Terms of Service
January 28th, 2009 by Maestro
ANIMEBLOGGER.NET TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
AnimeBlogger.net ("Animeblogger"), owned and operated by
AnimeBlogger.net, (hereinafter the "Owner"), is provided to you
(hereinafter the "User") under the terms and conditions of this
Animeblogger Terms of Service (ATS) and any operating rules or
policies that may be published by the Owner. The ATS forms the
entire agreement between the User and Animeblogger 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 ATS.
2. DESCRIPTION OF SERVICE:
Animeblogger provides free anime web log hosting. The User must:
(a) provide all equipment, including a computer and modem,
necessary to establish a connection to the World Wide Web;
(b) provide their own access to the World Wide Web and pay any
service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE:
The Owner reserves the right, at any time and from time to time,
to update, revise, supplement, and otherwise modify the ATS
and to impose new or additional rules, policies, terms, or
conditions on your use of Animeblogger. Such updates, revisions,
supplements, modifications, and additional rules, policies, terms,
and conditions (collectively referred to in this Agreement as
"Additional Terms") will be effective on the date specified when
they are announced and incorporated into this Agreement on the
specified date. Your continued use of Animeblogger hosting
after the specified date will be deemed to constitute your
acceptance of any and all such Additional Terms. Additional
Terms will be announced by a posting made on the website and an
E-mail will be sent out to the site announcement list.
4. PRIVACY POLICY:
All information entered into Animeblogger by the User is private
to said User except to the extent that he or she opts to share
that information with other Animeblogger Users and/or the public,
through Animeblogger or otherwise.
It is the Owner's policy to respect the privacy of its Users.
Therefore, the Owner will not disclose to any third party a User's
name or contact information. The Owner will also not monitor,
edit, or disclose the contents of a User's information unless
required to do so by court order or as otherwise required by law.
As part of this agreement, your E-mail address will be signed
up for Animeblogger's site announcement mailing list. This list
is used only for official communications regarding site issues
and, most importantly, will be used to notify you of any changes
to the ATS or privacy policies. It is the responsibility of the
user to check the E-mail address they provide in a timely manner
so they will be aware of changes to the ATS or privacy policies.
Addresses of members of the site announcement list will not be
visible to other members of the list, keeping your E-mail address
private.
5. CONTENT OWNERSHIP:
The User acknowledges and agrees that the Owner neither endorses
the contents of any User 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. Animeblogger reserves the right to remove
libelous posts where required to do so by court order or as
otherwise required by law. The User shall be notified of any
action taken by Animeblogger in this regard.
6. CONTENT:
The User acknowledges that content, including, but not limited to,
text, software, music, sound, photographs, video, graphics or other
material placed on their web log may be protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws, and the User therefore may place such content on their web
log in accordance only with said copyrights, trademarks, service
marks, patents or other proprietary rights and laws and at the
User's own risk. It is the User's responsibility to ensure that
they are acting in accordance with the above. Animeblogger assumes
no liability in this regard.
Under no circumstances may a User place on their web log software,
music, sound, photographs, video, photographs or other material,
of a pornographic nature. Animeblogger reserves the right to demand
that a User remove any material which Animeblogger has, at its
discretion, deemed to be pornographic. Failure by the User to
comply with any such order in this regard will result in a
termination of service.
7. LINKING:
All Users are required to place an evident link to Animeblogger's
homepage, being http://www.animeblogger.net, Animeblogger's forums,
being http://forums.animeblogger.net/, and AnimeBlogger.net's
Antenna, being http://antenna.animeblogger.net/ on their web log.
This link may be text only or may make use of the provided link
icons provided by AnimeBlogger at http://www.animeblogger.net/icons/.
Users are encouraged to provide an evident link to AnimeBlogger's
donation page (full link information provided on the links icons
page), but this is not required.
8. USER ACCOUNT, PASSWORD, AND SECURITY:
Once you become a User 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; you
may also set up a new account and close an old one at your
convenience. The User agrees to immediately notify the Owner of
any unauthorized use of the User's account or any other breach of
security known to the User.
9. DISCLAIMER OF WARRANTIES:
The User expressly agrees that the use of the service is at the
User's sole risk. The service is provided on an "as is" and "as
available" basis.
The Owner makes no warranty that the service will meet your
requirements, or that the service will be uninterrupted, timely,
secure, or error free; nor does it make any warranty as to the
results that may be obtained from the use of the service or as to
the accuracy or reliability or any information obtained through the
service or that defects in the software will be corrected.
The User understands and agrees that any material and/or data
downloaded or otherwise obtained through the use of the service is
done at the User's own discretion and risk and that the User will
be solely responsible for any damage to said User's computer
system or loss of data that results from the download of such
material and/or data.
