New Here?

We are a community of cancer survivors supporting each other. Sign up to comment or create your own cancer blog. Already a member? Sign in

Terms of Use

This Service Agreement (the "Agreement") governs your purchase and use, in any manner, of all web publishing services ordered by you (the "Publisher") and accepted by Blog for a Cure, LLC. This Agreement describes the terms and conditions that apply to such purchase and use of the Services. You must accept the terms of this Agreement to use the Services.

1. Publishing Services.

1.1 General. Publisher has ordered, and Blog for a Cure agrees to provide, the Services selected by Publisher. As part of the Services, Blog for a Cure will (a) configure, install, house, maintain, upgrade, monitor, modify and operate the computer equipment, server(s), operating software, network equipment and components (collectively, "Blog for a Cure's Systems") and (b) secure and maintain connectivity with third-party telecommunication providers, all as necessary to host and serve the Publisher's Content (as defined below) via the Internet. Publisher acknowledges that, as a part of Blog for a Cure's Systems, Blog for a Cure may retain third-party service providers to supply the necessary facilities, equipment, and connectivity to provide the Services hereunder. Subject to the specific terms of this Agreement, Blog for a Cure retains sole right and control over the programming, content and conduct on Blog for a Cure's Systems. Publisher is responsible for securing and maintaining its own Internet connectivity to access Blog for a Cure's Systems.

1.2 Domain Name Services.

1.2.1 General. At the election of Publisher and in accordance with the Services selected by Publisher, Blog for a Cure may provide Domain Name Services, including the hosting of one or more domain names held by Publisher ("DNS Services") as part of the Services. If Publisher purchases DNS Services, Publisher shall provide Blog for a Cure with one or more registered domain names (each a "Publisher Domain"). Blog for a Cure shall host the Publisher Domain(s) during the effective term of this Agreement; provided that, such domain does not violate any registrar's policies, or any laws or regulations. Blog for a Cure agrees to transfer the Publisher Domain at the direction of Publisher or upon termination of this Agreement. Publisher shall retain all right, title, and interest in the Publisher Domain, and, in no event, shall Blog for a Cure acquire any ownership, title, interests or rights in the Publisher Domain.

1.2.2 ICANN. Any Publisher Domain shall be hosted and administered in accordance with terms of ICANN's then current domain name dispute resolution policy and/or the policies of the registrar of the Publisher Domain. The inability to use a domain name shall not entitle Publisher to a refund by Blog for a Cure of any fees paid with respect to the registration of such unusable domain name.

1.3 Uptime Goal. Blog for a Cure shall use commercially reasonable efforts to make Blog for a Cure's Systems and the Service available 99.5% of the time (the "Uptime Goal"). The Uptime Goal shall be calculated to include twenty-four (24) hours per day over each month, but excluding from the numerator and denominator in the calculation the duration in time of any temporary shutdowns due to scheduled maintenance (which will not exceed in the aggregate ten (10) hours per month), telecommunications or power disruptions caused by third parties, and any other causes beyond Blog for a Cure's reasonable control. Any failure of Blog for a Cure to satisfy the Uptime Goal shall not constitute a breach of this Agreement. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF Blog for a Cure TO PROVIDE THE SERVICES IN ACCORDANCE WITH THE UPTIME GOAL IS TO TERMINATE THIS AGREEMENT PURSUANT TO SECTION 4.1.

1.4 Bandwidth, Storage, and Other Allowances. If Publisher uses bandwidth, storage space, or other measured resources in excess of limits specified in its account plan or paid-for add-ons, Blog for a Cure will assess Publisher with additional charges.

1.5 Blog for a Cure Engine Software. Blog for a Cure provides a limited license to the Blog for a Cure Engine software ("Software") as part of the Services. Blog for a Cure shall host the Software during the effective term of this Agreement. Publisher shall retain all right, title, and interest in the all content placed into the Software, and, in no event, shall Blog for a Cure acquire any ownership, title, interests or rights in the content. All usage of the Software is subject to the Acceptable Use Policy. The "Powered By" legend at the bottom of each page may not be removed without the express written consent of Blog for a Cure.

