Terataki Terms of Service Agreement
Last Revision:
November 13, 2009
This Agreement includes Terataki's policy for acceptable use of the
Terataki Services and Content posted on the Terataki Website, your rights,
obligations and restrictions regarding your use of the Terataki Services and
Terataki's Privacy Policy. Terataki is a community oriented web content provider. The services offered by
Terataki include the Terataki website, and any other features,
content, or applications offered from time to time by Terataki a division
of Spruz Inc. ("The Corporation"). Spruz Inc. is a Tennessee
Corporation based in Seymour, TN with hosting facilities located in Dallas, TX
and Atlanta, GA
Terms of Service
This Terms of Service Agreement ("Agreement") is a legally binding
agreement between site users and the company for your use of Terataki Services. By using the Terataki Services, you
agree to be bound by this Agreement, whether you are a "Visitor" (which means
that you simply browse the Terataki Website) or you are a "Member" (which means
that you have registered with Terataki). You are only authorized to use the Terataki Services if you agree to abide by all applicable
laws both federal and of the State of Tennessee and to this Agreement. If
you do not agree with it, you should leave the Terataki Website and discontinue
use of the Terataki Services immediately. If you register for full use of
this site, you must
read this Agreement and indicate your acceptance during the Registration
process.
Terataki may modify this Agreement from time to time and any change in
this agreement shall be effective upon posting on the Terataki Website
without prior notice. You agree
to be bound to any changes to this Agreement when you use the Terataki Services
after any modification is posted. You are required to check this agreement regularly to ensure you are updated as to any changes.
Special Personal Profile Restrictions
Please choose carefully the information you post on Terataki and that you
provide to other Users. Your Terataki may not post publicly the following
items to your personal page unless it is required by a design component of the Terataki
website: telephone numbers, street addresses, last names, and any photographs
excessively violent, harassing, containing nudity, or obscene, lewd, sexually
explicit or otherwise inappropriate ubject matter. Despite this prohibition,
information provided by other Terataki Members (for instance, in their
Profile) may contain inaccurate, inappropriate, products or services, offensive or sexually explicit
material, and Terataki assumes no responsibility or
liability for this material. If you become aware of misuse of the Terataki
Services by any person, please contact
Terataki or click on the "The Report User" link located on
every profile page.
Terataki reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the Terataki Services at
any time, for any reason, without prior notice, and without
liability.
- Eligibility. Use of and Membership in the Terataki
Services is void where prohibited. By using the Terataki Services, you
represent and warrant that;
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of such information.
- You are 13 years of age or older; born on or before 11/24/1996.
- Your use of the
Terataki Services does not violate any applicable federal or state law
and/or regulation.
- Your
profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 13 years of age.
- Term. This Agreement shall remain in full force and
effect while you use the Terataki Services or are a member. Terataki may
terminate your membership or site access at any time, without warning. Even after
Membership is terminated, this Agreement will remain in effect, including
sections 5-15.
- Content/Activity Prohibited. The following is a partial
list of the kind of Content that is illegal or prohibited to post on or
through the Terataki Services. Terataki reserves the right to
investigate and take appropriate legal action against anyone submitting,
posting, linking or in any way displays prohibited content on Terataki
Services.
Restricted/Prohibited Content:
- Harasses or advocates harassment of another person;
- is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a
link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names,
or email addresses;
- promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
- involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising, or
pyramid schemes;
- includes a photograph of another person that you have posted without
that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or
any other unfair, misleading or deceptive Content intended to draw
traffic a profile or website.
