| Introduction
Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you
agree to when you use the file storage services provided to you by SpanBLOG through www.spanblog.com.
There are two parts to these Terms. The first applies to all visitors to this site and to those who
use the SpanBLOG service as "KeyHolders," i.e., persons given a password in order to access the files
of a subscriber to the service. The second applies particularly to SpanBLOG Subscribers.
1. Operator
This Service is operated by Airaghi Group, Inc. (DBA "SpeedSpan"), a company incorporated under the laws of the State of Ohio whose principal business address is 617 Vine St, Cincinnati, OH 45202.
SpeedSpan and SpanBLOG are used interchangably here to refer to the service provider, who is also referred to in these Terms as "we" and "us".
2. Purpose of the Service
SpanBLOG is a service for SpanMail users which provides the ability to create and manage a BLOG.
3. Availability
SpanBLOG uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of SpanBLOG. Every reasonable step will be taken by SpanBLOG to minimise such disruption where it is within the reasonable control of SpanBLOG. You agree that SpanBLOG shall not be liable to you for any modification, suspension or discontinuance of the Service.
4. Privacy
SpanBLOG has a firm commitment to safeguarding your privacy. Please review SpanBLOG's
Privacy Policy.
The terms of SpanBLOG's privacy policy are incorporated into, and considered part of, these Terms.
5. Trademarks
All brand, product and service names used in this Service which identify SpanBLOG or SpeedSpan or third parties and their products and services are proprietary marks of those parties. Nothing in this Service shall be deemed to confer on any person any licence or right on these entities with respect to any such image, logo or name.
6. Copyright
SpanBLOG is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not re-use or reproduce any such content in any form other than for personal use, or transmission to another party for their personal use, or as necessary and incidental to your legitimate use of the service.
7. External Links
From time to time SpanBLOG may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. SpanBLOG does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that SpanBLOG is not liable for any loss or damage that you may suffer by using other websites.
8. Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have subscribed to the SpanBLOG service, we shall notify you of any material changes to these Terms by email sent to the address you have provided to SpanBLOG for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
9. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Ohio.
10. General
These Terms constitute the entire agreement between SpanBLOG and you with respect to your use of the Service unless you are a subscriber, as described below. SpanBLOG's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
11. Comments
If you have any comments or questions about the Service please contact us by email at service@speedspan.com
or by telephone (513) 579-1990.
12. Client
A client is any entity (company or individual) who has paid to use the SpanMail service, and has accessed their account at least once.
13. Eligibility
To subscribe to the SpanBLOG service, you must be at least 18 years of age.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
14. Password
When you register as a member you will be given a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify SpanBLOG immediately of any unauthorised use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
15. Formation of a Binding Contract
No contract will exist between you and SpanBLOG for the supply of any services or products unless and until SpanBLOG accepts your order and receives payment.
16. Pricing and Delivery
All prices are stated in US dollars and are valid for a given customer for the period of time agreed upon, commonly one year. The full amount is due before the end of the first month of service, or SpanBLOG reserves the right to discontinue the service.
17. Right to Terminate
You may inform us of your decision not to continue using the service at any time. However, after the service has been in place for 30 days or more, we will only refund the amount left after the current and subsequent month have been charged.
18. Ownership of Stored Files
SpanBLOG does not claim ownership rights for any file contained in your account. For the sole purpose of enabling us to deliver your files to users you authorize (including the display of thumbnails of your images on the file listing pages), you grant to SpanBLOG a non-exclusive, royalty-free license to use, copy, distribute, and display those files. Please note that when you share files, you allow the recipients to share and make copies of those files.
19. Conduct
You are responsible for all of the files you upload, share or copy using the Service. You must have the legal right to copy and display the files that you upload. Documents, pictures, or other files provided by professional services are protected by copyright and should not be uploaded, shared or copied via SpanBLOG without permission.
You agree not to:
- use the service for any unlawful purposes;
- upload material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
- upload any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to SpeedSpan;
- harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or;
- upload any file which may cause harm to SpanBLOG or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service.
You further agree that you shall not:
- interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service, or;
- provide any information to SpanBLOG that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
20. Monitoring of Content
SpanBLOG does not control the content of Subscribers' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
Further, SpanBLOG has no obligation to restore content that has been changed by the Subscriber, or by any person to whomm the Subscriber has given access to the account.
21. Suspension and Termination of SpanBLOG service
You agree that SpeedSpan may at any time without notice:
- refuse to accept your application for a SpanBLOG account;
- move or suspend any part of the Service, or;
- terminate your account and delete any content stored in your account if, in SpeedSpan's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires SpeedSpan to do so.
22. Storage Policy
SpanBLOG provides online storage of files to its members. Failure to pay SpanBLOG fees, will result in termination of access to the account, deletion of the content of the account, and deletion of the account information held for that account by SpanBLOG. SpanBLOG may change this policy at any time, upon reasonable notice to you.
23. Disclaimer of Warranty and Limitation of Liability
SpanBLOG agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, SPANBLOG, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY SPEEDSPAN "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEEDSPAN DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO SPANBLOG, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY MISTAKE BY SPEEDSPAN, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, SPEEDSPAN WILL BE LIABLE ONLY TO REPLACE THE DEFECTIVE PRODUCT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, SPEEDSPAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF SPANBLOG AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF SPEEDSPAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Questions About
SpeedSpan Practices or these Terms
If you have any questions about these Terms of Service or the practices described herein,
you may contact us:
Mail
SpeedSpan
PO Box 8154
Cincinnati, Ohio 45208
Office
SpeedSpan
617 Vine Street
Suite 1431
Cincinnati, Ohio 45202
Revisions to This Policy
SpeedSpan reserves the right to revise, amend, or modify these Terms and our other policies
and agreements at any time.
SpanBLOG Terms of Service
© 2005 SpeedSpan, Inc.
Rev. 9/08/2005
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