1. Self Publishing Service
You recognize and accept that ieterna offers a non-moderated service which enables you to publish any information you want, subject to legal limitations and to policies stated herein, in the space provided (self publishing).
2. Non Commercial Use
The Service is for personal use only and may not be used in connection with any commercial endeavors other than by ieterna, or as a formally approved business partner of ieterna. Any commercial use of the Service, including but not limited to collecting user information by any means is prohibited. Commercial advertisements, links and other forms of advertising or solicitation may result in the deletion of content and even of entire profiles without notice or warning and may also result in termination of User privileges.
3. Non-Moderated Service
ieterna provides the technology and infrastructure for the Service in a manner similar to how a telephone company provides its technology and infrastructure for its customers. Like them, we do not monitor User communications, and people may publish any content they want. However, we do set forth standards of behavior from both a legal and business standpoint in this Agreement. Any User found to be violating those standards may have action taken against them without notice which ranges from deletion of Content, to deletion of profiles, to being barred from the Service, and even to referrals to law enforcement authorities. And while ieterna does not maintain a practice of moderating the Service, we may at our discretion review text, photos, audio and video, and we may randomly or specifically review photo albums and journals even those which are otherwise password protected to the general public to check for compliance with the standards stated herein. That ieterna may do this, User agrees that this does not in any way form an obligation or expectation that ieterna will do this and, as such, User will not place any reliance on ieterna to moderate or otherwise keep the Service void of any illegal, illicit or otherwise objectionable Content.
4. Legal Documents
The Service is not meant as a substitute for, nor a repository of, any legal documents. Furthermore, no section of the Service is a place for a legal will or other such document. No employee, agent or representative of ieterna is in any way qualified to provide User with advice on any legal matter or document and User specifically agrees that no reliance will ever be made on any part of the Service, nor on any employee, agent or representative of ieterna. To create, store or archive a will or any other legal document, User agrees to ONLY rely on a licensed attorney who specializes in such matters and who has no affiliation with ieterna.
5. Representations and Warranties
I. As a User of the Service, you understand, represent, warrant, and agree that;
1. You are over 15 years of age, or, alternatively, you have the permission or your parents or legal guardian to participate in the Service.
2. You are solely responsible for any and all Content that you publish on the Service and/or transmit to others via email, pop-up fill-in forms such as "Write a Comment" and "Requesting Connections", or other means.
3. Your use of the Service, whether publishing of viewing anything thereon, as well as any communications you have with others, is entirely voluntary; you can stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for information you view and/or publish, and for your interactions with others.
4. You will be solely responsible for setting, managing and securing your passwords.
5. ieterna does not moderate the Service nor do we maintain an active censorship program. We may, however, either directly or via our authorized representatives, and without any need for explanation, review, suspend, and/or delete anything published by you which in the sole judgment of ieterna violates the terms or spirit of this Agreement. 6. If you or anyone else using the Service is in any way damaged by anything you publish, with such damage(s) being financial, psychological, physical, or otherwise you agree to indemnify ieterna, as well as all officers, directors, employees, and agents, and hold them harmless from any such damage(s).
7. We may at our discretion log onto your account to review text, photos, audio and video even those which are otherwise password protected to the general public to check for compliance with the standards stated herein and take appropriate action therefrom as stated in section 3 above.
8. You will abide by standards of conduct and decency which are in line with the general online community, as well as all laws. Violation of this, in ieterna's sole and absolute discretion, may result in ieterna taking appropriate action against you including, without limitation, deleting content from your profile, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content that: is in any way illegal or unlawful for you to personally post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with; harasses or advocates harassment of another person; is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
provides access (either directly or via links) to an illegal or unauthorized copy of another person's copyrighted work, such as computer programs, music, videos, photographs, etc;
providing information to circumvent manufacturer-installed copy-protect devices; displays pornographic or sexually explicit material of any kind;
provides instructional information about activities such as making or buying weapons, violating someone's privacy, or creating or distributing computer viruses;
solicits passwords or personally identifying information for any purpose from others;
is an adult soliciting a relationship with a minor;
constitutes, or could be construed as, harmful matter or indecent communications to minors;
constitutes, or could be construed as, child pornography or the abuse of children;
constitutes, or could be construed as, being abusive to people or animals;
entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle;
is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity;
is either directly or indirectly an unapproved advertisement of any form for commercial purposes;
constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights;
and, in any program, file, data stream or other material contains viruses, worms, "Trojan horses" or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity.
II. As the provider of the Service, ieterna represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order, online most of the time, and available to the majority of people on the world wide web. We make no representations or warranties with regards to data integrity, availability, archives or back-up's.
