Terms and Conditions
Effective Date: February 2, 2017
Last Updated: February 2, 2017
These Terms and Conditions ("Terms") govern your access to and use of themainst.com and any associated subdomains, services, and content (collectively, the "Site"). The Site is owned and operated by APT Cloud Services, located in Mooresville, North Carolina, United States ("Company," "we," "us," or "our").
By accessing, browsing, registering with, posting to, or otherwise using the Site in any way, you ("you," "your," or "User") acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Site.
1. Acceptance of Terms
This is a legally binding agreement between you and the Company. We may modify these Terms at any time, and such modifications are effective immediately upon posting to the Site. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes. You are responsible for reviewing these Terms periodically.
2. Eligibility and Age Restriction (18+/Adults Only)
The Site contains adult-oriented material and is intended strictly for adults. By using the Site, you represent, warrant, and affirm under penalty of perjury that:
- You are at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence, whichever is greater;
- You are not accessing the Site from any jurisdiction in which the content or services offered are prohibited by law;
- You are voluntarily seeking adult-oriented content and are not offended by such material;
- You will not permit any person under the age of 18 to access the Site through your account, device, or network;
- You are not a representative of any governmental or regulatory body attempting to access the Site for the purpose of entrapment or unlawful surveillance in violation of applicable law.
We reserve the right, but assume no obligation, to request age verification or identity verification from any User at any time and to suspend or terminate access pending such verification.
3. Nature of the Service — Classified Listings Platform Only
The Site is an online classified advertising platform that allows independent third-party Users to post and view advertisements organized by state, city, and category. The Company is a neutral venue and intermediary that provides hosting and listing functionality only.
The Company does not:
- Create, author, endorse, verify, or control the content of any User advertisement or communication;
- Participate in, broker, arrange, facilitate, or take part in any transaction, meeting, arrangement, or interaction between Users;
- Act as an agent, employer, representative, escort agency, or party to any agreement between Users;
- Guarantee the accuracy, legality, quality, safety, or legitimacy of any listing, User, product, or service advertised on the Site.
All advertisements and content are created by, and are the sole responsibility of, the Users who post them. Any reference on the Site to "services" refers solely to lawful companionship, social, entertainment, modeling, dancing, or similar time- and companionship-based offerings. No advertisement, content, or communication on the Site is, or may be, an offer or solicitation for sexual services in exchange for money or anything of value.
4. Prohibition of Prostitution and Human Trafficking — Zero Tolerance
The Site strictly prohibits, and is not intended to be used for, prostitution, the solicitation of prostitution, sex trafficking, human trafficking, or any commercial sexual activity of any kind.
By using the Site, you expressly agree and acknowledge that:
- No payment, fee, gratuity, donation, or other consideration of any kind that is exchanged is for sexual conduct. Any money or consideration referenced in connection with a listing is solely for a person's lawful time, companionship, or lawful entertainment services, and never for any sexual act.
- You will not use the Site to offer, solicit, arrange, advertise, facilitate, or engage in prostitution, escorting for sexual purposes, or any illegal sexual transaction.
- You will not use the Site in furtherance of human trafficking, sex trafficking, child exploitation, or any form of coerced, forced, or non-consensual activity.
- You will not post any content depicting, advertising, or involving any person under the age of 18, and you understand that any such content will be reported to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement.
The Company maintains a zero-tolerance policy toward any of the foregoing. We will fully cooperate with all law enforcement authorities and will report suspected illegal activity, including preserving and disclosing User data and content as permitted or required by law. Violation of this Section is grounds for immediate termination and may result in civil and criminal liability for the violating User.
5. Commitment to Compliance with Law
The Company is committed to operating lawfully and to acting in accordance with all applicable federal, state, and local laws and regulations, including but not limited to the Communications Decency Act, the Allow States and Victims to Fight Online Sex Trafficking Act / Stop Enabling Sex Traffickers Act (FOSTA-SESTA), 18 U.S.C. § 2257 record-keeping requirements where applicable, and all anti-trafficking and anti-exploitation statutes. We expect every User to likewise comply fully with all laws applicable to them and to their conduct, content, and transactions.
