Something Besides Bars
Your use of our web sites, company information, and any of our software is subject to these terms and conditions, and by using our web sites or any of our software, you agree to these terms and conditions. We reserve the right to change these terms and conditions without notice. Changes will be posted to the web site and become effective immediately. It is your responsibility to periodically check this website for any changes.
These terms and conditions are the complete agreement between you and us, and supercede and replace any other agreements, whether oral, written, or otherwise, including any statements made to you by any representative of our company at any time.
Please note that any "Beta" or "Preview" version of a browser may not properly work with these pages. If you are using a beta or preview version, please return your browser to a previously released version.
Minors may use this web site or our other services only with their parent's permission. Parents are held fully responsible for the minor's actions and have a responsibility to monitor their minor's useage and ensure that minors do not participate in anything they deem objectional and that all contact with other users is done in a safe manner.
We do not collect any information on minors who have not reached their fifteenth birthday. Further, we do not allow minors under fifteen to create accounts. Parents may create an account and directly supervise the account's useage by any minors under fifteen.
You agree that:
you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government;
you will not engage in any activity of any kind that causes harm to minors or to perform any activity which is likely to cause such harm;
you will not take any action which encourages or consists of any threat of harm of any kind to any person or property;
you will not transmit any unsolicited commercial or bulk email, will not engage in any activity known or considered to be "spamming" or "Mail Bombing," and you will not carry out any "denial of service" attacks on any other website or internet service;
you agree not to make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
you agree not to make or attempt any unauthorized access to any website or the website of any of our customers;
you agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
you agree not to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
you agree not to collect, attempt to collect, publicize, or otherwise disclose personally identifiable information of any person or entity without their express consent or as otherwise required by law, and you shall maintain records of any such consent throughout the terms of this agreement and for three years thereafter;
you agree not to undertake any action which is harmful or potentially harmful to the our server structure.
In order to maintain acceptable data volume and data-transfer volume restrictions, you agree to check all accounts on a regular basis and remove any and all excess or extraneous data. We are the sole judge of acceptable data volumes based on current user loads and useage, and you agree to abide by any and all decisions made by us. In the event we deem that you are not in compliance with acceptable data volume, it may at our sole discretion, suspend or terminate the account, or remove data. In such cases we have no responsibility for the loss of any data still located in such account and you have no recourse against us for any damages resulting from the loss of such data.
Our web sites and any Company Information are available to you only for personal, non-commercial purposes. Except in connection with your authorized use of the web sites, you may not copy, modify, display, license, distribute, transmit, or download the Company Information without our written consent.
You may not use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which does the same things, to access, acquire, copy, or monitor any portion of the web sites or any Company Information. Any use of the web sites which results in the depletion of web site infrastructural resources is not authorized. When you use the web sites or Company Information for an authorized purpose, you should include all proprietary notices without changing or hiding them. As a condition of your use of the web sites, you promise that you will not use the web sites or Company Information for any purpose that is unlawful or prohibited by these terms and conditions.
You agree to read and follow all of our recomendations in our document titled "Safety Tips" when dealing with other users. However, while helpful, there is no guarantee that following these safety tips will keep you completely safe from other users.
YOUR CONTACT WITH OTHER USERS IS COMPLETELY AT YOUR OWN RISK -- WE ASSUME NO RESPONSIBILITY IN THESE MATTERS.
For purposes of this Agreement, the term Software includes the original program, all copies thereof and all parts of the program, even when the parts are combined with other programs of other manufacturers. A program consists of machine readable instructions, audio-visual components and all manuals and other instructions or materials delivered therewith.
You agree to assure that all users of the Software are aware of and comply with the terms of the license granted hereby. You may use the Software on a single computer or workstation. Use of the Software exists when the Software is loaded into the memory of any computer or workstation or stored on the hard drive or other storage medium of any computer or server. Installation of the Software on a Network Server solely to facilitate distribution to other computers attached to the network is not use. However, each installation from such network server is subject to the license restrictions contained herein. Multiple installations, unless specifically permitted under the license granted to you, are not permitted.
To the extent that license fees are charged, the amount of the license fee charged by us is dependent on the number of licensed users agreed to between you and us. If use of the Software is governed by license administration software, an unlimited number of copies may be installed and stored on any number of computers or servers which are under the control of the license administration program, provided, however, that the number of copies, computers servers and users may not exceed the agreed upon maximum number permitted. Programs which are designed to be used both on stationary and portable computers may be stored on both a primary and secondary computer but may not be used simultaneously on both computers.
