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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to
MIMAnet MyWeb! MIMAnet provides the MIMAnet MyWeb service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you; provided that, we will not alter Section 7
("Content Submitted to MIMAnet myWEB") without prior notice to and acceptance
by you. You can review the most current version of the TOS at any time at:
http://www.mimanet.com/docs/webtos.html. Please note that
other MIMAnet services, outside of MIMAnet myWEB, are governed by a different
Terms of Service.
2. DESCRIPTION OF SERVICE
MIMAnet myWEB currently provides users
with access to a rich collection of on-line resources, including personal web
page hosting services (the "Service"). Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the release
of new MIMAnet myWEB resources, shall be subject to the TOS. In order to use
the Service, you must obtain 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
In consideration of use of the
Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or MIMAnet has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, MIMAnet 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).
4. MIMAnet PRIVACY POLICY
Pursuant to MIMAnet's privacy policy, we
will not disclose to third parties any information contained in your
Registration Data or related data. For more information, please see our full
privacy policy at http://www.mimanet.com/docs/privacy.html.
5. MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, 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 MIMAnet, are entirely responsible for all Content that
you upload, post or otherwise transmit via the Service. MIMAnet does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or
objectionable.
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, including, but not limited to, a MIMAnet official, forum leader, guide or host, 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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(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 unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) 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;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) 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. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(o) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond MIMAnet myWEB;
(p) have multiple MIMAnet myWEB addresses that are within the same MIMAnet myWEB neighborhood or that have the same theme; or
(q) engage in commercial activities without enrolling in
MIMAnet-approved affiliate programs. This includes, but is not limited to, the
following activities:
offering for sale any products or services;
soliciting for advertisers or sponsors;
conducting raffles or contests that require any type of entry fee;
displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of the MIMAnet Banner Exchange program and the Internet Link Exchange; and
displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
6. SPECIAL ADMONITIONS FOR 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. CONTENT SUBMITTED TO MIMAnet myWEB
MIMAnet does NOT claim
ownership of the Content you place on your MIMAnet myWEB Site. By submitting
Content to MIMAnet for inclusion on your MIMAnet myWEB Site, you grant MIMAnet
the world-wide, royalty-free, and non-exclusive license to reproduce, and
publish the Content solely for the purpose of displaying, distributing and
promoting your MIMAnet myWEB Site on MIMAnet's Internet properties. This
license exists only for as long as you continue to be a MIMAnet myWEB
homesteader and shall be terminated at the time your MIMAnet myWEB Site is
terminated.
You acknowledge that MIMAnet does not pre-screen Content,
but that MIMAnet 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, MIMAnet and its
designees shall have the right to remove any Content that violates the TOS 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.
8. INDEMNITY
You agree to indemnify and hold MIMAnet, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, 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 TOS, or
your violation of any rights of another.
9. 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.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that
MIMAnet may establish general practices and limits concerning use of the
Service. Currently, each MIMAnet myWEB address allows particular individuals to
have 10MB of disk space for his or her files.
11. MODIFICATIONS TO SERVICE
MIMAnet 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 MIMAnet
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. TERMINATION
You agree that MIMAnet, in its sole discretion, may
terminate your password, MIMAnet myWEB Site, use of the Service or use of any
other MIMAnet service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or if MIMAnet
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. MIMAnet 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 TOS may be effected without prior notice, and acknowledge and
agree that MIMAnet may immediately deactivate or delete your MIMAnet myWEB Site
and all related information and files in your MIMAnet myWEB Site and/or bar any
further access to such files or the Service. Further, you agree that MIMAnet
shall not be liable to you or any third-party for any termination of your
access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
MIMAnet runs advertisements and
promotions on MIMAnet myWEB Sites. By creating your MIMAnet myWEB Site, you
agree that MIMAnet has the right to run such advertisements and promotions. The
manner, mode and extent of advertising by MIMAnet on your MIMAnet myWEB Site is
subject to change. Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that MIMAnet shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
the Service.
14. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because MIMAnet has no
control over such sites and resources, you acknowledge and agree that MIMAnet
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 MIMAnet 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.
15. MIMAnet 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 sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by MIMAnet or advertisers, 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.
MIMAnet grants you a
personal, non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; 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 MIMAnet for use in accessing the Service.
16. 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. MIMAnet 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) MIMAnet 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) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE 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
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIMAnet OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
MIMAnet 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
MIMAnet 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.
18. 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 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If
you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 16 and
17 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. MIMAnet shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted via the Service, and shall not be responsible or liable
for any trading or investment decisions made based on such information.
20. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on the
Service.
21. COPYRIGHTS
MIMAnet respects the intellectual property rights of
others and we ask our users to do the same. Copyright infringement will
constitute a violation of TOS and services would and could be terminated.
Please report copyright infringement to our abuse address
mailto:abuse@mimanet.com, all
information will be kept strictly confidential and used strictly for internal
use only.
22. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and MIMAnet and govern your use of the Service, superceding any
prior agreements between you and MIMAnet or myWEB (including, but not limited
to, any prior versions of the TOS). You also may be subject to additional terms
and conditions that may apply when you use affiliate or other MIMAnet services,
third-party content or third-party software. The TOS and the relationship
between you and MIMAnet shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and MIMAnet
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Alameda, California. The failure of MIMAnet to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS 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 TOS 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 TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in the TOS are for
convenience only and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOS to our abuse
address mailto:abuse@mimanet.com, all
information will be kept strictly confidential and used strictly for internal
use only.