Blog.com provides the Blog.com Services described below to you (“The Author”) subject to the following Terms Of Service (“TOS”). By accessing and using the Blog.com Services you accept the Terms of Service and agree to be bound by the TOS terms and provision.
You may access these terms of service by clicking the link “Terms of Service” on the Blog.com Service homepage, accessible at http://our.blog.com/.
2. Modifications to Terms of Service
Blog.com may change the terms and conditions of the TOS without prior notice nor posterior notification to The Author. Changes to the TOS will be signaled to The Author upon login at the Blog.com site on a good faith principle. Changes to the TOS will also be announced on Blog.com’s company blog, accessible athttp://our.blog.com/.
3. Service Description
Blog.com provides a hosted blog service. A hosted blog service is composed of two parts: (i) Web application for online editing of blog contents. (ii) Hosting of the webserver needed for publishing the weblog content. The provided service allows for editing and publishing of the blog content, namely: posts, categories, photo albums, post/photo comments, blogrolls, personal profiles. Storage or bandwidth limits are applied to content, according to account levels, further described in the pricing policy.
4. Modifications to Service
Blog.com may change the provided service without prior notice nor posterior notification to The Author. Changes to the service will be signaled to The Author upon login at the Blog.com site on a good faith principle.
5. Author Identification
Blog.com identifies The Author by the email and password provided during registration phase. After successfull login, all actions are considered to be taken by The Author. (i) The guarantee of confidentiality of the email and password used to login at Blog.com is sole responsability of The Author. (ii) In the event of loss of the password by The Author, Blog.com may send a password recovery message to the email provided during registration. The guarantee that only The Author may read this message is the sole responsability of The Author. (iii) Blog.com will offer no password recovery channel other than submission of a new password to the registered email.
Content published by the The Author via Blog.com’s services is owned by The Author. Usage of The Author’s content by Blog.com is allowed for marketing purposes, unless said content is marked as private.
You agree to indemnify and hold Blog.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
7.3 Author Responsibility
The Author is entirely responsible for the content of, and any harm resulting from, the Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: (i) The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (ii) The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (iii) The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (iv) The Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (v) Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; (vi) Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own;
7.4 Content Removal
Content published by The Author is not pre-screened by Blog.com. Blog.com shall have the right, in their sole discretion, to refuse publication or remove from their systems, of Content published by The Author.
Blog.com is authorized to insert advertisement into content pubilshed by The Author. Advertisement shall take the form of advertisement banners, as defined by Interactive Advertising Bureau (http://www.iab.net/). Advertisement shall be clearly marked as such in published pages.
9. Pricing Policy
The pricing policy defines Blog.com optional paid services that add features to the blog. The paid services relate to different limits on: (i) Access to Blog.com Service features, (ii) Storage limits for data stored in Blog.com servers, The pricing policy may change without prior notice or posterior notification to the The Author.
10. Blog suspension and deletion for inactivity
Blog.com reserves the right to suspend and delete blogs based on activity criteria. Suspension and deletion criteria are applied individually per blog hosted on Blog.com. A blog will be considered active if it fullfils at least one of the following conditions: (i) It subscribes any premium service. (ii) It contains more than ten posts, and the most recent post is less than eighteen months old. (iii) It contains more than one post, and the most recent post is less than six months old. (iv) Its most recent post is less than two weeks old. Blogs that can’t be considered active will be marked as inactive. Blog.com may at any time start a deletion process for inactive blogs. The deletion process occurs as follows: (i) The blog is suspended for inactivity (ii) An email is sent to the registered owner email address, informing of the suspension (iii) The blog is deleted thirty days after the suspension date, if it still can’t be considered active.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLOG.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) BLOG.COM WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, BLOG.COM IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. BLOG.COM DOES NOT WARRANT THAT: (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLOG.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLOG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.