Spotgap.com T E R M S & C O N D I T I O N S
By using Spotgap.com, or by using Web site tools provided by Spotgap.com (the "Services"), you agree to the following terms and conditions:
A. Users of Spotgap.com and visitors to Users' Web sites using functionality provided by Spotgap.com (Visitors) acknowledge that they have an obligation not to use or allow the use of the Services for infringing, illegal or improper purposes or in an infringing, illegal or improper manner. This includes, without limitation:
- transmitting threatening, abusive, obscene, pornographic, profane, libelous, slanderous, or harassing materials;
- unauthorized copying or transmission of copyrighted, trademarked, or other proprietary material;
- sending, or causing a third party to send large numbers of unsolicited e-mail messages (i.e. "junk mail" or "spam"), regardless of whether or not messages sent conform with the requirements of (USA) and (UK) state or federal laws governing transmission of unsolicited e-mail messages, or forwarding or posting "chain letters" (multiple forwarding) of any type;
- propagating computer worms or viruses;
- forging e-mail or discussion group posting header information;
- adding or attempting to add addresses to any mailing or distribution list without explicit positive consent of the addressee;
- attempting to collect personal information from a minor (individual less than 18 years of age);
- attempting to collect credit card numbers or social security numbers from visitors to the User's Web site;
- attempting to collect any personal information from visitors to the User's Web site for purposes that are not disclosed to the visitor at the time the information is collected;
- engaging in harassment, sexual in nature or otherwise, whether through language, frequency or size of messages;
- engaging in any other purpose or activity that violates any applicable law or regulation, either foreign or domestic, or facilitates the violation of any applicable law or regulation; and
- engaging in any other purpose or activity that Spotgap.com believes could subject it to criminal liability or civil penalty or judgment.
B. Users and Visitors acknowledge and agree not to engage in actions that could adversely affect the operation of Spotgap.com or its Service Provider, or Spotgap.com's ability to provide the Services to its other Users. These actions include:
- attempting to circumvent user authentication or security of Spotgap.com, its Service Provider, any User, or the Internet at large ("cracking");
- posting inappropriate messages to User discussion groups that do not abide by the charter(s), if any, of the discussion groups in which they appear;
- attempting to cancel, supersede, or otherwise interfere with Services being provided to other Users;
- attempting to access, copy, change or erase information or date placed on Spotgap.com or its Service Provider's servers by other Users or Visitors; and
- using an account at another provider to disrupt service for Spotgap.com or its Service Provider's Users or users of the Internet at large;
C. Users' right to use the Services is personal to the User and as such is nonexclusive and nontransferable. Users may not resell or redistribute the Services.
D. If User is an individual, he or she represents and warrants that he or she is of legal age. In the event User is a minor (defined as a person of less than 18 years of age), User may not use the Services until Spotgap.com has received a copy of a consent form duly signed by the User's parent or legal guardian.
E. Users and Visitors acknowledge and agree that neither Spotgap.com nor its Service Provider are responsible for the content of the transmissions by Users or Visitors that may pass through Spotgap.com and its Service Provider's servers or equipment (Network.)
F. Users acknowledge that they are responsible for the security of their password(s) and all use of the Services obtained by them, with or without the consent or knowledge of the User.
G. Access to the Network cannot be guaranteed to any User. Users may be unable to access the Network at any time, and disconnections from the Network may occur from time to time.
H. Material accessible to Users and Visitors through using the Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, Users and Visitors may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
I. Users and Visitors understand that certain information that may be accessible through Web sites using Services provided by Spotgap.com may be considered inappropriate for minors. Users and Visitors acknowledge that Spotgap.com exercises no control whatsoever over the content of the information passing through or stored on its systems.
- Spotgap.com does not monitor or review and is not responsible for the content of any Web site, or element of a Web site, using or incorporating as an element the Services.
- Spotgap.com does not monitor or review and is not responsible for any posting or submission made to any Web site, discussion group, mailing list, automated form, guestbook, calendar or other application using the Services.
- The Services include mechanisms that provide transmission, routing, provision of connections, or storage carried out through an automatic technical process without selection of the material by Spotgap.com, and without permanent storage of the material transmitted. With respect to these mechanisms, Spotgap.com does not select the recipients of the material except as an automatic response to the request of another person, Spotgap.com does not maintain on the Network a copy of the material in the course of such intermediate or transient storage in a manner ordinarily accessible to anyone other than anticipated recipients, Spotgap.com does not maintain on the Network any copy in a manner ordinarily accessible to the anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and the material is transmitted through the Network without modification of its content.
- Although Spotgap.com can not actively monitor content and data transmitted through, or posted on, its Network by Users and Visitors, it accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works.