(Effective October 1, 2008)
- INTRODUCTION AND ACCEPTANCE
Welcome to spotlets.com (“spotlets”), a service owned and operated by editspot LLC (“editspot,” "us," "we," or "our"). spotlets provides you aspotlets website.
- ADVERTISING SUPPORT
spotlets is currently offered free of charge to members. We are able to offer you these services through advertising support. You agree that in exchange for your use of spotlets, we may place advertising banners, textlinks, search boxes, pop-ups, pop-unders and exit windows on your spotlets Website.
- INTELLECTUAL PROPERTY
- ACCESS AND USE
- You agree that you will not use our spotlets to conduct any activity or solicit the performance of any activity that is prohibited by law or by applicable regulatory authorities. You further agree that you will not use spotlets in any manner that could disable, damage, overburden or impair our network. We reserve the right, at our sole discretion, to deny access at any time to users who breach our policies or cause other abuses which we deem disruptive to the spotlets or others.
- We reserve the right to decline the registration or domain moves of adult-oriented domains and to revoke without refund any of our services which we, in our sole judgment, deem are being used for any unlawful purpose, or to promote adult-oriented or "offensive" material, or as a source of unsolicited bulk e-mail, or as an address to use for replying to unsolicited bulk e-mail, or in a manner injurious to our members, their reputation or the business reputation of the spotlets.com. This policy also applies to Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.).
- We may immediately, and without notice, terminate services for any of the following reasons:
- Sending unsolicited mass e-mails (i.e., to more than 5 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider and using a spotlets hosted domain as a response address.
- Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware"). Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
- Harassing other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or editspot.
- Impersonating another user or otherwise falsifying one's identity for fraudulent purposes.
- Using a spotlets hosted domain to point to or otherwise direct traffic to any material that, in our sole opinion, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material which is threatening or obscene or inappropriate is considered misuse of service.
- Using a spotlets hosted domain that, in our sole opinion, has been used for the following (but not limited to) activities: (a) Transmitting Unsolicited Commercial e-mail (UCE); (b)Transmitting bulk e-mail; (c) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist; (d) Denial of Service attacks of any kind; (e) Copyright or trademark infringement; (f) Reselling or attempting to resell spotlets services; (g) Unlawful or illegal activity of any kind; (h) Promoting “net abuse” in any manner – e.g., providing software, tools or information which enables or supports “net abuse”; or (i) causing loss or creating service degradation for other spotlet members.
- We reserve the right to reject any e-mail to or passing through a spotlets hosted domain or any spotlets computer from any user, domain, provider, IP address/netblock, or company that engages in, permits, or allows itself to be used for spamming.
- USER REGISTRATION
- Use of spotlets requires that you become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.
- If you become a registered user, you agree to provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”). You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at firstname.lastname@example.org of any breach of security or unauthorized use of your Membership.
- YOUR WARRANTIES
You represent and warrant that any material which you place or permit to be placed on a spotlets Website with or without your authority (“Your Content”), or on the Internet through spotlets service, including your domain name(s), will not violate the rights of any third party and will not give rise to any claim of such violation, violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls, or contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, worms, viruses or the like.
You agree to indemnify and hold harmless editspot and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of spotlets and its services; (ii) Your Content; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
(A) YOU EXPRESSLY AGREE THAT USE OF SPOTLETS IS AT YOUR SOLE RISK. SPOTLETS AND SPOTLETS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, EDITSPOT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT SPOTLETS WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS OF SPOTLETS CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SPOTLETS OR ACCESSED THROUGH SPOTLETS; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SPOTLETS; (6) WARRANTIES THAT YOUR USE OF SPOTLETS WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- LIMITATION ON LIABILITY
- YOU AGREE THAT EDITSPOT WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN SERVICES IN YOUR NAME; (B) USE OF YOUR DOMAIN BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY YOUR DOMAIN; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND OUR REASONABLE CONTROL; OR (G) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED.
- In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
- COPYRIGHT POLICY
- We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any spotlet Website or hosted on our systems that may be infringing or the subject of infringing activity.
- In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
DMCA Agent c/o editspot, llc
538 Reading Rd.
Cincinnati, OH 45202
- If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- CHOICE OF LAW; JURISDICTION AND VENUE
- DISPUTE RESOLUTION
In the Dispute Resolution Section only, “we” and “us” are used to refer to you and editspot together.
- If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: email@example.com. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
- The FAA applies to this Agreement and arbitration provision. We each agree the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
- We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
(C) Either of us may bring qualifying claims in small claims court.
- NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
- NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
- AMENDMENT; ADDITIONAL TERMS