Arabicusa.net Terms of Service (TOS)
TOS Version April 2nd, 2006.
Please read this Agreement carefully. This Agreement
governs your use of the Arabicusa.net (“Arabicusa.net” or
“Publisher”) website and the services and goods provided through or in
connection with the website (collectively the “Website”). It exempts Arabicusa.net
and others from liability or limits their liability and contains other
important provisions that you should read. Each time you use the Website,
you acknowledge and signify that you have read, understood, and agreed to be
bound by this Agreement. If you do not agree with each provision of this
Agreement each time you use the Website, you may not use the Website.
Each time you use the Website, the text of this Agreement
as it then reads will govern your use. Accordingly, when you use the Website
you should check the effective date of this Agreement and review any changes
since the last version.
YOUR ACCEPTANCE OF THIS AGREEMENT
This Agreement is an agreement between you and Arabicusa.net
and governs your use of the Website and any materials that you may
use or allow others to use in connection with the Website (and for
purposes of this Agreement, “materials” includes User IDs, email addresses,
passwords, comments, images, graphics, text and data and any other forms of
communication, whether posted publicly or with password protection). Each time
you use the Website, you signify your acceptance and agreement, and the
acceptance and agreement of any person you purport to represent (and for
purposes of this Agreement, “Person” includes any type of incorporated or
unincorporated entity), without limitation or qualification, to be bound by
this Agreement, and you represent and warrant that you have the legal authority
to agree to and accept this Agreement on behalf of yourself and any Person you
purport to represent. If you do not agree with each provision of this
Agreement, or you are not authorized to agree to and accept this Agreement, or
you do not have the legal authority to agree to and accept this Agreement, then
you may not use the Website.
ACCEPTABLE USE POLICY
General Use Rules
Use of the Website must be lawful, ethical, and
respectful of the legal rights and interests of all other persons, and consistent
with the security and reliability of the Website and the Internet
Without limiting the above, the following rules apply to
the use of the Website, which includes posting materials to the Website:
Lawful use: Use of the Website must be lawful and
must comply with all applicable domestic and foreign laws, regulations, rules,
policies, treaties and tariffs, whether civil, criminal or otherwise. Access to
the Website from locations where the Website may be illegal is
prohibited.
Security and performance: The Website must not be
used with any action, device, software or routine, which could directly or
indirectly interfere (or attempt to interfere) with the proper working of the Website
or impose an unreasonable or disproportionately large load or burden on the
system or the underlying infrastructure.
Other parties’ rights:
Use of
the Website must not infringe the legal rights of any other party
(including privacy and personality rights, copyright, moral rights, and other
intellectual property rights).
No data collection:
Use of
the Website must not involve any data matching or data mining, including
without limitation the collection or use of information about other Arabicusa.net
members and users (including their email addresses) without their consent.
PROHIBITED USES
Following is a non-exhaustive list of prohibited uses of
the Website and our services including email. Arabicusa.net reserves
the right, in our sole discretion, to determine whether any use of the Website
is prohibited or otherwise violates this Policy. Through the use of the free Arabicusa.net
accounts, you agree that the Publisher shall not be responsible or liable
for any loss of information howsoever arising from deletion or failure to be
stored. The Publisher shall have no obligation to maintain or forward any
content for you or any third party.
- Uses that may violate the General Use Rules set forth
above.
- Uses that may be unlawful, indecent, offensive,
defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening,vulgar,
profane, pornographic, obscene, sexually explicit, sexist, racist, hateful,
offensive, harassing, invasive of the privacy rights
of others, or otherwise objectionable. (This includes the posting of any
materials that depict, encourage, indicate, advocate
or tend to incite any such conduct.)
- Uses that may harm, threaten, harass, abuse or
intimidate any other person in any way or involve materials that depict,
promote, encourage, indicate, advocate or tend to incite the commission of a crime or other
unlawful activities, violence, hatred, cruelty or discrimination
against any individuals or groups, for any reason, or any act of cruelty to people
or animals.
- Uses that may dilute or depreciate the name and
reputation of Arabicusa.net and our affiliates or associates.
- Uses that interfere with other parties’ use and
enjoyment of the Website or of the Internet in general.
- Uses that may disrupt, compromise or degrade the
integrity, efficiency, performance or security of the Website or that
may otherwise
result in: The circumvention or breach of any user
authentication, password, security or control measures regarding the Website
or any other
Internet resource or computer system; unauthorized access to other persons’ Arabicusa.net
accounts and materials (Including materials posted to the Website) or interference with their
use and enjoyment of the Website.
