Use of Website And Website Content
The Website may be used only for your personal purposes of a non-commercial, informational nature. Other than as expressly permitted in this Agreement, you are not permitted to copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Website or any content, information, software, products or Services obtained from the Website without Free Our Internet’s prior written permission. As an exception to the foregoing, you are allowed to display and, unless Free Our Internet expressly states otherwise, electronically copy, download onto your device, and print single copies of any page of the Website content as long as you use it solely for your own internal, noncommercial, lawful use.
Free Our Internet and its licensors own all right, title and interest in and to the Website, including all content (including, without limitation, literary and visual), code and information thereon. Your use of the Website does not grant to you ownership in or rights to any of the foregoing. All trademarks, logos and other marks on the Website are owned by Free Our Internet, its affiliates, or their licensors. Unless Free Our Internet consents in writing, you do not have any license or authorization to use any such marks by virtue of your use of the Website. It is Free Our Internet’s policy to (1) block access to or remove material that Free Our Internet believes in good faith to be copyrighted material that has been illegally copied and distributed by any of Free Our Internet’s advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you have a good faith belief that your copyright is being infringed by any content on the Website, please send a notice that includes the information listed below (the “Notice of Claimed Infringement”) to:
Free Our Internet
address: P.O. Box 1078, Scarborough, ME 04074
email: [email protected]
Notice of Claimed Infringement must include, at a minimum, the following information:
- a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- an identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such material;
- your contact information;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
General Rules of User Conduct
You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Services, use the Website or Services or access the Website or Services for any purposes other than for which the Website or Services are being provided to you, or do any of the following:
- Conduct or promote any illegal activities while using the Website or Services;
- upload, distribute or print anything that may be harmful to minors;
- attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website or Services to which You do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Website or Services to generate unsolicited email advertisements or SPAM; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (SPAM);
- use the Website or Services to stalk, harass or harm another individual;
- use any high volume automatic, electronic or manual process to access, search or harvest information from the Website or Services (including without limitation robots, spiders or scripts);
- interfere in any way with the proper functioning of the Website and Services or interfere with or disrupt any servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
Your Content and Conduct
If at any time the Website permits you to submit content, including literary works, videos, images and user comments (collectively, “User Content”), the following terms shall apply:
- You understand that we do not guarantee any confidentiality with respect to any User Content you submit.
- You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to Free Our Internet, its successors or assigns, all intellectual property or other proprietary rights in and to such User Content for publication on the Website pursuant to this Agreement.
- For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to the Website, you hereby grant Free Our Internet a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Content in connection with the Website including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access User Content through the Website, and to use, reproduce, distribute and display such User Content as permitted through the functionality of the Website and under the terms of this Agreement. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that User Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.
- Free Our Internet does not endorse any User Content submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with User Content.
Modifications to Terms of Service
FREE OUR INTERNET RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME WITHOUT NOTICE. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.
The Website is offered by Free Our Internet through facilities in the United States of America. Free Our Internet makes no representations that the Website or Services are appropriate or available for use in other locations. Users who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Website; what Content or User Content you access via the Website (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content or User Content may have on you; how you may interpret or use the Content or User Content; or what actions you may take as a result of having been exposed to the Content or User Content. You release us from all liability for you having acquired or not acquired Content or User Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. We make no representations or warranties that the Website or any Content or User Content will be uninterrupted or error-free.
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. FREE OUR INTERNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FREE OUR INTERNET DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED WITHIN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE WEBSITE OR SERVER FROM WHICH IT IS PROVIDED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREE OUR INTERNET DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE WEBSITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Liability and Other Disclaimers
FREE OUR INTERNET IS NOT AND WILL NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO: (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH OF ANY TERMS OF THIS AGREEMENT).
You will indemnify and hold Free Our Internet and its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Website, use of Services provided through the Website, the violation of this Agreement by you, or the infringement by you, or any third party using your name, identity, device or IP address, of any intellectual property or other right of any person or entity.
Service Modification or Termination
Free Our Internet reserves the right to terminate the terms of this Agreement and your access to the Website at any time without notice. Your rights under this Agreement will automatically and immediately terminate if you fail to comply with your promises and obligations stated in this Agreement. You understand and agree that upon termination of the terms of this Agreement or your use of the Website, Free Our Internet retains the license rights granted to it with respect to any User Content uploaded or provided on the Website.
Without limiting other remedies, Free Our Internet also reserves the right to limit or partially terminate or suspend the Website, prohibit access to the Website and its content, delay or remove any content or User Content, take technical and legal steps to keep any users off the Website if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third-parties, or acting inconsistently with the letter or spirit of Free Our Internet’s policies.
The failure of you or Free Our Internet to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Free Our Internet shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Free Our Internet’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Free Our Internet’s prior written consent. Free Our Internet may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof. For all purposes of this Agreement, you and Free Our Internet consent to exclusive jurisdiction and venue in the state and federal courts located in the State of Delaware and you and Free Our Internet unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your access or use of the Website must be commenced within one (1) year after the claim or cause of action arises. You and Free Our Internet agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. These Terms and Conditions of Use constitute the entire agreement between you and Free Our Internet with respect to the Website and supersede all prior or contemporaneous communications, agreements and understandings with respect to the subject matter hereof. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings.
April 25, 2017