1. DESCRIPTION OF SERVICE. WELCOME to Blogstream.com ("Blogstream"), which provides you (the .Member.) with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free, while others may cost money. The requirements or fees for any service options will be clearly explained and separately agreed to when Member implements those options. Member must: (1) provide all equipment necessary to establish a connection to the World Wide Web (.web.); (2) provide for Member access to the web and pay any telephone or service fees associated with such access.
2. ACCEPTANCE OF SERVICE TERMS of Blogstream. Blogstream is owned and operated by Blogstream Corp. ("BCorp"). The Blogstream Service (the .Service.) is provided to you under the terms and conditions for this Blogstream Service (.TERMS.) and any operating policies that may be published by BCorp. The TERMS comprise the entire agreement between Member and Blogstream/BCorp regarding the Blogstream Service and supersede any prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
3. MODIFICATIONS TO SERVICE TERMS. BCorp may change the TERMS from time to time, and will notify you of any material changes to the TERMS by posting them as a start-up screen prior to your subsequent use of the Service. All changes to the TERMS will be posted at blogstream.com/news
Member's continued use of the Service constitutes an affirmative agreement by Member to abide and be bound by the TERMS and all TERMS modifications.
4. SERVICE MODIFICATIONS. BCorp reserves the right to modify or discontinue the Service with or without notice to Member. BCorp shall not be liable to Member or any third party should BCorp exercise its right to modify or discontinue the Service.
5. PRIVACY AND MEMBER INFORMATION. All personal information entered into Blogstream by Member is private to Member except as it is available to the Blogstream Service operators and to the extent that he or she opts to share that information with other Blogstream members and/or the public, through Blogstream or otherwise.
BCorp respects the privacy of Members. Therefore, BCorp will not disclose Member's name or contact information to any third party. BCorp will also not monitor, edit, or disclose the contents of a Member's contact information or publications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (1) comply with law or with legal process served on BCorp; (2) protect and defend the rights or property of BCorp including without limitation fix or debug problems with the Blogstream software or the Service; or (3) act under exigent circumstances to protect the personal safety of Blogstream members or the public.
6. CONTENT. BCorp does not claim ownership of content rightfully published by Member. Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she rightfully publishes through Blogstream. BCorp may use portions of content in order to promote Member blogs.
BCorp will not edit your content. However, BCorp reserves the right (but not obligation) to remove any content that violates BCorp policies or is otherwise objectionable including without limitation any illegal, threatening, libelous, obscene, harassing, tortuous or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby (.Objectionable Content.).
Member agrees that BCorp neither endorses the contents of any Member communications nor assumes responsibility for any Objectionable Content. Member agrees to assume all risks related to content posted by or on the account of Member.
BCorp reserves the right (but not the obligation), in its sole discretion, to block promotion of Member's content within the Blogstream Service or to outside search services or other websites.
7. MEMBER ACCOUNT AND SECURITY. Once you become a member of the Service, you are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities which occur under your account.
Member agrees to immediately notify BCorp of any unauthorized use of Member's account or any other breach of security of the Service of which Member may become aware.
Any violations of the use of the Service discovered by Member shall immediately be reported by Member to BCorp.
8. MEMBER CONDUCT. Member agrees not to: (a) post or upload Objectionable Content or violate intellectual property (including without limitation trade secrets) of others in posting Member content (b) impersonate another person or entity, misrepresentation, promote hate crimes, (c) post or upload any computer code, viruses, or anything with the intent to disrupt, destroy, hack, or alter computer or telecommunications equipment, hardware or software, (d) violate any local, state, national or international law - intentionally or unintentionally, (e) interfere with or disrupt the Service or the intended use thereof, or post anything that disrupts a third party service; (f) "stalk" a third party; (g) interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. (h) collect or store personal information on visitors, users or contributors of the Service; (i) use the service for phishing, email spamming, or website/search engine spamming; (j) create accounts, post messages, or otherwise access the service using any automated means; (k) provide instructions for or promote any illegal activities; (l) promote or suggest physical harm or injury to any third party or group including humans and/or animals; or (m) provide instructions on creating or assembling weapons of any kind; (n) place third party advertising codes or scripts (in other words serving as an ad "publisher") in blog content; (o) use blogs mainly for the purpose of blatant promotion of services or websites ("blog spamming").
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. BCorp reserves the right to remove inactive or unused blogs at any time.
9. DISCLAIMER OF WARRANTIES. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BCORP 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 TITLE (NON-INFRINGEMENT).
BCORP MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. BCORP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
BCORP MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE 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. IN SUCH EVENT, THE MAXIMUM EXCLUSIONS AND DISCLAIMERS OF WARRANTY ALLOWABLE SHALL APPLY.
10. LIMITATION OF LIABILITY. BCORP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR 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 THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF BCORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE MAXIMUM LIMITATIONS OF LIABILITY ALLOWABLE SHALL APPLY.
11. OTHER LIMITATIONS AND TERMINATION. BCorp assumes no responsibility for the deletion or failure to store information entered into Blogstream.
BCorp retains the right, at BCorp's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TERMS and may terminate the Service if a Member's conduct is found to be inconsistent with the TERMS or for any other reason, including without limitation, lack of use.
While Member can choose a "template" for their blog, BCorp controls the overall look and design of templates and may alter them from time to time. This includes the option to display third party advertising on Member content pages.
Either Member or BCorp may terminate the Service with or without cause at any time and effective immediately. BCorp shall not be liable to Member or any third party for termination of Service.
Should the Member at any time be dissatisfied with the Service terms and conditions, any changes to the template or advertising displayed on Member.s pages or blog, or any other aspect of the Service, the sole and exclusive remedy of Member shall be to terminate the member account and this Agreement.
Upon termination of the Service, Member's right to use the Service and any software provided therewith immediately ceases. Member shall have no right and BCorp will have no obligation thereafter to forward any unread or unsent messages to Member or any third party or to save any Member information and content whatsoever.
12. INDEMNIFICATION. Member agrees to indemnify and hold BCorp, parents, subsidiaries, affiliates, officers and employees, harmless from any lawsuit, claim or demand, including court costs and reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of these TERMS by Member, or the infringement of any intellectual property or other right of any person or entity by Member, or other user of the Service using Member's computer.
13. NOTICES. All notices to a party shall be in writing and shall be made either via email or conventional mail. BCorp may broadcast notices or messages through the Service to inform Member of changes to the TERMS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
14. ADVERTISERS Member may enter into correspondence with or participate in promotions of any Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. BCorp assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. PROPRIETARY RIGHTS TO CONTENT Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Third-Party Content") by BCorp or BCorp's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Third-Party Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
18. LAWS. These TERMS shall be construed in accordance with the laws of the state of Connecticut, excluding any conflict of law principles.
Member and BCorp agree to submit to the exclusive jurisdiction of the courts of the state of Connecticut.
BCorp's failure to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BCorp in writing.
Member and BCorp agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Section titles in these TERMS are solely for the convenience of the parties and have no legal significance.
