terms of use

Your Use of This Web Site Is Governed by These Terms of Service

Please take a few minutes to review these Terms of Service. In consideration of your use of and access to this Internet site (the “BlogiTree.com web site”), and the promises and obligations herein, and intending to be legally bound, YOUR USE OF THE BlogiTree.com WEB SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THESE RULES AND TO BE BOUND BY THEM. If you do not agree with any of these Terms of Service, do not use the BlogiTree.com web site.  For the sake of these conditions the use of the term  ‘members’  is taken to mean persons signing up for a blog or who have already done so and relates to you if you are intending to use this website.

These Terms of Service May Change

BlogiTree.com reserves the right to update or modify these Terms of Service at any time without prior notice. Your use of the BlogiTree.com web site following any such change constitutes your agreement to follow and be bound by the Terms of Service as changed. For this reason, we encourage you to review these Terms of Service whenever you use this Web site.

Modifications to Service

BlogiTree.com reserves the right to modify or discontinue the Service with or without notice to the Member. BlogiTree.com will not be liable to Member or any third party should BlogiTree.com exercise BTS right to modify or discontinue the Service.

Termination

We do recommend that you keep backup copies of any information of value to you that you post on BlogiTree.com.  While we currently do keep backups (as of Feb ‘05) and have performed re-installs of blogs at no cost, however because we are not charging bloggers at the moment in order to limit our liability we retain our right to discontinue providing the blog hosting service at any time at our sole discretion (whether due to systems failure or not), or any other sevices, with or without notice.

These Terms are effective until terminated by BlogiTree.com. BlogiTree.com. may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the BlogiTree.com web site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination

BlogiTree.com. shall also have the right without notice and at any time to terminate the BlogiTree.com web site or any portion thereof, or any products or services offered through the BlogiTree.com web site, or to terminate any individual’s right to access or use the BlogiTree.com web site or any portion thereof.

You agree that any termination of your access to the sevices so provided under any provision of these Terms of Service  may be effected without prior notice, and acknowledge and agree that Browse The World / BlogiTree.com  may immediately deactivate or delete your BlogiTree.com site/blog and all related information and files in your BlogiTree.com site/blog  and/or bar any further access to such files or the blgosome service. Further, you agree that Browse The World shall not be liable to you or any third-party for any termination of your access to the service.

Linked Third Party Sites

Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by BlogiTree.com. of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by BlogiTree.com., and BlogiTree.com. is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

Links to BlogiTree.com web site from Third Party sites

Any hyperlinks to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.

Responsibility of members for content

You may produce, electronically upload and maintain certain types of files on the BlogiTree.com.

You hereby warrant that all files uploaded shall be owned or properly licensed by you and shall not adversely impact the services or violate any rights of any third parties. You are responsible for ensuring that all uploaded files will function properly and as intended. You are responsible for all activity originating from your blog , unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your blog that may be put on by a third party.

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, pornographic, libelous, invasive of another’s privacy (incl. the publication of personal information such as private addresses against the wishes of the person concerned), 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 BlogiTree.com 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; (l) establish a blog geared towards marketing any of the following: enlargement related surgery , viagra (or any similar products), and online gambling; (m) establish a blog as a site which is referred to in a mass-marketing campaign whether by email or otherwise;(n) establish a blog as part of a SEO campaign whose sole focus is to promote other websites and/or earn advertising revenue out of topics frequently used by spammers, such as weightloss sites, mesothelioma, credit/finances,luxury cruises, poker,adult content and other regular spam topics; (o) use the site to host adult images for sites hosted on BlogiTree.com or other domains.

Responsiblity to keep Passwords private

Members receive a password to login to their account. The member is entirely responsible for  maintaining the confidentiality of their password and account username. In addition, members are entirely responsible for any and all activities which occur under their account. Members may change their password at any time by going to the  Users  section of their adminstration area and then choosing the  Your Profile  tab and entering in twice (in the cells suggested) their new password.

