OnlineDiarySite.Com (hereafter known as ODS) provides services to it
diarists, readers and other visitors (collectively known hereafter as User(s))
according to the terms stated in this agreement. By using the services
provided by ODS including but not limited to reading/posting entries or
comments and other such services you do hereby agree to be bound by
the terms of this agreement. If you do not agree with the terms stated
herein, then please notify ODS and discontinue usage of the ODS site and
its services. By continuing to use the ODS site and/or the services provided
therein, you are signifying acceptance of this agreement and you willingness
to abide by the ODS terms.
For your personal use only
ODS may only be used for your own personal diary and all services provided by
ODS are intended to be used by an individual for personal use ONLY. Any
business or commercial use of the ODS site and/or its services is strictly
prohibited.
Each User of the ODS site is responsible for ensuring that all materials posted
to, transmitted through or in any way conveyed via the ODS site are not in
violation of any state or federal law which may apply to the ODS site. This
includes but is not limited to federal copyright laws, state and federal stalking
laws, state and federal privacy laws, etc. Should ODS become aware of any
such violation by a User, then the material in question will be immediately
removed by ODS staff and the User will be warned and/or have their account
limited or terminated. ODS is not required to notify a User prior to taking this
action. Users may appeal any such decision by ODS staff however, ODS does
have sole discretion is these matters and the determination made by ODS
will be final.
You must provide accurate identification including but not limited to email
address, Birthday and any other information that may be required at any time
by ODS staff. Each User's information will be used to manage his/her account
at ODS and will NEVER be sold or given to any other agency without that User's
express permission unless so ordered by a court of law.
Each User is responsible for managing his/her own account at ODS. While
ODS does try to secure their site as much as possible, account security is
in the end the responsibility of each User. Each User should keep his/her
password and other security information confidential. ODS will never ask you
for this information and it should NEVER be transmitted by email or the ODS
message system. ODS encourages each User not to give their password to
ANYONE. Each User is responsible for all content originating from his/her
account. If a User feels that his/her account has been "hacked" through
no fault of his/her own then that User may petition ODS for help in discovering
the guilty party. ODS does not guarantee to be able to determine the guilty
party, but will make every attempt to assist ODS site Users if possible.
Rules and Policies
Most of the ODS rules are about showing respect for all Users of the ODS site.
In short, A User's right end where another User's rights begin. This means that
if a User is being respectful and tolerant of other Users and not deliberately
attempting to upset other Users then that User is probably not breaking any
of the ODS rules. However, each User is responsible for his/her actions and
thus should read this agreement carefully to understand EXACTLY what the
rules are.
- Spamming is strictly prohibited on the ODS site. Spamming includes but is not limited to, leaving unwelcome comments in diaries, forums, messages, chat or other areas os the ODS site Spamming also includes the continued flooding of entries or lists with repetative or nonsense text.
- Sexually explicit, racist, or other offensive language is forbidden in Diary Titles, Names, Signatures, or any searchable field. Any entry that contains this type of content, must be set to "Members Only",or a higher security setting. We monitor this site and anything of this nature thats in violation of our User Agreement will be marked as private, until the diarist is contacted. Please remember Harassment, Defamation or Slander of any kind will NOT be tolerated.
- If a User is harassed by another User in any way, notify ODS immediately. Do not retaliate, but let ODS handle the problem.
- A User may not prevent other Users from entering any forums or chat rooms, regardless of the means used to do so. Each User may block other Users from sesitive material they posted Using ONLY the methods provided by ODS.
- A User may not impersonate ODS or its representatives, associated companies, or pretend to be a member of staff. It is also not permitted to create diaries for the sole purpose of impersonating, making fun of, insulting, or harassing other Users.
- A User may not use ODS to obtain or distribute personal "real life" information (I.e.: Name, phone number, location and address, etc...) or media (I.e.: Photographs, audio or video recordings, etc...) of other Users without their express permission. This includes posting URLs to internal or external links.
- Users who are considered to be minors as determined by ODS may not use the website without the permission of their parents. Parents or legal guardians are legally responsible for the actions of their minor children at ODS
- Passwords, data encryption, User Permission Settings, Security Procedure Implementation and other such dvices are a means to make ODS more safe and secure. It is STRICTLY PROHIBITED for any User to attempt to bypass, circumvent, hack, disable or in any way avoid such security measures. Users are also STRICTLY PROHIBITED from attempting to crash, slow, cripple or otherwise effect the performance of the ODS site or ther servers it runs on. All activity is logged and suspicious activity may result in legal action. Offenders will be prosecuted to the fullest extent allowed by law.
