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FREE HOSTING - TERMS OF SERVICE |
T35 Hosting is not a place to put:
- Pornographic content or direct links to
pornographic websites
- Pirate software/mp3 or links to it.
- Large/numerous files primarily for storage
purposes and not made viewable to the public through html pages.
- Any content that is considered inappropriate at
the sole discretion of T35 Hosting
Welcome to T35 Hosting. We at T35 Hosting do our
best to create an environment in which individuals of many
different backgrounds are able to express themselves through
personal publishing, building a climate within which we can all
discuss the issues that face us in daily life, or just be
entertained. It is the goal of these Terms of Service to outline
the responsibilities of those who participate in the T35 Hosting
community. The T35 Hosting Membership Guidelines and Terms of
Service are available at http://www.t35.com/tos.htm
1. T35 Hosting Services and Conditions of Use
These Terms of Service govern the use of the T35
Hosting Web Site (www.t35.com), hereafter referred to as the
"Site" or "T35". The term "T35 Hosting" shall be used to refer
to T35. The Site provides registered members (each a "Member")
with access to content and services ("Membership"). T35 Hosting
may, at its discretion, add, delete, or modify the Terms of
Service without notice. By registering as a Member, you agree to
use the Site in a manner consistent with all applicable local,
state and federal laws and regulations and in accordance with
the Terms of Service discussed below.
Basic T35 Hosting services and content are available
FREE OF CHARGE, exclusive of other Internet or other
telecommunications fees.
Even though the aggregate bandwidth you may use is
not limited, your web site must be used primarily for the
display of HTML pages, and the total amount of data transferred
from your web site space may not exceed one megabyte for every
two html page views. All use of web site space shall be subject
to all the terms and conditions set forth herein. T35 Hosting
retains the authority to restrict your website as to file types
and size, and to restrict transfer rates or amounts.
Members shall not attempt to defeat such features in
any manner. Any conduct that causes a member page to not display
T35 Hosting ads correctly shall be grounds for termination of
membership.
T35 Hosting reserves the right to delete any page at
any time for any reason or no reason at all.
T35 Hosting may terminate any Membership (and any
and all related information, communications, postings, or Web
pages) at any time, without notice, for conduct that violates
local, state or federal laws or regulations, these Terms of
Service or other policies or guidelines set out by T35 Hosting
elsewhere on the Site, or for material that T35 Hostingin its
sole discretion believes is harmful to other Members, the
business of T35 Hosting, or other third-party information
providers. Individuals who have had their Memberships terminated
may not continue to utilize member privileges in any manner or
for any reason without the express written permission of T35
Hosting.
2. Terms of Membership
a) Membership is available to anyone over the age of
13 who registers and accurately provides all the required
information, provides a legitimate electronic mail address and
obtains a unique T35 Hosting Member Name and password.
Membership is non-transferable. T35 Hosting does not
discriminate on the basis of age, gender, race, ethnicity,
nationality, religion, or sexual orientation. Children under the
age of 13 can only register with the express consent of a parent
or guardian.
b) T35 Hostingallows one Membership per individual
with a legitimate electronic mail address.
c) Please be courteous when selecting your T35
Hosting Member Name. T35 Hosting does not permit the use of
vulgar or offensive language for your Member Name. You may not
use the name of any person other than yourself, the name of any
entity or organization, or any term that is a trademark, service
mark, or copyright, or that violates any other proprietary right
held by another. T35 Hosting may, at its discretion and without
notice, delete or revoke any Membership associated with a Member
Name of this nature.
3. Member Web Pages
a) T35 Hosting provides Members with Web pages (a
"Member Web Page") and the associated storage as a free service
to Members. T35 HostingMember Profiles are intended to be brief
descriptions of Members and the content contained in Member
Profiles must conform to the same content standards set forth in
the Member Content Guidelines.
b) T35 Hosting is not responsible for the content of
any Member Web Page, and the views expressed on T35 Hosting
Member Web Pages are the responsibility of the posting Member
and not T35 Hosting. T35 Hostingdoes not preview Member Web
Pages in any way before they appear on the Member Area of the
Site. The selection of a site for inclusion in a specialized
section of the Member Area does not imply an endorsement of that
site or its content by T35 Hosting.
c) By submitting a Member Web Page to T35 Hosting,
you grant T35 Hosting a royalty-free license to copy and
distrubute the content for the LIMITED purposes of backing up
content, moving data in case of server/ISP upgrades, and other
background maintenance work.
