Sure
it's quite long but it covers both you and us.
1. ACCEPTANCE
OF TERMS
Welcome to ExpressWebs.NET's,
ExpressBlogs.com. ExpressWebs.NET, a business registered in the
Rep. of Ireland ("ExpressWebs") provides the ExpressBlogs
blogging servicefor your use, subject to the following Terms of
Service ("TOS"), which may be updated by us from time
to time without notice to you; provided that, we will not alter
Section 5 ("Content Submitted to ExpressBlogs") without
prior notice to and acceptance by you. You can always review the
most current version of the TOS at any time by visiting http://www.expressblogs.com/tos.html.
2. DESCRIPTION
OF SERVICE
ExpressBlogs provides
users with access to web content hosting services, specifically
for B2 -powered web logs or Blogs (the "Service"). Unless
explicitly stated otherwise, any new features we add that augment
or enhance the current Service, shall be subject to this 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. ExpressWebs.NET
PRIVACY POLICY
It is ExpressWebs.NET's
policy to respect the privacy of website's Members. Accordingly,
ExpressWebs.NET will not disclose to any third party a Member's
name or contact information. ExpressWebs.NET will also not monitor,
edit, or disclose the contents of a Member's information unless
required to do so by law or in the good faith belief that such action
is necessary to: (1) conform to the edicts of the law or comply
with legal process served on ExpressWebs.NET; (2) protect and defend
the rights or property of ExpressWebs.NET; or (3) act under exigent
circumstances to protect the personal safety of ExpressWebs.NET
service's users or the public; (4) fix or debug problems with the
ExpressBlogs servers/software/service. From time to time ExpressWebs.NET
may contact you by email with service announcements, enhancement
or special offers from ExpressWebs.NET or one of our wholly owned
websites.Honestly it will be minimal.
4. MEMBER CONDUCT
Behave yourself. You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
posted on a users ExpressBlogs blog, are the sole responsibility
of the person from which such Content originated. This means that
you, and not ExpressWebs.NET, are entirely responsible for all Content
that you upload, post or otherwise transmit via the Service. ExpressWebs.NET
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, 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 ExpressWebs.NET official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
(d) 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);
(e) upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
(f) 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;
(g) 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;
(h) intentionally or unintentionally violate any applicable local,
state, national or international law, and any regulations having
the force of law;
(i) "stalk" or otherwise harass another;
(j) collect or store personal data about other users;
(k) 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.
(l) Promote another commercial website - if your blog is just promoting
one other commercial website then it will be removed
5. CONTENT SUBMITTED
TO ExpressBlogs
This section covers the
content of your blog. ExpressWebs.NET does not claim ownership of
the Content you place on your ExpressBlogs Site. ExpressWebs.NET
may quote or reproduce small portions of your content in order to
promote your ExpressBlogs site and/or the ExpressBlogs service.
You acknowledge that ExpressWebs.NET does not pre-screen Content,
but that ExpressWebs.NET 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, ExpressWebs.NET 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.
6. INDEMNITY
You agree to indemnify
and hold ExpressWebs.NET, 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, the content
of contirbutors to your blog, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of
any rights of another.
7. 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.
8. MODIFICATIONS
TO SERVICE
ExpressWebs.NET 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. We will try to keep it going as long as we can.
You agree that ExpressWebs.NET shall not be liable to you or to
any third party for any modification, suspension or discontinuance
of the Service.
9. TERMINATION
You agree that ExpressWebs.NET,
in its sole discretion, may terminate your password, ExpressBlogs
Blog Site or use of the Service, and remove and discard any Content
within the Service, for any reason, including, without limitation,
for lack of use or if ExpressWebs.NET believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. ExpressWebs.NET
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 ExpressWebs.NET may immediately deactivate or delete
your ExpressBlogs Blog Site and all related information and files
in your ExpressBlogs Site and/or bar any further access to such
files or the Service. Further, you agree that ExpressWebs.NET shall
not be liable to you or any third-party for any termination of your
access to the Service.
10. ADVERTISEMENTS
AND PROMOTIONS
ExpressWebs.NET runs
advertisements and promotions on ExpressBlogs Blog Sites. By creating
your ExpressBlogs Site, you agree that ExpressWebs.NET has the right
to run such advertisements and promotions. You also agree that you
will not attempt to block or otherwise interfere with advertisements
displayed on your ExpressBlogs site via JavaScript or any other
means. If you do then that is grounds for immediate termination
of service. The manner, mode and extent of advertising by ExpressWebs.NET
on your ExpressBlogs Blog Site is subject to change. Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such advertiser. You agree that ExpressWebs.NET shall not
be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
11. ExpressWebs.NET
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. It's
all based on the B2 blogging system so if you wanted to you could
go out and create a service such as this yourself.
12. 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. ExpressWebs.NET 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) ExpressWebs.NET 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 ExpressWebs.NET OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
13. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT ExpressWebs.NET 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 ExpressWebs.NET 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.
14. 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 12 AND 13
WON'T APPLY TO YOU.
15. NOTICE
Notices to you will be
made via email. 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.
16. GENERAL INFORMATION
The TOS constitute the
entire agreement between you and ExpressWebs.NET and govern your
use of the Service, superceding any prior agreements between you
and ExpressWebs.NET or ExpressBlogs (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
ExpressWebs.NET services, third-party content or third-party software.
The TOS and the relationship between you and ExpressWebs.NET shall
be governed by the laws of the Rep. of Ireland without regard to
its conflict of law provisions. You and ExpressWebs.NET agree to
submit to the personal and exclusive jurisdiction of the courts
of Ireland. The failure of ExpressWebs.NET 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.
17. VIOLATIONS
Please report any violations
of the TOS via Help section of the ExpressBlogs.com website.
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