6. Charges for Services
Most ieterna services are at no cost to the User for moderate amounts of storage space. Large data archives may require a one-time fee proportional to Content storage space requirements. When you pass away, your profile and Content (and the space they use) is free and will remain online in perpetuity. There are no fees for bandwidth or maintenance.
7. Proprietary Rights of ieterna
ieterna owns and retains all proprietary rights in the Service and in the Content it publishes on its own behalf thereon, as well as all programming code, user-interface designs, database methodologies, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary information of ieterna partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. ieterna reserves the right to send periodic email communications to registered users regarding ieterna website features and status. Users also have the option to receive periodic email communications such as newsletters and /or advertisers and vendors information.
8. Copyright Policy
You are solely liable for what you publish on the Service. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Furthermore, by posting any Content, you hereby grant to ieterna the nonexclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Service. You also accept that people who view the things you have published can easily themselves make copies of that Content. And that various search engines may spider, index and display part or all of your Content. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service;
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
ieterna's copyright agent for notice of claims of copyright infringement can be reached as follows:
General Counsel, ieterna foundation, 2045 E. Amity Rd., Meridian, ID 83642.
10. Links to Third-Party Web Sites
ieterna is not responsible for any user Content published on the Service, or in connection with the Service, whether by User or by other users. ieterna is not responsible for the conduct, whether online or offline, of any user of the Service. ieterna assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Service, Content or any User communications. The Service and/or any features thereof may at any time fail or be subject to computer hacking, and so ieterna disclaims any responsibility for such events and makes no representations regarding the security nor the permanence of any data, including back-up's. ieterna is not responsible for any problems or technical malfunction of any telephone network or data lines, computer systems, servers or providers, computer equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person.
Under no circumstances will ieterna be responsible for any loss or damage, including but not limited to personal injury or death, resulting from your use of the Service, any Content posted on the Service or transmitted to or from User, or any interactions between User and others, whether online or offline. That ieterna may, in its sole and absolute discretion, review photos, video and/or other Content, and may even delete some Content from the system before or after it is published for viewing, does not in any way imply that ieterna is obligated to do so, nor that it formally edits or moderates the Service.
THE SERVICE IS PROVIDED "AS-IS" AND, EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE, ieterna DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ieterna DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, ieterna IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING USERS AND ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.
12. Liability Limitations
IN NO EVENT SHALL ieterna BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF ieterna AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF ieterna HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR FOR ANY MISTAKES SUCH AS ALLOWING OR DISALLOWING ANY CONTENT. NOR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY EVEN IF SUCH PERSON OR BUSINESS WAS REFERRED BY ieterna. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT ieterna's SOLE LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT PAID, IF ANY, BY USER TO ieterna FOR THE SERVICE DURING THE TERM OF USER'S USE.
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. ieterna may terminate your account(s) (if any) at any time and without reason, with no notice required. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 7, 8, 9, 10, 11, 12, 14, 15, 16, 17 and 18 of this Agreement.
14. Binding Arbitration, Applicable Law and Venue, Attorneys Fees
This Agreement is governed by, and will be interpreted and enforced in accordance with the laws of the State of Idaho, without regard to principles of conflict of laws. Any claim or dispute arising under this Agreement may only be brought in arbitration, pursuant to the rules of the American Arbitration Association, with venue in the city of Boise in the state of Idaho. Each of User and ieterna consents to this method of dispute resolution, as well as jurisdiction, and consents to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorneys fees, and the decision of the arbitrator shall be final, binding and enforceable in any court.
You agree to indemnify and hold ieterna, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
16. Entire Agreement and Force Majeure
This Agreement, accepted upon use of the Service, contains the entire agreement between User and ieterna regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances beyond its reasonable control, including but not limited to, acts of God, war, riot, embargo, acts of civil or military authorities, equipment failures, fire, flood, earthquake or other natural forces, accident, strike, or shortage of fuel or energy.
ieterna has the right, at its sole discretion, to modify either this Agreement and/or the Service at any time. Changes to this Agreement will be posted on http://ieterna.org as described above in the opening paragraph of this Agreement so that you may review it. If any portion of this Agreement or any change to the Service is unacceptable to you then you should immediately discontinue your use of the Service; continued use of the Service means that you have accepted and are bound by this Agreement and any changes made hereto.
Any notices to ieterna foundation are to be sent to 2045 E. Amity Rd., Meridian, ID 83642. Any notices to User will be sent to the email address provided to us or in the Service.
Last Updated ( Friday, January 2009)