Terms & Conditions of Subscription

Effective Date: October 1, 2002 Last Modification: October 30, 2002 By applying for an EGS PAY™ Membership ID, you agree to the following Terms and Conditions. These Terms and Conditions will continue in effect throughout your membership and after any termination, cancellation or expiration. Read them carefully. Applicant represents and warrants that the Applicant is eighteen years of age or older. Applicant acknowledges and is aware that the use of the EGS PAY™ Membership ID will permit the Applicant to access websites which, in the opinion of the website owner, may contain materials that are not suitable for minors, including but not limited to sexually explicit adult oriented materials, depictions and descriptions of graphic violence, death, mutilation, nudity, simulated or actual sexual acts, auto eroticism, homosexuality and hate speech (Collectively referred to as "Materials"). Applicant represents and warrants that, in the event Applicant accesses any Materials, that it is lawful to receive and view said Materials in the jurisdiction in which Applicant resides, receives or views said Materials. Applicant represents and warrants that, in the event Applicant accesses any Materials, that Applicant will not use the Materials in any unlawful manner, will not display or transmit the Materials to, or allow access of the Materials by, minors, except where such display, transmission or access is permitted by law by a parent or guardian. Except in response to legal process, EGS PAY™ will not disclose, disseminate, sell, lease or transfer any private information provided to it by Applicant (or Member) to any third parties. Otherwise, all data, information, compilations, statistical analyses, profiles, membership history and transaction records are the sole and absolute property of EGS PAY™. Applicant represents and warrants that, in the event Applicant accesses any Materials, that Applicant will not use the Materials in any manner inconsistent with the intellectual property rights of the owner of the Materials. Applicant acknowledges, represents and warrants that, acceptance of the benefits, rights and privileges afforded to Applicant by the EGS PAY™ Membership ID are fair and adequate consideration to contractually bind the Applicant to the Terms and Conditions herein set forth and as may, from time to time, be amended. Applicant acknowledges that EGS PAY™ relies on the representations and warranties made by the Applicant in the Application and these Terms and Conditions. Applicant represents and warrants that all information provided in the Application is true and correct. Applicant is applying for membership to EGS PAY™ for the purpose of accessing websites which may contain materials that are not suitable for minors and which may contain, among other things, sexually explicit, adult oriented materials. Applicant acknowledges and agrees that EGS PAY™ does not make any warranties, representations or other assurances whatsoever, express or implied, including any warranty of merchantability or fitness for a particular purpose. Upon approval of any Application, the Applicant becomes a EGS PAY™ member ("Member") and shall obtain an EGS PAY™ Membership ID which will, for the period of time for which the Applicant has enrolled and for which Applicant has paid, enable the Member to access to certain websites. An Applicants representations, warranties, acknowledgements and agreements, as herein stated, shall continue in force throughout membership and as such the term Applicant and Member shall apply interchangeably. Member will not publish, disclose, disseminate or otherwise permit any other person to use his/her EGS PAY™ Membership ID. EGS PAY™ does not guarantee or warrant the compatibility of the Member's equipment, computer or software, including but not limited to, the type of computer, computer configuration, browser software, other software, dial up account, TCP/IP, Winsock or online service. EGS PAY™ is not responsible for any interruption in service or inability of Member to access participating websites due to technical difficulties or failure of the internet, world wide web, phone lines, switching or any other causes beyond its control. All membership fees are non-refundable in the event that any valid membership is cancelled by EGS PAY™ for violation of these Terms and Conditions or by Member. If it is determined by EGS PAY™ , in its reasonable discretion, that the membership was not validly obtained, then EGS PAY™ will credit the credit card account improperly used for the charges and will invalidate the Membership ID. EGS PAY™ reserves the right to cancel any Membership for any reason, with or without notice, if it determines, in its sole and absolute discretion that Member has violated any of these Terms and Conditions. Member assumes all risk and accepts all responsibility for any and all use of an EGS PAY™ Membership, for access to any participating websites and for the use of any Materials or content (including