Terms of Service
This Agreement (the "Agreement") governs your access and use of WorldCrossing facilities, bulletin boards and service (the "Service"), owned by Web Crossing, Inc. (Web Crossing). In consideration for your right to access and use the Service, you and Web Crossing agree as follows: 1. ACCEPTANCE OF TERMS By clicking the "I Accept" button below or by using these services, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 16 below. 2. THE SERVICE You understand and agree that the Service is provided "AS-IS" and that Web Crossing assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service. 3. CONTENT ACCESSIBLE ON THE SERVICE You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that Web Crossing is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Web Crossing be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. You acknowledge that Web Crossing does not pre-screen Content, but agree that Web Crossing shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, Web Crossing shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that WorldCrossing believes is otherwise objectionable. You acknowledge and agree that Web Crossing may preserve or disclose any Content if it believes in its sole discretion that disclosure is required by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WorldCrossing, its users and the public. 4. LICENSE GRANTED TO WORLDCROSSING You grant Web Crossing the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on Web CrossingÕs sites and for the promotion and marketing of WorldCrossing's services. However, WorldCrossing will not resell, attempt to resell, or otherwise convey these rights to any third party. 5. USER CONDUCT User conduct standards apply, and are enforceable, regardless of Premium or Basic membership status. No refund shall be given to Premium members whose accounts are terminated or who are otherwise disciplined for user conduct violations before their Premium membership expires. You agree to not use the Service to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; (c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities; (3) violates or infringes in any way upon the proprietary rights of others; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses 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; or (7) you do not have a right to upload or post due to contractual or other legal obligation; (d) interfere with or disrupt the Service, computer servers or boards accessible through the Service. If you do use the Service to commit any of the above, Web Crossing may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service. 6. MEMBER DISPUTES You are solely responsible for your interactions with other users of the Service. Web Crossing reserves the right, but has no obligation, to monitor disputes between you and other users of the Service. 7. CREATION OF BOARDS In using the Service to create or make accessible a board, you agree to use your best efforts to ensure that individuals posting Content to the board comply with Paragraph 6 of this Agreement, and agree to take action to remove or disable access to any Content on the board that violates Paragraph 6 of this Agreement. 8. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE You agree that Web Crossing may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service and that Web Crossing has the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 9. MODIFICATION AND TERMINATION OF SERVICE Web Crossing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Web Crossing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Web Crossing, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Web Crossing shall not be liable to you or any third-party for any termination of your use or ability to access the Service. You agree that if you have paid for Premium Membership, you will not receive a full or partial refund if your account is terminated. 10. OTHER WEB SITES AND RESOURCES Third parties using the Service may provide links or access to other web sites and resources. Because Web Crossing has no control over such sites and resources, you acknowledge and agree that Web Crossing is not responsible for the availability of such 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 Web Crossing 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. 11. 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. WEB CROSSING 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) WEB CROSSING MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND 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 THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY WEB CROSSING. 12. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEB CROSSING 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 WEB CROSSING 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. 13. 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 SECTION 11 MAY NOT APPLY TO YOU. 14. INDEMNITY You agree to indemnify and hold Web Crossing, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another. 15. NOTICES Notices to you may be made via either email or regular mail. Web Crossing may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service. 16. LEGAL DISPUTES This Agreement and your relationship with WorldCrossing shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Web Crossing agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco California, USA 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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 17. MODIFICATION We may amend this Agreement at any time by posting the amended terms on our site. Your use of the Service following the modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of Web Crossing. 18. GENERAL This Agreement constitutes the entire agreement between you and Web Crossing with respect to the Service and supersedes all prior agreements and understandings between you and Web Crossing. Web CrossingÕs failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Submitting A Complaint/Legal Issue All complaints and requests for action must be submitted via electronic (for fastest response) or physical mail; we cannot respond to telephone complaints. Under United States federal law (47 U.S.C. ¤230), services like WorldCrossing are not liable for content posted to their services by third parties. Accordingly, Web Crossing may choose not to remove postings based on allegations of abuse without legal process that Web Crossing reasonably believes compels a response. By contrast, where a party presents a court order establishing that particular content is abusive and should be removed, Web Crossing will respond as it believes appropriate. We will also respond appropriately to intellectual property claims, and may remove any post as we see fit, in accordance with our Terms of Use.
Privacy Policy
When you register as a member of World Crossing(TM), we ask that you provide your e-mail address. You might occasionally receive e-mail from World Crossing(TM) if we need to contact you about your account or any forums you host at World Crossing(TM). If you host a forum, you might also receive occasional news updates about the World Crossing(TM) service by e-mail. We will not provide your e-mail address or other personal information about you to any third party. We may use your e-mail address to "pre-populate" some advertisers' forms (fill out the forms beforehand so you don't have to type so much). If you do not submit the form, your e-mail address will not be sent to the advertiser. Whether or not you give the advertiser your email address when you submit the form is entirely up to you. However, you should be aware that if you post messages in a World Crossing(TM) forum, your e-mail address will be visible to anyone who reads the forum. The "Preferences" page invites you to enter additional information about yourself, including a personal introduction and a portrait. This is entirely optional. If you do provide such information, be aware that it is potentially visible to all other users of World Crossing(TM), so you should consider it to be public information. If you operate a forum directed to children under 13, or if you operate a general audience forum and have actual knowledge that children use it, you must comply with the Children's Online Privacy Protection Act. http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.htm
© Copyright 1999-2005
Web Crossing, Inc.
All Rights Reserved
