Terms of Service
Intro:
These Terms and Conditions are a contract between you (the customer or user of the Geocharts.com services) and HostNet Media Inc. ( Geocharts.com is run by HostNet Media Inc. ) and have been created to promote the integrity, reliability, security, lawfulness and privacy of both HostNet Media Inc’s and the Customer’s services and offerings. HostNet Media Inc. reserves the right to modify these Terms and Conditions periodically and such modifications will become automatically effective upon posting to our website or upon notification to the Customer. It is the customers responsibility to make themselves familiar with these Terms of Service.
By accessing, using or placing a poll or user generated content on a 3rd party website or Geocharts.com you agree to become bound without modification, by the terms and conditions outlined herein. If you disagree with any of these terms and conditions PLEASE DO NOT ACCESS GEOCHARTS.COM OR MAKE USE OF THE GEOCHARTS.COM SERVICES. (collectively the "Service")
Your Geocharts.com Account:
At all times you are responsible for maintaining the security of your account password and you agree not to post it in a public area, online or share or transmit it to others. You are also responsible for any content you post to the Geocharts.com site. You shall notify Geocharts.com immediately of any unauthorized breach to your account or the Geocharts.com systems or infrastructure. You are responsible for all activities under your account and any actions that may be taken using your account. You agree to create polls with accurate questions, answers, keywords, categories and descriptions and not to create any polls that incite hatred, unlawful activity or content considered inappropriate for minors. HostNet Media Inc. we may modify, change, rearrange or delete any content we find inappropriate or unlawful.
Geocharts.com at its sole discretion my cancel, suspend or delete any account it deems is violating these terms or conditions or operating in a way that is harmful to users of the internet or the spirit of the Geocharts.com service. Accounts registered via automated methods or bot are not allowed and such accounts will be immediately terminated. Inactive account may be terminated after a period of one year. Although every effort will be made to preserve your data there is no guarantee that the data from your BETA account will be ported over to the Geocharts.com service once beta testing is complete.
Your Responsibilities:
You are responsible for all actions taken with your account and occurring under your account and you are solely responsible for ensuring the use of your account and the content located within is in compliance with all local, Canadian and US, state, provincial, regional, federal and foreign laws, treaties and regulations. By using the Geocharts.com services and making content through the Geocharts.com services your represent and warrant that:
- You are not impersonating another individual or group
- Your content does not infringe upon the property rights, intellectual property, copyright, patent, trademark or trade secret rights of any other individual, group or organization.
- You have obtained any necessary licenses to use any content you post
- The content does not contain any viruses, malware, software worms, malicious code, trojan horses or any other destructive data or information.
- The content you upload or post is not illegal, harmful, malicious, libelous, threatening, lewd, pornographic or obscene, defamatory, harassing, abusive, incites hatred, prejudice, racism, bigotry or invades another's privacy or promotes harm to another individual or group .
- The content you upload or post must not contain spam or may not be created via automated methods or a bot and does not mislead users.
- You will not use any manual or automated processes to copy, screen scrape, index or spider any pages contained on the Geocharts.com site.
- You shall not reverse engineer, modify or make derivative works of the Geocharts.com services
- Copy any of the features, graphics, user interface, and/or functionality of the Geocharts.com services.
License Grants:
Geocharts.com makes available non-exclusive and non-transferable rights to use Geocharts.com services for educational, and entertainment purposes only. You may not gift or grant this same right to 3rd parties or your own website visitors without the express written permission of Geocharts.com. All rights not specifically granted to you in writing are reserved for Geocharts.com.
General:
These Terms and Conditions apply to any user of the Geocharts.com services. HostNet Media Inc shall not be liable for non-performance caused by circumstances beyond its control, including, but not limited to, fires, weather, acts of God, hacking, overall performance of the internet network and/or a part of its backbone, data center performance, vandalism, denial of service attacks etc. Whenever possible, HostNet Media Inc will provide notice to the Customer for any planned maintenance or upgrades to its systems that may effect the delivery of services.
HostNet Media Inc. may at it's discretion make back-ups of server data, HostNet Media Inc. makes no guarantees of any kind, either expressed or implied, as to the integrity or correctness or the existence of these backups. You are responsible to maintain local copies of your poll data during Beta Testing.