1.6 Modifications to Services. Blog for a Cure reserves the right to change or modify the Services, the terms and conditions of this Agreement, or any policy or guideline applicable to the Services, at any time in its sole discretion. Blog for a Cure will send a notice to Publisher of any such changes. Changes to this Agreement will be effective the later of fifteen (15) days or Publisher's next billing cycle. Changes to any policy or guidelines governing the Services, including the Acceptable Use Policy, shall be effective upon posting to the Blog for a Cure site. If Publisher does not agree to any change to this Agreement, the Services, or any governing policy or guideline, Publisher's sole remedy is to immediately terminate this Agreement pursuant to Section 4.1 (notwithstanding any notice period). Publisher's continued use of the Services following Blog for a Cure's posting or notification of any changes to this Agreement, the Services, or any policy or guideline will constitute Publisher's acceptance of such changes or modifications.

1.7 Service Option Changes. Publisher may change Service options under the Agreement with appropriate prior notice but will be subject to a change fee for such.

2 Publisher Content; Acceptable Use.

2.1 Publisher Content. Publisher hereby grants Blog for a Cure a limited, non-exclusive, royalty-free, non-sublicensable license to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify, create derivative works from, and otherwise use the Publisher Content solely as necessary to provide the Services for Publisher. "Publisher Content" means all materials, code, data, text (whether or not perceptible by users), multimedia information (including, but not limited to sound, data, audio, video, graphics, photographs, or artwork), Publisher Domain(s), e-mail, group postings, or any other items or materials of Publisher or any third party that are provided or permitted by Publisher to reside on Blog for a Cure's Systems.

2.2 Publisher's Sole Responsibility. Publisher shall be solely responsible for all Publisher Content, including, without limitation, any content or materials of a third party that Publisher permits or enables to be posted onto or through Blog for a Cure's Systems. Subject to the terms of this Agreement, Publisher shall (a) be solely responsible for the creation, posting, updating and maintenance of the Publisher Content; and (b) manage, renew, create, delete, edit and otherwise control the editorial content of the Publisher Content. Blog for a Cure will not be responsible for reviewing the Publisher Content prior to its posting by Publisher.

2.3 Compatibility. Publisher is responsible for ensuring that the Publisher Content will be "web ready" and otherwise remain fully compatible with Blog for a Cure's Systems. Publisher acknowledges that it is responsible for having the necessary knowledge and expertise to maintain the Publisher Content on Blog for a Cure's Systems. Blog for a Cure reserves the right to remove any Publisher Content that is not compatible with Blog for a Cure's Systems.

2.4 Acceptable Use.

2.4.1 Publisher Obligation. Publisher shall at all times adhere to all applicable laws, rules, and regulations and to Blog for a Cure's then current Acceptable Use Policy (or such other location as Blog for a Cure may specify). A current version of the Acceptable Use Policy can be found below.

2.4.2 Blog for a Cure's Rights. Blog for a Cure may inspect the Publisher Content or investigate any alleged violation of this Agreement, Blog for a Cure's policies or any third-party complaints. Blog for a Cure will not access or review the contents of any e-mail or other stored electronic communications except as required or permitted by applicable law or legal process. In the event that Blog for a Cure determines in its sole and reasonable discretion that any Publisher Content or conduct or actions of Publisher (including its employees and users) are objectionable, unlawful, potentially infringing, or otherwise violate this Agreement, the Acceptable Use Policy, or other applicable policy, Blog for a Cure may take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, subscribers and/or third parties. Such corrective action includes, but is not limited to: (a) issuing a warning; (b) immediately suspending or terminating the Services; (c) restricting or prohibiting access to any Publisher Content that is objectionable or otherwise violates this Agreement or applicable policy; and/or (d) disabling or removing links, Publisher Content or the content of any third party from Blog for a Cure's Systems. In the event Blog for a Cure takes corrective action, Blog for a Cure shall not refund any fees paid in advance of such corrective action.

2.4.3 Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Blog for a Cure's Systems and Blog for a Cure's customers, or to ensure the integrity and operation of Blog for a Cure's business and systems, Blog for a Cure may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and Publisher Content residing on Blog for a Cure's Systems.

3 Fees and Payment Terms.

3.1 General. Blog for a Cure is a free system.

4 Term of Service.

4.1 Term and Cancellation Policy. The Agreement shall remain in full force and effect until terminated by either party. Blog for a Cure may terminate this Agreement for any reason by providing the other party thirty (30) days prior written notice; provided that, Blog for a Cure may immediately terminate or suspend the Services and this Agreement upon written notice for Publisher's or its users' violation of the Acceptable Use Policy. Upon any termination of this Agreement, Blog for a Cure will not refund, and Publisher is not eligible for, any remaining portion of any fee that already has been charged.

