By using any RedPebble Web Development Service, you are agreeing to the following Terms of Service.
These Terms of Service may be amended from time to time. Please review these Terms of Service from time to time so you will be apprised of any changes.
Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.
By using RedPebble products and services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific RedPebble product or service.
2. Responsibility for Minors.
In cases where you have authorized a minor to use RedPebble products and services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the products and services; and (iii) the consequences of any misuse by the minor.
3. Responsibility for Username and Password.
Upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify RedPebble of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RedPebble cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
4. Responsibility for Content.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RedPebble, are entirely responsible for all Content that you upload, post, email or otherwise transmit via our services. Under no circumstances will RedPebble be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via our services. RedPebble does not, as a general practice, pre-screen user or third party Content posted, although RedPebble reserves the right to do so.
5. Service Limitations.
All services provided by RedPebble Web Development may be used for lawful purposes only. RedPebble products and services may only be used for the intended purpose for which such products and services are being made available. You may not use RedPebble products and services to, or associate RedPebble with any Content or activities that:
- Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;
- Harm minors in any way;
- Associate RedPebble and any products and services with any adult material of any sort. This includes, but is not limited to, such things as nudity, any site, page, image or service requiring any adult verification service, anything that users need to be 18 or older to view, join or access, and any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use our products and services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, Gorean, bondage, BDSM, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity. RedPebble Web Development will be the sole arbiter as to what constitutes a violation of this provision.
- Sell, distribute, or make any commercial use of data obtained from any RedPebble products and services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;
- Create and maintain a RedPebble web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;
- Create, maintain or operate an escrow service, High Yield Investment Program ("HYIP") or similar services and activities;
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any RedPebble database, including, without limitation, by incorporating data from any RedPebble products and services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
- Create, or be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of newsgroups and e-mail.
- Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
i. Making available copyrighted software or other Content that has had the copyright protection removed.
ii. Making available serial numbers for software that can be used to illegally validate or register software.
iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
iv. Making available any software files for which the user does not own the copyright or have the legal right to make available;
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Use any software deployed in connection with RedPebble products and services to process data as a service to other entities without the express written consent of RedPebble or the party from whom such software may be licensed.
- Upload, post or otherwise transmit or provide links to 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;
- Collect or store personal data about other users;
- 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;
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with RedPebble products and services.
- Your account is not to be used as a file store rather than to store active web pages/files which are publicly accessible from the Internet.
6. Account Termination.
Use of RedPebble products and services is subject to compliance with these Terms of Service. You acknowledge and agree that RedPebble may terminate your account and your access to any of the RedPebble products and services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms of Service or any other guidelines and rules published by RedPebble. Any such termination shall be in RedPebble's sole discretion and may occur without any notice. RedPebble further reserves the right to terminate any user's account or access to the Products and Services for any conduct that RedPebble, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to RedPebble or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. In the event RedPebble terminates a user's account for violating the Terms of Service and that user is a paid member of RedPebble, that user's payment is not refundable.
RedPebble Web Development will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. RedPebble Web Development disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by RedPebble Web Development and its employees. We reserve the right to revise our policies at any time.
By using RedPebble products and services you agree to indemnify RedPebble and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of our products and services, or from any person's use of any account or password you maintain with any of RedPebble products and services, regardless of whether such use is authorized by you. By using our products and services, you are hereby agreeing to release RedPebble and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to RedPebble products and services.
9. RedPebble Network Security.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
10. Terms of Service Change.
RedPebble Web Development reserves the right to change, edit, or update the policies contained in this document at any time without notice.
11. Complaints Procedure.
Please follow the rules... and enjoy RedPebble's Web Services!