Terms of Service
1. ACCEPTANCE OF TERMS
Against The Binary, dba againstthebinary.com, ("ATB") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. Failure to comply with these TOS may result in account revocation.
2. DESCRIPTION OF SERVICE
ATB is a web-based service that allows its users to create and update online journals (herein referred to as "Blog", or the "Service"). Once registered with ATB, each user receives his or her own journal space to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video (the "Content"). This Content may reside on ATB's servers or on the servers of a third party.
3. YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create an ATB account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to ATB, you are required to update that information as soon as possible. Should ATB suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Users under 13 years of age are required to have a parent or guardian review and complete the registration process, which may include age verification steps in addition to the standard process.
4. INDEMNITY
You agree to indemnify and hold ATB, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney 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, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
7. 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.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ATB may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that ATB may establish limits concerning use of the Service and may modify these limits at any time.
9. MODIFICATIONS TO SERVICE
ATB reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that ATB shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
11. TERMINATION
You agree that ATB, in its sole discretion, may terminate your password, journal, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if ATB believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted journal and all its parts, at ATB's discretion, will be terminated as well. ATBmay 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 ATB may immediately deactivate or delete your ATB journal and all related information and files. ATB reserves the right to bar any further access to such files or the Service. You agree that ATB shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
13. LINKS
The Service, or relevant third parties, may provide links to other web sites or resources. Because ATB has no control over such sites and resources, you acknowledge and agree that ATB 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 ATB 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.
14. JOURNAL CONTENT
You agree to follow the following guidelines for posting Content to your online journal:
1. All Content posted to ATB in any way, is the responsibility and property of the author. ATB is committed to maintaining the Service in a manner reasonably acceptable to all audiences but is not responsible for the monitoring or filtering of any journal Content. Within the confines of international and local law, ATB will generally not place a limit on the type or appropriateness of user content within journals. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the Content they have posted anywhere on the Service. Should Content be deemed illegal by such law having jurisdiction over the user, you agree that ATB may submit all necessary information to, and cooperate with, the proper authorities;
2. Should any Content that you have authored be reported to ATB as being offensive or inappropriate, ATB might call upon you to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as determined by the ATB staff. Should you fail to meet such a request from ATB staff, ATB may terminate your account. ATB, however, is under no obligation to restrict or monitor journal Content in any way;
3. ATB claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the ATB staff in protecting such Content. The user posting any Content represents that it has all rights necessary to post such Content (and for ATB to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations;
5. You acknowledge that ATB does not pre-screen Content, but that ATB and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse to remove any Content that is available through the Service. Without limiting the foregoing, ATB and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. 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. Furthermore, ATB reserves the right to limit access to your journal, if found in violation of the TOS, including without limitation the Member Conduct described below, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding ATB's users.
15. AGAINSTTHEBINARY.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All ATB code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. 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 ATB or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.
Submission of Unsolicited Ideas and Information
ATB does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized ATB representative, any material, information or idea you transmit to ATB by any means may be disseminated or used by ATB or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.
16. MEMBER CONDUCT
You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. ATB does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be ATBs sole discretion as to what action should be taken.
You agree to NOT use the Service to:
1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a ATB staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with ATB or any other person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. 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);
6. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
7. 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;
8. 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;
9. 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;
10. 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;
11. "Stalk" or otherwise harass another person or company;
12. Collect or store personal data about other users for business purposes;
13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, 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 or incendiary devices;
14. Use ATB as a forwarding service to another website;
15. Allow usage by others in such a way as to violate ATB's TOS;
18. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
19. Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other content when you have not been granted the privileges to do so.
If ATB determines, in its sole and absolute discretion, that any user is in violation of the TOS, ATB retains the right to terminate such user's account at any time without prior notice.
21. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and ATB and governs your use of the Service, superseding any prior agreements between you and ATB (including, but not limited to, any prior versions of the TOS) and any prior representations by ATB. The laws of the State of California, U.S.A, shall govern the TOS and the relationship between you and ATB, without regard to its conflict of law provisions. You and ATB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Joaquin, California, U.S.A. The failure of ATB to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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.
23. REVISIONS
ATB may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.
Last revision: July 6th, 2009
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