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Before your User Group
will be able to use apcug.org for your web page hosting, you will need to
read and agree to the following:
APCUG User Group Web Site Hosting Agreement
APCUG
currently offers to host its members web sites on APCUG servers. The
following agreement governs all use of APCUG's Web Site Hosting services.
If you want a Web Site for your User Group you must read this agreement,
and then at the bottom of the agreement and click forward to the On-Line
services agreement page.
1. Terms of Service
APCUG
and all of its services (the "Service") are provided to you under
this Terms of Service and any operating policies that APCUG may establish
(the "Agreement"). APCUG may make changes to this Agreement and
your continued use of the Service constitutes your acceptance of any such
changes. Notice of changes will be posted on the site.
The Service is free, However APCUG reserves the right to charge for its
Service in the future. APCUG reserves the right to modify or discontinue
the Service, or any features of the Service, temporarily or permanently,
without notice to you, and you agree that APCUG is not liable to you should
it do so.
You agree not to resell for commercial purposes APCUG's Service or use of
or access to the Service.
You agree to provide accurate, current and complete information to APCUG
when you register and to let APCUG know of any changes. Failure to do so
may result in termination.
Disclosure of
Registration and Other Information
APCUG
will not disclose personally identifiable information about you or your
private communications (i.e., content transmitted on private, non-public
lists) to third parties, unless APCUG believes such disclosure is
reasonably necessary to: (1) comply with the law or legal process; (2)
protect or defend the rights or property of APCUG or others; (3) enforce this
Agreement; (4) respond to claims that the contents of any communications
violate the rights of others; or (5) as otherwise provided in the
Agreement.
From time to time, APCUG does disclose aggregate user demographic data to
advertisers or other third parties.
APCUG may access your web site and related communications for technical
processing and to address technical problems or service complaints.
2. Prohibited Conduct
You
agree that you will not use APCUG's Service to transmit, disseminate or
upload:
(1) unlawful, harassing, libelous, tortious, abusive, threatening, or
obscene communications of any kind, or materials which infringe or violate
any third party's copyright, trademark, trade secret, privacy or other
proprietary or property right, or that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable law or
regulation; or, that are otherwise objectionable, including without
limitation, content that contains blatant bigotry, racism, or hatred, or that
promotes illegal activities or physical harm against anyone; (2) spam,
chain letters, junk mail or any other type of unsolicited mass e-mail to
people or entities who have not agreed to be part of such mailings;
(3) viruses or other harmful, disruptive or destructive files; or,
(4) content containing material reasonably likely to be deemed pornography
under applicable law, and you agree that we may be more risk-averse than
you are as to such matters and agree to conform to our judgment if we
disagree
You further agree: (a) that you will not disrupt or interfere with another
subscriber's use or enjoyment of APCUG's Service; (b) that you will not use
or attempt to use another person's or entity's account, service or system
without authorization from the owner, nor will you disrupt or interfere
with the security of, or otherwise abuse, APCUG's Service, system resources
or accounts, or any servers or networks connected to the Service; (c) that
you will not attempt to obtain unauthorized access to APCUG's Service, or
to other web sites on the Service; (d) that you are solely responsible for
your actions in relation to APCUG's Service, and for any communications
transmitted under your account; (e) that you will not impersonate another
or create a false identity; (f) that you will not systematically extract,
collect or harvest, through electronic means or otherwise, any data or data
fields, including without limitation, lists, list owner identities, or
email addresses, from APCUG's servers; (g) that you will comply with all
laws relating to the transmission of technical data or software exported
from the United States; and, (h) that you will comply with all applicable
local, state, national and international laws and regulations, including
without limitation those related to privacy and data collection.
You further agree not to jeopardize APCUG's 501(c)(3) status with the
Internal Revenue Service of the United States government (IRS).
A summary of activities that the IRS does not allow 501(c)(3) organizations
to participate in is posted at IRS.GOV . If in the opinion of the APCUG
Board of Directors a member web site is jeopardizing APCUG's 501(c)(3)
status, the site will be immediately terminated.
You agree that APCUG may in its sole discretion remove any material that
appears to violate any of the foregoing, and that it may immediately limit
or terminate your account or access if it appears you have violated these
provisions.
3. Termination
You
agree APCUG may in its sole discretion may change, terminate or bar access
to your web site, with or without notice to you and without any liability
to you or any third party. You may also terminate your account for any
reason. To do so, please send an email to ols@apcug.net.
Termination will prevent you from using APCUG's Service. You agree that
upon termination APCUG may immediately delete and bar access to any content
or files in your account, including email messages, and cancel your
subscription to any and all lists.