- It is solely the responsibility of each User to ensure that he/she does not violate any local, state,, federal, national or international laws or regulations. You agree to indemnify ODS from any liability which may arise from any such violations, or from any other actions you take which cause harm or damages to another individual, even if they are not a User of ODS..
- Temporary policies may go into effect at any time for various reasons all at the sole discretion of ODS. These will not be listed in this document, but each User may be informed of them through other means (announcements, in site message system or directly from a staff member or Administrator). Such policies are enforcable as if they were speciffically listed in this agreement. As such, by using the ODS site each User agrees to be bound by these temporary policies when they arise.
- ODS reserves the right to make a determination at any time on any circumstance not addresseed in this agreement. Users of the ODS site agree to abide by all ODS determinations and policies whether they are speciffically listed in this agreement or not.
Service
ODS grants each User a limited, non-exclusive license to use the ODS site
and its services. ODS provides the service as an interface to host
public diaries on the Internet. Each User is granted the license to use the
service for this sole purpose and may not use it for any other purpose.
Charges and Fees
Accessing the ODS site is free of charge, except for any fees and charges of
your Internet Service Provider or that are caused by connecting to
the Internet and using the computer. Additional products and services (including
account upgrades) are offered for extra charges. Purchased services are
available for various features not offered to free accounts. Fees for special
items or services are paid in advance and are not refundable in whole or in part .
Each User is fully liable for all charges incurred on his/her credit card, Paypal
account or other such payment tool. ODS is not responsible for any
unauthorized charges due to identity theft or other such attacks.
Materials and Content
The ODS site contains content including but not limited to text, graphics,
audio effects, music, animations, and other such visual elements. This
content is the intellectual property of and owned in whole by ODS.
Users are STRICTLY PROHIBITED from downloading, altering or in any way
reproducing such content. All such content is protected under US Copyright
Law. Ownership of this material can not be transfered to any User for any
reason.
Users of the ODS site may post, transmit or in other ways convey content
including but not limited to text, graphics, audio effects, music, animations
and other such visual effects as well as PRIVATE data via the ODS site. All
such content is the intellectual property of the copyright holder or creator.
Each User bears sole responsibility for the content transmitted via his/her
account and takes sole liability for any vialation of law associated with
transmitting said content. ODS can never be held liable for the content
a User transmits through the ODS site. Each User agrees to take full
liability for any content transmitted via the ODS site. ODS is not responsible
for securing a User's copyrighted content nor for enforcing copyright laws.
ODS bears no responsibility or liabilty for any infringment of copyright law.
While each User is the owner of his/her work, should such work be
submitted to ODS for any contest or other considerations, that User automatically
grants ODS a non-revokable lifetime license to use the content submitted to
ODS royalty free for any purpose that ODS chooses including but not limited to
Marketing, Advertising, Incorporation in Site Design, etc.
Conduct and Communication
Each User agrees to follow the terms outline in this agreement. ODS shall have
the right to terminate your account for any reason at their sole discretion. Each
User acknowledges that ODS does not pre-screen content or communications
transmitted via the ODS site, operating as a "common carrier" for communications
between Users and is therefore not liable for any communication, content or
action not prevented by ODS.
Parental Guidance
Many, but not all, areas of Online Diary Site are suited for members of all ages.
We recommend that concerned parents take a look around Online Diary Site
themselves, either with your children or by yourself beforehand, to see what
kinds of things your children may see. (Parents may also come back again to
start an account of their own if they wish - Online Diary Site is meant to appeal
to people of all ages.) Children under the age of 15 may use Online Diary Site
only under supervision of a parent or their legal guardian. While Online Diary
Site may choose to monitor and take action upon inappropriate use of the
Service, chat or links, it is possible that at any time there may be language or
other material accessible on or through the Service that may be inappropriate
for children or offensive to some users of any age. Online Diary Site does not
as a matter of policy pre-screen the content of the materials or communications
transmitted by each member. Children younger than 15 years of age may not
use the Service without parental supervision. Children younger than 13 are not
allowed to use our site. In addition, children under 18 are not allowed to make
any purchases from Online Diary Site. If you wish them to have any premium
or plus services, these must be purchased for them by a parent or other
individual old enough to make purchases.
Privacy
You acknowledge that you have no guarantee of privacy regarding the
communications you make on the Online Diary Site service, the Online Diary
Site Myspace and the associated forums. While Online Diary Site does not
monitor conversations between members or private messages sent between
them, our staff may from time to time see such messages in the course of
debugging, or of investigating security problems and rule violations. You also
consent to the extraction of hardware system profile data and any data
related to operation of the service through the Service from any computer
that logs on to the Service using your account.
