2. DESCRIPTION OF SERVICE
sarcinfo.com is providing
Member with a "personal Web site" and/or "message board" which allows Member
to upload Member's personal
files to sarcinfo.com server via the World Wide Web and edit Member's
files via the World Wide Web;
to make friends on sarcinfo.com via the World Wide Web. sarcinfo.com will
charge Member for this Service. Member must:
(1) provide all equipment, including a computer and modem, necessary to
connection to the World Wide Web; (2) provide for own access to the World
and pay any telephone service fees associated with such access. In
for this Service, Member agrees to: (1) provide certain current, complete,
and accurate information about Member as prompted to do so by the Service
and (2) maintain and update this information as required to keep it current,
complete and accurate. All information requested on original sign up shall
be referred to as registration information ("Registration Information").
Furthermore, Member grants sarcinfo.com the right to disclose to third
parties certain Registration Information about Member and Service membership
in the aggregate; however, such disclosures will exclude Member's name,
mailing address, email address, account and phone number, unless: (1) Member
expressly directs sarcinfo.com, or any other person Member may specifically
designate to disclose such information through the Service as provided
by the Service or (2) sarcinfo.com is required to disclose such information
by any applicable law or legal process served on sarcinfo.com. If any
information provided by Member is inaccurate, sarcinfo.com retains the
right to terminate Member's membership and rights to use the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
sarcinfo.com may change the terms and conditions of the TOS from time to
time. Upon any change in the terms and conditions of the TOS, sarcinfo.com
will notify you by posting the changes in an evident screen easily visible
your use of the Service. Member's continued use of the Service constitutes
affirmative: (1) acknowledgment by Member of the TOS and its modifications;
and (2) agreement by Member to abide and be bound by the TOS and its
4. MODIFICATIONS TO SERVICE
sarcinfo.com reserves the
right to modify or discontinue the Service with or without notice to Member,
although all reasonable efforts will be made to provide advance warning.
sarcinfo.comshall not be liable to Member or any third party should
sarcinfo.comexercise its right to modify or discontinue the Service.
There can be no expectation or warranty of privacy or confidentiality for any material
posted on the message system.
Email is private correspondence between the sender and the recipient. Other
particular sarcinfo.com services
may also be deemed private. It is sarcinfo.com's policy to respect the
privacy of its Members. Therefore, in addition to the privacy of
information as discussed in Section 2 above, sarcinfo.com will not monitor,
edit, or disclose the contents of a Member's private communications unless
required to do so by law or in the good faith belief that such action is
necessary to: (1) conform to the edicts of the law or comply with legal
process served on sarcinfo.com; (2) protect and defend the rights or
property of sarcinfo.com; or (3) act under exigent circumstances
to protect the personal safety of its members or the public. Member
and agrees that sarcinfo.com neither endorses the contents of any Member
communications nor assumes responsibility for any threatening, libelous,
obscene, harassing or offensive material contained therein, any infringement
of third party intellectual property rights arising therefrom or any crime
facilitated thereby. Member acknowledges and agrees that certain technical
processing of email messages and their content may be required to: (1)
send and receive messages; (2) conform to connecting networks' technical
requirements; (3) conform to the limitations of the Service; or (4) conform
to other similar requirements.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You are entirely responsible if you do not maintain the confidentiality
of your password and account. Furthermore, you are entirely responsible for
any and all activities that occur under your account. You may change your
at any time by following instructions; you may also set up a new account
and close an old one at your convenience. Member agrees to immediately
notify sarcinfo.com of any unauthorized use of Member's account or any
other breach of security known to Member.
7. DISCLAIMER OF WARRANTIES: MEMBER EXPRESSLY AGREES THAT
USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. sarcinfo.com 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. sarcinfo.com MAKES
NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES sarcinfo.com
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S
OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. sarcinfo.com MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION,
ORAL OR WRITTEN, OBTAINED BY MEMBER FROM sarcinfo.com OR THROUGH THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
APPLY TO YOU.