4. T35 Hosting Member Web Page and Member Conduct
Guidelines
The following is a non-exclusive list of actions and
content that are prohibited on the Site. T35 Hosting may cancel
any Membership associated with such actions or content or may
remove any associated Member Web Page with or without prior
notice, in its sole discretion.
a) Any use of copyrighted, trademarked, patented or
servicemarked material without the express permission of the
author or owner, the commission of any acts of copyright,
trademark, patent, trade secret or other intellectual property
infringement, or contributing to, inducing, or facilitating such
infringement. This prohibition shall include, without
limitation, the following forms of software piracy:
i) Making available copyrighted software which has
been "cracked", for example, the copyright protection has been
removed from the software;
ii) Making available serial numbers for software
that can be used to illegally validate or register software;
iii) Making available tools that can be used for no
purpose other than for "cracking" software (this does not
include tools that have legitimate uses for software developers,
system administrators, etc.);
iv) Making available any software files for which
the user does not own the copyright or have the legal right to
make available.
b) Material concerning any software, information or
other material that contains a virus, corrupted data or any
other harmful or damaging component.
c) Material that exploits the images of children
under 18 years of age, or that discloses personal identifying
information belonging to children under 18 years of age. T35
Hosting reserves the right to report violations of this
provision to, and will cooperate with, law enforcement
authorities.
d) Material that is, in T35 Hosting' view, grossly
offensive to the T35 Hosting Community, including, but not
limited to clear expressions of bigotry, racism, or other hate
speech, or threats of violence.
e) Pages that promote illegal activity and any
promotion of or provision of instructions for illegal activity.
f) Material that defames, abuses, or threatens
others or is libelous.
g) Material that is invasive of privacy or publicity
rights, including posting another person's private information.
h) Material that (i) depicts sexual content or
nudity; (ii) is contrary to customary standards for material
suitable for public display; and (iii) lacks serious literary,
artistic, political, educational, or scientific value.
i) Use of a Member Web Page as storage for remote
loading, or as a door or signpost to another home page.
j) Creation of a Member Web Page that contains
hyperlinks to content not permitted on T35 Hosting.
k) Transmission of unsolicited advertising,
promotional materials, or other forms of solicitation via email
or news groups that lists a Member Web Page.
l) Development of Member Web Pages that restrict
access to pages through the use of password protection or other
means, other than through services provided by T35 Hosting.
m) Misrepresentation of your identity or
impersonation of any person including, but not limited to,
employees of T35 Hosting.
n) Use of T35 Hosting for the purpose of gathering
personal identifying information from individuals for commercial
or unlawful purposes.
o) Acting in a manner that disrupts the flow of
normal conversation in a chat room including, but not limited
to, the harassment of other members, the excessive use of
vulgarity, or the use of hate speech.
p) Conduct that is deemed by T35 Hosting, in its
sole and absolute discretion, harmful to T35 Hosting, any third
party content provider, or other individuals.
q) Materials regarding or links to any raffle,
contest or game requiring payment of a fee by participants.
r) If there is no activity related to a Member Web
Page for ninety days.
s) Any use of a Member Web Page in connection with
"spamming" or the sending of unsolicited messages.
All judgments concerning the application of these
guidelines are made at the sole and absolute discretion of T35
Hosting.
If, in its sole discretion, T35 Hosting determines
that law enforcement officials should be notified regarding any
Member Web Page, T35 Hosting will provide copies of the Member
Web Page in question to the appropriate officials without notice
to the user. T35 Hosting will cooperate with all law enforcement
efforts to locate persons who have posted Member Web Pages that
are illegal or that promote illegal conduct. This may result in
T35 Hosting disclosing to law enforcement officials user
information and Internet protocol addresses pursuant to a
subpoena or court order or, in circumstances where T35 Hosting
in its sole discretion deems appropriate, at the request of law
enforcement officials.
5. Reporting a Violation of these Terms of
Service
If you witness a violation of these guidelines,
please notify us at abuse@T35 Hosting. Complaints may be
investigated by T35 Hosting but T35 Hosting is under no
obligation to act or not act with regards to any complaint. Any
action taken will be at the sole discretion of TopCities.
It is the policy of T35 Hosting to respond
expeditiously to claims of intellectual property infringement.
T35 Hosting will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. Upon receipt of notices complying or
substantially complying with the DMCA, T35 Hosting will act
expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of
infringing activity and will act expeditiously to remove or
disable access to any reference or link to material or activity
that is claimed to be infringing. T35 Hosting will terminate
access for subscribers and account holders who are repeat
infringers.
Please put "Notice of Infringement" in the subject
line of all such notifications.
When T35 Hosting removes or disables access to any
material claimed to be infringing, T35 Hosting may attempt to
contact the user who has posted such material in order to give
that user an opportunity to respond to the notification,
although T35 Hosting makes no promise to do so. Any and all
counter notifications submitted by the user will be furnished to
the complaining party. T35 Hosting will give the complaining
party an opportunity to seek judicial relief in accordance with
the DMCA before T35 Hosting replaces or restores access to any
material as a result of any counter notification.