The Software is provided to you in object code form. You are permitted to make one (1) security copy of the Software, as long as said copy retains all of our copyright and trademark notices.
You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Software or any copies thereof and not to assist any third party in doing so.
To the extent the license granted to use any Software, our Services and any accompanying materials is limited by time, or upon the cancellation or termination of our Services, you will, upon the end of the license period or cancellation or termination, remove, destroy, erase and otherwise obliterate all copies of the Software from all computers on which it may have been installed and to permanently destroy all security copies you may have made pursuant to the forgoing Section. To the extent required by any additional license terms, you will return to us all written documentation and advertising or promotional materials provided to you by us.
We may provide our customers with the ability to order certain third-party software (the "Third Party Software"). The license conditions governing the use of the Third Party Software may differ from our own software licenses. Customers are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. Some such Third Party software is provided under license from Microsoft ("Microsoft Software"), and Customers using Microsoft Software are bound by the T&C Microsoft Software Products, which are incorporated herein by reference. The provision and offering of such Third Party Software by us does not constitute an endorsement of the Third Party Software, nor can we make any representations or warranties regarding the use and functionality of such Third Party Software. THIRD PARTY SOFTWARE IS OFFERED TO CUSTOMERS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
During the term of this agreement you may have access to certain information and materials relating to our business, customers, software technology and marketing which we treat as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of us; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
For purposes of this section, Confidential Information also includes passwords and access codes.
We own all passwords. We may require you to change your password at any time or at any given time interval without notice. We may require certain patterns or minimums for passwords and may change these requirements at any time without notice.
Although unlikely, we may accidentally delete all or part of your account. If this happens, we will attempt to restore your account and data, however, it may not always be possible.
In the case of loss of data, you agree to hold us harmless against any and all claims. It is your responsibility to keep a copy of any important data you do not want to potentially lose.
If payments are owed by you to us, and are not paid by the due date set by us, we may terminate, suspend, disable, or partially disable your account without notice. We are not responsible for any losses of data or use that occur during this time period. In an accounting error is made by us and your account is partially or totally lost, we shall attempt to recover the account. However, we may be unable to recover any or all lost data.
If you are required to give any notice under this agreement or under any law or court order, you agree to sent it via certified US mail, return receipt requested to the address posted under the contact page of the web site. You agree that we will have one hundred and eighty days to respond to any such notice.
You warrant that the contact information you have provided to us is and will remain accurate. You agree that you will update your account information within twenty-four hours of the change of any of the following information: your name, mailing address, telephone number, or email address. If information is not updated as required, we areunder no obligation to make any further contact with you.
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO ONE U.S. DOLLAR.
This disclaimer of liability applies to any damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication-line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
You agree that upon the assignment of your Customer ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your customer ID and / or your password You further agree to defend and indemnify and hold us harmless of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential Customer ID and Password information.
In addition to any event of force majeure as described in the foregoing paragraph, we may also terminate this Agreement in the event that we elect, at our sole discretion, to cease doing business in the United States and/or Canada for economic reasons or for any other reason whatsoever. Customers who, at the time we cease doing business in the United States and/or Canada, are taking advantage of any offer for free services or any other services that were intended to go beyond the date of cessation (hereinafter, the "Extended Services"), may not recover any damages from us (or any of our affiliated entities) in the event that they incur costs and expenses related to the cessation of the Extended Services, nor do such customers have, nor may they bring, any claim for repayment of such costs and expenses, including without limitation, fees paid to other hosting services for the balance of time remaining with respect to any offer of Extended Services.
This Section shall not be construed to prohibit either party from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction, however, the arbitrator hearing the dispute to which the injunction pertains will have the power to modify or dissolve any such injunction, or to order additional injunctive relief, in connection with the final arbitration award. The parties, their representatives, other participants, and the mediator and arbitrator shall hold the existence, content, and result of any mediation and arbitration in confidence except to the extent necessary to enforce a final settlement agreement or to obtain and secure enforcement of or a judgment on an arbitration decision and award.
Copyright © 2005 by Something Besides Bars. All Rights Reserved.