BlogHarbor Blogware Publisher Agreement
- ACCEPTANCE OF TERMS
Welcome to BlogHarbor Blogware service (the "Service") provided by Rackshare LLC. As a Blogware account holder ("Publisher"), your use of the Service is subject to these Terms of Service ("TOS"). Rackshare LLC reserves the right to update and change the TOS from time to time without notice or acceptance by you. You will also be subject to any posted guidelines or policies which may be posted from time to time and are hereby incorporated by reference.
- DESCRIPTION OF SERVICE
Rackshare LLC provides each Publisher with a web site Internet ("Blogware"). Each Blog Site has a limited disk space based on the type of account purchased. The Service also includes tools that enable Publishers to make up a weblog and/or photo album (posts, comments, favorites, etc). The type and number of tools you may use depend on the type of account you have as a Publisher. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You understand and agree that the Service may include certain communications from Rackshare LLC, such as service announcements and administrative messages and that these communications are considered part of Rackshare LLC's membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided for use in accessing the Service. You understand and agree that the Service is provided "as-is" and that Rackshare LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
Please be aware that certain areas on the Service may contain adult or mature content. You must be of legal majority to access and view such areas.
In order to use the Service, you must have a valid account ID. To be a Publisher with your own Blogware account, you must provide Rackshare LLC with a credit card and other any other information it considers pertinent to establish an account ("Registration Data"). Publishers will choose a password and account designation for their Blogware during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
Rackshare LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration for the provision of the use of the Service, you agree to:
- immediately notify Rackshare LLC of any unauthorized use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Rackshare LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rackshare LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- CANCELLATION AND TERMINATION
If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your account and all information or content associated with your account may be deleted. Rackshare LLC accepts no liability for such deleted information or content.
If your credit card is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. Rackshare LLC accepts no liability for information that is deleted due to an invalid credit card.
In addition, Rackshare LLC may immediately terminate the Service for your failure to follow the Agreement. Such termination of the Service may result in the deactivation or deletion of your Blogware, and the forfeiture and relinquishment of all content on your Blogware.
You agree that Rackshare LLC may, under certain circumstances and without prior notice, immediately terminate your access to the Service and your Blogware. Cause for such termination shall include, but not be limited to,
Termination of your Rackshare LLC account includes
- breaches or violations of the TOS,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification to the Service (or any part thereof), or
- unexpected technical issues or problems.
Further, you agree that all terminations for cause shall be made in Rackshare LLC's sole discretion and that Rackshare LLC shall not be liable to you or any third-party for any termination of your account or access to the Service.
- removal of access to all offerings within the Service,
- deletion of your password and all related information, files and content associated with or inside your account and/or Blogware (or any part thereof), and
- barring further use of the Service.
- OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify Rackshare LLC of any unauthorized uses of the account or any other breaches of security. Rackshare LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Rackshare LLC be liable, in any way, for any acts or omissions by a Publisher, including any damages of any kind incurred as a result of such acts or omissions.
- CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Rackshare LLC, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Rackshare LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable to you. Under no circumstances will Rackshare LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Rackshare LLC does not pre-screen Content, but that Rackshare LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Rackshare LLC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Rackshare LLC or submitted to Rackshare LLC.
You acknowledge and agree that Rackshare LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Rackshare LLC, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Rackshare LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- 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);
- 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;
- 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
- sending mass email to recipients who haven't requested email from you or with a fake return address,
- promoting a site with inappropriate links, titles, descriptions, or
- promoting your site by posting multiple submissions in public forums that are identical;
- 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;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another;
- 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;
- offer for sale or sell any item, good or service that
- violates any applicable federal, state, or local law or regulation,
- 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
- Rackshare LLC determines, in its sole discretion, is inappropriate for sale through the Service provided by Rackshare LLC;
- exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content as a Guest;
create Content for which the primary purpose is manipulation of search engine rankings or results. Content submitted to the Service must be intended to be consumed by people and not to deceive, manipulate, or mislead search engines or search engine results.
Google offers the following basic principles for webmasters:
- Make pages for users, not for search engines.
- Avoid tricks intended to improve search engine rankings.
- Don't participate in link schemes designed to increase your site's ranking or PageRank.
- Don't use unauthorized computer programs to submit pages, check rankings, etc.
Google's principles and specific recommendations are located here. Publishers who do not adhere to the spirit of these principles jeopardize search engine rankings for all members of our Service, and risk immediate account revocation without prior notice.
- ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Rackshare LLC in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
- INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside.
Rackshare LLC does not claim ownership of the Content you place on your Blogware. Publishers retain the rights to any copyrighted material posted on a particular Blogware. By submitting Content to Rackshare LLC for inclusion on your Blogware, you grant Rackshare LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Blogware on Rackshare LLC's Internet properties. This license exists only for as long as you continue to be a Rackshare LLC customer and shall be terminated at the time your Blogware is terminated.
You acknowledge that Rackshare LLC does not pre-screen Content, but that Rackshare LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Rackshare LLC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Rackshare LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Rackshare LLC has no control over such sites and resources, you acknowledge and agree that Rackshare LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rackshare LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to indemnify and hold Rackshare LLC, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Rackshare LLC.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Rackshare LLC may establish general practices and limits concerning use of the Service.
- MODIFICATIONS TO SERVICE
Rackshare LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rackshare LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Rackshare LLC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Rackshare LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RACKSHARE LLC 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.
- RACKSHARE LLC WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, RACKSHARE LLC IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MIS-DELIVERY OR NON-DELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. RACKSHARE LLC DOES NOT WARRANT THAT
- THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RACKSHARE LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RACKSHARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Rackshare LLC shall be governed by the laws of the Rackshare LLC's place of business without regard to its conflict of law provisions. The failure of Rackshare LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Rackshare LLC and govern your use of the Service, superceding any prior agreements between you and Rackshare LLC (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Rackshare LLC services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- 2005/05/14 - Added section 7o.