- Uses that conceal or misrepresent the author or origin
of any messages or communication, or that impersonate any person, or that
falsely state or otherwise misrepresent an affiliation with any other person,
including without limitation any Arabicusa.net
representative.
- Uses that contain or disclose images of any person or
private information about any person (such as names, telephone numbers,
email addresses, postal addresses, social insurance or social security numbers)
without that person’s permission.
- The uploading, posting or transmission to the Website
of any of the following materials, whether posted publicly or with password
protection, whether directly or indirectly or intentionally or unintentionally:
materials that contain links to other Websites
or Internet resources; executable programs or audio and video recordings;
materials that contain computer viruses, Trojan
horses, worms, time bombs, or other computer code that may damage, harm,
detrimentally interfere with, surreptitiously intercept
or expropriate, interrupt, limit the functionality of, or otherwise adversely
affect the Website or any other computer system,
hardware, software, telecommunications equipment, data, or personal
information; and materials that are encrypted.
Monitoring and complaints
Arabicusa.net is not obliged to monitor,
screen, police or edit the use of the Website, including postings of
materials to the Website, although Arabicusa.net reserves
the right to do so in our sole discretion and without any notice or liability
to you or any other party.
Arabicusa.net will respond, as we consider appropriate,
in our sole discretion, if we become aware of any inappropriate uses of the Website,
including without limitation uses that constitute copyright infringement. You
may report violations of this Policy by using the form found here. The
procedure for making copyright infringement claims may be found here.
Compliance, Consequences, and Law Enforcement
Disclosure
Arabicusa.net may in our sole discretion
determine whether this Policy has been violated.
Policy violations constitute a breach of the Arabicusa.net
Term of Service Agreement and may, in the sole discretion of Arabicusa.net,
result in: (a) termination or suspension of permission to use the Website
and any Arabicusa.net membership and accounts you may have; (b)
restricted access to materials posted to the Website; (c) removal and
permanent deletion and destruction of materials posted to the Website;
and (d) other consequences; all without any notice or any liability to you or
any other party.
By violating this Policy, you may incur criminal or
civil liability.
Arabicusa.net may in our sole discretion
report perceived violations of applicable law to law enforcement authorities. Arabicusa.net
will fully co-operate with law enforcement authorities in the investigation
of suspected unlawful conduct, including providing Arabicusa.net members’
personal information (including account information and payment information),
and copies of materials used in connection with the Website (including
materials posted to the Website).
Should Arabicusa.net fail to enforce this
Policy, for whatever reason, shall not be construed as a waiver of any
preceding or subsequent violation of this Policy.
Changes to this Agreement
You may not change, supplement, or amend this Agreement
in any manner. Arabicusa.net may, in our sole discretion, change,
supplement or amend this Agreement as it relates to your future use of the Website
from time to time, for any reason, and without any prior notice or liability to
you or any other party.
Authorized users
This Website may be used only by individuals who
have reached the age of majority or legal age in their jurisdictions and who
can form legally binding contracts under applicable law. This Website
may not be used by individuals who have had their Arabicusa.net membership
or account terminated or by individuals in jurisdictions where the Website,
or any part of it, may be illegal. It is solely your responsibility to
determine whether your use of the Website is lawful, and you must comply
with all laws applicable in your jurisdiction.
Responsibility for Submissions
You warrant that you hold all proprietary rights,
interests and title in any and all submissions you make or, in the alternative,
that you have the prior written consent from any and all third parties who have
proprietary rights, interests or title in any part of the materials submitted
to the Website and that those third parties will be bound by these Arabicusa.net
Terms of Services. You assume sole and complete responsibility for any
damages resulting from infringements of copyright, trademarks or any other
proprietary right or harm resulting from your submissions to the Website.
You are responsible for determining what portion of your submissions, if any,
are proprietary to a third party. By making a submission to the Website,
you grant to the Publisher the irrevocable right, interest, title and license
to use, reproduce, modify, adapt, publish, translate, create derivatives of,
distribute, transmit, display or otherwise use the submissions for the
Publisher’s purposes including questions, comments, suggestions, or other
similar uses regarding any information found on the Website or any of
the services delivered by the Publisher.
You shall not use a User name, email address or URL (1)
with the intent of impersonating another person or entity; (2) without the
consent of the owner of that name, email address or URL; (3) violating any
third party’s proprietary rights; or (4) that is offensive in the sole
discretion of the Publisher. The Publisher and our affiliates are not liable
for any direct, indirect, incidental, special or consequential damages
occurring through the use of the Website or through any breach of your
warranties and obligations contained herein. The liability of the Publisher
shall not, under any circumstance, exceed the total amount paid to the
Publisher by you.
