We are a web publishing service and optional hosting service (the "Service").
You will be responsible for all activities occurring under your account and for keeping your password secure.
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis.
The Service disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. The Service also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least eight teen (18) years of age to use the Service.
The Service reserves the right to refuse service to anyone at any time without notice for any reason.
You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Violation of any of the foregoing, including all Global Policies, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Service reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of Service, including the contents of specific publications, are provided by and is the responsibility of the individual publisher. While the Service does monitor the content of published content to ensure Global Policy conformant, the Service takes no responsibility for published content. Instead, the Service merely provides access to such content as a service.
The Service may contain offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using the Service.
The Service does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
You agree that the Service has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service. The Servce retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
The Service takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does the Service have any obligation to monitor such third-party content. The Servicereserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. The Service also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Service, its users and the public. The Service will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Intellectual Property Rights. You acknowledge that the Service owns all right, title and interest in and to the Service, including all intellectual property rights (the "Service Rights"). The Service Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, the Service Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. The Service claims no ownership or control over any content submitted, published or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you publish or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, publishing, or displaying content on or through the Service, you grant the Service a worldwide, non-exclusive, royalty-free license to reproduce, publish or distribute said content. The Service furthermore reserves the right to refuse to accept, post, display, suspend, terminate or transmit any content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any materials on or through the Service or under a public license, whether by manually marking your materials as such or using tools to do so provided by the Service. For avoidance of doubt, the Service is not a party to any such public license between you and any third party. Also, for avoidance of doubt, the Service may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
Unless expressly authorized in writing by the Service, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
Any use of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), of the Service must be in compliance with this Agreement and only used with the written permission of the Service.
You represent and warrant that (a) all of the information provided by you to the Service to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
The Service may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination. Any attempt to circumvent a Suspension or Termination of an account will lead to that permanent denial of Service. Circumvention includes re-registering under a non-terminated account, changing IP addresses to evade an IP ban, registering a new email account to evade an email termination. Circumvention includes posting as an anonymous user.
You agree to hold harmless and indemnify the Service, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the Service will provide you with written notice of such claim, suit or action.
This Agreement constitutes the entire agreement between you and the Service and governs your use of the Service, superseding any prior agreements between you and the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
The failure of the Service to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Humboldt County, California, and you consent to the jurisdiction of such courts.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please refer to DMCA policy for information on how to file or respond to a notice of infringement.
The Service reserves all rights to monitor and review all Published Content, including those marked Private by the Customer, in order to investigate and monitor all compliance with the Terms of Service and all other Global Policies.
The Service does not allow impersonation of others through our services in a manner that is intended to or does mislead or confuse others. The Service has a zero-tolerance policy against members impersonating themselves as employees of the Service, volunteers of the Service, other members of the Service or any account or Service provided by the Service.
The Service does not allow soliciting funds or signatures, conducting membership drives, posting, distributing literature or gifts, offering to sell or to purchase merchandise or services, or engaging in any other solicitation, distribution, or similar activity on the Service Services.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service and (b) maintain and promptly update your Identifiable Information to keep it true, accurate, current and complete. If you provide any Identifiable Information that is untrue, inaccurate, not current or incomplete, or the Service has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Service has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Forging or misrepresenting data, either manually or via automated systems, whether in whole or in part, is strictly prohibited.
The abuse and misuse of the services, including e-mail, internal private messages, shoutouts, or any other Service are a serious problem and it will not be tolerated. The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses provided by the Service. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM. Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message. Intentional use of a the Service with the intent to send mass messages to the membership of the Service.
Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; ii) your Payment Subscriptions; iii) your usage of the our Services; iv) advertisements, promotions or oral or written statements related to our Services or your account; v) any benefits related to our Services; or vi) any activity with your account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your account, or any amounts owed by your account, to any other person or entity; or iv) suspension of your account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE YOUR ACCOUNT, OR IF IT HAS ALREADY BEEN ACTIVATED, CANCEL IT. YOU MAY CANCEL YOUR ACCOUNT BY USING USING OUR OPT-OUT OPTION.
You must mail the Opt-Out Notice to: Attn: Litigation Department, POB 3206, Eureka CA 95502.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your full legal name, address, phone number, and the email address(es) used to log in to the the Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.
The Service reserves the right to terminate the account of any member who violates one or many of these policies at any time, for any reason, without refund of account if applicable, and without notification nor explanation.