[Terms of Service]
We may monitor or keep any records that We deem
necessary of Your use of the Service.
The use of the Service is at Your sole risk and is
entirely Your responsibility. We do not warrant that the Service will be
uninterrupted or error free, nor do We make any warranty as to the results
obtained from the use of the Service.
All Falling Rocks services are provided on an
"AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,
IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties,
so this exclusion may not apply to you in full.
Falling Rocks makes no guarantee
of availability of service and reserves the right to change, withdraw, suspend,
or discontinue any functionality or feature of the Falling Rocks Service. IN NO
EVENT WILL FALLING ROCKS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FALLING ROCKS' SERVICES
OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, FALLING
ROCKS' REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON
FALLING ROCKS' SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR
OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION;
DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE
CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT,
DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
This
Agreement shall remain in place until it is terminated by either You or Us by
giving one month's signed written or e-mail notice. We reserve the right to
terminate the Service to You without notice if You misuse or abuse the Service.
By
submitting Your site to Our Service, you represent that the pages comply with
these Terms of Service. If any third party brings a claim, lawsuit or other
proceeding against Falling Rocks based on Your conduct or use of Falling Rocks
services, you agree to compensate Falling Rocks (including its officers,
directors, employees and agents) for any and all losses, liabilities, damages
or expenses, including legal fees, incurred by Falling Rocks in connection with
any such claim, lawsuit or proceeding.
You are solely and fully responsible
for any content that you post on Our Service. We do not regularly review the contents
of materials posted by clients or other visitors to Our Service. We strictly
prohibit the posting of the following types of content on Our server:
We do not allow pornography, and sexual material of a lewd,
lecherous or obscene nature and intent or that violates local, state, national
and international laws.
We do not allow any material that violates or infringes in any way
upon the proprietary rights of others, including, without limitation, copyright
or trademark rights; this includes "WAREZ" (copyrighted software that
is distributed illegally), "mp3" files of copyrighted music,
copyrighted photographs, text, video or artwork.
We do not allow any material that is threatening, abusive,
harassing, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane, indecent, or otherwise objectionable; including posting other
peoples' private information.
We do not allow content that promotes, encourages, or provides
instructional information about illegal activities---specifically hacking, cracking,
or phreaking.
We do not allow any software, information, or other material that
contains a virus, "Trojan Horse", "worm" corrupted data, or
any other harmful or damaging component.
We do not allow hate propaganda or hate mongering, swearing, or fraudulent
material or activity.
Falling
Rocks is the final arbiter of what IS and IS NOT allowed on Our Service.
Further, Falling Rocks reserves the right to modify or remove anything
submitted to their server. Actions or activities that may cause termination of
Your Service and removal of Your site(s) include, but are not limited to:
- posting or providing links to any content which violates Our
Terms of Service;
- conducting or providing links to any raffle, contest, or game
which violates any local, state, national or international laws;
- Sending unsolicited email containing any reference to Your
Falling Rocks site.
We reserve the right to monitor, and to investigate
any complaints regarding any content of Falling Rocks sites, message-board
postings, or any chat room statements and to take appropriate action if Falling
Rocks finds violations of these Terms of Service. Accordingly, you agree that
Falling Rocks will have the right to access Your site at any time, without
advance notice. If access to Your site is restricted, whether by password or
otherwise, you agree to provide Falling Rocks with whatever information is
required to access Your site. In the case of any such complaint, Falling Rocks
reserves the right to remove the content complained of while the You and the
complaining party attempt to resolve their dispute. This could result in Your
sites(s) being removed from Our server for as long as it takes to resolve the
dispute.