Terms of Service
Last updated: 3 May 2003
- ACCEPTANCE OF TERMS
Journals.jevon.org provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without notice. You can review the current version of the TOS at: [http://journals.jevon.org/users/server/page.php?page=tos]. Failure to comply with these TOS may result in account revocation.
- DESCRIPTION OF SERVICE
Journals.jevon.org is a web-based service that allows its users to create and update online journals (herein referred to as the "Journals", or "the Service"). The Service can be updated through a web browser. Once registered with Journals.jevon.org, 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 Journals.jevon.org's servers or on the servers of a third party.
- ACCOUNT STRUCTURE
Journals.jevon.org currently has a single tier account structure.
- Free Accounts: Journals.jevon.org accounts are available for free to all valid registrants. Free accounts currently offer all features available.
You hereby agree to this structure, and to Journals.jevon.org's right to add, change, modify, or otherwise discontinue any type of account and/or its respective services.
- YOUR REGISTRATION OBLIGATIONS
All the information we collect from you will be for statistical and demographic purposes only. We will not give out your information or sell it to others. Further, we will not send you junk mail either. The only things we email you will be things you explicitly ask for (like a password reminder), mailing lists that you sign up for, notifications about thoughts, or notifications about your account status.
Your email address is collected to have an address to send you lost password notifications (when this functionailty is implemented). Also, collecting email addresses serves as a way to limit abuse of the system, in that we only allows accounts to remain active when the email address has been verified. We only send you mail once when you create your account, to verify your address. We may also e-mail you when you get new thoughts or replies to thoughts, if you select the appropriate options in your Journal Options.
You agree to indemnify and hold Journals.jevon.org, 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, 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.
- SPECIAL ADMONITIONS FOR INTERNATIONAL
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.
- GENERAL PRACTICES REGARDING USE AND
You acknowledge that Journals.jevon.org may establish general practices and limits concerning use of the Service and may modify those general practices at any time.
- MODIFICATIONS TO SERVICE
Journals.jevon.org 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 Journals.jevon.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- 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.
You agree that Journals.jevon.org, 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 Journals.jevon.org 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 Journals.jevon.org's discretion, will be terminated as well. Journals.jevon.org 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 Journals.jevon.org may immediately deactivate or delete your Journals.jevon.org journal and all related information and files. Journals.jevon.org reserves the right to bar any further access to such files or the Service. You agree that Journals.jevon.org shall not be liable to you or any third-party for any termination of your access to the Service.
- ADVERTISEMENTS AND PROMOTIONS
Journals.jevon.org has decided to remove all banner advertisements and promotions on Journals.jevon.org journals, other than a small copyright notice at the bottom of each page. However, Journals.jevon.org reserves the right to run advertisements and promotions on the Journals service in the future. By using Journals.jevon.org, you agree that Journals.jevon.org has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Journals.jevon.org on your journal are subject to change. You agree that Journals.jevon.org 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.
The Service, or relevant third parties, may provide links to other World Wide Web sites or resources. Because Journals.jevon.org has no control over such sites and resources, you acknowledge and agree that Journals.jevon.org 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 Journals.jevon.org 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.
- JOURNALS.JEVON.ORG PROPRIETARY RIGHTS
You must 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 Journals code and specifications are subject to their said or implied licenses. Such code may not be used with malicious intent to find security vulnerabilities.
- JOURNAL CONTENT
Guidelines for posting to your online journal shall be as follows:
- All Content posted to Journals.jevon.org in any way, is the responsibility and property of the author. Journals.jevon.org is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any journal Content. Within the confines of international and local law, Journals.jevon.org will 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, Journals.jevon.org is committed to submitting all necessary information to the proper authorities;
- Should any Content be reported to Journals.jevon.org as being offensive or inappropriate, Journals.jevon.org might call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the Journals.jevon.org staff. Should the author fail to meet such a request from Journals.jevon.org staff, Journals.jevon.org has the full authority to terminate any such reported and verified offensive account holding such inappropriate content. Journals.jevon.org, however, is under no obligation to restrict or monitor journal Content in any way;
- Journals.jevon.org 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 Journals.jevon.org staff in protecting such Content;
- Journals.jevon.org reserves the right, without limitation except by law, to serve user Content on the web according to the security provisions set forth by the author. Journals.jevon.org also reserves the right, without limitation, to resell any portion of a user's Journal back to that individual;
- You acknowledge that Journals.jevon.org does not pre-screen Content, but that Journals.jevon.org and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, Journals.jevon.org and its designates 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. Furthermore, Journals.jevon.org reserves the right to limit access to your journal, if found in violation of the TOS, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding Journals and users.