Copyright

You hereby grant to BlogiTree.com a nonexclusive, royalty-free, irrevocable, worldwide right and license to digitally display and host your blog and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such services. You will retain copyright ownership and all related rights for information that you publish through BlogSome or other information you publish through BlogSome-related services.

Use and Misuse of the Services

All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated. If you are not sure if your actions will be an abuse, violation or misuse, please ask first. You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. When BlogiTree.com becomes aware of possible violations of this Agreement, BlogiTree.com may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on BlogiTree.com servers. BlogiTree.com, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD BlogiTree.com HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY BlogiTree.com AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM BlogiTree.com AS A RESULT OF BlogiTree.com’S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BlogiTree.com’S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

Use and Misuse of Materials

Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also redistribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not post, upload or otherwise distribute copyrighted material on BlogiTree.com servers without the consent of the copyright holder. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. BlogiTree.com supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, BlogiTree.com will not substitute itself for a court of law in deciding tort claims raised by the third party.

System Security

You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at BlogiTree.com or at any other site. Use or distribution of tools designed for compromising security are prohibited e.g. password guessing programs, cracking tools or network probing tools. BlogiTree.com will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

System Resources

If we deem that your usage is using excessive  system resources, your blog may be terminated immediately and without prior notice. Further, running programs in the background on a BlogiTree.com server without BlogiTree.com prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, mailing lists are not acceptable uses of BlogiTree.com servers.

Disclaimers and Limitation of Liability

Users of this website expressly agrees that use of BlogiTree.com web site is at the user’s sole risk. Neither BlogiTree.com., nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that the BlogiTree.com web site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of BlogiTree.com web site.

Whilst every effort has been made to ensure the accuracy of the information and material contained on the http://web.archive.org/web/20060507173356/http://www.BlogiTree.com/ web site, BlogiTree.com, its directors, employees or agents assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided on the BlogiTree.com web site or service, or merchandise provided through the BlogiTree.com web site and does not accept any liability whatsoever arising from any errors or omissions.

THIS SITE IS PROVIDED BY BlogiTree.com. ON AN “AS IS”AND “AS AVAILABLE” BASIS. BlogiTree.com. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BlogiTree.com. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BlogiTree.com. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BlogiTree.com. NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall BlogiTree.com., its suppliers or their respective directors, officers, employees or agents or any other party involved in creating, producing, or distributing the BlogiTree.com web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the BlogiTree.com web site, including but not limited to reliance by a user on any information obtained from the BlogiTree.com web site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to BlogiTree.com.’s records, programs, or services, whether or not damages are based on statute, contract, tort, or any other legal cause, and whether or not BlogiTree.com is advised of the possibility of such liabilities. Users of the BlogiTree.com web site hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the BlogiTree.com web site. Because some countries and states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and states liability is limited to the fullest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless BlogiTree.com., BlogiTree.com.’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the BlogiTree.com. The foregoing indemnification obligation shall survive termination of these Terms and the BlogiTree.com web site and any product or service provided to you arising out of or relating to your use of the BlogiTree.com web site.

Privacy Policy

 BlogiTree.com. respects your right to privacy. As part of the operations of the BlogiTree.com web site we will retain certain information including your name,  e-mail address and  IP address. Your information will be held by BlogiTree.com. (or its successors, assigns or purchasers). This information is private unless the member chooses to share the information with members of the public.

By using the BlogiTree.com web site, you consent to the collection and use of this information by BlogiTree.com. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

Miscellaneous

 BlogiTree.com. shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

General
Any disputes, claims or proceedings arising out of or in any way relating to the BlogiTree.com web site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the BlogiTree.com web site. Without prejudice to the foregoing, BlogiTree.com. may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and BlogiTree.com. may bring enforcement proceedings in another state on foot of an Irish judgement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Your Feedback

We welcome your questions and comments on these Legal Terms of Service. Some of your questions may be answered on our Help/FAQ/Customer Service Page, so check there first. If you have any questions or comments specifically relating to our Terms of Service please email to legal AT BlogiTree.com (repalce the  AT  with the symbol   @  - no spaces).