MyNETI.com Membership Agreement
(Last Revised: January 13, 2003)
By using MyNETI.com ("this site") you agree to the following Membership Agreement:
Summary of Membership Agreement
A. This service is for responsible people only. You must be at least 18 years old to register, and by signing up for a membership on this site you certify that you are at least 18 years old. If your state or country that you live in requires you to be older than 18, you certify that you are of a proper age to legally sign up for our services by signing up for a membership on this site.
B. You agree to provide true and correct information about yourself on this site.
C. You agree not to use this site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another. This site reserves the right to edit or remove any information you transmit to this site, or remove your membership at any time for any reason.
D. You agree not to use this site for the transmission of "junk mail," "spam," "chain letters," or unsolicited mass distribution of email or for any commercial purposes.
E. You agree to be responsible for your interactions with other members of this site. You agree that this site is not responsible or liable for content posted on the service by third parties or members or the conduct of any member.
You may always report any violations you see of this service agreement, or any questions you have about this membership agreement, to email@example.com.
1) ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
This site is owned and operated by MyNeti Information Systems, a California sole proprietorship. This site is provided to you under the terms and conditions of this Membership Agreement and any changes or amendments made to this Membership Agreement in the future, as well as this sites operating rules and/or policies (collectively, the "Agreement"). This Agreement applies to all services of this site, separately and as a whole.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE SUBMIT BUTTON FOUND ON THE SIGNUP.PHP PAGE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND OF LEGAL AGE TO BECOME A MEMBER OF THIS SITE AND AGREE TO BE BOUND BY THIS AGREEMENT.
2) MEMBER'S REGISTRATION INFORMATION
As a condition of use of the Service, you agree to provide true, accurate, current and complete information about yourself, and to update this data if any of your information changes. If any information provided by you is untrue, inaccurate, not up-to-date or incomplete, this site has the right to terminate your account and refuse any and all current or future use of this site.
3) MEMBER INFORMATION
This site considers non-public (to non FULL access members) member account information, including but not limited to information provided during the registration process and e-mail communications transmitted through this site, to be private information. This site will not disclose such information to any third parties without your consent, except that you agree that this site may do so in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce this Agreement; (d) to respond to claims that such content violates the rights of third-parties; (e) to protect the rights or interests of this site; or (f) to protect the rights or interests of this site users or others.
You understand and agree that this site may access the content of your account in order to identify and resolve technical problems or service complaints, or for other reasonable purposes to operate this site, including the emailing to you of MyNETI.com promotional information, site upgrade information, and other such information regarding MyNETI.com
4) MODIFICATIONS TO MEMBERSHIP AGREEMENT
This site may change the Agreement from time to time. You will be informed of any such changes by a notice on the log-on page of this site stating that the Agreement has changed. Your continued use of this site after such notice constitutes your acceptance of any such changes.
5) MODIFICATIONS TO SERVICE
This site reserves the right to modify or discontinue, temporarily or permanently, this site or parts of this site without notice to you. You agree that this site shall not be liable to you or any third party for any modification or discontinuance of this site.
6) MEMBER CONDUCT
You agree to be solely responsible for the contents of your profile, emails, chat room messages, messages on the message boards, or any other transmissions to or through this site and for your interactions with other members of this site.
You agree to abide by all applicable local, state, national, and international laws and regulations in your use of this site, and agree not to attempt to gain unauthorized access to other computer systems or networks through this site.
You also agree not to interfere with the use and enjoyment of the Service by other members.
You agree not to transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.
You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.
You agree not to transmit "junk mail," "spam," "chain letters, " or unsolicited mass distribution of email, or to use this site for any commercial purposes.
This site reserves the right, but has no obligation, to reject or remove any profile or photo.
You agree not to impersonate any other person in your use of this site.
You agree not to resell your membership or any services of this site.
You agree that this site may, in its sole discretion, terminate or suspend your access to all or part of this site for any reason, including, without limitation, breach of this Agreement or any subsequent modifications, or attempted assignment of your account by you. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that this site may immediately delete files in your account and bar any further access thereto.
This site shall not be liable to you or any third party for the termination of your membership or any claims related to the termination of your membership. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities.
Should you object to any terms and conditions of this Agreement, or any subsequent changes to this Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue and terminate your membership with the Service; and (2) notify this site of termination by sending an e-mail to firstname.lastname@example.org.
8) DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
This site does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from third parties. You agree not to hold this site liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through this site, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through this site.
9) PROPRIETARY RIGHTS
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by this site, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by this site, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
You acknowledge and agree that any material you post in any areas on this site, including photos or other images, that are accessible to the public or this site's membership, in whole or in part, will be treated as non-confidential and non-proprietary and this site may use such material in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions.
10) DISCLAIMER OF WARRANTIES
This site and the materials available on or through this site are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. To the fullest extent permissible under applicable law, this site disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose. This site does not represent or warrant that this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. This site does not represent or warrant that the materials or the results of the use of the materials available through this site or from third parties will be correct, accurate, timely, reliable or otherwise.
11) LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, this site shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use this site, any changes to this site, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this site. You specifically agree that this site is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through this site, or with any of this site's terms and conditions, your sole and exclusive remedy is to discontinue using this site.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
You agree to indemnify and hold this site and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from the use of, this site.
This Agreement and the relationship between you and this site shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and this site agree to submit to the personal and exclusive jurisdiction of the State of California, Los Angeles County, or the applicable United States District Court covering Los Angeles County, California. However, both this site and you agree to submit to binding arbitration for any dispute. Such arbitration shall be held before one arbiter who is a member of the American Arbitration Association, using California Law and in the venue of Los Angeles County, California.
This site's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.