The following provisions of the Agreement survive its termination:
Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and
Indemnification.
4. Proprietary Rights
Content
available through APCUG - including, without limitation, text, graphics,
software, music, sound, photographs, and videos, and any content provided
by any third party - is protected by copyrights, trademarks, service marks,
patents or other proprietary rights or laws. You may download one copy of
this content for your personal use only, as long as you keep all copyright
and other proprietary notices intact, but are prohibited from any other use
except as expressly authorized by APCUG or the applicable holder of the
rights involved. You may not copy, distribute or create derivative works of
such content without express permission and you may not "frame"
any content into APCUG's site or "frame" content from APCUG's
site into any other site.
5. Service
Availability and Customer Service
Although
APCUG strives to maintain the availability of the Service twenty-four hours
a day, it makes no representation or promise that the Service will always
be available, and you agree APCUG is not liable to you or any third party
for the temporary or permanent unavailability of the Service.
6. Disclaimer of
Warranties
APCUG's
service is provided on an "as is" and "as available"
basis. You expressly agree that use of APCUG's service is at your sole
risk.
To the fullest extent permissible pursuant to applicable law, APCUG
disclaims all warranties of any kind, whether express or implied, including
without limitation any warranty of merchantability, fitness for a
particular purpose or non-infringement.
APCUG does not make any warranty that its service will meet your
requirements, or that APCUG's service will be uninterrupted, timely,
secure, or error free, or that defects, if any, will be corrected; nor does
APCUG make any warranty as to the results that may be obtained from the use
of APCUG's service or as to the accuracy or reliability of any information
obtained through APCUG's service.
You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of APCUG's service is 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
such material and/or data.
APCUG does not make any warranty regarding any goods or services purchased
or obtained through or from APCUG's service or any transactions entered
into by use of or through APCUG's service.
No advice or information, whether oral or written, obtained by you from
APCUG or through APCUG's service shall create any warranty not expressly
made herein.
Some jurisdictions do not allow the exclusion of certain warranties, so
some of the above exclusions may not apply to you.
7. Limitations of
Liability
Under
no circumstances, including, without limitation, negligence, shall APCUG or
its parents, subsidiaries, affiliates, officers, directors, employees,
agents, or suppliers be liable for any direct, indirect, incidental,
special or consequential damages, resulting from the use or the inability
to use APCUG's service or for the cost of procurement of substitute goods
and services or resulting from any goods or services purchased or obtained
or messages received or transactions entered into by means of or through
APCUG's service, or resulting from unauthorized access to or alteration of
your transmissions or data, or other information that is sent or received
or not sent or received, including but not limited to, damages for loss of
profits, use, data or other intangibles, even if APCUG has been advised of
the possibility of such damages.
You agree that APCUG is not liable for any failure to deliver, hold or
store email transmitted through the service. You agree that APCUG does not
endorse the subject matter of any of the communications transmitted through
its service. You also agree that APCUG shall not be responsible or liable
to you, or to anyone, for the statements or conduct of any third party on
or arising from use of APCUG's service.
If you are dissatisfied with APCUG's service, your exclusive remedy is to
discontinue use of the service.
Some jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages so some of the above may not apply
to you.
8. Indemnification
You
agree to indemnify, defend and hold harmless APCUG, its parents,
subsidiaries, affiliates, officers, directors, employees, agents, and
suppliers, and their respective affiliates, officers, directors, employees,
and agents, from any claim, action, demand, or damage, including reasonable
attorney's fees, made by any third party arising out of or related to your
use of APCUG's Service or your violation of this Agreement, including
without limitation the infringement by you or any other user of your
account, of any intellectual property or other right of any person or
entity.
APCUG may, at its sole discretion, assume the exclusive defense and control
of any matter subject to indemnification by you. The assumption of such
defense or control by APCUG, however, shall not excuse any of your
indemnity obligations.
9. Applicable Law
This
Agreement shall be governed by and construed in accordance with the laws of
the District of Columbia,
without giving effect to its conflict of laws provisions. You agree to
submit to the personal and exclusive jurisdiction of the courts located
within the District of Columbia.
You agree that any claim or cause of action arising out of your use of
APCUG's Service or this Agreement must be filed within one year after such
claim or cause of action arose or it shall be forever barred,
notwithstanding any statute of limitations or other law to the contrary.
The person filling out the form on the linked page warrants and represents
that he or she is authorized to enter into this agreement on behalf of the
User Group listed and that the information filled in is correct.
http://www.apcug.net/contacts/forms/ols_agreement_web.htm
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