Fees and Charges
You are responsible for paying all fees and charges
associated with using the Website, including any applicable taxes. All
amounts appearing on the Website are quoted in United States Dollars.
Linking and framing
This Website
may contain advertisements for, and links to, other Internet sites and
businesses operated by third parties (“Other Sites”). The Other Sites are
independent from the Publisher and the Publisher has no responsibility or
liability for or control over Other Sites, their business, goods, services or
content. The Publisher does not sponsor or endorse any Other Sites or their
content or the goods or services available through those Other Sites. Your use
of Other Sites and your dealings with the owners or operators of Other Sites is
at your own risk, and you may not make any claim against Arabicusa.net arising
out of your use of any Other Sites or your dealings with the owners and
operators of any Other Sites.
Governing Law and Dispute Resolution
This Agreement, your use of the Website, all
transactions through the Website, and all related matters are governed
solely by the laws of California, USA and applicable federal laws of the United
States of America, excluding any rules of private international law or the
conflict of laws which would lead to the application of any other laws.
Any dispute between Arabicusa.net and you or
any other party arising from, in connection with, or relating to the Website,
this Agreement, any transaction through the Website or any related
matters must be resolved before the Courts of California, USA.
Any claim or cause of action you may have arising from,
in connection with, or relating to your use of the Website, this
Agreement, any transaction through the Website or any related matters
must be commenced in a court of competent jurisdiction in California, USA, within
one year after the claim or clause of action arises, after which time the claim
or cause of action is forever barred, regardless of any statute or law to the
contrary.
The Publisher makes certain services available to users
of the Website who register as members (“Members”). A user can become a
Member by logging on and providing a User name and password on the login form
available on the Website. The Member must accept these Terms of Service
in order to successfully log-on. A Member will remain a Member until the Publisher
receives notification of the Member’s intention to terminate the membership.
The Member warrants that the Member has provided complete and accurate
information at log-on or on the Member’s profiles.
Account Passwords
Arabicusa.net accounts may be accessed only
by use of a unique User ID and password. The use of a password does not
restrict access by Arabicusa.net and our service providers to the
password-protected materials.
For security reasons, if you are issued a User ID and
password you must keep them confidential and not disclose them to any person or
permit any other person to use them. Also, passwords must be non-obvious,
hard-to-guess, and confidential. We strongly recommend that you change them on
a regular basis. Arabicusa.net members must log-out at the end of
each session.
You are solely responsible for any use and misuse of
your ID and password and for all activities that occur under your User ID and
password that you may provide to others so that they may access materials you
have posted or submitted to the Arabicusa.net Website. You must
ensure that the use of your account complies with this Agreement.
You must immediately notify Arabicusa.net of
any unauthorized use of your User ID or password you have provided to other parties,
or if you know or suspect that those passwords have been lost or stolen or
become known to any other person.
All User IDs and passwords remain the property of Arabicusa.net,
and may be cancelled or suspended at any time by Arabicusa.net without
any prior notice or any liability to you or any other person. Arabicusa.net
is not under any obligation to verify the actual identity or authority of the user
of any User ID or password. If Arabicusa.net, in our sole discretion,
considers a password to be insecure, then Arabicusa.net may cancel
the password.
You must respond promptly to all email and other
correspondence from Arabicusa.net including without limitation
email and correspondence concerning complaints or concerns regarding your use
of the Arabicusa.net Website and the use of your account.
The security and privacy provided by passwords is not
complete, and can be circumvented. Your use of passwords is at your own risk.
Changes due to Errors
Arabicusa.net
endeavors
to provide current and accurate information on the Website.
Nevertheless, misprints or other errors may occur. Accordingly, Arabicusa.net
reserves the right to change the prices, fees and charges associated with
the Website and the goods and services available through it at any time
and from time to time without any prior notice or any liability to you or any
other party. Also, due to the popularity of some goods and services, Arabicusa.net
cannot guarantee that goods or services advertised on the Website
will be available when ordered or thereafter. Your use of the Website
after such a change has been made constitutes your acceptance to the change.
Termination of Services
You may cancel your membership at any time by directing
your intentions to cancellations@Arabicusa.net. Notice is deemed to have
been received by the Publisher upon receipt by you of Arabicusa.net’s
express acknowledgement of receipt of email transmissions. You agree that your
only remedy with respect to any dissatisfaction with any of the terms and
conditions, policies, practices of the Publisher, Website content
available through membership or otherwise is to cancel your membership.
