Terms of Service

These Terms of Service were made by assembling similar sites' terms of service, copy/pasting the stuff that seemed valid for Nerl.Net, and... well, read it below, it's SUPER exciting stuff. NOT. I believe when you make a site freely usable by the internet public, you need to be careful, legally, just to cover your butt. The bottom line is this: Nerl.Net is my ongoing project that will be host to a number of subsites with varying fuctionality. I want to build neat tools and applications on the backbone that is Nerl.Net. I don't want to get in trouble for any abuse that a naughty user may cause. I think the Terms of Service are here to protect MY butt in the case that someone does something that could get my projects into trouble.

Anyway, the point is - using Nerl.Net or any of it's tools and applications should be FUN (hopefully) and I don't want you to worry about these terms of use from a personal standpoint. Just have fun, be cool with my tools heheh, and that's that! If there's anything that concerns you regarding these terms, then drop me a note and let me know about it.

- Mr. Nerl

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered at www.nerl.net ("Nerl.Net"), are provided to you under the terms and conditions of this Nerl.Net Terms of Service ("TOS"), and any operating rules or policies that may be published by Nerl.Net at the URL: www.nerl.net (the "Service"). The TOS comprises the entire agreement between you and Nerl.Net and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING NERL.NET, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Nerl.Net as long as you adhere to these Terms of Service.

2. SERVICES VOID WHERE PROHIBITED: Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

3. REGISTRATION: You are required to register with Nerl.Net if you want to utilize most of the site's features. In order to register with Nerl.Net you must supply a valid email address (your personal login), and a password.

4. DESCRIPTION OF SERVICE: Nerl.Net provides Users with a variety of online services, including but not limited to mailing list tools for publishers and subscribers of information, posting of events, news, polls and various forms of media.

4.5. REFUND POLICY: You may request a refund for any paid-for Nerl.Net services by submitting your request and the reason for your request to Nerl.Net via http://www.nerl.net/contact.php. All reasonable refund requests will be honored. 5. EVENT DISCLAIMER AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT POSTED ON NERL.NET IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING NERL.NET YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. NERL.NET HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING NERL.NET, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVEAND DISCHARGE ALL CLAIMS, RELEASE NERL.NET FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS NERL.NET, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.

6. CONTENT: Your are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, reviews, photos or images posted by you. All Content posted by you is your sole responsibility. Nerl.Net does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Nerl.Net Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Nerl.Net be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for 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, e-mailed or otherwise transmitted via the Service. Subject to the terms of Nerl.Net's Privacy Policy, you agree if you post any Content on the Nerl.Net Service, you grant to Nerl.Net, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom Nerl.Net has a relationship. You also grant Nerl.Net the right to authorize the downloading and printing in whole or in part of any Content that you post to the Nerl.Net Service.

7. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Nerl.Net Service without your permission or in any way that constitutes copyright infringement, please provide Nerl.Net with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Nerl.Net Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Nerl.Net at mr.nerl(at)nerl-d0t-net.

8. NO "SPAMMING": You must not use any feature of the Nerl.Net Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Nerl.Net. If you use any feature of the Nerl.Net Service for the purpose of sending Spam, Nerl.Net reserves the right to immediately terminate your access to the Nerl.Net Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Nerl.Net Service for Spam, please notify Nerl.Net at mr.nerl(at)nerl-d0t-net.

9. NOTICES: Nerl.Net may give notice to you by e-mail, a posting on the Nerl.Net web site, or other reasonable means. You must give notice to Nerl.Net in writing via e-mail or as otherwise expressly provided by Nerl.Net. Nerl.Net may broadcast, distribute or display notices or messages through the Nerl.Net Service to inform you of changes to the TOS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

10. PRIVACY POLICY: It is Nerl.Net's policy to respect the privacy of its users. Nerl.Net's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Nerl.Net collect from you and how that information is used is governed by the Nerl.Net Privacy Policy, which you can access here: Privacy Policy

11. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on Nerl.Net. You may also set up a new account at your convenience. You agree to notify Nerl.Net immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Nerl.Net of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until Nerl.Net is notified by email of a breach in security, you will remain liable for any unauthorized use of the Nerl.Net Service through your account. In consideration for using the Nerl.Net Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Info Page sign-up is inaccurate, Nerl.Net reserves the right to terminate your account immediately and your right to use the Nerl.Net Service.

12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the Nerl.Net Service is personal to you. You agree not to resell or make any commercial use of the Nerl.Net Service without the express consent of Nerl.Net. You may not create bots or other computer generated automatic tools to create events, nor abuse the Nerl.Net Service in any manner. Use that constitutes abuse shall be determined by Nerl.Net in its sole discretion. Nerl.Net reserves the right to terminate your account if Nerl.Net determines you have not complied with this TOS.

13. USER CONDUCT: Nerl.Net reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Nerl.Net Service. Your use of the Nerl.Net Service is subject to all applicable local, state, national and international laws and regulations. In using the Nerl.Net Service you agree not to:

• Use the Nerl.Net Service for illegal purposes;
• Interfere or disrupt networks connected to the Nerl.Net Service or violate the regulations, policies or procedures of such networks;
• Use the Nerl.Net Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
• Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
• Transmit through the Nerl.Net Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
• Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Nerl.Net Service;
• Transmit through the Nerl.Net Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
• Interfere with another User's use and enjoyment of the Nerl.Net Service;
• Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
• Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Nerl.Net Service any directory of Nerl.Net's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this TOS;
• Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
• Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
• Engage in any other conduct which, in Nerl.Net's sole discretion, is considered inappropriate, unauthorized or objectionable.