programming, code, software, encryption, data or other information technology) obtained from any participating website. Member agrees to indemnify and hold EGS PAY™ harmless from any liability, damages, claims, actions or suits (including all costs and attorney's fees) arising in any way out of the Member's use of an EGS PAY™ Membership ID, the receipt, viewing, transmission or retransmission, or use of any Materials or content, or any violation of these Terms and Conditions. Member acknowledges and agrees that these Terms and Conditions may be changed, modified, amended and/or supplemented by EGS PAY™ at any time, from time to time, without notice. Member further acknowledges and agrees that by applying for or accepting membership to EGS PAY™ that these Terms and Conditions shall be construed under and pursuant to the laws of the United Kingdom and jurisdiction and venue for any action to enforce, interpret or otherwise dealing with these Terms and Conditions, EGS PAY™ or any rights arising herefrom, shall be in the United Kingdom. If any court of competent jurisdiction determines that any part or parts of these Terms and Conditions are invalid or void, then the remaining part or parts shall remain in full force and effect. Member acknowledges, represents and warrants that he/she has read these Terms and Conditions and agrees to be bound by them as part of and in consideration of the EGS PAY™ membership. EGS PAY™ is a registered tradename. TRIAL MEMBERSHIP, FEES AND CANCELLATION. By accepting the trial membership to EGS PAY™ and by accessing the content of any participating website you authorize the charges set forth below and agree to the following terms and conditions: Your trial membership will entitle you to full access based on the terms set forth in the participating website’s sign-up page. You agree that if you do not send EGS PAY™ notice of cancellation of your trial membership at least ONE DAY from the expiration of your trial membership term, then EGS PAY™ shall automatically and without further notice: convert your trial membership to a standard RECURRING SUBSCRIPTION at the standard full membership rate; and for successive periods at the then current standard full membership rate. EGS PAY™ Subscription and Membership fees are subject to change at any time at the sole and absolute discretion of EGS PAY™. TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY THE COMPANY AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING THE COMPANY BY E-MAIL, TELEPHONE AT (800) 679-5227, or the ONLINE CANCELLATION FORM available at: http://www.egspay.com/cancel.acp TO CANCEL YOUR STANDARD MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION BY E-MAIL or TELEPHONE (800) 679-5227 AT LEAST 5 DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM. Memberships will automatically renew upon the Terms and Conditions effective as of the anniversary date of the renewal period, except that if the Member has been a member for at least one membership period, without termination or cancellation, then Member is entitled to the automatic renewal at the same rate as his/her original membership. If Member does not wish to renew membership for any successive period, then Member must notify EGS PAY™ within five days prior to the anniversary date of the membership. Member authorizes EGS PAY™ to charge any renewals to the credit card account originally provided. All cancellations received by the Company will be effective upon receipt. Member agrees and consents that they may receive certain communications from EGS PAY™, such as service announcements, administrative messages and advertisements. We do not verify your age with your credit card as part of authorization process. The use of a credit card or any other form of payment does not signify that you or anyone else is at least eighteen years of age. EGS PAY™ provides access services to participating websites. The service that we provide is for the benefit of customers who have purchased an EGS PAY™ membership. Member agrees and acknowledges that EGS PAY has no control over its participating web site ("the web site"), or any of the design, content, layout, product, services, subject matter or persons that appear in or on or that are linked to the web site. EGS PAY makes absolutely no representations and/or warranties, and provides no assurances, regarding the web site, the web site owner, or the quality, availability, legality or description of the products and/or services offered thereon. EGS PAY expressly disclaims any warranties of the owner and operator's of the website's ability or fitness for a particular purpose with respect to the web site and/or the products and services offered hereon. Any dispute arising in connection with the web site or the products or services that it offers is between you and the owner of the web site. However, you should feel free to contact EGS PAY (support@egspay.com) if you feel that the web site operator has acted fraudulently, or you were misled in any way. [ Close Window ]