1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE NorthmoorNeighbors.org
("NorthmoorNeighbors"), owned and operated by Sitetex, LLC. ("Sitetex"),
is provided to you ("Member") under the terms and conditions of this NorthmoorNeighbors
Terms of Service (NTS) and any operating rules or policies that may be
published by Sitetex. The NTS comprises the entire agreement between Member and
NorthmoorNeighbors and supersedes all prior agreements between the parties
regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION
PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THE NTS.
2. DESCRIPTION OF SERVICE NorthmoorNeighbors provides Member with various
publishing and community services, including but not limited to the capability
to post information to a web page and participate in web-based discussions.
Some of these services will be free of charge, others may cost money or have
other requirements. The requirements or fees for any service or option will be
clearly explained and separately agreed to when Member implements those
options, if any. Member must: (1)
provide all equipment, including a computer and modem, necessary to establish a
connection to the World Wide Web; (2) provide for own access to the World Wide
Web and pay any telephone service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE Sitetex may change the terms and
conditions of the NTS from time to time. Upon major changes in the terms and
conditions of the NTS, Sitetex will notify you by posting the changes as a
start-up screen prior to your subsequent use of the Service. If you agree to be
bound by the changes, you must again click the "I Accept" button that
will follow the posted changes. If you do not click the "I Accept"
button, you may terminate your use of the Service at that time. Minor changes
in the terms and conditions of the NTS will be posted to NorthmoorNeighbors
News at http://www.NorthmoorNeighbors.org.
Member's continued use of the Service constitutes an affirmative: (1)
acknowledgment by Member of the NTS and NTS modifications; and (2) agreement by
Member to abide and be bound by the NTS and NTS modifications.
4. MODIFICATIONS TO SERVICE Sitetex reserves the right to modify or
discontinue the Service with or without notice to Member. Sitetex shall not be
liable to Member or any third party should Sitetex exercise NTS right to modify
or discontinue the Service.
5. PRIVACY POLICY All information entered into NorthmoorNeighbors by Member
is private to Member except to the extent that he or she opts to share that
information with other NorthmoorNeighbors members and/or the public, through NorthmoorNeighbors
or otherwise.
It is Sitetex's policy to respect the privacy of Members. Therefore, Sitetex
will not disclose to any third party Member's name or contact information. Sitetex
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 Sitetex; (2) protect and defend the rights or property of Sitetex; or
(3) act under exigent circumstances to protect the personal safety of NTS
members or the public; (4) fix or debug problems with the NorthmoorNeighbors
software/service.
6a. CONTENT OWNERSHIP Unless stated otherwise for specific services, Member
will retain copyright ownership and all related rights for information he or
she publishes through NorthmoorNeighbors or otherwise enters into NorthmoorNeighbors-related
services.
6b. CONTENT RESPONSIBILITY Member acknowledges and agrees that Sitetex
neither endorses the contents of any Member communications nor assumes
responsibility for any threatening, libelous, obscene, harassing or offensive
material contained therein, any infringement of third party intellectual
property rights arising therefrom or any crime facilitated thereby.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY Once you become a member of the
Service, you shall receive a password and an account. You are entirely
responsible if you do not maintain the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
which occur under your account. You may change your password at any time (to do
so, go to the team area of any blog you are a member of, click on your name and
then "edit profile"); you may also set up a new account and close an
old one at your convenience.
Member agrees to immediately notify Sitetex of any unauthorized use of
Member's account or any other breach of security known to Member.
8. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE
IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
SITETEX 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.
SITETEX MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN
DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA.
SITETEX MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY SITETEX SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE
OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS
OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
10. NO RESALE OF THE SERVICE Member agrees not to resell the Service,
without the express consent of Sitetex. (Note: Setting up NorthmoorNeighbors
blogs for clients to update their web pages and charging for your time is
fine.)
11. STORAGE AND OTHER LIMITATIONS Sitetex assumes no responsibility for the
deletion or failure to store information entered into NorthmoorNeighbors.
Sitetex has set no fixed upper limit on the number or posts Member may send
or receive through the Service or the amount of storage spaced used; however, Sitetex
retains the right, at Sitetex's sole discretion, to determine whether or not
Member's conduct is consistent with the letter and spirit of the NTS and may
terminate Service if a Member's conduct is found to be inconsistent with the NTS.
12. MEMBER CONDUCT Member is solely responsible for the contents of his or
her transmissions through the Service. Member's use of the Service is subject
to all applicable local, state, national and international laws and
regulations.
Member agrees: (1) to comply with US law regarding the transmission of
technical data exported from the United States through the Service; (2) not to
use the Service for illegal purposes; (3) not to interfere or disrupt networks
connected to the Service; and (4) to comply with all regulations, policies and
procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages;
therefore, Member's conduct is subject to Internet regulations, policies and
procedures. Member will not use the Service for chain letters, junk mail,
spamming or any use of distribution lists to any person who has not given specific
permission to be included in such a process.
Member agrees not to transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, or harmful material of any kind or nature.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation. Attempts to gain unauthorized access to other computer systems are
prohibited.
Member shall not interfere with another Member's use and enjoyment of the
Service or another entity's use and enjoyment of similar services.
Sitetex may, at its sole discretion, immediately terminate Service should Member's
conduct fail to conform with these terms and conditions of the NTS.
13. INDEMNIFICATION Member agrees to indemnify and hold Sitetex, parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Member's use of the Service, the violation of this NTS by
Member, or the infringement by Member, or other user of the Service using
Member's computer, of any intellectual property or other right of any person or
entity.
14. TERMINATION Either Member or Sitetex may terminate the Service with or
without cause at any time and effective immediately. Sitetex shall not be
liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the NTS or any
subsequent modifications thereto or become dissatisfied with the Service in any
way, Member's only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, Member's right to use the Service and
Software immediately ceases. Member shall have no right and Sitetex will have
no obligation thereafter to forward any unread or unsent messages to Member or
any third party.
15. NOTICE All notices to a party shall be in writing and shall be made
either via email or conventional mail. Sitetex may broadcast notices or
messages through the Service to inform Member of changes to the NTS, the
Service, or other matters of importance; such broadcasts shall constitute
notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Member may enter into
correspondence with or participate in promotions of the Advertisers showing
their products on the Service. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence
or promotions, are solely between the corresponding Member and the Advertiser. Sitetex
assumes no liability, obligation or responsibility for any part of any such
correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT Member acknowledges 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 Member by the
Service ("Content") by Sitetex or Sitetex's Advertisers, is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws; therefore, Member is only permitted to use this Content as expressly
authorized by the Service or the Advertiser. Member may not copy, reproduce,
distribute, or create derivative works from this Content without expressly
being authorized to do so by the Service or the Advertiser.
18. LAWS The NTS shall be governed by and construed in accordance with the
laws of the state of Illinois,
excluding NTS conflict of law provisions.
Member and Sitetex agree to submit to the exclusive jurisdiction of the
courts of Lake County, Illinois. If any provision(s) of the NTS 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.
Sitetex's failure to exercise or enforce any right or provision of the NTS
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by Sitetex in writing.
Member and Sitetex 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 NTS are solely used for the convenience of the parties and have no
legal or contractual significance.
-Paul Gerth
Where is John Galt?