1.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not FYI-Comm, are entirely
responsible for all Content that you upload, post or otherwise transmit
via the Service. FYI-Comm does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable.
You agree to not use
the Service to:
(a) upload, post or
otherwise transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
(b) harm minors in any
way;
(c) impersonate any
person or entity, including, but not limited to, a FYI-Comm official,
forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
(d) forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service or develop restricted or
password-only access pages, or hidden pages or images (those not linked to
from another accessible page);
(e) 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);
(f) upload, post or
otherwise transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
(g) 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, except in those areas of the Service that are designated
for such purpose;
(h) 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;
(i) disrupt the normal
flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
(j) 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;
(k) 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;
(l) "stalk"
or otherwise harass another;
(m) collect or store
personal data about other users;
(n) 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, and
creating "Crush" sites;
(o) use your home page
(or directory) as storage for remote loading or as a door or signpost to
another home page, whether inside or beyond FYI-Communities;
(p) have multiple
FYI-Communities addresses that are within the same FYI-Comm neighborhood
or that have the same theme; or
(q) engage in
commercial activities without enrolling in FYI-Comm-approved affiliate
programs. This includes, but is not limited to, the following activities:
- offering for sale any products or services;
- soliciting for advertisers or sponsors;
- conducting raffles or contests that require any type of
entry fee;
- displaying a sponsorship banner of any kind, including
those that are generated by banner or link exchange services, with the
sole exceptions of the FYI Banner Exchange program; and
- displaying banners for services that provide cash or
cash-equivalent prizes to users in exchange for hyperlinks to their
web sites.
2. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
3. CONTENT SUBMITTED TO FYI-COMM COMMUNITIES
FYI-Comm does not claim ownership of the Content you place on your FYI-
Communities Site. By submitting Content to FYI-Comm for inclusion on your
FYI-Communities Site, you grant FYI-Comm the world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying, distributing and promoting your
FYI-Communities Site on FYI-Comm's Internet properties. This license
exists only for as long as you continue to be a FYI-Communities
homesteader and shall be terminated at the time your FYI- Communities Site
is terminated.
You acknowledge that FYI-Comm does not pre-screen Content,
but that FYI-Comm and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or remove any Content that
is available via the Service. Without limiting the foregoing, FYI-Comm and
its designees 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.
4. INDEMNITY
You agree to indemnify and hold FYI-Comm, 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.
5. 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.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FYI-Comm may establish general practices and limits
concerning use of the Service.
7. MODIFICATIONS TO SERVICE
FYI-Comm 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 FYI-Comm shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
8. TERMINATION
You agree that FYI-Comm, in its sole discretion, may terminate your
password, FYI-Communities Site, use of the Service or use of any other
FYI-Comm service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or if FYI-Comm
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. FYI-Comm 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 FYI-Comm may immediately deactivate
or delete your FYI-Communities Site and all related information and files
in your FYI-Communities Site and/or bar any further access to such files
or the Service. Further, you agree that FYI-Comm shall not be liable to
you or any third-party for any termination of your access to the Service.
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