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1. Welcome to foreverMONICA.com. foreverMONICA.com is a private service, provided by IAMHEWHOIS.org ("IAMHEWHOIS") to you ("Member"), subject to the terms of use, and other terms that may be published from time to time on foreverMONICA.com. IAMHEWHOIS encourages and promotes foreverMONICA.com as an environment that fosters interaction and participation among its members. Members should thus feel free to express themselves. However, members should keep comments and contributions within the community values of the Service and must comply with applicable laws and the terms of use of foreverMONICA.com. foreverMONICA.com currently is provided as a free service to any member who agrees to abide by the terms of use. IAMHEWHOIS reserves the right to change the nature of this relationship at any time. IAMHEWHOIS may change, suspend or discontinue the Service or any other aspect of the Service, at any time without prior notice to members. IAMHEWHOIS may also impose limits on certain features or services contained in the Service without prior notice.
2. You represent that you have read and agree to abide by this Agreement, and that you have read our privacy policy. MEMBERS WHO VIOLATE THE TERMS OF USE MAY PERMANENTLY BE BANNED FROM USING foreverMONICA.com.
3. Software files, text, sounds or otherwise transmitted, posted, linked or uploaded on or through foreverMONICA.com ("Content") by members should not be abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or otherwise offensive to other Members.
4. You may transmit, post, link or upload software files, text, sounds or otherwise on or through foreverMONICA.com that is not subject to any patent, trademark, copyright or other proprietary rights ("Rights"), or Content in which any holder of Rights has given you express authorization for distribution on foreverMONICA.com. By submitting Content to any part of foreverMONICA.com you automatically grant, or warrant that the owner of such Content has expressly granted, foreverMONICA.com a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
5. You acknowledge that by providing you with the ability to distribute your content, foreverMONICA.com is acting as a passive conduit for such distribution and IAMHEWHOIS is not undertaking any obligation or liability relating to any content or activities of its members. IAMHEWHOIS cannot prevent members from placing prohibited content on the Service. Furthermore, IAMHEWHOIS may elect at its sole discretion to monitor some, all, or no areas of foreverMONICA.com for adherence to these terms of use or other IAMHEWHOIS terms of use that may be published from time to time. Upon notification of inappropriate material, IAMHEWHOIS reserves the right, but not the responsibility to remove the content. IAMHEWHOIS further reserves the right to stop a member from accessing the Service upon receipt of complaints about the member's contributions and participation on the Service.
6. You and any person who have access to the Service must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. IAMHEWHOIS does not pre-screen Content as a matter of policy, but IAMHEWHOIS reserves the right, but not the responsibility, to remove Content which is deemed in IAMHEWHOIS's sole discretion harmful, offensive, inaccurate or otherwise in violation of the terms of use or any rules or policies IAMHEWHOIS has in place at the time.
7. You or IAMHEWHOIS may terminate the Service at any time for any reason. Once your access to the Service is terminated, you cannot engage in the Service in any manner or for any reason without the express written consent of IAMHEWHOIS, and you cannot assist in enabling a terminated member access to foreverMONICA.com via your Account.
8. This Service (including, but not limited to text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service. By posting content on the Service, a User is giving the foreverMONICA.com site the right to display such content on the Service and its affiliated publications and to use such content for promotional and marketing purposes.
9. (a) Except for Content you have posted on the Service, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
(b) foreverMONICA.com has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Without limiting the provisions of (5a), neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright.
(c) Just as foreverMONICA.com requires Users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, please notify us immediately.
10. You agree to indemnify and hold harmless the foreverMONICA.com site, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the foreverMONICA.com Service Discussion Guidelines, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
11. This Service is available "as is." We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.
12. The Site contains links to other World Wide Web ("Third Party Sites"). Where possible, the foreverMONICA.com site will make these links clear, though Third Party Sites may be co-branded with the foreverMONICA.com site. The foreverMONICA.com site is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
13. IAMHEWHOIS, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
14. You are entirely responsible and liable for all of your activities on foreverMONICA.com. Listed below are some, but not all, violations that may result in termination of your access to foreverMONICA.com. By using foreverMONICA.com, you agree NOT to do any of the following:
- Post, transmit, promote, or distribute content that is illegal.
- Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable in a reasonable person's view.
- Pretend to be anyone whom you are not. You may not impersonate another member, a IAMHEWHOIS staff member, or anyone else.
- Attempt to get a password, other account information, or other private information from a member, or harvest email addresses or other information.
- Post any unsolicited advertising, promotional materials, or any other forms of solicitation.
15. Pornography, obscenities, and defamatory postings are not allowed anywhere on foreverMONICA.com. Postings of this kind will be removed immediately, and a violation will be issued to the Member responsible for the posting (several violations will result in the termination of your account). If you see any pornographic, obscene or defamatory postings, please contact us immediately.
16. Usernames that contain obscene words, derogatory or racist remarks, or references to sexual acts or sexual anatomy are not allowed on foreverMONICA.com. Usernames of this kind will be deleted immediately upon discovery. If you see a Username that contains obscene, racist or derogatory references, please contact us immediately.
17. In the Forums area, please try to keep your postings relevant to the discussion. Postings that are irrelevant to Forum discussions, or that are designed to promote personal pages, voting polls, or third parties may be removed. If you see postings that contain foul language or that are intended to harass other Members, please contact us immediately.
18. Intentional disruption of the flow of content or discussion by repeatedly posting the same message or image or posting excessively large images is not permitted. Members who cause disruption of this kind will be issued a violation that can result in the termination of their account. If you see another Member disrupting a chat room or forum discussion, please contact us immediately.
19. Harassment of another foreverMONICA.com member via Notes, Email, Pages, or postings is not permitted. Harassment means: saying bad things about them; sending them unwanted messages; attacking their race, heritage, etc. Unsolicited "spam" messages are also not permitted unless expressly authorized by the recipient. While we encourage you to introduce yourself to other Members, please respect their wishes if they do not want you to send them mail. If you feel that another Member is harassing you, please contact us by filling out a member violation report.
20. Please remember that not everyone likes being put on a Friend's list. Please comply with a Member's wishes if they request to be removed from your Friend's list. As a Member, you have the right to refuse being saved to someone else's Friend's list. If another Member refuses to remove you from their Friend's list, please contact us and we will remove your name for you.
21. We can, whenever we want, edit or delete any content displayed, uploaded to, distributed, or otherwise published through the Service.
22. We reserve the right to remove content at any time, including any content that violates these standards. We are not responsible for any objectionable material you may encounter while using the Service.
23. This Agreement may be terminated by either party for any reason at any time. Sections three (3) and six (6) through nine (9) of this Agreement shall survive such termination.
24. This Agreement shall be governed by the laws of the United States of America ("USA").
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