4.2 Effect of Termination. Should this Agreement be terminated for any reason, Blog for a Cure will not be liable to Publisher because of such termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with Publisher's business, or for any other reason whatsoever flowing from such termination. Publisher is solely responsible for procuring any new or replacement service upon termination. Any termination of this Agreement shall not relieve Publisher of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by Publisher to Blog for a Cure as provided in this Agreement. Upon termination of this Agreement, the following sections shall survive and remain in effect in accordance with their terms: Sections 4.2 and 5 through 9.

5 Reservation of Rights.

Blog for a Cure is the exclusive owner of and retains all right, title and interest (including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights thereto (collectively, "Proprietary Rights")) to all materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Blog for a Cure or its suppliers pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Blog for a Cure to provide the Services to Publisher. Publisher is the exclusive owner of and retains all right, title and interest (including all Proprietary Rights) to the Publisher Content. Note that Blog for a Cure does not guarantee retention of Publisher Content beyond thirty (30) days after termination.

6 Warranties and Representations

6.1 Publisher. Publisher represents, warrants and covenants to Blog for a Cure that: (a) the Publisher Content or its use shall not violate, misappropriate or infringe any Proprietary Rights or any other personal, privacy or moral right arising under the laws of any jurisdiction of any person or entity, nor shall same constitute a libel or defamation of any person or entity; (b) the Publisher Content will not contain any harmful components, including, but not limited to, viruses, trap doors, hidden sequences, hot keys, or time bombs; (c) Publisher has all right, power and authority necessary to enter into this Agreement and use the Publisher Content as described herein; and (d) Publisher shall comply with all applicable laws, rules and regulations (including, but not limited to, export control, decency, privacy and intellectual property laws).

6.2 Disclaimer. Blog for a Cure exercises no control over, and accepts no responsibility for, third-party content of the information passing through Blog for a Cure's System, network hubs and points of presence, or the Internet. SUBSCRIBER ACKNOWLEDGES THAT Blog for a Cure'S SYSTEMS (INCLUDING ANY SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY Blog for a Cure IN CONNECTION WITH ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS." Blog for a Cure DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE SERVICES (INCLUDING THE DNS SERVICES THEREIN) OR Blog for a Cure'S SYSTEMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Blog for a Cure MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT THE SERVICES AND Blog for a Cure'S SYSTEMS WILL BE UNINTERRUPTED, ALWAYS ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE.

7 Limitation of Liability

Blog for a Cure SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Blog for a Cure HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Blog for a Cure HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. THE TOTAL LIABILITY OF Blog for a Cure TO SUBSCRIBER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Blog for a Cure BY SUBSCRIBER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Blog for a Cure HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK.

8 Indemnification.

Publisher will indemnify, hold harmless, and defend Blog for a Cure and all employees, officers, managers and agents of Blog for a Cure and any of its affiliates from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, cost and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or relating to: (a) any violation or breach by Publisher of any term, representation or warranty, or policy of this Agreement; (b) Publisher's unlawful or improper use of the Services; (c) any damages caused to Blog for a Cure's Systems by the Publisher Content; (d) any actual or alleged violation of any Proprietary Rights or non-proprietary rights (including, but not limited to, defamation, libel, rights of privacy or publicity) by Publisher Content.

9 General Provisions.

9.1 Force Majeure. Blog for a Cure shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the service provider being used by Blog for a Cure to link its servers to the Internet, or any malicious or unlawful acts of any third party.

9.2 Independent Contractors. Blog for a Cure and its personnel, in performance of the Services, are acting as independent contractors and not as employees or agents of Publisher.

9.3 Waiver; Amendment. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Except as expressly provided by this Agreement, no term or condition of this Agreement may be modified without the prior written consent of the parties.

9.4 No Assignment. Publisher may not assign, without the prior written consent of Blog for a Cure, any rights, duties or obligations under this Agreement to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so shall be void.

9.5 Governing Law; Attorneys' Fees; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Venue for any action or proceeding under this Agreement shall be in a federal or state court of competent jurisdiction located in Boulder, Colorado.