Disclaimer of Warranty
To the maximum extent allowed by law, Online Diary Site, associated
individuals and companies do not warrant any connection to, transmission
over, or results or use of, any network connection or facilities provided
(or failed to be provided) through the Service. You are responsible for assessing
your own computer and transmission network needs, and the results to be
obtained there from. You expressly agree that use of the service is at your
sole risk. The Service is provided on an "as is" and as available basis. Unless
such warranties are legally incapable of exclusion, Online Diary Site and
associated individuals and companies disclaim all implied warranties and
conditions, including without limitation any implied warranties or conditions
of merchantability, fitness for a particular purpose, non-infringement of third
party rights, and those arising from a course of dealing or usage of trade,
regarding the Service, and the Internet. Online Diary Site, associated individuals
and companies assume no responsibility for any damages suffered by you,
including, but not limited to, loss of data, errors, system down time, or service
interruptions caused by Online Diary Site, associated individuals and companies,
or by your or any other member's own errors and omissions.
Limitation of Liability
You acknowledge and agree that onlinediarysite.com, associated individuals
and companies does not assume or bear any liability for any action by
Onlinediarysite.com, associated individuals and companies, or its Content
Providers or other members with respect to conduct, communication, or
content on the Service. Onlinediarysite.com, associated individuals and
companies shall not be liable for any indirect, incidental, special, punitive,
exemplary, or consequential damages in connection with the site or the
Service. Because some states do not allow the exclusion or limitation of
liability for certain damages, in such states Onlinediarysite.com, associated
individuals' and companies' liability is limited to the extent permitted by law.
Indemnification
You agree to defend, indemnify and hold harmless Onlinediarysite.com,
associated individuals and companies, distributors, Content Providers and
other members of the service, from all liabilities, claims and expenses,
including attorneys' fees, arising from any breach of this or any other
agreement by you. Onlinediarysite.com reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you hereunder, and in such event, you shall have no
further obligation to provide indemnification for such matter.
Termination of Accounts
You may terminate your account at any time without further obligation.
Onlinediarysite.com reserves the right to terminate accounts at any time
without further obligation to you. If your account is terminated at any time
for any reason, you agree to the following: (1) you will not be entitled to any
refund or peroration of any fees or unused time for subscriptions or special
items; (2) you will lose and content that was placed on your account. You may
not access the site in any manner or for any reason, including via any other
computer without express permission from Onlinediarysite.com. In the event
that an account is permanently terminated, Onlinediarysite.com reserves the
right to terminate any other accounts that are owned or used by the same
member.
Remedies
You and onlinediarysite.com agree that neither party will seek remedies for
any breaches of this agreement or other disputes by filing suit in civil court,
but will instead submit any such matters that arise to binding arbitration. Both
parties agree to accept and abide by the decision made by the arbiter in such
cases, and to equally split the payment of any fees charged by the arbiter,
unless the arbiter should decide that the party at fault must pay the entire fee.
E-Mail Addresses
From time to time, Online Diary Site will send you a Newsletter or Online
Diary Site - related information to your registered e-mail address. You agree
to the use of your e-mail address for this purpose. Online Diary Site will not
share or sell your address with other services or companies, and you will not
receive any communication from Online Diary Site that is not directly related
to Online Diary Site, including the Myspace, the website, and the forums.
Your email address must be valid. If our system detects that email is rejected by
your email address three times in a row, your diary will be suspended, or deleted.
General Provisions
You may not use, copy, modify, sub license, rent, sell, assign or transfer the
rights or obligations granted to you in this or other agreements, except as
expressly provided in this agreement. Any assignment in violation of this
agreement is void. If any provision of this agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the extent necessary
to make it enforceable, and such decision shall not affect the enforceability
of: (i) such provision under other circumstances, or (ii) the remaining
provisions hereof under all circumstances. Online Diary Site's failure to
enforce at any time any of the provisions of this agreement shall in no way
be construed to be a present or future waiver of such provisions, nor in any
way affect the right of any party to enforce each and every such provision
thereafter. The express waiver by Online Diary Site of any provision, condition
or requirement of this agreement shall not constitute a waiver of any future
obligation to comply with such provision, condition or requirement.
Notwithstanding anything else in this Agreement, no default, delay or failure
to perform on the part of Online Diary Site shall be considered a breach of
this agreement if such default, delay or failure to perform is shown to be due
to causes beyond the reasonable control of Online Diary Site. This agreement
is governed by and construed under Arkansas law as such law applies to
agreements between Arkansas residents entered into and to be performed
entirely within Arkansas. All notices given by you or required under this
Agreement shall be sent via email to admin@onlinediarysite.com. Creating an
account on Onlinediarysite.com indicates your acceptance of all the above
terms and conditions. If you do not accept this agreement, you must not use
the site and services, or discontinue using the site and services.
