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.