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
