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Author Topic: Terms of Service  (Read 6177 times)


Offline admin rebekahc

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Terms of Service
« on: September 17, 2011, 11:13:19 PM »
Below is a copy of our Terms of Service.

Food Allergy Support Terms of Service

We welcome you to foodallergysupport.olicentral.com / FoodAllergySupport.com / FoodAllergySupport.org (hereinafter collectively referred to as “FAS”). FAS provides its service to you subject to the following Terms of Service ("TOS"). In addition, when using FAS owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, as well as the rules and guidelines of our forum host as stated in the Registration Agreement. All such guidelines or rules are hereby incorporated by reference into the TOS.

This is a (mostly) unmoderated board. The people who post here are (for the most part) not medical or legal professionals. They are food allergic individuals, or the parents of FA children. The opinions posted here are just that: opinions. We do not warrant the accuracy and/or completeness of the content. You are responsible for determining the accuracy of any information posted here. You should not use this board as a source of medical or legal advice. (That’s what your doctor or attorney is for.)

By posting here (whether registered member or guest), you are agreeing to not hold liable the members of this board for any direct, incidental, consequential, special, indirect or punitive damages arising from user access, use or inability to use the site. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not FAS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. FAS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FAS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss, injury and/or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
In the event a posting on this website results in a defamation, copyright infringement, or any other claim against FAS, the person making such posting agrees to indemnify and hold FAS harmless for any damages and/or costs and expenses related to the claim, whether such claim is the subject of litigation or not.

You agree to NOT use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm anyone in any way; impersonate any person or entity, including, but not limited to, a FAS administrator, committee member, or moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as Commercial Links) that are designated for such purpose;
7. "stalk" or otherwise harass another; and/or

8. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge that FAS may or may not pre-screen Content, but that FAS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, FAS and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FAS or submitted to FAS, including without limitation information in FAS Message Boards and in all other parts of the Service
Information posted at FAS is intended for not-for-profit use. Posts remain the property of original, individual contributor(s), and may not be copyrighted by a third party without the express written permission of the original contributor(s).
Information from this website may be reproduced and/or downloaded for an individual’s personal, not-for-profit use. The following statement must be used in conjunction with any such information:
©2007-2011 foodallergysupport.olicentral.com (FoodAllergySupport.com, FoodAllergySupport.org). All rights retained by the FAS community and the individual

We would GREATLY appreciate it if you would LINK to information found at FAS rather than copying. Directly copying information to reproduce on another website is a copyright violation. Additionally, information is constantly being updated; linking ensures viewers receive the benefit of these updates. Thank you!

« Last Edit: September 18, 2011, 06:35:17 PM by admin rebekahc »

Offline admin rebekahc

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Re: Terms of Service
« Reply #1 on: September 18, 2011, 06:23:30 PM »
Our forum host, OLI, also has a User Agreement by which we are bound.

This Usage Agreement describes the terms of use by customers and users ("Clients") of services offered by Online Institute LLC (the "Host" or "We"). Client agrees to abide by this Usage Agreement in order to use the Host's services:

Internet Content - Client is responsible for their own Internet content including all files and data and agrees to use the services offered by Host in a manner consistent with all applicable local, state and federal laws and regulations.

Host prohibits pornographic material, material which violates or infringes any copyright or other proprietary rights of others, material that is libelous or slanderous, sending bulk email from the shared servers, running games or gaming systems on the shared servers, sending any unsolicited commercial email (known as "spam"), gambling, or any other material or action inconsistent with applicable local, state and federal laws and regulations.

Host also prohibits any online sites set up to SPAM or SCAM people or conduct dishonest business of any sort. Host cooperates with local, state and U.S. Federal authorities in investigations, including providing server logs and any other pertinent data.

Resale - If Client acts as a "reseller" of the services provided by Host, then all the terms of this Usage Agreement shall provide to the resale.

Disclaimer of Warranties - Host's services are provided on an "as is, as available" basis. We disclaim any warranties, expressed or implied with respect to the service including (but not limited to) implied warranties of merchantability and fitness for a particular purpose or which otherwise arise from trade usage or course of dealing. In no event shall Host be liable to Client for any damages resulting from or related to any failure or delay of Host to provide service under this Usage Agreement. Host does not claim Client will always receive uninterrupted service. Any failure or delay shall not constitute a default under this agreement. As with any remote server, Client is advised to keep a full and current copy of their email, website, database and all other files on their own local hard drive. Host is not responsible for Client's files residing on Host's servers. Client agrees to indemnify the Host from and against any and all claims, losses, liabilities and expenses related to or arising out of the services under this Usage Agreement.

Servers - To protect the shared servers, Host sets bandwidth and storage limits for Clients to ensure accessibility for all users. The default limit for any service that do not already have a limit specified on their respective service description page is 250 MB storage and 10,000MB bandwidth, except where the limit is outlined on the service description, help guide, and/or the order form page for a particular service. Then the stated limit shall apply. Host provides service for many high traffic websites and services, but cannot service a Client whose service presents a burden to the shared servers to host, such as but not limited to excess spam or CPU intensive applications. Host recommends a dedicated server provider or other specialized host in this case.

Like many providers, OLI helps protect client access and data with scripts that block IP numbers of computers attempting to scan all our ports, guess client logins, flood customer accounts with spam, and other activity that appears malicious. We only unblock IPs by customer request. For example, sometimes a customer's computer gets infected with a virus which causes their computer to launch an attack. After the customer removes the virus we can allow access again. IP netblocks of compromised networks are blocked if the problem is persistent or causing disruption to our customers' access. Such steps prevent countless server crashes and other inconveniences to customers.

Renewals, Orders and Termination of Service - Accounts renew automatically unless Client requests otherwise or Host cancels account. Client may cancel in several ways including via phone, email or from the Billing form linked from Host's homepage. Renewal rates are the regular monthly rates listed on the service page (yearly and monthly discounts apply only to the duration of the base-rate of the initial order coverage, discounts do not apply to add-ons, upgrades to the base-rate and/or setup fees). Just as Host reserves the right to accept or reject any order, Host or Client is free to terminate this Agreement by ending service from Host for any reason at any time deemed necessary by Host or Client. If there were any charges made and an order is cancelled, Host will issue a refund to Client if Client requests it within the first 30 days of ordering, except for setup fees, if the service was installed. Unused hosting time that was prepaid may be used as credits for other Host services. If a Client's billing information has expired and Client did not cancel their account, Host may adjust the expiration date to keep account in good standing and help prevent interruption of service or termination of account. Host is unable to service an account that brings an excessive load to the server as this would interrupt service for other users in the shared server environment. Host recommends a dedicated server provider or specialized host in this case. Host provides only shared servers through an upstream provider.

Privacy Policy: Online Institute LLC takes pride in protecting your privacy and does not sell your personal information to any outside company. We hate spam as much (or more) than you do. We use Google Site Stats to keep track of some sales from our Google Adwords Campaign.

Locale - Online Institute LLC serves a worldwide clientele. Host servers are owned by Liquidweb.com. This Usage Agreement is governed by the laws of Berrien County, Michigan and the United States of America.

Modifications to Usage Agreement - As times change and new technologies evolve, Host reserves the right to edit and add to this Usage Agreement at anytime deemed fit by the Host. Therefore Client is advised to check back periodically to view this Usage Agreement to stay current with the terms of service.

© 1996-2011 Online Institute LLC and its licensors.

« Last Edit: September 18, 2011, 06:34:11 PM by admin rebekahc »