Terms of Service for Auction-Coach.com Blog Host
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Auction-Coach.com Blog Host, owned and operated by Auction-Coach.com Blog Host, is provided to you ("Member") under the terms and conditions of this Auction-Coach.com Blog Host Terms of Service (TOS) and any operating rules or policies that may be published by Auction-Coach.com Blog Host. The TOS comprises the entire agreement between Member and Blog 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
Auction-Coach.com Blog Host provides Members with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free of charge, others may cost money or have other requirements. 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
Auction-Coach.com Blog Host may change the terms and conditions of the TOS from time to time. Upon major changes in the terms and conditions of the TOS, Auction-Coach.com Blog Host will notify you by posting the changes as an announcement via members blogs & or also by email prior to your subsequent use of the Service. If you agree to be bound by the changes, you may remain blogging as normal. If you do not agree with the changes, you may terminate your use of the Service at that time. Minor changes in the terms and conditions of the TOS will be posted to Members Blogs.
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
Auction-Coach.com Blog Host reserves the right to modify or discontinue the Service with or without notice to Member. Auction-Coach.com Blog Host shall not be liable to Member or any third party should Auction-Coach.com Blog Host exercise
5. PRIVACY POLICY
All information entered into Auction-Coach.com Blog Host by Member is private to Member except to the extent that he or she opts to share that information with other Auction-Coach.com Blog Host members and/or the public, through Auction-Coach.com Blog Host or otherwise.
It is Auction-Coach.com Blog Host's policy to respect the privacy of Members. Therefore, Auction-Coach.com Blog Host will not disclose to any third party Member's name or contact information. Auction-Coach.com Blog Host will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Auction-Coach.com Blog Host; (2) protect and defend the rights or property of Auction-Coach.com Blog Host; or (3) act under exigent circumstances to protect the personal safety of TOS members or the public; (4) fix or debug problems with the Blog software/service.
6a. CONTENT OWNERSHIP
Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through Auction-Coach.com Blog Host or otherwise enters into Blog-related services.
6b. CONTENT RESPONSIBILITY
Member acknowledges and agrees that Auction-Coach.com Blog Host 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.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. Member agrees to immediately notify Auction-Coach.com Blog Host of any unauthorized use of Member's account or any other breach of security known to Member.
8. 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.
AUCTION-COACH.COM BLOG HOST 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.
AUCTION-COACH.COM BLOG HOST MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR 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.
AUCTION-COACH.COM BLOG HOST 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.
9. LIMITATION OF LIABILITY
AUCTION-COACH.COM BLOG HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, 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 YOU.
10. NO RESALE OF THE SERVICE
Member agrees not to resell the Service, without the express consent of Auction-Coach.com Blog Host. (Note: Setting up Auction-Coach.com Blog Host for clients to update their web pages and charging for your time is fine.)
11. STORAGE AND OTHER LIMITATIONS
Auction-Coach.com Blog Host assumes no responsibility for the deletion or failure to store information entered into Auction-Coach.com Blog Host.
Auction-Coach.com Blog Host has set no fixed upper limit on the number or posts Member may send or receive through the Service or the amount of storage spaced used; however, Auction-Coach.com Blog Host retains the right, at Auction-Coach.com Blog Host 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.
12. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Auction-Coach.com Blog Host may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the TOS.
13. INDEMNIFICATION
Member agrees to indemnify and hold Auction-Coach.com Blog Host, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this TOS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
14. TERMINATION
Either Member or Auction-Coach.com Blog Host may terminate the Service with or without cause at any time and effective immediately. Auction-Coach.com Blog Host shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and Auction-Coach.com Blog Host will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
15. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. Auction-Coach.com Blog Host may broadcast notices or messages through the Service to inform Member of changes to theTOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Auction-Coach.com Blog Host assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Auction-Coach.com Blog Host or Auction-Coach.com Blog Host's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
18. LAWS The TOS
Shall be governed by and construed in accordance with the laws of the state of California, excluding TOS conflict of law provisions.
Member and Auction-Coach.com Blog Host agree to submit to the exclusive jurisdiction of the courts of the state of Kentucky. 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.
Auction-Coach.com Blog Host'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 Auction-Coach.com Blog Host in writing.
Member and Auction-Coach.com Blog Host 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.
VIOLATIONS
Please report any violations of the TOS via the Auction-Coach.com Blog Host Support page.