8. LIMITATION OF LIABILITY sarcinfo.com SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS
OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SARCINFO.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member may only be
an individual: Member may not be a corporation or other business entity.
agrees not to resell or make any commercial use of the Service, without the
consent of sarcinfo.com.
10. DATA STORAGE AND OTHER LIMITATIONS
assumes no responsibility for the deletion or failure to stored data.
retains the right, at sarcinfo.com's sole discretion, to determine whether
Member's conduct is consistent with the letter and spirit of the TOS and may
Service if a Member's conduct is found to be inconsistent with the
11. MEMBER CONDUCT Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with U.S. law regarding the transmission of technical data exported from U.S. through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive data; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. sarcinfo.com may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the TOS.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a sarcinfo.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) 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);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) 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, except in those areas of the Service that are designated for such purpose;
(h) 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) 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;
(k) 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;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) 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. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(o) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond sarcinfo.com;
(p) have multiple sarcinfo.com accounts
(q) represent 'as fact' things which are not within one's own personal experience and/or which cannot be independently verified; or
(r) engage in commercial activities without prior approval from sarcinfo.com. This includes, but is not limited to, the following activities:
12. 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 Canada United States or the country in which you reside.
13. CONTENT SUBMITTED TO sarcinfo.com
sarcinfo.com does not claim ownership of the Content you place on your personal Web site. By submitting Content to sarcinfo.com for inclusion on your personal Web Site, you grant sarcinfo.com the 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 personal Web site on sarcinfo.com's Internet properties. This license exists only for as long as you continue to be a sarcinfo.com's Member and shall be terminated at the time your personal Web site is terminated.
You acknowledge that sarcinfo.com does not pre-screen Content, but that sarcinfo.com 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, sarcinfo.com 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.
Member agrees to indemnify and hold
sarcinfo.com, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
any third party due to or arising out of Member's use of the Service, the
of this TOS by Member, or the infringement by Member, or other user of the
using Member's computer, of any intellectual property or other right of any
Either Member or sarcinfo.com may terminate
the Service with or without cause at any time and effective immediately.
Termination shall be accompanied by a written notice to the other party.
sarcinfo.com shall not be liable to Member or any third party for
of Service. Should Member object to any terms and conditions of the TOS
or any subsequent modifications thereto or become dissatisfied with the
Service in any way, Member's only recourse is to immediately: (1)
use of the Service; (2) terminate Service membership; and (3) notify
of termination. Upon termination of the Service, Member's right to use
the Service and Software immediately ceases.
All notices to a party shall be in writing
and shall be made either via online announcements, email, or conventional
mail. sarcinfo.com may broadcast notices or messages through the Service, or
to inform Member of changes to the TOS, the Service, or other matters of
importance; such broadcasts shall constitute Notice to Member.
17. PARTICIPATION IN PROMOTIONS OF ADVERTISERS OR PARTNERS
Member is not permitted to enter into correspondence with or participate in
Advertisers or Partners showing their products on the Service.
18. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to algorithms,
protocols, regimens, text,
sound, photographs, video, graphics or other material
presented to Member by the Service ("Content") by sarcinfo.com,
Advertisers, or other sarcinfo.com members may be protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws;
therefore, Member is only permitted to use this protected Content as
authorized by the owner of the Content ("Owner"), the Service or the
Member may not copy, reproduce, distribute, or create derivative works
from this Content without expressly being authorized to do so by the Owner,
the Service or the Advertiser.
19. LAWS The TOS shall be governed by and construed in accordance with the laws of California, County of Ventura, excluding conflict of law provisions. Member and sarcinfo.com agree to submit to the exclusive jurisdiction of the courts of California. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. sarcinfo.com's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by sarcinfo.com in writing. Member and sarcinfo.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
All webpages, layout and style are
(C)Copyright 2002,2003, SarcInfo.com
Messages belong to the Persons who posted them: Messages (C)Copyright 2002,2003, Authorship as Attributed.
THERE IS NO EXPECTATION OF PRIVACY FOR ANY MATERIAL PUBLISHED ON THIS MESSAGE SYSTEM
All rights are expressly reserved. Click to email webmaster