Legal & AUP
Terms Of ServiceHome
ACCEPTANCE OF TERMS
Iguananet.US provides the following service to you, subject to
these Terms of Service ("TOS"), which may be updated periodically
without prior notice. You can review the current version of the TOS at:
http://www.iguananet.us/aup.htm. Failure to comply with these TOS may
result in account revocation.
DESCRIPTION OF SERVICE
Iguananet.US provides internet-based services that allow its users
to create and update websites, send e-mail, and otherwise provide
content viewable on the internet. Once registered with IguanaNet, each
user receives his or her own web space to post text, data, messages, or
information concerning or linked to software, music, sound,
photography, graphics, and video (the "Content"). This Content may
reside on Iguananet's servers or on the servers of a third party.
Disclaimer of Liability: With respect to documents available from this
server, neither Iguananet nor any of it's staff, makes any warranty, express or implied, including
the warranties of merchantability and fitness for a particular purpose, or
assumes any legal liability or responsibility for the accuracy, completeness, or
usefulness of any information, apparatus, product, or process disclosed, or
represents that its use would not infringe privately owned rights.
Indemnity:
You agree to indemnify and hold Iguananet, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and staff, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
SPECIAL ADMONITIONS FOR 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 the United States or
the country in which you reside.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Iguananet may be required to send you emails
regarding your use of the Service; however, we will never ask you to
submit additional personal information or to verify the status of
information related to your account in any such email. You acknowledge
that Iguananet may establish limits concerning use of the Service and
may modify these limits at any time.
MODIFICATIONS TO SERVICE
Iguananet reserves the right to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice
at any time. You agree that Iguananet shall not be liable to you or to
any third party for any modification, suspension, or discontinuance of
the Service.
TERMINATION
You agree that Iguananet, in its sole discretion, may terminate your
password,or account, and remove and discard any content within the
Service, for any reason, including and without limitation, the lack of
use, or if Iguananet believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. Any contracts,
verbal or written or assumed, in conjunction with your deleted content
and all its parts, at Iguananet's discretion, will be terminated as
well. Iguananet may also, in its sole discretion and at any time,
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice,
and acknowledge and agree that Iguananet may immediately deactivate or
delete your website and all related information and files. Iguananet
reserves the right to bar any further access to such files or the
Service. You agree that Iguananet shall not be liable to you or any
third-party for any termination of your access to the Service. Paid
accounts that are terminated will not be refunded.
LINKS
The Service, or relevant third parties, may provide links to other web
sites or resources. Because Iguananet has no control over such sites
and resources, you acknowledge and agree that Iguananet 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 Iguananet
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.
END-USER CONTENT
You agree to follow the following guidelines for storing content on, or providing content from Iguananet's servers.
All Content posted to Iguananet in any way, is the responsibility and
property of the author. Iguananet is committed to maintaining the
Service in a manner reasonably acceptable to all audiences but is not
responsible for the monitoring or filtering of any Content. Within the
confines of international and local law, Iguananet will generally not
place a limit on the type or appropriateness of user content within
user-sites. Those users posting material not suitable for all audiences
must agree that they are fully responsible for all the Content they
have posted anywhere on the Service. Should Content be deemed illegal
by such law having jurisdiction over the user, you agree that Iguananet
may submit all necessary information to, and cooperate with, the proper
authorities;
Iguananet claims no ownership or control over any Content posted by its
users. The author retains all patent, trademark, and copyright to all
Content posted within available fields, and is responsible for
protecting those rights, but is not entitled to the help of the
Iguananet staff in protecting such Content. The user posting any
Content represents that it has all rights necessary to post such
Content (and for Iguananet to serve such Content) without violation of
any intellectual property or other rights of third parties, or any laws
or regulations;
Iguananet reserves the right, without limitation except by law, to
serve any user Content on the web, through downloadable software
clients and otherwise.
You acknowledge that Iguananet does not pre-screen Content, but that
Iguananet and its designees shall have the right (but not the
obligation) in their sole discretion to remove or refuse or remove any
Content that is available through the Service. Without limiting the
foregoing, Iguananet and its designates shall have the right, but not
the obligation, to remove any content that violates the TOS or is
otherwise objectionable, or that infringes or is alleged to infringe
intellectual property rights. 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.
Furthermore, Iguananet reserves the right to limit access to your
website, if found in violation of the TOS, including without limitation
the Member Conduct described below, by removing the site and related
user information from the Iguananet Servers.
MEMBER CONDUCT
You understand that all Content, including without limitation, all
information, data, text, software, music, sound, photographs, graphics,
video, messages, or other materials, whether publicly posted or
privately transmitted, are the sole responsibility of the person from
which such Content originated. Iguananet does not control Content
posted via the Service and, as such, does not guarantee the validity of
such Content. You also understand that by using the Service, you may be
exposed to Content that is offensive, indecent, or objectionable.
Should Content be found or reported to be in violation with, but not
limited to, the following terms, it will be Iguananet's sole discretion
as to what action should be taken.
You agree to NOT use the Service to:
Upload, post or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive to 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;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a
Iguananet staff member or volunteer, or falsely state or otherwise
misrepresent your affiliation with Iguananet or any other 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, or other proprietary rights
of any party;
Upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
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, 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;
"Stalk" or otherwise harass another person or company;
Collect or store personal data about other users for business purposes;
Promote or provide instructional information about illegal activities,
promote physical harm or injury against any governmental entity, group
or individual, or promote any act of cruelty to animals. This may
include, but is not limited to, providing instructions on how to
assemble bombs, grenades, and other weapons or incendiary devices;
Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
Exceed the scope of the Service that you have signed up for; for
example, accessing and using features that you do not have a right to
use, or deleting, adding to, or otherwise changing other people's
entries or other content when you have not been granted the privileges
to do so.
Make excessive or otherwise harmful automated use of the system.
If Iguananet determines, in its sole and absolute discretion, that any
user is in violation of the TOS, Iguananet retains the right to
terminate such user's account at any time without prior notice.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IGUANANET 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.
(b) IGUANANET MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) 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 OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM IGUANANET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IGUANANET 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
IGUANANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on Iguananet are provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in applicable laws and regulations. Use of
the materials by the U.S. Government constitutes acknowledgment of
Iguananet's proprietary rights in them.
GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Iguananet and
governs your use of the Service, superseding any prior agreements
between you and Iguananet (including, but not limited to, any prior
versions of the TOS) and any prior representations by Iguananet. The
laws of the State of Missouri, U.S.A, shall govern the TOS and the
relationship between you and Iguananet. without regard to its conflict
of law provisions. You and Iguananet agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
Saint Charles, Missouri, U.S.A. The failure of Iguananet to exercise or
enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor 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. The section titles in the TOS are for convenience
only and have no legal or contractual effect.
VIOLATIONS
Report violations of these TOS to admin@iguananet.us.
REVISIONS
Iguananet may at any time revise these Terms of Service by updating
this posting. By using this Site, you agree to be bound by any such
revisions and should therefore periodically visit this page to
determine the then-current Terms of Service to which you are
bound.
Home Last Revision: September 9th, 2006