TerraShare.com

ACCEPTANCE OF TERMS Welcome to TerraShare.com! TerraShare.com provides its service to you, subject to the following Terms of Service. Please know that the ToS may be updated by us from time to time, and that the most current version of the ToS will always be available from the TerraShare.com front page. The term "TerraShare" shall be used to refer to TerraShare.com, Inc., and all parent corporations, subsidiary corporations, and affiliates. You can review the most current version of the ToS at any time. We have a great community and terrific members, and this ToS is designed so that TerraShare can remain that way. It is the goal of these Terms of Service to outline the responsibilities of those who participate in the TerraShare.com community. DESCRIPTION OF SERVICE TerraShare.com currently provides users with access to a collection of on-line resources, including personal web page hosting services (the "Service"). Unless explicitly stated otherwise, any additional features that augment or enhance the current Service, including the release of new TerraShare services and resources, shall be subject to the ToS. In order to use the Service, you must provide your own 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 a computer and modem or other access device, as well as any other equipment necessary to make a connection to the World Wide Web. YOUR REGISTRATION OBLIGATIONS To sign up for this Service, you agree to: (a) provide accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Personal Account Data") and (b) maintain and promptly update the Personal Account Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if TerraShare finds that it has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Terrashare reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). PRIVACY POLICY All uses of information submitted to TerraShare will be subject to TerraShare’s privacy policy. Under this policy, we may disclose to third parties aggregate information from your Personal Account Data or related data, provided that this information will not include information that could personally identify you, except as specifically authorized by your or in the good faith belief that doing so is necessary to comply with the law or to enforce the ToS, or as is delineated under our ToS, which may be amended from time to time. For more information, please see our full privacy policy. MEMBER CONDUCT All Content is the sole responsibility of the person who originated the Content. This means that you, and not TerraShare, own, and are entirely responsible for all Content that you upload, post or otherwise transmit through TerraShare services. For the purposes of this clause, Content is defined as all information, text, data, software, sound, music, graphics, video, photographs, messages or other materials which are public posted or privately transmitted. TerraShare does not control this Content and does not guarantee, in any way, its integrity or quality. As a member, you understand that you may be exposed to Content that is offensive, objectionable, or indecent. You agree not to use the TerraShare.com Service to: Upload, post or transmit any Content that is unlawful, libelous, threatening, tortious, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable. Upload, post or tansmit any Content you do not have a right to transmit under any law or contract or that infringes on any patent, trade mark, copy right or other proprietary rights of any party. Upload, post or transmit unsolicited advertising, commonly known as "spam" or "junk mail" Harm minors in any way; Disrupt the normal flow of dialogue, otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; Harass another user or in any way interfere with free dialogue on TerraShare sites Offer instructional information about illegal activities or promote physical harm or injury against any group or individual Engage in the following commercial activities: Conducting raffles or contests that require any type of entry fee; Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites. Advertising or soliciting the sale of member pages or subdomains through any means other than those provided by TerraShare; Develop hidden pages or images (those not linked to from another accessible page) Link to sites, resources, or other Content that are themselves in violation of the spirit and/or letter of the TOS; Interfere with the design or operation of any TerraShare elements added to member sites or pages by TerraShare, including, but not limited to, advertising banners, logos and toolbars.   CONTENT SUBMITTED TO TERRASHARE.COM TerraShare does not claim ownership of the Content you place on your TerraShare Site. By submitting Content to TerraShare for inclusion on your TerraShare Site, you grant TerraShare the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of promoting, distributing, and displaying your TerraShare Site on TerraShare's Internet properties. This license exists only while you are a TerraShare member and will be terminated at the time that either your TerraShare Site or membership is ended. TerraShare does not pre-screen Content. However, TerraShare and its designees have the right, in their sole discretion, to refuse or remove any Content that is available via the TerraShare Service. By agreeing to this ToS, you accept that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the completeness, usefulness or accuracy of that Content. INDEMNITY You agree to indemnify and hold TerraShare, and its affiliates, partners, directors, officers, agents, subsidiaries, co-branders 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 This one’s a no-no, you greedy bastard. If you reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service you’re going straight to the Account Graveyard. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that TerraShare may establish general practices and limits concerning use of the Service. Currently, each TerraShare address allows particular individuals to have 25MB of disk space for his or her files. MODIFICATIONS TO SERVICE TerraShare 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 TerraShare shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. TERMINATION You agree that TerraShare, in its sole discretion, may terminate your password, TerraShare Site, use of the Service or use of any other TerraShare service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TerraShare believes that you have violated or acted inconsistently with the letter or spirit of the TOS. TerraShare 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 TerraShare may immediately deactivate or delete your TerraShare Site and all related information and files in your TerraShare Site and/or bar any further access to such files or the Service. Further, you agree that TerraShare shall not be liable to you or any third-party for any termination of your access to the Service. ADVERTISEMENTS AND PROMOTIONS TerraShare runs advertisements and promotions on TerraShare Sites. By creating your TerraShare Site, you agree that TerraShare has the right to run such advertisements and promotions. The manner, mode and extent of advertising by TerraShare on your TerraShare Site 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 TerraShare 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. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TerraShare has no control over such sites and resources, you acknowledge and agree that TerraShare 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 TerraShare 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. TERRASHARE.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 TerraShare 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. TerraShare 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 TerraShare 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. TERRASHARE 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) TERRASHARE 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 TERRASHARE 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 TERRASHARE 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 TERRASHARE 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. TERRASHARE STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD. 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 THE PRECEDING SECTIONS MAY NOT APPLY TO YOU. 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 preceding sections again. They are highly important 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. TerraShare 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 TerraShare respects the intellectual property rights of others and we ask our users to do the same. Please see our copyright copyright policy. GENERAL INFORMATION The TOS constitute the entire agreement between you and TerraShare and govern your use of the Service, superceding any prior agreements between you and TerraShare or (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 TerraShare services, third-party content or third-party software. The TOS and the relationship between you and TerraShare shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and TerraShare agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Delaware. The failure of TerraShare 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. VIOLATIONS TerraShare does not actively monitor the content of member pages, but will investigate complaints of a violation of the TOS. Please submit any such complaints to help@terrashare.com. Additions Eminent Domain TerraShare reserves the right to take and keep for itself any and all subdomains within the terrashare.com domain. You agree that TerraShare, in its sole discretion, without warning, may exercise "eminent domain" powers over all such subdomains, thereby causing a member to surrender his or her subdomain to TerraShare. Loss of Data You agree that TerraShare is not responsible or liable for any loss of data, nor is it required to return any data, resulting from the suspension or deletion of member pages, network or system outages, file corruption or any other reasons. We urge all members to maintain backup versions of their home pages to guard against losses of any kind. Merger Clause These Terms of Service constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between TerraShare representatives and each Member with respect to the subject matter hereof. TerraShare may amend these Terms of Service at any time without notice. We hope your enjoyment of TerraShare’s services and content will be enhanced by the application of the Terms of Service outlined in this document. It is our belief that you understanding of the guidelines that we have sent forth will allow the TerraShare community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read the TerraShare Terms of Service and we hope you enjoy our services. Parental Controls Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such material, a number of parental control protections (such as computer hardware, software, and filtering services) are commercially available. Thank you for taking the time to read the ToS. Welcome to TerraShare!