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ACCEPTANCE OF TERMS
ProBlogs.com reserves the right to update and change the TOU from time to time without notice or acceptance by you.
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, ProBlogs.com trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without ProBlogs.com express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a ProBlogs.com name, trademark, URL, or product name without ProBlogs.com's express written consent.
If you accept the End User License Agreement, you will be granted a limited license to install and use the Software subject to its terms and conditions.
USE OF MATERIALS
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this TOU is strictly prohibited. Making modifications to the Materials (unless such modifications are allowed through the Site, the Services or the Software) or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.
ADDITIONAL REQUIREMENTS TO USE THIS SITE AND THE SERVICES
You are responsible for maintaining the confidentiality of your user name, password and Account, and are fully responsible for all activities that occur under your password or account You agree to (a) immediately notify ProBlogs.com of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. ProBlogs.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site, the Software or the Services under your user name and password.
In consideration of use of this Site and the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services's registration form, and (b) maintain and promptly update your Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ProBlogs.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ProBlogs.com has the right to suspend or terminate your Account and refuse any and all current or future use of this Site, the Software and/or the Services (or any portion thereof).
Registering an Account for certain features of the Services may require the submission of a credit card number as well as other information such as your email address or mailing address.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that the technical processing and transmission of the Software and the Services, and Content you have submitted through the Services, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in ProBlogs.com's sole discretion as to what action should be taken.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), 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 ProBlogs.com 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 Services;
(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, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(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) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(j) 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;
(k) "stalk" or otherwise harass another;
(l) 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, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) ProBlogs.com determines, in its sole discretion, is inappropriate for sale through the Services provided by ProBlogs.com;
(n) use the Site or the Services as a forwarding service to another website;
(p) take any steps to interfere with or in any manner compromise any of ProBlogs.com's security measures;
(q) use the Software or this Site for fraudulent purposes;
(r) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(s) sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third party web site or service;
(t) copy the Software (other than as provided under United States copyright laws);
(u) remove any proprietary notices from this Site, the Software or any copy thereof;
(v) cause, permit or authorize the modification, creation of derivative works, or translation of this Site or the Software without the express permission of ProBlogs.com;
(w) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software including, without limitation, through sublicense, to any other person or entity;
(x) export or re-export the Software in violation of United States export laws;
(y) attempt to decompile, reverse engineer, disassemble, modify or hack this Site or the Software, or to defeat or overcome any encryption and/or digital rights management technology implemented by ProBlogs.com with respect to this Site, the Software and/or data transmitted, processed or stored by ProBlogs.com, this Site or the Software;
(z) use this Site or the Software for any commercial purpose or for the benefit of any third party or in any manner not permitted by this TOU, or otherwise exceed the scope of the Services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).
If any user is reported to be in violation with the letter or spirit of this TOU for any Term, ProBlogs.com retains the right to terminate such account at any time without further warning.
RESALE OF SERVICES
GENERAL PRACTICES REGARDING USE AND STORAGE
MODIFICATIONS TO THIS SITE, THE SOFTWARE AND THE SERVICES
NOTIFICATION OF COPYRIGHT INFRINGEMENT
ProBlogs.com will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, please notify ProBlogs.com.
ProBlogs.com PROPRIETARY RIGHTS
Submission of Unsolicited Ideas and Information
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THIS SITE, THE SOFTWARE AND THE SERVICES IS AT YOUR SOLE RISK. THIS SITE, THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ProBlogs.com 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.
LIMITATION OF LIABILITY
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE, THE SERVICES OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SERVICES AND THE SOFTWARE.
EXCLUSIONS AND LIMITATIONS
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