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ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Eponym.com ("Eponym"), owned and operated by Eponym, LLC ("Company"), is provided to you ("Member") under the terms and conditions of this Eponym Terms of Service ("TOS") and any operating rules or policies that may be published by Company. The TOS comprises the entire agreement between Member and Eponym and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
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DESCRIPTION OF SERVICE
Eponym provides Member with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions, also known as blogging. Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.
Initially, each Member account will have access to one free trial blog. Member may have multiple blogs in their account, however only one of those blogs can be the free trial blog - all other blogs in the account must be upgraded.
Free trial blogs will remain active for 30 days. Company reserves the right to, at Company's sole discretion, disable or terminate any free trial blog and the associating account within that 30 days. At the end of 30 days, if the blog is not upgraded then it will be deleted.
Member will have the ability to upgrade their account at any time for a fee. Upgrade plan fees will be based upon different disk space and bandwidth limitations and will be explained in full during the upgrade process. Upgraded accounts also include email technical support via the Contact Us form. Technical support is provided for most Eponym.com features, however not all features are supported. Unsupported items include, but are not limited to: custom components, custom templates, and any custom programming.
By upgrading a blog, Member agrees to keep a valid credit card with sufficient available credit for billing at the beginning of the month on file with Eponym. For any billing related assistance or changes with Member's credit card or billing information, use the Eponym contact form or call Eponym toll free at 1-888-8-EPONYM (1-888-837-6696) 9am-5pm CST M-F. This phone number is for billing support ONLY, no technical support is available at this number.
For upgraded blogs, Member's credit card shall be charged monthly for the amount determined by the upgrade package. The amount of Member's first bill will be the prorated amount remaining for the current month. Eponym shall then bill Member on the first day of each month the full amount. If the prorated amount for the first month is less than $1, Eponym may choose to bill Member the prorated amount plus the full amount for the next month. Billing would then resume at the full amount at the beginning of the second full month.
Member understands and agrees that Service may include certain communications from Company, such as service announcements and administrative messages and that these communications are considered part of Company's membership and you will not be able to opt out of receiving them.
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REGISTRATION
Member must register with Eponym in order to use Service. Minimal information is required to create an initial free trial blog. Account upgrades for blogs will require a valid credit card and any other information Company considers pertinent to establish an upgrade to an account.
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MODIFICATIONS TO TERMS OF SERVICE
Company may change the terms and conditions of the TOS at any time. Upon major changes in the terms and conditions of the TOS, Company will notify you by posting a notice in your blog control panel. If you agree to be bound by the changes, continue to use the service. If you do not agree to the changes, you may terminate your use of the Service at that time. Minor changes in the terms and conditions of the TOS will be posted to the Eponym Help Blog at http://help.eponym.com.
Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TOS and TOS modifications; and (2) agreement by Member to abide and be bound by the TOS and TOS modifications.
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MODIFICATIONS TO SERVICE
Company reserves the right to modify or discontinue the Service with or without notice to Member. Company shall not be liable to Member or any third party should Company exercise TOS right to modify or discontinue the Service.
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PRIVACY POLICY
All information entered into Eponym by Member is private to Member except to the extent that he or she opts to share that information with other Eponym members and/or the public, through Eponym or otherwise.
It is Company's policy to respect the privacy of Members. Therefore, Company will not disclose to any third party Member's name or contact information. Company will also not monitor, edit, or disclose the contents of a Member's information 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 Company; (2) protect and defend the rights or property of Company; or (3) act under exigent circumstances to protect the personal safety of TOS members or the public; (4) fix or debug problems with the Eponym software/service.
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CONTENT OWNERSHIP
Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through Eponym or otherwise enters into Eponym-related services.
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CONTENT RESPONSIBILITY
Member acknowledges and agrees that Company 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.
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MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. 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 which occur under your account. You may change your password at any time (to do so, go to the control panel of your blog and click on your user name next to "My Profile:"); you may also set up a new account and close an old one at your convenience.
Member agrees to immediately notify Company of any unauthorized use of Member's account or any other breach of security known to Member.
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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.
COMPANY 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.
COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 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 INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
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.
COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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LIMITATION OF LIABILITY
COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, 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 ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF 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 YOU.
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NO RESALE OF THE SERVICE
Member agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of Service in part or in full, without the express consent of Company.
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STORAGE AND OTHER LIMITATIONS
Company assumes no responsibility for the deletion or failure to store information entered into Eponym.
Company retains the right, at Company's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member's conduct is found to be inconsistent with the TOS.
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CONTENT AND MEMBER CONDUCT RULES AND OBLIGATIONS
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:
- to comply with US law regarding the transmission of technical data exported from the United States through the Service;
- not to use the Service for illegal purposes;
- not to interfere or disrupt networks connected to the Service; and
- 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 certain messages; 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 Service any unlawful, harassing, libelous, abusive, threatening or harmful material of any kind or nature;
- transmit through Service pornographic, adult-themed, or vulgar material of any kind or nature;
- harm minors in any way;
- 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;
- interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
- exceed the scope of Service that your account allows for;
- create content for which the primary purpose is manipulation of search engine rankings or results. Content submitted to Service must be intended to be consumed by people and not to deceive, manipulate, or mislead search engines or search engine results.
Company may, at its sole discretion, immediately disable and/or terminate Service should Member's conduct fail to conform with these terms and conditions of the TOS.
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INDEMNIFICATION
Member agrees to indemnify and hold Company, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this TOS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
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CANCELLATION AND TERMINATION
Cancellation by Member before the end of the term shall take effect immediately. Upon cancellation, Member shall no longer have access to account and all information or content associated with account may be deleted. Company accepts no liability for such deleted information or content.
For upgraded accounts, if Member credit card is invalid for any reason, Service may be canceled and all the information contained within deleted permanently. Company accepts no liability for information that is deleted due to an invalid credit card.
If an upgraded account is canceled, by either Member or Company, no refund for past months or the current month will be issued. Once the cancellation takes place, Member will not be charged again, but Member is responsible for whatever charges have already been incurred.
Either Member or Company may terminate the Service with or without cause at any time and effective immediately. Company shall not be liable to Member or any third party for termination 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 discontinue use of the Service.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and Company will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
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NOTICE
All notices to a party shall be in writing and shall be made either via blog control panel, email or conventional mail. Company may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
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PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
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PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Company or Company's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
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LAWS
The TOS shall be governed by and construed in accordance with the laws of the state of Arkansas, excluding TOS conflict of law provisions.
Member and Company agree to submit to the exclusive jurisdiction of the courts of the state of Arkansas. 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.
Company'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 Company in writing.
Member and Company 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.