Terms and Service
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
OpenStub.com ("OpenStub"), owned and operated by eSolutech, LLC ("EST"), is provided to users ("Member") under the terms and conditions of this OpenStub Terms of Service (TOS) and any operating rules or policies that may be published by eSolutech. The TOS comprises the entire agreement between Member and OpenStub and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS
2. DESCRIPTION OF SERVICE
OpenStub provides Member with various publishing and web services, including but not limited to the capability to post information to a web page. Some of these services will be free of charge, others may cost money or have other requirements. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this TOS. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE
EST may change the terms and conditions of the TOS based upon ascertained need or requirement. EST will notify Member upon major changes in the terms and conditions of the TOS. Minor changes in the terms and conditions of the TOS will be posted to OpenStub News at www.OpenStub.com. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TOS and TOS modifications; and (2) agreement by Member to abide and be bound by the TOS and TOS modifications.
4. MODIFICATIONS TO SERVICE
EST reserves the right to modify or discontinue the Service with or without notice to Member. EST shall not be liable to Member or any third party should EST exercise TOS right to modify or discontinue the Service.
5a. CONTENT OWNERSHIP
Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through OpenStub or otherwise enters into OpenStub-related services.
5b. CONTENT RESPONSIBILITY
Member acknowledges and agrees that EST neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
6. MEMBER CONDUCT
Member understands 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 the Member and not EST, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. EST 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. EST reserves the right to modify or discontinue the Service with or without notice to Member, when the Service is being accessed in a manner that is inconsistent with the intended use, fraudulent, or causes performance impairment to other members.
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, 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 EST official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) 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); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) 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; (g) 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; (h) 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; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) 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;
7. CONTENT SUBMITTED TO OpenStub
EST does not claim ownership of the Content you place on your OpenStub Site. EST may quote or reproduce small portions of your content (if you have made it public) in order to promote your OpenStub site and/or the OpenStub service, but only on a fair-use-type basis. You acknowledge that EST does not pre-screen Content, but that EST 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, EST 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.
8. THIRD PARTY SERVICES
EST may use technology partners to provide certain features. By using those features you agree to the terms of service provided by said third party vendors.
Member agrees to indemnify and hold EST, 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 the Member.s Content, use of or connection to the Service, violation of the TOS, or violation of any rights of another.
10. NO RESALE OF SERVICE
Member agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
11. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once the Member begins to utilize the Service, the Member shall receive a password and an account. Member is fully responsible for their own breaches of confidentiality of their password and account. Furthermore, the Member is responsible for any and all activities which occur under the Member.s account. Member may change their password at any time (to do so, go to the Settings menu option); the Member may also set up a new account and close an old one at their convenience. Member agrees to immediately notify EST of any unauthorized use of Member's account or any other breach of security known to Member.
Member agrees that EST, in its sole discretion, may terminate their password, OpenStub Site access, use of the Service or use of any other EST service, and removal or discarding of any Content within the Service, for any reason, including, without limitation, for lack of use or if EST believes Member has violated or acted inconsistently with the letter or spirit of the TOS. EST may also in its sole discretion unilaterally discontinue providing the Service, or any part thereof, with or without notice. Member agrees that any termination of their access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that EST may immediately deactivate or delete the Member.s OpenStub Site and all related information and files in their OpenStub Site and/or bar any further access to such files or the Service. Further, Member agrees that EST shall not be liable to you or any third-party for any termination of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
14. EST PROPRIETARY RIGHTS
Member acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Member through the Service or advertisers is protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws.
15. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EST 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.
EST MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EST MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
16. LIMITATION OF LIABILITY
EST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.
17. STORAGE AND OTHER LIMITATIONS
EST assumes no responsibility for the deletion or failure to store information entered into OpenStub. EST retains the right, at EST's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member's conduct is found to be inconsistent with the TOS.
All notices to a party shall be in writing and shall be made either via email or conventional mail. EST may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service, additional products or features, or other matters of importance; such broadcasts shall constitute notice to Member.
The TOS shall be governed by and construed in accordance with the laws of the State of Ohio. Member and EST agree to submit to the exclusive jurisdiction of the courts of the state of Ohio. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. EST's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EST in writing. Member and EST agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and EST and governs your use of the Service thereby superceding any prior agreements between Member and EST or OpenStub (including, but not limited to, any prior versions of the TOS). Member may also be subject to additional terms and conditions that may apply when Member uses an affiliate or other EST services, third-party content or third-party software. The TOS and the relationship between Member and EST shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. Member and EST agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Franklin, Ohio. The failure of EST 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. Member agrees 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.
Please report any violations of the TOS via the OpenStub Support home page.