|
|
|
|
|
|
Terms of Use
|
Terms of Use
|
|
|
WELCOME to our
website. This site is operated by the
Earthchild.Net Partner Group. By joining one
of our web service portals, you
will be able to access the many applications
within as long as you have the necessary
equipment and services for Internet access.
The following are the terms and conditions for
use of our web site and services
(the "Services"). Please read them carefully.
|
|
This Service is
provided to individuals who are at least 18
years old or minors who have parental
permission to open and maintain an account
with us. By completing the registration
process, or by downloading any software from
this website, you are stating that you agree
to be bound by all of the Terms and Conditions
of our site. |
|
1.
Description of the Service |
|
|
Our group provides its members access to
various web based services and intranet applications on a fee paid basis.
We may also allows visitors to
download software and parts of product
suite. We may change, suspend or
discontinue (temporarily or permanently) the
Services; any feature or aspect thereof, at
any time; impose limits on features or
aspects of the Services; restrict the member
access thereto, all without giving prior
notice or incurring any liability to the
Subscribing Organization, its Members or any
third party. Unless explicitly stated
otherwise, any new applications or features
and any changes to the current Services shall
be subject to these Terms. |
|
|
|
Our Privacy
policy can be found at the bottom of this or
any other page at our web site. The Privacy
policy forms part of these Terms. Assenting to
this agreement implies agreement to the
Privacy policy. |
|
|
|
To open an
account with our organization, you must complete
the registration process by providing us with
current, complete and accurate information as
prompted by the Registration Form. You then
will choose a password and an account name.
You are entirely responsible for maintaining
the confidentiality of your password and
account. Furthermore, you are entirely
responsible for any and all activities that
occur under your account. The Member warrants
that our products or services
will not be used for any purpose that is
unlawful or prohibited by these Terms and is
responsible for all acts or omissions that
occur under the Member’s password.
|
|
Without
limitation the Member agrees that
our services will not be used to:
|
-
upload, store,
post, email or otherwise transmit,
distribute, publish or disseminate any Site
Information or other information that is
unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar,
obscene, or libelous, or promotes such
activity;
-
upload, store,
post, link to, email or otherwise transmit,
distribute, publish or disseminate any Site
Information, Content or other information or
material that (or the transmission,
distribution, publication or dissemination
of which) infringes any patent, trademark,
trade secret, copyright or other proprietary
rights of any party or otherwise violates
the legal rights (such as rights of privacy
and publicity) of others, violates any
contractual or fiduciary relationships (such
as inside information, proprietary and
confidential information learned or
disclosed as part of employment
relationships or under nondisclosure
agreements) or is otherwise objectionable;
-
email or
otherwise transmit, distribute, publish or
disseminate any unsolicited advertising,
survey, promotional materials, "junk email,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation or
duplicative or unsolicited messages
(commercial or otherwise);
-
provide
inaccurate, incomplete, outdated or
misleading Registration Information, create
a false identity or manipulate identifiers
to mislead others to disguise the origin of
any information stored on the Subscribing
Organization Site or transmitted through the
Services, or impersonate any person or
entity, or otherwise misrepresent any
affiliation with a person or entity;
-
use, download
or otherwise copy, or provide to a person or
entity that is not one of the Subscribing
Organization's Members any portion of the
Services or any Content or any portion
thereof;
-
upload, store,
post, link to, email or otherwise transmit,
distribute, publish or disseminate any
material that contains software viruses,
trojan horses, worms, time bombs, cancelbots
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 or circumvent any "copy-protect"
devices, or any other harmful or disruptive
program, or any warez, cracks, hacks,
associated utilities or other piracy related
information;
-
attempt to
gain unauthorized access to the Services,
Content, other Subscribing Organization
Sites or Site Information or Personal
Information, or other computer systems,
servers or networks connected to the
Services;
-
violate
(intentionally or unintentionally ) any
applicable local, state, national or
international law or regulation.
-
upload, store,
post, email or otherwise transmit,
distribute, publish or disseminate any site
Information or other information that is
harmful to minors in any way.
-
for any part
of this service which is a paid service, you
will be charged a fee at the end of the
evaluation period.
|
|
You agree to
notify us immediately of any
unauthorized use of your account or any other
breach of security. The Member acknowledges
that we do not monitor any of
the information transmitted through the
Services, any Site Information or any use
thereof except to the limited extent as may be
permitted in the Privacy Statement.
We shall have the right (but not
the obligation) to delete, move or edit any
information and require the user to delete,
move or edit any Site information that
violates these Terms. |
|
|
|
We
regularly back up Site Information of
Members. We shall have no
liability for any failure to back up or
restore such Site Information, or for
interruptions, delay or suspension of access
to or inavailability of such Site Information,
or any loss of Site Information, data or
transmissions. |
|
5.