Arabicusa.net may, in our sole discretion,
change, suspend, or terminate, temporarily or permanently, the Website
or any part of it at any time, for any reason, without any notice to you and
without any liability to you or any other person. Arabicusa.net or
our service providers may at any time and for any reason, with or without
cause, and in their sole discretion, immediately: (1) suspend or terminate (in
whole or in part) your authorization to use the Website and any Arabicusa.net
membership and account you may have; (2) suspend or terminate and
permanently delete and destroy any User ID, password, URL, IP address or domain
name; (3) remove from the Website and permanently delete and destroy any
materials that you or others may have posted or submitted to the Website
(and for purposes of this Agreement, “posted” and “submitted” includes
transmission on or through the Internet and in hardcopy format through
facsimile or post); (4) restrict access to the materials posted or submitted to
the Website and to any account you may have; and (5) bar you from any
future use of the Website; all without any prior notice or any liability
to you or any other person.
Arabicusa.net and our service providers are
not required to assess or otherwise determine the validity or legitimacy of any
complaints or demands that they may receive regarding any materials that you
may use or allow others to use in connection with the Website (including
materials posted or submitted to the Website) before Arabicusa.net
and our service providers take any remedial action that they consider, in
their sole discretion, to be appropriate.
If this Agreement is terminated by you or by Arabicusa.net
for any reason, then: (a) this Agreement will continue to apply and be
binding upon you in respect of your prior use of the Website; (b) Arabicusa.net
may immediately remove from the Website and permanently delete and
destroy any materials that you or others may have posted or submitted to the Website
without any prior notice or any liability to you or any other person; and (c)
any fees and charges previously paid by you for unused services will not be
refunded.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY
LIMITATION, RELEASE AND INDEMNITY.
Arabicusa.net strives to make your use of
the Website a useful and enjoyable experience. Nevertheless, Arabicusa.net
and our service providers do not accept any liability for your use
of the Website. For that reason, the following provisions apply to your
use of the Website:
Disclaimer
Your use of the Website, including any materials,
data or information posted, submitted, downloaded or otherwise obtained through
the Website, is at your own risk. You should keep your own backup copies
of all materials you may use, or allow others to use, in connection with the Website,
including materials posted or submitted to the Website.
You are solely responsible for provisioning, configuring
and maintaining all equipment and software you use or allow others to use in
connection with the Website, including all computers and related
equipment and software.
You are solely responsible for, and bear all risks and
liabilities associated with, all materials you may use or allow others to use
in connection with the Website, including materials posted or submitted
to the Website. You are solely liable and responsible for any and all
claims and demands made by any other person arising out of, in connection with,
or relating to your use of the Website, your breach of this Agreement,
your violation or infringement of the rights of others, or your violation of
any applicable civil or criminal law. You are solely responsible for the manner
in which the materials you may use or allow others to use in connection with
the Website, including materials posted or submitted to the Website,
are used by other Arabicusa.net members and Website Users. Arabicusa.net
and our service providers disclaim any and all responsibility and
liability regarding all such matters.
The operation of the Website may be affected by
numerous factors beyond Arabicusa.net’s control. The operation of the Website
may not be continuous or uninterrupted or secure. Security and privacy risks
cannot be eliminated. Password protection may not prevent unauthorized access
to materials you may use or allow others to use in connection with the Website,
including materials posted or submitted to the Website.
Arabicusa.net and our service providers are
under no obligation to verify the identity of Arabicusa.net members
or Users of the Website. Arabicusa.net and our service
providers do not control the materials posted or submitted to the Website
and do not monitor, screen, police or edit those materials for compliance with
applicable laws or this agreement. You may find some of the materials posted by
other Users to be offensive, harmful, inaccurate or deceptive. You should use
caution and common sense when using the Website.
Arabicusa.net and our service providers are
not liable to you or any other person for any loss or damage incurred by you or
any other person arising from or related to any misprints or errors on the Website,
including the unavailability of any product or service you order, any delay in
the availability of products or services, or any changes in the price of
products or services.
The Website is provided on an “as is” and “as
available” basis, and without any representations, warranties or conditions of
any kind, whether express or implied, and including without limitation implied
warranties of merchantability, fitness for a particular purpose, performance,
or durability, all of which are hereby disclaimed by Arabicusa.net and
our service providers to the fullest extent permitted by law.
Through your use of the Website, you may have the
opportunity to engage in commercial transactions with third parties. All such
transactions are at your own risk Arabicusa.net and our service
providers are not parties to any such transactions and disclaim any and all
liability regarding all such transactions.