The Customer agrees not to engage in any illegal or illicit activities using the services provided by HostNet Media Inc. The Customer agrees not to use our services provided to send spam or un-requested email en masse. HostNet Media Inc. shall be the final arbiter of what exactly constitutes unlawful activity, spam or a violation of the spirit of these terms and conditions
The customer agrees to take all steps necessary to protect the integrity and privacy of the the Customer’s User ID and password as used on the server.
User Generated Content:
You acknowledge that you are solely responsible for content uploaded or posted and any harm resulting from that content using the Geocharts.com service and that HostNet Media Inc. will not be held liable for any content you create, upload, post or otherwise distribute using our service. By using the Geocharts.com service you represent and warrant that:
- Your content is original or you have permission to use your content. Your content does not infringe on copyrights, trademarks, patents, intellectual property rights or trade secret rights.
- Your content contains no viruses, malware, trojan horses, phishing scams or other scams
- Your content is not harmful to any individuals
- Your content does not incite hatred, prejudice or illegal activities whether intentional or unintentional
- Your content is not obscene, contain spam, complies with all local and national laws
- Complies with the laws of Canada, the USA and your local laws
- Your content does not misrepresent who you are whether intentionally or unintentionally
- Your content descriptions or categorizations are accurate
Violation of the Terms of Service
Your account can be terminated and your IP banned at any time if you breach these Terms of Service. Geocharts.com is not obligated to provide access to accounts during Beta testing and access can be revoked at any time at our discretion. HostNet Media Inc. shall be the sole arbiter of what constitutes a breach of our services. HostNet Media Inc. reserves the right to investigate, prosecute and cooperate with law enforcement officials in an effort to uphold the spirit of these Terms of Service. You agree that HostNet Media Inc. at its sole discretion can determine what constitutes a violation of these Terms of Service and may edit, remove or permanently delete any of your content that we find objectionable or violates these Terms of Service.
Limitations of Liability:
HostNet Media Inc. has the right but not the obligation to monitor any activity and content associated with its websites or data hosted with us. HostNet Media Inc. may investigate any complaint or reported violation of its policies and take any actions it deems appropriate.
HostNet Media Inc. reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials. In order to co-operate with governmental requests; to protect HostNet Media Inc’s systems, infrastructure and customers, or to ensure the integrity and operation of HostNet Media Inc’s business, systems and infrastructure, HostNet Media Inc. may access and disclose any information it considers necessary or appropriate to co-operate with law enforcement officials.
In no event shall HostNet Media Inc. Be liable for any lost profits or any special, incidental, consequential, or punitive damages arising out of, relating to, or in connection with, directly or indirectly, or intentionally or negligently, the use of the Geocharts.com services.Disclaimer of Warranties:
You hereby acknowledge that the Geocharts.com service is provide "as is" and HostNet Media Inc., it's partners, agents, directors, contractors, sub-contractors, employees and agents disclaim any and all warranties of any kind, expressed or implied including without limitations, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. Furthermore, HostNet Media Inc. makes no warranty that the site will be error or bug free and will work as intended or implied or that access to the site will be uninterrupted. You acknowledge that you use the Geocharts.com service completely at your own risk.
Indemnification:
You agree to indemnify and hold harmless HostNet Media Inc., its employees, directors, contractors and sub-contractors, parters, agents and licensor's from any and all claims and fees, (including attorney fees) from your use of the Geocharts.com services.
Changes:
Prices, terms and conditions are subject to change at any time. It is your responsibility to periodically read these terms and conditions and make sure you as well as the content you create on Geocharts and your actions and behavior while using Geocharts.com services is in compliance with these terms and conditions.
Content:
Public poll results on the Geocharts.com site are created from the input (votes) of one or more persons using tools and technology designed by Geocharts.com to aggregate this data. As such, this aggregated data and its visual representation may be used by Geocharts.com in the promotion of its services. You grant HostNet Media Inc. an ongoing worldwide, transferable, royalty-free, sub-licensable and non-exclusive right to duplicate, modify, display, distribute, create derivative works from and exploit this data in the promotion and maintenance of the Geocharts.com service.
You acknowledge and understand that these Terms of service constitute the entire contract between HostNet Media Inc. and yourself.
