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1. ACCEPTANCE OF TERMS
Welcome to It'sAboutUs.org! It'sAboutUs.org provides the Personal
Web Page service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time
without notice to you, without prior notice to and acceptance by
you. You can review the most current version of the TOS at any
time at: http://www.itsaboutus.org/tos.asp.
2. DESCRIPTION OF SERVICE
It'sAboutUs.org currently provides users with access to a rich
collection of on-line resources, including personal web page
hosting services (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the
current Service, including the release of new It'sAboutUs.org resources, shall be subject to the TOS. In order to use the
Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access
device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or It'sAboutUs.org has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, It'sAboutUs.org 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).
4. It'sAboutUs.org PRIVACY POLICY
Pursuant to It'sAboutUs.org's privacy policy, we may disclose to
third parties certain aggregate information contained in your
Registration Data or related data, provided that, such information
will NOT include personally identifying information, except as
specifically authorized by you or in the good faith belief that
such action is reasonably necessary to comply with the law, legal
process, to enforce the TOS, or under any of the other
circumstances set forth in our privacy policy, as may be amended
from time to time. For more information, please see our full
privacy policy at http://www.itsaboutus.org/privacy.asp.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not It'sAboutUs.org
, are entirely responsible for all Content that you
upload, post or otherwise transmit via the Service. It'sAboutUs.org
does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit
any Content that is unlawful, pornographic, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity,
including, but not limited to, a It'sAboutUs.org official, forum
leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
(d) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service or develop restricted or
password-only access pages, or hidden pages or images (those not
linked to from another accessible page);
(e) upload, post or otherwise transmit
any Content that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
(f) upload, post or otherwise transmit
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit
any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas of the Service that are
designated for such purpose;
(h) upload, post or otherwise transmit
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
(i) disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of
the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges;
(j) interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service;
(k) intentionally or unintentionally
violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the
U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass
another;
(m) collect or store personal data about
other users;
(n) promote or provide instructional
information about illegal activities, promote physical harm or
injury against any group or individual, or promote any act of
cruelty to animals. This may include, but is not limited to,
providing instructions on how to assemble bombs, grenades and
other weapons, and creating "Crush" sites;
(o) use your home page (or directory) as
storage for remote loading or as a door or signpost to another
home page, whether inside or beyond It'sAboutUs.org ;
(p) have multiple It'sAboutUs.org
addresses that are within the same It'sAboutUs.org neighborhood or
that have the same theme; or
(q) engage in commercial activities
without enrolling in It'sAboutUs.org-approved affiliate programs.
This includes, but is not limited to, the following activities:
offering for sale any products or
services;
soliciting for advertisers or
sponsors;
conducting raffles or contests that
require any type of entry fee;
displaying a sponsorship banner of
any kind, including those that are generated by banner or link
exchange services, with the sole exceptions of the GeoGuide
Banner Exchange program and the Internet Link Exchange; and
displaying banners for services that
provide cash or cash-equivalent prizes to users in exchange
for hyperlinks to their web sites.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
7. CONTENT SUBMITTED TO
It'sAboutUs.org
It'sAboutUs.org does not claim ownership of the Content you place
on your It'sAboutUs.org Site. By submitting Content to It'sAboutUs.org
for inclusion on your It'sAboutUs.org Personal Web
Page, you grant It'sAboutUs.org the world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the
Content solely for the purpose of displaying, distributing and
promoting your It'sAboutUs.org Personal Web Page on It'sAboutUs.org's Internet properties. This license exists only for
as long as you continue to be a It'sAboutUs.org member and shall be
terminated at the time your It'sAboutUs.org Personal Web Page is
terminated.
You acknowledge that
It'sAboutUs.org does
not pre-screen Content, but that It'sAboutUs.org and its designees
shall have the right (but not the obligation) in their sole
discretion to refuse or remove any Content that is available via
the Service. Without limiting the foregoing, It'sAboutUs.org and
its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or
usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold It'sAboutUs.org, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due
to or arising out of your Content, your use of the Service, your
connection to the Service, your violation of the TOS, or your
violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access
to the Service.
10. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that It'sAboutUs.org may establish general
practices and limits concerning use of the Service.
11. MODIFICATIONS TO SERVICE
It'sAboutUs.org reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree
that It'sAboutUs.org shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the
Service.
12. TERMINATION
You agree that It'sAboutUs.org, in its sole discretion, may
terminate your password, It'sAboutUs.org Personal Web Page, use of
the Service or use of any other It'sAboutUs.org service, and remove
and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if It'sAboutUs.org
believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. It'sAboutUs.org
may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to
the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that It'sAboutUs.org
may immediately deactivate or delete your It'sAboutUs.org Personal Web Page, and all related information and
files in your It'sAboutUs.org Personal Web Page, and/or bar any
further access to such files or the Service. Further, you agree
that It'sAboutUs.org shall not be liable to you or any third-party
for any termination of your access to the Service.
13. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because It'sAboutUs.org has no control over such sites and resources, you acknowledge and
agree that It'sAboutUs.org is not responsible for the availability
of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that It'sAboutUs.org shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on
or through any such site or resource.
14. It'sAboutUs.org
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service
("Software") contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to
you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by It'sAboutUs.org or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
It'sAboutUs.org
grants you a personal,
non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is
provided by It'sAboutUs.org for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. It'sAboutUs.org EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) It'sAboutUs.org MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM It'sAboutUs.org OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT It'sAboutUs.org SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF It'sAboutUs.org HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
19. COPYRIGHTS
It'sAboutUs.org respects the intellectual property rights of others
and we ask our users to do the same. Please see our copyright
policy at http://www.itsaboutus.org/copyright.asp.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and It'sAboutUs.org
and govern your use of the Service, superceding any
prior agreements between you and It'sAboutUs.org (including, but
not limited to, any prior versions of the TOS). You also may be
subject to additional terms and conditions that may apply when you
use affiliate or other It'sAboutUs.org services, third-party
content or third-party software. The TOS and the relationship
between you and It'sAboutUs.org shall be governed by the laws of
the State of New Hampshire without regard to its conflict of law
provisions. You and It'sAboutUs.org agree to submit to the personal
and exclusive jurisdiction of the courts located within the county
of Keene, New Hampshire. The failure of It'sAboutUs.org to exercise
or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS
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 TOS 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 out of or related
to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
21. VIOLATIONS
Please report any violations of the TOS to our
Server
Administrator.
Be sure to read the Common
Sense Rules!
Copyright © 2001 ItsAboutUs.org.
All rights reserved.
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