The following is a partial list of the kind of activity that is illegal
or prohibited on the Terataki Website and through your use of the Terataki
Services. Terataki reserves the right to investigate and take appropriate
legal action against anyone who, in Terataki's sole discretion, violates
this provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not limited
to:
- criminal activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any
products or services through the Terataki Services without the
purchase of Terataki upgraded services. You may not transmit
any chain letters or junk email to other Members. It is also a violation
of these rules to use any information obtained from the Terataki Services
in order to contact, advertise to, solicit, or sell to any Member
without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, Terataki reserves the right to
restrict the number of emails which a Member may send to other Members
in any 24-hour period to a number which Terataki deems appropriate in
its sole discretion. If you breach this Agreement and send unsolicited
bulk email, instant messages or other unsolicited communications of any
kind through the Terataki Services, you acknowledge that you will have
caused substantial harm to Terataki, but that the amount of such harm
would be extremely difficult to ascertain. As a reasonable estimation of
such harm, you agree to pay Terataki $50 for each such unsolicited
email or other unsolicited communication you send through the Terataki
Services;
- covering or obscuring the banner advertisements on your personal
profile page, your Terataki powered website or any Terataki page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to post comments
or messages;
- attempting to impersonate another Member or person;
- interfering with, disrupting, or creating an undue burden on the
Terataki Services or the networks or services connected to the Terataki
Services;
- using the account, username, or password of another Member at any
time or disclosing your password to any third party or permitting any
third party to access your account;
- using any information obtained from the Terataki Services in order to
harass, abuse, or harm another person;
- displaying an advertisement on your profile or non-upgraded website; or
- using the Terataki Services in a manner inconsistent with any and all
applicable laws and regulations.
- Fees. You understand Spruz Inc. has the
right to charge for the site owner for Services and to change its fees from time to
time in its discretion. If Terataki terminates your Website or Membership because
you have breached the Agreement, you shall not be entitled to the refund of
any unused portion of subscription fees.
- Domain Usage. When accessing a website on our network you may
only use domains that are registered on the platform. We forbid domain
forwarding and redirection.
- Password. When you create your account, you will be asked to choose a password.
Your password is designed for only you to know. You agree not to use the
account, username, or password of another registered member at any time. You agree to notify Terataki
immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your
account.
- Commercial use. Terataki Services are
for the registered members only and may not be used in connection with
any commercial endeavors except those that are specifically
approved or provided by Terataki, and/or your website is upgraded within 60 days of
commercial/business use. Unauthorized use of the Terataki
Services, including collecting usernames, passwords and/or email addresses of other
registered members
by electronic or other means is prohibited. Appropriate legal action will be taken
for any illegal or unauthorized use of the Terataki Services.
- Proprietary Rights in Content on Terataki.
- Terataki does not have any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship, or
any other materials that is submitted, uploaded or posted by any
member, user or visitor of
Terataki Services. After posting you continue to maintain all ownership rights in such Content, and you
continue to have the right to use your Content in any way you choose. By
displaying or publishing ("posting") any Content on or through the
Terataki Services, you hereby grant to Terataki a limited license to
use, modify, publicly perform, publicly display, reproduce, and
distribute such Content through the Terataki Services.
- You represent and warrant that: (i) you own the content sent by
you on or through the Terataki Services or otherwise have the right to
grant the license set forth in this section, and (ii) the posting of
your Content on or through the Terataki Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees,
and any other monies owing any person by reason of any Content posted by
you to or through the Terataki Services.
- The Terataki Services contain Content of Terataki ("Terataki
Content"). Terataki Content is protected by copyright, trademark,
patent, trade secret and other laws, and Terataki owns and retains
all rights in the Terataki Content and the Terataki Services.
Terataki hereby grants you a limited, revocable,
license to reproduce and display the Terataki Content (excluding any
software code) solely for your personal use in connection with viewing
the Terataki Website and using the Terataki Services.
- The Terataki Services contain Content of Users and other Terataki
licensors. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display,
or sell any Content appearing on or through the Terataki Services.
- Content Posted.
- Terataki may delete any Content that in the sole judgment of
Terataki violates this Agreement or which may be offensive, illegal
or violate the rights, harm, or threaten the safety of any person.
Spruz Inc. assumes no responsibility for monitoring the Terataki
Services for inappropriate Content or conduct.
- You are solely responsible for the Content that you post to or
on any of the Terataki Services. Terataki does not endorse and has no control over the Content.
Content is not necessarily reviewed by Terataki prior to posting and
does not necessarily reflect the opinions or policies of Terataki.
Terataki makes no warranties, express or implied, as to the Content
or to the accuracy and reliability of the Content or any material or
information that you transmit to other Members.
- Deletion of Websites. Terataki is not a storage
company. Free Websites with little or no traffic over any 30 day period may
be deleted at anytime. We will make best effort to send an email notice 5
days before a site is deleted. Paid websites are never deleted under any
condition.
