement is found to be invalid or
unenforceable, then the invalid or unenforceable provision will be stricken
from this Agreement without affecting the validity or enforceability of any
other provision.