10. LIMITATION OF LIABILITY:
The Owner shall not be liable for any direct, indirect, incidental,
or consequential damages, resulting from the use or the inability
to use the service, or messages received or transactions entered
into through the service or resulting from unauthorized access to
or alteration of User's transmissions or data, including but not
limited to, damages for loss of profits, use, data or other such
intangible loss, even if it has been advised of the possibility
of such damages.
11. NO RESALE OF THE SERVICE:
The User agrees not to resell the service, without the express
consent of the Owner. (Note: Setting up Animeblogger web logs for
clients to update their web pages and charging for your time is
fine.)
12. STORAGE AND OTHER LIMITATIONS:
(a) Animeblogger has set no fixed upper limit on the number
or posts the User may send or receive through the service
or the amount of storage spaced used; however, Animeblogger
retains the right, at its sole discretion, to determine
whether or not a User's conduct is consistent with the
letter and spirit of the ATS and may terminate service if
a User's conduct is found to be inconsistent with the ATS.
(b) Animeblogger expects that the User shall be considerate with
respect to their disk usage. Should disk usage become
excessive, the User may be required to lower its usage to
a set level, said level to be at the sole discretion of
the Owner. In extreme cases the Owner may institute a quota.
(c) Animeblogger shall provide image hosting to the User.
Should it be the User's intention to place a significant
amount of images within their posts, the Owner recommends
that the User use a free image hosting service such as
Image Shack ( http://www.imageshack.us/ ) for the storage
and maintenance of said images. This is, however, not
a requirement of Animeblogger.
(d) Animeblogger shall provide to the User both full POP/IMAP
E-mail accounts and forwarding addresses. E-mail usage
with respect to disk usage is subject to the same
regulations as set forth in Paragraph 12(b). In addition,
the Owner recommends that the User download their messages
on a regular basis to prevent excessive disk usage.
(e) Animeblogger reserves the right to request that the User
remove any music, video, zip or other files if said files
are determined to be generating excessive bandwidth usage.
Failure to comply with this request may result in the file
being removed by the Owner. Animeblogger expects the User
to execute discretion and consideration of bandwidth usage
when using the service to post large files.
13. USER CONDUCT:
The User is solely responsible for the contents of his or her
transmissions through the service. The User's use of the service
is subject to all applicable local, state, national and
international laws and regulations.
The User agrees:
(a) to comply with US law regarding the transmission of technical
data exported from the United States through the Service;
(b) not to use the Service for illegal purposes;
(c) not to interfere or disrupt networks connected to the Service;
(d) to comply with all regulations, policies and procedures of
networks connected to the Service;
(e) the service makes use of the Internet to send and receive
certain messages; therefore, the User's conduct is subject to
Internet regulations, policies and procedures. The User 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.
(f) The User agrees not to transmit through the service any
unlawful, harassing, libelous, abusive, threatening, or
harmful material of any kind or nature. The User 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.
(g) The User shall not interfere with another User's use and
enjoyment of the Service or another entity's use and enjoyment
of similar services.
The Owner may, at its sole discretion, immediately terminate
service should a User's conduct fail to conform with these terms
and conditions of the ATS.
14. ADVERTISEMENTS AND AFFILIATE PROGRAMS:
Animeblogger is a free service, and as such Users are prohibited
from placing on their web log advertisements which generate
revenue for the User. Should the User desire to have
advertisements, they must contact the Owner to seek authorization.
In the case where advertisements are permitted by the Owner, the
User and Animeblogger shall each receive 50% of the revenue of
said advertisements, with Animeblogger's portion thereof being
applied to the hosting costs of the service.
15. EXCLUSIONS ON ADVERTISEMENTS:
Animeblogger does not prohibit the placement of advertisements
which benefit registered charities.
16. TERMINATION:
Either the User or the Owner may terminate the service with or
without cause at any time and effective immediately. The Owner
shall not be liable to the User or any third party for termination
of service.
Should the User object to any terms and conditions of the ATS or
any subsequent modifications thereto or become dissatisfied with
the service in any way, the User's only recourse is to immediately
discontinue use of the service.
Upon termination of the service, the User's right to use the
service and its software immediately ceases. The User shall have
no right and the Owner will have no obligation thereafter to
forward any unread or unsent messages to the User or any third
party.
17. GOVERNING LAW
The laws of the State of Tennessee, excluding its conflicts of
law rules, govern this ATS and your use of Animeblogger. Your
use of Animeblogger may also be subject to other local, state,
national, or international laws. You expressly agree that
exclusive jurisdiction for any claim or dispute with Animeblogger
or relating in any way to your use of Animeblogger resides in the
courts of the State of Tennessee.