DISCLAIMER OF WARRANTIES |
|
|
To the fullest
extent permitted by applicable law,
we expressly disclaim all
warranties and conditions, express or implied,
including, but not limited to, implied
warranties and conditions of merchantability,
merchantable quality, correspondence to
description, deletion or unauthorized access
to any of the Member’s materials, any loss of
data, transmissions or site information
resulting from hardware or software outages or
any other reason, any infringement of
another’s rights, including without
limitation, intellectual property rights,
conduct of any of the members, any goods or
services purchased or obtained from any
sponsor, advertiser, content provider or
partner or any third party whether based on
contract, tort, negligence, strict liability
or otherwise. We do not
represent or warrant that the Service
materials will be uninterrupted or error-free,
that defects will be corrected, or that this
site or the server that makes it available,
are free of viruses or other harmful
components. |
|
6.
LIMITATION OF LIABILITY |
|
|
To the fullest
extent permitted by applicable law, under no
circumstances, including, but not limited to,
negligence, shall we be liable
for any direct, indirect, incidental, special
or consequential damages that result from the
use of or the inability to use the Service,
any changes to the Service, unauthorized
access to or alteration of your transmissions
or data, any material or data sent or received
or not sent or received, or any transactions
entered into through the Service. You
specifically agree that we are
not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal
content or conduct of any other party or any
infringement of another's rights, including
intellectual property rights. If you are
dissatisfied with the Service, the materials
available on or through the Service, or with
any of our terms and
conditions, your sole and exclusive remedy is
to discontinue using our service.
|
|
LIMITATION OR
EXCLUSION OF WARRANTIES CONDITIONS, AND/OR
LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE
PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE
SOME OR ALL OF SECTIONS 5 AND 6 MAY NOT APPLY
TO YOU. IF PERMITTED BY LAW,
OUR LIABILITY IS LIMITED TO
RESUPPLYING THE SERVICE. |
|
|
|
You agree to
indemnify and hold our organization, its
parents, subsidiaries, affiliates, officers
and employees, harmless from any claim,
demand, or damage, including reasonable
attorneys' fees, asserted by any third party
due to or arising out of your use of or
conduct on the Service. |
|
|
|
We
may terminate the Service with or without
cause at any time and effective immediately.
In addition, we may in our sole
discretion terminate your account for
violation of the letter or spirit of the Terms
of Service. |
|
If you wish to
terminate your account, your only recourse is
to discontinue use of the account. In
addition, we may terminate your
account for inactivity, which is defined as
failing to log into the Service for an
extended period of time, as determined by us. The amount of time that
we currently view as an
"extended" period of time is a first log-on 10
days or later after registration and after an
initial log-on, 120 days since your last
log-on. Upon termination of the Service, your
right to use the Service immediately ceases.
We shall have no obligation to
maintain any content in your account.
|
|
We
may terminate the service for non-payment of
dues at any time. |
|
|
|
We will immediately terminate
any account which it believes, in its sole
discretion, is transmitting or is otherwise
connected with any spam or other unsolicited
bulk email. In addition, because damages are
often difficult to quantify, you agree to pay
us liquidated damages of $5 for
each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with
your account, or
our actual damages, whichever is
greater. |
|
10.
PROPRIETARY RIGHTS TO CONTENT |
|
|
You acknowledge
that content, including but not limited to
text, software, music, sound, photographs,
video, graphics or other material contained in
either sponsor advertisements or
email-distributed, commercially produced
information presented to you by the Service,
by our organization or our
Advertisers or other content providers, are
protected by copyrights, trademarks, service
marks, patents or other proprietary rights and
laws. You may make a copy of this content for
your personal, non-commercial use only,
provided that you keep all copyright and other
proprietary notices intact. |
|
You may not
modify, copy, reproduce, republish, upload,
post, transmit, or distribute in any way
content available through the Service,
including code and software. |
|
11.
MODIFICATIONS TO TERMS OF SERVICE, MEMBER
POLICIES |
|
|
We reserve the right to change
the Terms of Service or policies regarding the
use of the Service at any time and to notify
you by posting an updated version of the Terms
Of Service on our website.
|
|
|
|
The Terms of
Service shall be governed by and construed in
accordance with the laws of the state of
Nevada and the United States of America,
excluding their conflict of law provisions.
You and our organization agree to submit to
the exclusive jurisdiction of the courts
located in Las Vegas in the state of Nevada.
If any provision(s) of the Terms of Service is
held by a court of competent jurisdiction to
be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to
reflect the intentions of the parties with the
other provisions remaining in full force and
effect. |
|
Your access and
use of this Service is governed by all
applicable federal, state and local laws. All
information available on this Website is
subject to U.S. export control laws and may
also be subject to the laws of the country
where you reside. |
|
Our failure to exercise or
enforce any right or provision of the Terms of
Service shall not constitute a waiver of such
right or provision unless acknowledged and
agreed to by us in writing.
|
|
You and
our organization agree that any cause of
action arising out of or related to this
Service must commence within one (1) year
after the cause of action arose; otherwise,
such cause of action is permanently barred.
|
|
The section
titles in the TOS are solely used for the
convenience of the parties and have no legal
or contractual significance. |
|
|
|
|
|
|
|
|