If T35 Hosting becomes aware of the presence of
material on its server that violates any other right of any
party, either in the course of its ordinary and reasonable
business activities, or through notification by a third party
who alerts T35 Hosting, preferably by certified mail, of the
specific location of the alleged presence of such materials, T35
Hosting will contact the member responsible for the material and
alert him or her of the allegations and notify the person that
within five days he or she must respond as to why the material
does not violate the rights in question. T35 Hosting also will
alert the Member that, absent such a response, T35 Hosting
reserves the right to delete the Member Web Page; and, if the
member fails to respond within five days, T35 Hosting will make
a decision whether to remove the Member Web Page. In all cases,
if in its sole and absolute discretion, T35 Hosting concludes
that one of the Member Web Pages violates the rights of any
other party, T35 Hosting reserves the right to delete the
offending Member Web Page at any time without prior notice.
6. Privacy
T35 Hosting knows that if our dream of creating a
vital online community is to come true, we must do everything we
can to develop and maintain that old-fashioned village sense of
trust. This statement discloses the privacy practices for the
Site. Questions regarding this statement should be directed to
T35 Hosting Membership Services at account@T35 Hosting for
clarification.
Our Privacy Vow
We at T35 Hosting believe that strong electronic
privacy is crucial for the ongoing success of the Internet as a
service, commercial, and entertainment medium but we do need to
understand user behavior in order to server you better. To
achieve this goal, we need to understand what differentiates you
from each of our millions of other unique users. We collect
information in two ways: registration and cookies.
Registration
T35 Hosting gathers information about our Members
that allows us to offer compelling services and easily
accessible online content in a manner that provides personal
privacy protection as well. When you join T35 Hosting we ask you
to provide us information such as your first and last name, zip
code, email address, and country. We ask these questions in the
event that we need to verify your identity for security
purposes.
Cookies
As a standard practice, T35 Hosting assigns a random
number to each user for anonymously tracking content preferences
and traffic patterns. This random number lets us keep track of
"How many" times customers are doing specific things - like
visiting our site each month - without really knowing who those
customers are. This random number is kept in a file on your
computer called a "cookie." Cookies are pieces of information
that Web sites transfer to your computer's hard drive for
record-keeping purposes. T35 Hosting uses cookies to make
visiting the Site easier. Cookies allow us to save passwords and
preferences for you so that you won't have to re-enter them the
next time you visit. Cookies, by themselves, cannot be used to
determine the identity of any user: Unless you specifically tell
us, T35 Hosting will never know who you are.
In addition, third party advertising networks may
issue cookies when serving advertisements. The use of cookies is
now an industry standard, and you'll find them used on most
major web sites. Most browsers are initially set up to accept
cookies. If you prefer, you can restart your browser either to
notify you when you've received a cookie, or to refuse to accept
cookies. You should understand that areas of certain sites will
not function properly if you set your browser to not accept
cookies.
Use of Information
Any information you provide to T35 Hosting when
registering for T35 Hosting's products and services is
maintained and accessible only by T35 Hosting and only a few of
T35 Hosting's service providers. We use the information
collected to provide you the best products and service on the
Web and the ability to personalize portions of our site. Some of
these personalized services are made available directly by T35
Hosting. In other instances it is our service providers who
provide these tailored services.
We analyze search habits in hope of presenting our
users with the most relevant and valuable advertising
information. We develop summary - not individual - reports for
our advertisers. The advertisers who make it possible for you to
use T35 Hosting for free need information to determine the
effectiveness of their advertising investments. We never tell
our advertisers who it was that saw or clicked on their
advertisements unless you have specifically told us this is
acceptable.
Occasionally, we will send you communications via
email providing you useful information about product
enhancements or new products and services. It is our policy only
to send email to customers who give us permission to do so.
Instructions for unsubscribing are included in these emails. For
further instructions, please see the "Opt-out Policy " below.
Except as described in this Privacy statement, T35
Hosting will not disclose any information about any individual
user except to comply with applicable law or valid legal process
or to protect the personal safety of our users or the public.
Sharing of Information
Except as described in this Privacy statement, T35
Hosting will never willfully disclose individually identifiable
information about its customers to any third party without first
receiving that customer's permission. The individually
identifiable information that you provide will be used
extensively within the T35 Hosting to provide a personalized
experience to you. It will also be shared with T35 Hosting's
partners that provide some of the personalized content on our
site (see "Use of the Information" above for some examples) and
other third parties unrelated to offerings on the T35 Hosting,
but only if you have given your permission for this to occur.
