1. ACCEPTANCE OF TERMS
Welcome to ionWeb.com. ionWeb.com provides service 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 ionWeb.com") without prior notice to and acceptance by you.
2. DESCRIPTION OF SERVICE
ionWeb.com currently provides users in the United States, in the English language
only, with access to 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 ionWeb.com 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.
3. 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 ionWeb.com has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
ionWeb.com 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).
You also understand and agree that the service may include certain communications
from ionWeb.com, such as service announcements, and administrative messages,
and that these communications are considered part of ionWeb.com membership
and you will not be able to opt out of receiving them.
4. ionWeb.com PRIVACY POLICY
Pursuant to ionWeb.com’s 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. For more information,
please see our full privacy policy at: Privacy Policy.
5. 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
ionWeb.com, are entirely responsible for all Content that you upload, post
or otherwise transmit via the Service. ionWeb.com 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, tortious, defamatory, vulgar, obscene, pornographic, 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 ionWeb.com official, forum leader, guide or host, 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 ionWeb.com;
(p) have multiple ionWeb.com addresses that are within the same ionWeb.com neighborhood or that have the same theme; or
(q) engage in commercial activities without enrolling in ionWeb.com -approved affiliate programs. This includes, but is not limited to, the following activities:
6. 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.
7. CONTENT SUBMITTED TO IONWEB.COM
ionWeb.com does not claim ownership of the Content you place on your ionWeb.com
Site. By submitting Content to ionWeb.com for inclusion on your ionWeb.com
Site, you grant ionWeb.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 ionWeb.com Site on
ionWeb.com properties. This license exists only for as long as you continue
to be a ionWeb.com homesteader and shall be terminated at the time your ionWeb.com
Site is terminated.
You acknowledge that ionWeb.com does not pre-screen Content, but that ionWeb.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, ionWeb.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.
8. INDEMNITY
You agree to indemnify and hold ionWeb.com, 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.
9. 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.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ionWeb.com may establish general practices and limits
concerning use of the Service. Currently, each ionWeb.com address allows
particular individuals to have 4MB of disk space for his or her files.
11. MODIFICATIONS TO SERVICE
ionWeb.com 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 ionWeb.com shall not be liable to
you or to any third party for any modification, suspension or discontinuance
of the Service.
12. TERMINATION
You agree that ionWeb.com, in its sole discretion, may terminate your password,
ionWeb.com Site, use of the Service or use of any other ionWeb.com service,
and remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if ionWeb.com believes that you have
violated or acted inconsistently with the letter or spirit of the TOS. ionWeb.com
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 ionWeb.com
may immediately deactivate or delete your ionWeb.com Site and all related
information and files in your ionWeb.com Site and/or bar any further access
to such files or the Service. Further, you agree that ionWeb.com shall not
be liable to you or any third-party for any termination of your access to
the Service.
13. ADVERTISEMENTS AND PROMOTIONS
ionWeb.com runs advertisements and promotions on ionWeb.com Sites. By creating
your ionWeb.com Site, you agree that ionWeb.com has the right to run such
advertisements and promotions. The manner, mode and extent of advertising
by ionWeb.com on your ionWeb.com is subject to change. Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser.
You agree that ionWeb.com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because ionWeb.com has no control over
such sites and resources, you acknowledge and agree that ionWeb.com 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 ionWeb.com 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.
15. IONWEB.COM 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 ionWeb.com
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.
ionWeb.com grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. 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 ionWeb.com for use in accessing the
Service.
16. 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. IONWEB.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.
(b) IONWEB.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
IONWEB.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IONWEB.COM 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 IONWEB.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT
APPLY TO YOU.
19. 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 and
17 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. ionWeb.com
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.
20. 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.
21. COPYRIGHTS
ionWeb.com respects the intellectual property rights of others and we ask our
users to do the same. Please see our copyright policy at: Copyright
and Intellectual Property Policy.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and ionWeb.com and govern
your use of the Service, superseding any prior agreements between you and
ionWeb.com (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 affiliate or other ionWeb.com services, third-party content
or third-party software. The TOS and the relationship between you and ionWeb.com
shall be governed by the laws of the State of Ohio without regard to its
conflict of law provisions. You and ionWeb.com agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Columbus,
Ohio. The failure of ionWeb.com 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.