9.6 Headings. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.

9.7 Notice. All notices and other communications required or permitted hereunder shall be in writing and delivered in person, by courier, prepaid certified or registered U.S. mail, facsimile with confirmation, or e-mail with return receipt to the parties. Notice shall be effective when received. Blog for a Cure shall send notice to the Publisher in accordance with the information submitted by Publisher during registration or as otherwise specified by Publisher in writing. Publisher shall provide notice to Blog for a Cure at the following:

Blog for a Cure, LLC.
1017 Front Street
Louisville, CO 80027

9.8 Entire Agreement; Severability. This Agreement, the incorporated policies and the Service Options selected by Publisher constitute the complete and exclusive statement of agreement between the parties, and supersedes and merges all prior proposals and all other agreements, oral and written, between the parties relating to the subject matter of this Agreement. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

ACCEPTABLE USE POLICY

This Acceptable Use Policy (the "Policy") describes the proper kinds of conduct and prohibited uses of the personal publishing services (the "Services") provided by Blog for a Cure, LLC. This Policy is not exhaustive and Blog for a Cure reserves the right to modify it at any time, effective upon posting of the modified version to http://www.BlogforaCure.com or such other location designated by Blog for a Cure. By using Blog for a Cure's Services, you agree to abide by the then current version of this Policy.

ANY VIOLATION OF THIS POLICY MAY RESULT IN THE SUSPENSION OR TERMINATION OF THE SERVICES AND SUCH ACTION AS Blog for a Cure DEEMS APPROPRIATE AS FURTHER DESCRIBED IN THE SERVICES AGREEMENT. ANY REPEATED VIOLATION OF THIS POLICY WILL RESULT IN THE TERMINATION OF THE SERVICES AGREEMENT. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY YOU.

General

Blog for a Cure's Services enable you to publish content on the internet, including, but not limited to, e-mail, text, group content, hypertext links, domain names, pictures, graphics, forums, interactive media, and audio/visual materials that you or a third party (collectively, "Publisher Content") posts via your Blog for a Cure publisher account or other equipment, servers, software and network of Blog for a Cure (collectively, "Blog for a Cure's Systems"). Generally, Blog for a Cure does not actively monitor, censor, or directly control any information that is stored on or transmitted over Blog for a Cure's Systems. Blog for a Cure cannot and does not warrant, verify or guarantee the quality, accuracy, safety or integrity of your Publisher Content or other materials or information that you or a third party may post or access through the Services. You are solely responsible for all of the Publisher Content and your and your users' use of Blog for a Cure's Services and your Web site.

No Illegal or Harmful Uses

Blog for a Cure's Services and Systems may be used only for lawful purposes. Transmission, distribution or storage of any material or any activity in violation of any applicable law or regulation are strictly prohibited. The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited. Blog for a Cure reserves the right to restrict or prohibit any and all uses or content that it determines in its sole discretion is harmful to its systems, network, reputation, good will, other Blog for a Cure customers, or any third party.

  • Excessive Use of Server Resources. Excessive use and/or violation of bandwidth/storage maximums are prohibited on all accounts. Determination of excessive use is at Blog for a Cure's sole discretion.
  • Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used without proper authorization. Infringement may result from the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
  • Illegal Materials. Disseminating or hosting material that is, without limitation, unlawful, libelous, defamatory, obscene, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable.
  • Harmful Content. Disseminating or hosting harmful content or software including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
  • Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, activities, or promotions; fraudulent submission or use of personal or financial information; or engaging in any practice that constitutes an unfair or deceptive trade practice.
  • Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Regulations maintained by the Department of Commerce.
  • Privacy. Collecting, using and disclosing any personally identifiable user information in violation of any applicable law and/or stated privacy policy.

No E-Mail Abuses

You may not distribute, publish, send or incite unsolicited mass e-mailings, promotions, advertising, or solicitations (such as "spam"), including, without limitation, commercial advertising, informational announcements, and mail bombing. You may not use Blog for a Cure's mail server or a third party mail server to relay mail without the express permission of the account holder or the third party site. Posting the same or similar message to one or more newsgroups (including, but not limited to, the use of chain letters, excessive cross-postings or multiple-postings) is explicitly prohibited.

No Service Bureaus

You may not sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the Service to any other person without the express prior written consent of Blog for a Cure.

Enforcement by Blog for a Cure

Blog for a Cure reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of Blog for a Cure's Systems. As described in the Service Agreement, Blog for a Cure reserves the right and has absolute discretion to (a) enforce this Policy and the terms of the Service Agreement and (b) remove or disable access, screen or edit any Publisher Content that violates these provisions or is otherwise objectionable. Without limitation, Blog for a Cure also reserves the right to report any activity (including the disclosure of appropriate subscriber information) that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Blog for a Cure also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct by providing network and systems information related to allegedly illegal, harmful or objectionable content.

If you want to report any violations of this Policy, please contact info@blogforacure.com