Here are the terms of service that we must (well, actually I must because
I'm registering the new project) agree to. This is what we have to work
within. I see no problems with it but thought you should all be aware of
this.
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Step 2: Terms of Service Agreement
1. ACCEPTANCE OF TERMS
Welcome to SourceForge. SourceForge provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time at: http://SourceForge.com/info/terms/. In addition,
when using particular SourceForge services, you and your project shall be
subject to any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
SourceForge currently provides users with access to a rich collection of
on-line resources, including, various communications tools, online forums,
shopping services, personalized content and branded programming through its
network of properties (the "Service"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the
release of new SourceForge properties, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that
SourceForge assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or SourceForge has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, SourceForge has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof).
4. SourceForge PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, please see our full privacy policy at
http://SourceForge.com/info/privacy/.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify SourceForge 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. SourceForge cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages 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 SourceForge, are entirely responsible for all Content that
you upload, post, email or otherwise transmit via the Service. SourceForge
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will SourceForge be liable
in any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed or otherwise transmitted
via the Service.
You agree to not use the Service to:
a.upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; b.harm minors in any way;
c.impersonate any person or entity, including, but not limited to, a
SourceForge official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity; d.forge
headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service; e.upload, post, email or
otherwise transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); f.upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party; g.upload, post, email or
otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose; h.upload, post, email or otherwise
transmit 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; i.disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage in real time
exchanges; j.interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service; k.intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law; l."stalk" or otherwise harass another; or collect
or store personal data about other users.
You acknowledge that SourceForge does not pre-screen Content, but that
SourceForge and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available via
the Service. Without limiting the foregoing, SourceForge and its designees
shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by SourceForge or
submitted to SourceForge, including without limitation information in
SourceForge Message Boards, and in all other parts of the Service.
You acknowledge and agree that SourceForge may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of SourceForge, its users and the public.
You understand that the technical processing and transmission of the
Service,including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
8. PUBLIC CONTENT POSTED TO SourceForge
a.For purposes of the TOS, "publicly accessible areas of the Service" are
those accessible by the general public. By way of example, a publicly
accessible area of the Service would include public SourceForge BugTraq and
SourceForge Message Forums, but would not include private SourceForge
BugTraq or private SourceForge communication services such as SourceForge
Mail or Forums.
9. INDEMNITY
You agree to indemnify and hold SourceForge, 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 Content you submit, post to
or transmit through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SourceForge may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service, the
maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on
SourceForge's servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the Service in a given period
of time. You agree that SourceForge has no responsibility or liability for
the deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge that
SourceForge reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that SourceForge reserves
the right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
SourceForge reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that SourceForge shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
13. TERMINATION
You agree that SourceForge, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if SourceForge believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
SourceForge may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge and agree
that SourceForge may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that SourceForge shall not
be liable to you or any third-party for any termination of your access to
the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because SourceForge has no control over such
sites and resources, you acknowledge and agree that SourceForge is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that SourceForge shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or
resource.
15. 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. SourceForge 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.SourceForge MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR 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 BY YOU FROM SourceForge OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SourceForge 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 SourceForge 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.
17. 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 15 AND 16
MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
19. TRADEMARK INFORMATION
SourceForge, the SourceForge logo, trademarks and service marks, and other
SourceForge logos and product and service names are trademarks of
SourceForge Inc. (the "SourceForge Marks"). Without SourceForge's prior
permission, you agree not to display or use in any manner, the SourceForge
Marks.
20. COPYRIGHTS and COPYRIGHT AGENTS
SourceForge respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide SourceForge's
Copyright Agent the following information:
1.an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; 2.a description of the
copyrighted work that you claim has been infringed; 3.a description of where
the material that you claim is infringing is located on the site; 4.your
address, telephone number, and email address; 5.a 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; 6.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.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and SourceForge and
govern your use of the Service, superceding any prior agreements between you
and SourceForge. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and
SourceForge shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and SourceForge agree to
submit to the personal and exclusive jurisdiction of the courts located
within the county of Santa Clara, California. The failure of SourceForge to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
22. VIOLATIONS
Please report any violations of the TOS to VA Linux Systems Customer
Service.
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Adrian Sutton
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Email: [EMAIL PROTECTED] Ph: 3714 4649
It is better to support schools than jails.
-- Mark Twain.
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