ACCEPTANCE
OF TERMS
Welcome to Higher Learning Systems! HLS provides web hosting
services to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice
to you; provided that, we will not alter Section 7 ("Content
Submitted to HLS") without prior notice to and acceptance
by you.
DESCRIPTION
OF SERVICE
HLS hosting services currently provides users with access to
a rich collection of on-line resources, including personal web
page hosting services (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the
current Service, including the release of new HLS resources,
shall be subject to the TOS. In order to use the Service, you
must obtain access to the World Wide Web, either directly or
through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device.
YOUR
REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or HLS has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, HLS has the right to suspend or terminate
your account and refuse any and all current or future use of
the Service (or any portion thereof).
HLS PRIVACY
POLICY
Pursuant to HLS' privacy policy, we may disclose to third parties
certain aggregate information contained in your Registration
Data or related data, provided that, such information will NOT
include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action
is reasonably necessary to comply with the law, legal process,
to enforce the TOS, or under any of the other circumstances
set forth in our privacy policy, as may be amended from time
to time.
MEMBER
CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
HLS, are entirely responsible for all Content that you upload,
post or otherwise transmit via the Service. HLS does not control
the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable.
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;
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b. |
harm
minors in any way;
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c. |
impersonate
any person or entity, including, but not limited to, an
HLS technical representative, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
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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);
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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);
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f. |
upload,
post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
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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;
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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;
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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;
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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;
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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;
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l. |
"stalk"
or otherwise harass another;
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m. |
collect
or store personal data about other users;
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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;
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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 HLS; |
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.
CONTENT
SUBMITTED TO HLS
HLS does not claim ownership of the Content you place on your
HLS Site. By submitting Content to HLS for inclusion on your
HLS Site, you grant HLS 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 HLS Site on HLS' Internet properties.
You acknowledge that HLS does not pre-screen Content, but that
HLS 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,
HLS 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.
INDEMNITY
You agree to indemnify and hold HLS, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
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.
NO RESALE
OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access
to the Service.
GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge that HLS may establish general practices and
limits concerning use of the Service. Currently, each HLS address
allows particular individuals to have 15MB of disk space for
his or her files.
MODIFICATIONS
TO SERVICE
HLS reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
HLS shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
TERMINATION
You agree that HLS, in its sole discretion, may terminate your
use of the Service or use of any other HLS service, and remove
and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if HLS believes
that you have violated or acted inconsistently with the letter
or spirit of the TOS. HLS 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
HLS may immediately deactivate or delete your Site and all related
information and files in your Site and/or bar any further access
to such files or the Service. Further, you agree that HLS shall
not be liable to you or any third-party for any termination
of your access to the Service.
LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because HLS has
no control over such sites and resources, you acknowledge and
agree that HLS 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 HLS 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.
HLS PROPRIETARY
RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by HLS or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means
other than through the interface that is provided by HLS for
use in accessing the Service.
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. HLS 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.
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b. |
HLS
MAKES NO WARRANTY THAT
(1) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE,
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR
RELIABLE,
(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND
(5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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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 THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
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d. |
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM HLS 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 HLS 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 HLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM:
a. |
THE
USE OR THE INABILITY TO USE THE SERVICE;
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b. |
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;
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c. |
UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
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d. |
STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
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e. |
ANY
OTHER MATTER RELATING TO THE SERVICE. |
SPECIAL
ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities,
please read the above Sections 16 again. They go doubly for
you. In addition, for this type of information particularly,
the phrase "Let the investor beware" is apt. The Service
is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing
purposes. HLS shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted via
the Service, and shall not be responsible or liable for any
trading or investment decisions made based on such information.
NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you
generally on the Service.
COPYRIGHTS
HLS respects the intellectual property rights of others and
we ask our users to do the same.
GENERAL
INFORMATION
The TOS constitute the entire agreement between you and HLS
and govern your use of the Service, superceding any prior agreements
between you and HLS (including, but not limited to, any prior
versions of the TOS). You also may be subject to additional
terms and conditions that may apply when you use HLS services,
third-party content or third-party software. 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.