You are solely responsible for ensuring that your use of the Site, your content, and any resulting conduct or transaction complies with all laws applicable to you in your jurisdiction. Laws regarding adult services and advertising vary by state and locality; it is your responsibility to know and obey them.
6. User Responsibility and Conduct — Release of the Company
You alone are responsible for your conduct, your content, your communications, and any interactions, meetings, or transactions you enter into with other Users. The Company bears no responsibility whatsoever for the actions, omissions, content, or conduct of any User.
You agree that you will not, and will not permit others to:
- Post any content that is false, misleading, fraudulent, defamatory, obscene as defined by law, or that violates any third party's rights;
- Post any content that is illegal or that promotes, facilitates, or solicits illegal activity, including prostitution and trafficking as described in Section 4;
- Post content involving or depicting minors, non-consensual activity, violence, bestiality, or other unlawful material;
- Impersonate any person or entity or misrepresent your identity, age, or affiliation;
- Harvest, scrape, or collect information about other Users;
- Transmit malware, spam, or engage in phishing or any deceptive or harmful technical activity;
- Use the Site to harass, threaten, stalk, defraud, or harm any person;
- Circumvent, disable, or interfere with security or access-control features of the Site.
You assume all risk associated with using the Site and with any contact, communication, or meeting with any other User. You agree to take reasonable safety precautions in all interactions and to independently verify the identity, age, and intentions of any person you communicate with or meet. The Company does not conduct background checks on Users and makes no representation regarding any User.
7. Content License and Removal
You retain ownership of content you post but grant the Company a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, display, reproduce, and distribute that content for the purpose of operating, promoting, and improving the Site.
We reserve the right, in our sole discretion and without notice, to review, refuse, edit, remove, or disable access to any content or listing for any reason or no reason, including content we believe violates these Terms or any law. We are not obligated to monitor content but may do so.
8. Account Registration and Security
If the Site requires registration, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized use. We may suspend or terminate accounts at our discretion.
9. Fees and Payments
Certain features or listing placements may require payment of fees. All fees are stated at the point of purchase and are, unless otherwise required by law, non-refundable. You are responsible for all applicable taxes. We may change fees at any time. Payment of any fee on the Site is for advertising placement and platform access only and is never consideration for any unlawful activity.
10. Intellectual Property
The Site and its design, text, graphics, logos, software, and other materials (excluding User content) are the property of the Company or its licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from the Site without our prior written consent.
11. Third-Party Links and Content
The Site may contain links to or content from third parties. We do not control and are not responsible for third-party websites, services, or content, and your use of them is at your own risk and subject to their terms.
12. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. The Company does not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that any content or User is accurate, legal, safe, or legitimate. The Company makes no representation or warranty regarding any User, listing, product, service, or transaction.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, APT CLOUD SERVICES, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, arising out of or relating to your access to or use of (or inability to use) the Site, any content, any User, or any interaction, meeting, communication, or transaction between Users, whether based in contract, tort, statute, or any other legal theory, even if advised of the possibility of such damages.
In no event shall the Company's total aggregate liability for any and all claims relating to the Site exceed the greater of (a) the total amount you paid to the Company in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100.00).
Some jurisdictions do not allow certain limitations; in such cases, the above limitations apply to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company, APT Cloud Services, and its owners, officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your content; (c) your violation of these Terms or any law; (d) your conduct toward, or any transaction, meeting, or interaction with, any other User or third party; or (e) any harm you cause to any person.
15. Termination
We may suspend or terminate your access to the Site at any time, with or without cause or notice. Upon termination, the rights and licenses granted to you cease, but Sections concerning prohibited conduct, disclaimers, limitation of liability, indemnification, and dispute resolution survive.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of North Carolina and applicable U.S. federal law, without regard to conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of those courts. You and the Company waive any right to a jury trial and to participate in any class or representative action to the extent permitted by law.
17. Severability and Waiver
If any provision of these Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later.
18. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Site and supersede all prior agreements and understandings.
19. Contact
For questions about these Terms, to report a violation, or to submit a legal notice, contact:
APT Cloud Services
Mooresville, North Carolina, United States
Email: legal@themainst.com
These Terms and Conditions are provided for general operational use and do not constitute legal advice. APT Cloud Services should have these documents reviewed by a licensed attorney to ensure compliance with all applicable federal, state, and local laws before publication.