Without limiting the generality of the foregoing, Arabicusa.net
and our service providers make no representation, warranty or
condition that:
(a) the Website will meet your requirements or
will be compatible with your computer and related equipment and software; (b)
the Website will be available or will function without interruption or
will be free of errors or that any errors will be corrected; (c) the Website,
the information obtained through the Website, or any results that may be
obtained through the use of the Website or the information will be
accurate, complete, reliable, timely, or authentic; (d) the quality of any
goods, services, information or other materials purchased or obtained through
the Website will meet your expectations; (e) the use of the Website,
including the browsing and downloading of any materials from the Website,
will be free of viruses, Trojan horses, worms or other destructive or
disruptive components or bugs; (f) the use of the Website, including the
downloading and reproduction of materials posted or submitted to the Website,
will not infringe the intellectual property or other rights of any person; (g)
password protection for materials you may use or allow others to use in
connection with the Website, including materials posted or submitted to
the Website, will prevent unauthorized access to those materials; or (h)
the materials you may use or allow others to use in connection with the Website,
including materials posted or submitted to the Website, will not be
misused by any other person; and Arabicusa.net and our service
providers disclaim any and all liability regarding such matters to the
fullest extent permitted by law.
Liability Exclusion
Arabicusa.net and our service providers will
not under any circumstances be liable to you or any other person else for any
loss of use, loss of production, loss of income or profits (anticipated or
otherwise), loss of markets, economic loss, special, indirect or consequential
loss or damage or punitive damages, whether in contract, tort or under any
other theory of law or equity, arising from, in connection with, or relating to
the use of the Website by you or any other person, and regardless of any
negligence or other fault or wrongdoing by Arabicusa.net or its
service providers or any other person for whom any of them is responsible, and
notwithstanding that Arabicusa.net or its service providers may
have been advised of the possibility of such loss or damages being incurred by
you or any other person.
Limitation of Liability
In no event will Arabicusa.net and our
service providers ever be liable to you or any other person for any claims,
proceedings, liabilities, obligations, damages, losses, and costs, whether in
contract, tort or under any other theory of law or equity, and regardless of
any negligence or other fault or wrongdoing by Arabicusa.net or our
service providers or any person for whom either Arabicusa.net or our
service providers are responsible, in an amount exceeding or the pro-rated
amount you paid to Arabicusa.net for the uses of the Website
which are the subject of the claim, whichever is less.
Release
You hereby release, remise and forever discharge Arabicusa.net
and our service providers and all of their respective agents, directors,
officers, employees, information providers, service providers, suppliers,
licensors and licensees, and all other related, associated, or connected
persons from any and all manner of rights, claims, complaints, demands, causes
of action, proceedings, liabilities, obligations, legal fees, costs, and
disbursements of any nature and kind whatsoever and howsoever arising, whether
known or unknown, which now or hereafter exist, which arise from, relate to, or
are connected with your use of the Website.
Indemnity
You agree to indemnify, defend and hold Arabicusa.net
and our service providers and all of their respective agents,
directors, officers, employees, information providers, service providers,
suppliers, licensors and licensees, and all other related, associated, or
connected persons (collectively, the “Indemnified Parties”) harmless from and
against any and all liabilities and costs, including without limitation
reasonable legal fees and expenses, incurred by the Indemnified Parties in
connection with any claim or demand arising out of, related to, or connected
with your use of the Website. You will assist and co-operate as fully as
reasonably required by the Indemnified Parties in the defense of any such claim
or demand.
Advice and information provided by Arabicusa.net
or our services providers or their representatives, or through the Website,
whether oral or written, will not create any representation, warranty or
condition or vary or amend this Agreement, including the above disclaimers,
liability exclusions, liability limitations, release and indemnity provisions,
and you may not rely upon any such advice or information.
The exclusion of certain warranties and the limitation
of certain liabilities is prohibited by legislation in some jurisdictions. Such
legislative limitations may apply to you. The disclaimer, liability exclusion,
liability limitation, release, and indemnity provisions in this Agreement
survive the termination of this Agreement.
TRADEMARK AND COPYRIGHT NOTICE
All product names and marks on the Website may be
registered and unregistered trademarks, service marks, or trade names of their
respective owners
All Material available on the Website is
protected by copyright. The Publisher owns copyright in the selection,
coordination, arrangement, depiction and enhancement of the content on the Website.
Any downloading, re-transmission or other copying, using or modifying
trade-marks and/or content found on the Website (the “Content”) except
as expressly provided in this Agreement, is strictly prohibited. In the event
that the Publisher grants you written permission to use the Content, you shall
not make any changes or deletions to the author attributions, trademarks or
copyright notices. You shall not display the Content in any format where a
third party advertising or other Material is viewed together with the Content.
Nothing found on the Website or elsewhere shall confer, or shall be
construed to confer, by implication, estoppels or otherwise, any license or
right to use any copyright, trademarks or trade names displayed on the Website.