- Copyright Policy. You may not post, modify, distribute,
or reproduce in any way any copyrighted material, trademarks, or other
proprietary information belonging to
Terataki, members or posted
Terataki hosted sites without obtaining the prior
written consent of the owner of such proprietary rights. It is the policy of
Terataki to terminate access privileges of any one who repeatedly
infringes the copyright rights of others upon receipt of proper notification
to Terataki by the copyright owner or the copyright owner's legal
agent.
- Member Disputes. You are solely responsible for your
interactions with other Terataki Members. Terataki reserves the right,
but has no obligation, to monitor disputes between you and other Members.
- Privacy. Use of the Terataki Services is also governed
by our Privacy Policy, which is incorporated into this Agreement by this
reference.
- Email Notices. All site owners that create websites automatically
opt-in for all email notices that directly reference your created websites.
These emails may contain updates, information, promotions, etc. that
directly pertain to your created website. If you want to opt-out of our
email notices you can remove your website by going to your
Website Account page and clicking on
delete.
- Disclaimers. Terataki is not responsible for any
incorrect or inaccurate Content posted on the Terataki Website or in
connection with the Terataki Services, whether caused by Users of the Terataki
Services or by any of the equipment or programming associated with or
utilized in the Terataki Services. Profiles created and posted by Members on
the Terataki Website may contain links to other websites. Terataki is not
responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or checked
for accuracy or completeness by Terataki. Inclusion of any linked website
on the Terataki Services does not imply approval or endorsement of the linked
website by Terataki. When you access these third-party sites, you do so
at your own risk. Terataki takes no responsibility for third party
advertisements which are posted on this Terataki Website or through the
Terataki Services, nor does it take any responsibility for the goods or
services provided by its advertisers. Terataki is not responsible for the
conduct, whether online or offline, of any User of the Terataki Services.
Terataki assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of,
any User or Member communication. Terataki is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic
congestion on the Internet or on any of the Terataki Services or combination
thereof, including any injury or damage to Users or to any person's computer
related to or resulting from participation or downloading materials in
connection with the Terataki Services. Under no circumstances shall
Terataki be responsible for any loss or damage, including personal injury
or death, resulting from use of the Terataki Services, attendance at a
Terataki event, from any Content posted on or through the Terataki
Services, or from the conduct of any Users of the Terataki Services, whether
online or offline. The Terataki Services are provided "AS-IS" and as
available and Terataki expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. Terataki cannot guarantee and
does not promise any specific results from use of the Terataki Services.
- Disputes. If there is any dispute about or involving
the Terataki Services, you agree that the dispute shall be governed by the
laws of the State of Tennessee, USA, without regard to conflict of law
provisions and you agree to exclusive personal jurisdiction and venue in the
state and federal courts of the United States located in the State of
Tennessee, City of Knoxville.
- Copyright infringement. If you believe that your work has been
copied and posted on the Terataki Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the
following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is located
on the Terataki Services; (iv) your address, telephone number, and email
address; (v) a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law; (vi) a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. Terataki's
Copyright Agent for notice of claims of copyright infringement can be
reached as follows: Copyright Agent, Terataki, Inc., 319 Blue Peacock
Way,
Seymour, TN 37865; Facsimile: (865) 609-2698; Attn: Copyright Agent; and
email: copyright@spruz.com.
- Limitation on Liability. IN NO EVENT SHALL Terataki
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Terataki HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, Terataki'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Terataki FOR THE Terataki
SERVICES DURING THE TERM OF MEMBERSHIP.
- Indemnity. You agree to indemnify and hold Spruz Inc,
its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Terataki Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or if any Content
that you post on the Terataki Website or through the Terataki Services causes
Terataki to be liable to another.
- Other. This Agreement is accepted upon your use of the
Terataki Website or any of the Terataki Services and is further affirmed by
you becoming a Member. This Agreement constitutes the entire agreement
between you and Terataki regarding the use of the Terataki Services. The
failure of Terataki to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal
or contractual effect. Terataki is a trademark of Terataki, Inc. This
Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
Please contact us at:
Contact Terataki with any questions regarding this Agreement.
BY READING THIS AGREEMENT YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS
HEREIN.
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