In this Agreement, "We," "Us," and "Our" refer to LyLiX.net; "You," "Your," and "Yourself" refer to the entity utilizing the LyLiX.net hosting services; "Our Site" refers to the website located at the URL http://lylix.net.
LyLiX.net
provides its service to You, subject to the following Terms of Service
("TOS"). We may amend this Agreement at any time by posting the amended
terms on Our Site. The amendment shall automatically become effective
three (3) days after they are initially posted on Our Site. This
Agreement may not be otherwise be amended except in a writing signed by
both You and Us. You can review the TOS at any time at the following
address: http://lylix.net/terms. In addition, when using particular LyLiX.net
services, You shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into this
TOS.
- SERVICE DESCRIPTION
- LyLiX.net
currently provides users with access to a broad selection of on-line
resources, including web hosting, server space, limited data transfers, email
services, database services, remote storage and other personalized content, through its
network (the "System"). Unless explicitly stated otherwise, any new
features that enhance the current System, including the release of new
LyLiX.net features, shall be subject to the TOS. You understand and
agree that the System is provided "AS-IS," and that LyLiX.net assumes
no responsibility for the timeliness, deletion, misdelivery or failure
to store any user communications or personalization settings.
- REGISTRATION OBLIGATIONS
- In
consideration of Your use of the System, You agree: (a) that You are at
least 18 years of age; (b) to provide true, accurate, current and
complete information about Yourself and maintain and promptly update
this information to keep it true, accurate, current and complete.
Non-compliance with any of these obligations during the maintenance of
Your account may result in the suspension or termination of Your
account, and may result in the refusal of any and all current or future
use of the System, or any portion thereof at the sole discretion of Us.
- LyLiX.net PRIVACY POLICY
- No personal information retained by LyLiX.net will be disclosed for any reason or under any circumstance to third parties, including other users.
- MEMBER ACCOUNT INFORMATION
- You
may receive several passwords and account designations to gain
access to services on the System. You are responsible for maintaining
the confidentiality of the passwords and accounts, and are fully
responsible for all activities that occur under Your passwords or
accounts. You agree to (a) immediately notify LyLiX.net of any
unauthorized use of Your passwords or accounts or any other breach of
security, and (b) ensure that You exit from Your accounts at the end of
each session. We will not be liable for any loss or damage arising from
Your failure to comply with this Section.
- MEMBER CONDUCT
- You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the entity from which such Content originated. This
means that You, and not LyLiX.net, are solely responsible for all
Content that You upload, post, email or otherwise transmit via the
System. We do not control the Content posted via the System and as
such, do not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the System, You may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will We be liable in any way for any Content, including
but not limited to, any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the System.
- You agree to not use the System to:
a. Upload, post, email or otherwise transmit any
Content that is directed to inciting or producing imminent conduct that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable and is
likely to produce such conduct;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but
not limited to, a LyLiX.net official, forum leader, guide or host, or
falsely state or otherwise misrepresent Your affiliation with a person
or entity;
d. Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the
System;
e. Upload, post, email 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);
f. Upload, post, email or otherwise transmit any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," or "pyramid schemes;"
h. Upload, post, email 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;
i. Disrupt the normal flow of services, or
otherwise act in a manner that negatively affects other user's ability
to engage in real time exchanges;
j. Interfere with or disrupt the System or servers or
networks connected to the System, or disobey any requirements,
procedures, policies or regulations of networks connected to the System;
k. Intentionally or unintentionally violate any applicable local, state, national or international law;
l. "stalk" or otherwise harass another;
m. Collect or store personal data about other users;
n. 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.
- SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE
- You
agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, You agree to comply with all
applicable laws regarding the transmission of technical data exported
from the United States or the country in which You reside.
- CONTENT SUBMITTED TO LyLiX.net
- You
agree that LyLiX.net and its designees have the right to refuse or move
any Content that is available through the System. Additionally,
LyLiX.net 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 LyLiX.net or submitted to
LyLiX.net. You acknowledge and agree that We may preserve Content and
may also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c)
respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of LyLiX.net, its users and the public. You understand that the
technical processing and transmission of the System, including your
Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
- PUBLIC CONTENT POSTED TO LyLiX.net
- (a) For purposes of the TOS, "publicly accessible areas of the System" are those accessible by the general public.
(b)
With respect to Content You elect to post for inclusion in publicly
accessible areas of LyLiX.net or that consists of photos or other
graphics You elect to post to any other publicly accessible area of the
System, You grant LyLiX.net the world-wide, royalty free and
non-exclusive license to reproduce, modify, adapt and publish such
Content on the System solely for the purpose of displaying,
distributing and promoting the specific LyLiX.net site to which such
Content was submitted, or, in the case of photos or graphics, solely
for the purpose for which such photo or graphic was submitted to the
System. This license exists only for as long as You elect to continue
to include such Content on the System and shall be terminated at the
time You delete such Content from the System.
- INDEMNITY
- You
agree to indemnify and hold LyLiX.net, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of
Content You submit, post to or transmit through the System, Your use of
the System, Your connection to the System, Your violation of the TOS,
or Your violation of any rights of another.
- PROHIBITION AGAINST RESALE OF SERVICE
- You
agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the System, use of the System,
or access to the System. Exceptions of the aforementioned include services
specifically marketed by LYLIX.NET for resale, which are limited to the resale of the use of
and access to the System by third-parties, but do not include reproduction, duplication, copying,
or exploiting the System by those third-parties. Compliance to this clause additionally includes that all
third-parties engaged in resale activities involving the use of and access to the System must agree to this
TOS in its entirety, as well as specifically, not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the System, use of the System,
or access to the System.
