TERMS OF SERVICE, CONDITIONS AND POLICIES
1. ACCEPTANCE OF TERMS OF SERVICE, CONDITIONS AND POLICIES
AdBay.net provides its Website service subject to the following Terms Of Service, Conditions And Policies ("TOSCAP").
The TOSCAP exists in order to preserve, maintain and evolve AdBay.net Service and Software for the benefits of the user towards the general welfare of the viewer. Plainly, AdBay.net accepts family-suitable content, using the assigned features of a subscribed Website, within limits to be governed by AdBay.net. AdBay.net will be the final judge as to the appropriateness and usage limits of a Website.
2. DESCRIPTION OF SERVICE
AdBay.net currently provides users with access to on-line resources, including web page/web site creation and hosting services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOSCAP. In order to use the Service, you must have 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. YOUR REGISTRATION OBLIGATIONS
Plainly, AdBay.net needs your correct E-mail to contact you in order to service you. Therefore:
In consideration of use of the Service, you agree to: (a) provide a true, accurate, current and operating E-mail address that is yours, prompted at the Sign In form and (b) maintain and promptly update your E-mail address on the Contact/Login Information page form or User Info page form to keep it true, accurate, current and operational. If you provide E-mail information that is untrue, inaccurate, not current, incomplete or nonfunctional, or AdBay.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or nonoperational, AdBay.net has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
AdBay.net reserves the right to refuse service to anyone at its sole discretion.
5. USER CONDUCT
You understand that all information, data, text, photographs, graphics, sound, video, software, music, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AdBay.net, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. AdBay.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 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 or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) 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;
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) 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;
(h) 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;
(i) intentionally or unintentionally violate any applicable local, state, national or international law;
(j) "stalk" or otherwise harass another;
(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, or destruction of property.
(l) upload, post or otherwise transmit any Content that is "Adult Material." (See 7. ACCEPTABLE CONTENT AND POLICY)
6. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. ACCEPTABLE CONTENT AND POLICY
All content must be "family safe" and "G" rated. Websites may not contain content containing or related (but not limited) to: vulgarity, violence, hate, cruelty, illegal activity, destruction of property, and references of a sexual nature. Any such references are not considered acceptable content and the Website or its content may be removed without notice. AdBay.net will be the final judge as to the appropriateness of the content.
Specifically, sites may not include:
AdBay.net reserves the right to reject any Website content at its sole discretion.
- Violent content, racial intolerance, or advocacy against any individual, group, or organization
- Pornography, adult, or mature content
- Hacking/cracking content
- Illicit drugs and drug paraphernalia
- Excessive profanity
- Gambling or casino-related content
- Content regarding programs which compensate users for clicking on ads or offers, performing searches, surfing websites, or reading emails
- Excessive, repetitive, or irrelevant keywords in the content or code of web pages
- Deceptive or manipulative content or construction to improve your site's search engine ranking, e.g., your site's PageRank
- Sales or promotion of weapons or ammunition (e.g., firearms, fighting knives, stun guns)
- Sales or promotion of beer or hard alcohol
- Sales or promotion of tobacco or tobacco-related products
- Sales or promotion of prescription drugs
- Sales or promotion of products that are replicas or imitations of designer goods
- Sales or distribution of term papers or student essays
- Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others
Users who do not adhere to the Acceptable Content And Policy are subject to removal from the Service.
8. CONTENT SUBMITTED TO AdBay.NET
AdBay.net does not claim ownership of the Content you place on your AdBay.net Website. By submitting Content to AdBay.net for inclusion on your AdBay.net Website, you grant AdBay.net the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your AdBay.net Website on AdBay.net's Internet properties. This license exists only for as long as you continue to be a AdBay.net user and shall be terminated at the time your AdBay.net Website is terminated.
You acknowledge that AdBay.net does not pre-screen Content, but that AdBay.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, AdBay.net and its designees shall have the right to remove any Content that violates the TOSCAP 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.
9. SUBSCRIPTION CANCELLATION POLICY
AdBay.net Website subscriptions run on a monthly or yearly basis. Except as stated in the TOSCAP, the cancellation of a site subscription is at the discretion of its subscriber. AdBay.net does not offer prorated refunds on a cancelled subscription with days remaining in its current monthly or yearly hosting cycle.
10. SPAMMING POLICY
AdBay.net does not tolerate the illegal sending of unsolicited email (SPAM), for example, in the promotion of your Website. AdBay.net reserves the right to cancel any user for abuse of this policy. AdBay.net is the sole judge in determining what constitutes SPAM.
You agree to indemnify and hold AdBay.net, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, owners 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, your use of the Service, your connection to the Service, your violation of the TOSCAP, or your violation of any rights of another.
12. 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.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AdBay.net may establish general practices and limits concerning use of the Service at its sole discretion.
14. MODIFICATIONS TO SERVICE
AdBay.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. You agree that AdBay.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that AdBay.net, at its sole discretion, may terminate your password, AdBay.net Website, use of the Service or use of any other AdBay.net service, and remove and discard any Content within the Service, for any reason, if AdBay.net believes that you have violated or acted inconsistently with the letter or spirit of the TOSCAP. AdBay.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 TOSCAP may be effected without prior notice, and acknowledge and agree that AdBay.net may immediately deactivate or delete your AdBay.net Website and all related information and files in your AdBay.net Website and/or bar any further access to such files or the Service. Further, you agree that AdBay.net shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AdBay.net has no control over such sites and resources, you acknowledge and agree that AdBay.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AdBay.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. AdBay.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 information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AdBay.net or third party conjuctive resources, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
AdBay.net grants you a personal, non-transferable and non-exclusive right and license to use its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AdBay.net for use in accessing the Service.
18. 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. AdBay.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) AdBay.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) 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AdBay.NET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOSCAP.
19. LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT AdBay.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 AdBay.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.
(b) AdBay.NET DOES NOT GUARANTEE THAT THE AdBay.NET WEB SITE WILL BE AVAILABLE 100% OF THE TIME. IF AdBay.NET IS UNABLE TO PROVIDE THE SERVICE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO SERVICE OUTAGES, WAR, ACTS OF GOD OR NEGLIGENCE, NEITHER AdBay.NET OR ITS OWNERS CAN BE HELD LIABLE FOR ANY COSTS.
20. 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 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via email. The Service may also provide notices of changes to the TOSCAP or other matters by displaying notices or links to notices to you generally on the Service.
AdBay.net respects the intellectual property rights of others and ask AdBay.net users to do the same.
23. GENERAL INFORMATION
The TOSCAP constitute the entire agreement between you and AdBay.net and govern your use of the Service, superceding any prior agreements between you and AdBay.net or (including, but not limited to, any prior versions of the TOSCAP). You also may be subject to additional terms and conditions that may apply when you use affiliate or other AdBay.net services, third-party content or third-party software. The TOSCAP and the relationship between you and AdBay.net shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and AdBay.net agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah, Oregon. The failure of AdBay.net to exercise or enforce any right or provision of the TOSCAP shall not constitute a waiver of such right or provision. If any provision of the TOSCAP 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 TOSCAP 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 TOSCAP must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOSCAP are for convenience only and have no legal or contractual effect.
The TOSCAP is subject to periodic review and may be updated at any time.
By using or continuing to use the Services and Software of this site, you agree to the TOSCAP set forth here and above.