- MEMBER CONDUCT
You understand that 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. Journals.jevon.org 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 Journals.jevon.org's sole discretion as to what action should be taken.
You agree to NOT use the Service to:
- Upload, post or otherwise transmit any content that is in Journals.jevon.org's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to anotherís privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way, as seen by Journals.jevon.org or applicable law;
- Impersonate any person or entity, including, but not limited to, a Journals.jevon.org staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- 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);
- Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- 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;
- 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;
- 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;
- 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;
- "Stalk" or otherwise harass another person or company;
- Collect or store personal data about other users for business purposes;
- 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 or incendiary devices;
- Use Journals.jevon.org as a forwarding service to another website;
- Allow usage by others in such a way as to violate Journals.jevon.org's TOS;
- Engage in commercial activities within Journals.jevon.org or
on behalf of Journals.jevon.org without prior approval. This
includes, but is not limited to, the following
- Displaying a banner that is designed to profit you or any other business or organization; and
- Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
If any user is reported to be in violation with the letter or spirit of these terms, Journals.jevon.org retains the right to terminate such account at any time without further warning.
- 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. JOURNALS.JEVON.ORG 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) JOURNALS.JEVON.ORG 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 JOURNALS.JEVON.ORG 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 JOURNALS.JEVON.ORG 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 JOURNALS.JEVON.ORG 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.
The TOS constitutes the entire agreement between you and Journals.jevon.org and governs your use of the Service, superseding any prior agreements between you and Journals.jevon.org (including, but not limited to, any prior versions of the TOS). The laws of New Zealand shall govern the TOS and the relationship between you and Journals.jevon.org, without regard to its conflict of law provisions. You and Journals.jevon.org agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand. The failure of Journals.jevon.org 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.
If you think you have been abused through misuse of the Terms of Service, first look through these terms and see whether or not the situation is actually a violation of the Terms of Service. If the TOS isn't being violated, the Abuse team won't get involved.
If after you do that, you would still like to file a request and have the Abuse team make an investigation, you will need to include the following:
* Your username
* The usernames of all other users involved
* URLs to SPECIFIC posts or comments where you feel that the ToS has been violated. The Abuse team WILL NOT investigate requests without this information. A link to a user's entire journal does not suffice as enough information to begin researching a situation.
* Any other proof that you would like to present.
Please note that the Abuse team will not consider comment notification emails, chat logs, system logs, or third party reports as evidence. Also note that the Abuse team doesn't accept requests on behalf of a third party. If your friend is being harassed, your friend will need to open a request under his or her own username.
Once you have gathered all the information and written a report, send it via email to firstname.lastname@example.org. This is the only email address that accepts abuse requests. Your report will not be read unless it is sent to email@example.com.
DO NOT provide attachments to your email that you send to firstname.lastname@example.org. The attachment will be stripped, and if the file is too large, it will cause your email to bounce.
It will take time for your request to be answered. Some requests are handled within days. Some others, especially the ones that require lots of investigation, may take several weeks. Please don't email the Abuse team again to ask about your request, as that will only add to the workload and delay your response further.
Additionally, please do not ask all of your friends to write in regarding a problem you are having. The Abuse team only needs one report to investigate a claim, and each report above and beyond the first report simply serves to slow the investigative process. The Abuse team's decision will not be swayed by a write-in campaign; decisions are made in accordance with the Terms of Service, and not popular opinion.