- GENERAL PRACTICES REGARDING USE AND STORAGE
- You
acknowledge that LyLiX.net may establish general practices and limits
concerning use of the System, including without limitation the maximum
number of days that email messages or other uploaded Content will be
retained by the System, the maximum number of email messages that may
be sent from or received by an account on the System, the maximum size
of any email message that may be sent from or received by an account on
the System, the maximum disk space that will be allotted on LyLiX.net's
servers on Your behalf, and the maximum number of times (and the
maximum duration for which) You may access the System in a given period
of time. You agree that LyLiX.net has no responsibility or liability
for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
System. You acknowledge that LyLiX.net reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that LyLiX.net reserves the right to change these general
practices and limits at any time with or without prior notice.
- MODIFICATIONS TO SYSTEM
- LyLiX.net
reserves the right at any time to modify or discontinue, temporarily or
permanently, the System, or any part thereof with or without prior
notice. You agree that LyLiX.net shall not be liable to You or to any
third party for any modification, suspension or discontinuance of the
System.
- TERMINATION
- You
agree that LyLiX.net may terminate Your passwords, accounts, LyLiX.net
Site, use of the System, or use of any other LyLiX.net services, and
remove and discard any Content within the System, for any reason,
including, without limitation, for lack of use or if LyLiX.net believes
that You have violated or acted inconsistently with the provisions of
the TOS. LyLiX.net may also, at any time, discontinue providing the
System, or any part thereof, with or without prior notice. You agree
that any termination of Your access to the System under any provision
of this TOS may be effected without prior notice, and acknowledge and
agree that LyLiX.net may immediately deactivate or delete Your account
and LyLiX.net Site and all related information and files in Your
account and LyLiX.net Site and/or bar any further access to such files
or the System. Further, You agree that LyLiX.net shall not be liable to
You or any third-party for any termination of Your access to the System.
- LINKS
- The
System may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because LyLiX.net has no control over such
sites and resources, You acknowledge and agree that LyLiX.net is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that LyLiX.net
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on
or through any such site or resource.
- LyLiX.net'S PROPRIETARY RIGHTS
- You
acknowledge and agree that the System and any necessary software used
in connection with the System ("Software") contains proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the System or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by LyLiX.net or advertisers, You
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the System or the Software, in whole or in
part. LyLiX.net grants You a personal, non-transferable and
non-exclusive right and license to use the object code of its Software
on a single computer; provided that You do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the System. You agree not to access the System
by any means other than through the interface that is provided by
LyLiX.net for use in accessing the System.
- DISCLAIMER OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LyLiX.net
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. LyLiX.net MAKES NO WARRANTY THAT (i) THE SYSTEM
WILL MEET YOUR REQUIREMENTS, (ii) THE SYSTEM WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SYSTEM WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SYSTEM WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM LyLiX.net OR THROUGH OR FROM THE SYSTEM SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
- YOU
EXPRESSLY UNDERSTAND AND AGREE THAT LyLiX.net SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LyLiX.net HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SYSTEM; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SYSTEM; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SYSTEM; OR (v) ANY
OTHER MATTER RELATING TO THE SYSTEM.
- EXCLUSIONS AND LIMITATIONS
- SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
- SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
- The
System is provided for informational purposes only, and no Content
included in the System is intended for trading or investing purposes.
LyLiX.net shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted via the
System, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
- NOTICE
- Notices
to You may be made via either email or regular mail. The System may
also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to You generally on the System.
- MODIFICATION
- We
may modify any of the terms and conditions contained in this TOS at any
time and in Our sole discretion. A change notice will be posted on Our
Site and shall be effective after three (3) days after they are posted
on Our Site.
- COPYRIGHTS and COPYRIGHT AGENTS
- LyLiX.net
respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please contact us with the
following information:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that You claim has been infringed;
3. a description of where the material that You claim is infringing is located on the System;
4. Your address, telephone number, and email address;
5. a statement by You that You have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
6. a statement by You, made under penalty of perjury,
that the above information in Your Notice is accurate and that You are
the copyright owner or authorized to act on the copyright owner's
behalf.
- GENERAL INFORMATION
- This
TOS constitutes the entire agreement between You and LyLiX.net and
governs Your use of the System, superceding any prior agreements
between You and LyLiX.net. You also may be subject to additional terms
and conditions that may apply when You use affiliate services,
third-party content or third-party software. The TOS and the
relationship between You and LyLiX.net shall be governed by the laws of
the State of Pennsylvania without regard to its conflict of law
provisions. You and LyLiX.net agree to submit to the personal and
exclusive jurisdiction of the courts located within Butler County,
Pennsylvania. The failure of LyLiX.net to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties agree that the court
should proceed to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS 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 the System or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
- Copyright Notice
- The
documents and information on this Web site are copyrighted materials of
LyLiX.net and its information providers. Reproduction or storage of
materials retrieved from this service is subject to the U.S. Copyright
Act of 1976, Title 17 U.S.C. LyLiX.net and the LyLiX.net logo are
registered trademarks. All rights reserved.
- VIOLATIONS
- Any
violations of the TOS should be reported to Us at
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In
the event that You breach any of the above provisions of this
Agreement, You agree that We may terminate Your use of the System.