Our privacy guarantee to you remains unchanged.
Opt-Out Features
T35 Hosting believes its users should control the
communications directed to them. Every time we collect name and
address information about you:
* You can tell us if you don't want to receive
communication from T35 Hosting such as email newsletters
announcing contests or new features
* You can tell us if you don't want to receive
communication from third-party companies who offer a product or
service that we think would be of value to you.
Deleting/Delist
Currently, as a T35 Hosting member you can reach our
Membership Services Department (account@T35 Hosting) to delete
or deactivate your information from the database.
7. Limitations of Liability and Warranty
a) THE MEMBER AGREES THAT THE USE OF THE SITE IS
ENTIRELY AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED FREE OF
CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, T35 HostingDISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINES, AND
PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
T35 Hosting DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS
PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE
SITE. NEITHER T35 HostingNOR ANY THIRD-PARTY CONTENT PROVIDER
MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION,
SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH
THE SITE.
b) UNDER NO CIRCUMSTANCES SHALL T35 Hosting BE
LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF
THE SITE OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF
T35 Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR RELIANCE ON THE
SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON
THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED
ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH
ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION
SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
c) T35 Hosting MAKES NO IMPLIED OR EXPRESS
REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR
ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE
FACILITIES. T35 Hosting IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED
BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO
BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS
ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR
PAGES, IN THE CASE OF PREMIUM MEMBERSHIPS, T35 Hosting's ENTIRE
LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PREMIUM
MEMBER'S MOST RECENT MEMBERSHIP FEE PAYMENT.
d) The Member specifically agrees that T35 Hosting
and third party content providers are not liable for any conduct
by Members associated with the Site, including, but not limited
to, Member Web Pages, resumes, Member Profiles, surveys, chat
rooms, or conferencing.
e) T35 Hosting and third-party content providers
make no guarantee of the accuracy, correctness, or completeness
of any information on the Site and are not responsible for (i)
any errors or omissions arising from the use of such
information; (ii) any failures, delays, or interruptions in the
delivery of any content or services contained within the Site;
or (iii) losses or damages arising from the use of the content
or services provided by the Site.
f) T35 Hosting is not responsible for the delivery
of any goods or services sold or advertised through its
sponsors, advertisers or its members' commercial home pages or
affiliate program pages.
g) T35 Hosting makes available certain information
provided by third parties related to various professional fields
such as medicine, law, and accounting. T35 Hosting does not give
advice in any such fields and in no way endorses any of the
information provided in this manner. If you intend to use any
such information, you should carefully re-read capitalized words
set forth above, as they will have special importance for you.
All information made available through the Site is made
available subject to these Terms of Service, including this
Section X. T35 Hosting STRONGLY SUGGESTS THAT YOU SEEK ADVICE
FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY
PROFESSIONAL FIELD.
8. Indemnity and Release
Each Member agrees to indemnify T35 Hosting and any
third-party content provider against any and all claims and
expenses, including attorneys' fees, arising from the Member's
use of the Site. This includes, without limitation: (i) Member's
responsibility for any and all liability arising from the
violation or infringement of proprietary rights, copyrights,
trademarks, or servicemarks and (ii) Member's responsibility for
any and all liability arising from any libelous or unlawful
material contained within Member Web Pages, resumes, profiles,
or postings.
By using the Site you are hereby agreeing to release
T35 Hosting and its affiliates, officers, and employees from any
and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature
whatsoever, whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against them arising
out of or in any way related to such disputes and/or to our
products and services. You hereby agree to waive all laws that
may limit the efficacy of such releases.
9. Choice of Law
This Agreement shall be constructed and controlled
by the laws of New Jersey, without regard to its conflict of law
provisions. Any dispute arising hereunder will be governed by
the laws of New Jersey. Each Member agrees to personal
jurisdiction by tile state and federal courts of British
Columbia.
10. Merger Clause
These Terms of Service constitute the entire
agreement between the parties with respect to the subject matter
contained herein and supersedes any other agreement, proposals
and communications, written or oral, between T35 Hosting
representatives and each Member with respect to the subject
matter hereof. T35 Hosting may amend these Terms of Service at
any time without notice.
We hope your enjoyment of T35 Hosting's services and
content will be enhanced by the application of the Terms of
Service outlined in this document. It is our belief that you
understanding of the guidelines that we have sent forth will
allow the T35 Hosting community to continue to be a place where
each of us can prosper, grow, and enjoy ourselves within an open
and non-threatening environment. Thank you for taking the time
to read the T35 Hosting Terms of Service and we hope you enjoy
our services. |
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