Terms of Service and Conditions of Use
Welcome to Compass Media Group. This Agreement states the terms and conditions governing the use of client services on the Compass Media Group Web Site (www.compassmediagroup.com), hereafter called the "Site." Membership on the Site provides registered Members (each a "Client") with a package of content and services. Compass Media Group may, at its discretion, add or delete features. By registering as a Client, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions stated below.
1. Price and Payment
Compass Media Group membership content and services are available free of charge, exclusive of other Internet or other telecommunications fees. Compass Media Group may offer fee-based membership programs in the future.
2. Terms of Membership
Membership is available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique Compass Media Group Client Name and password. Compass Media Group does not discriminate on the basis of age, gender, or ethnicity. Membership is intended for personal use only and is non-transferable. Please see the "Termination of Service" clause below for additional Membership information. No information should be submitted to or posted at Compass Media Group's Web Sites by children under the age of 13 years without their parent's or guardian's consent. Compass Media Group makes a special effort to advise those under the age of 13 to get parental permission before providing information or submitting any material to put online, and we urge parents to supervise their children's online use.
3. Client Web Page Guidelines
Compass Media Group provides Client Web pages and the associated storage space in various Sites as a fee based service to Clients. Compass Media Group is not responsible for the content of any personal home page, and the views expressed in the Site are the responsibility of the posting Client and not Compass Media Group. In some cases, Compass Media Group does not review Client Web pages in any way before they appear on the various Sites. Compass Media Group reserves the right to remove any page from the various Sites. Compass Media Group may place an advertisement, a Compass Media Group home button, and a navigational masthead at the top of some pages in the various Sites. Compass Media Group also places a legal disclaimer at the bottom of some pages within the various Sites. Compass Media Group provides space for Client Web pages, but makes no implied or express warranties about the reliability of these pages. Compass Media Group is not responsible for any damage caused by loss of access to, or deletion or alteration of Client pages; individual Clients are responsible for monitoring and creating backups of their pages.
Every Client creating a home page must adhere to Compass Media Group's standards of content. We have found the following standards promote communication in an atmosphere of mutual respect:
A) We do not tolerate harassment.
We welcome people of all ages, races, religions, genders, national origins, and points of view. We do not tolerate expressions of bigotry, hatred, harassment or abuse, nor will we tolerate threats of harm to anyone.
Because we encourage discussion and exchange of ideas, we do not allow defamatory, abusive, tasteless or indecorous content or statements. For the same reason, we do not allow sexually explicit material on the Client Web pages, nor links to such material. Topics dealing with human sexuality and other similar subjects can be discussed, but in an educational, structured, and monitored environment.
B) We allow only legal activities.
Although this seems obvious, we do not allow any illegal activities. Specifically, we will not allow you to advocate illegal conduct or participate in illegal or fraudulent schemes. You cannot use Client Web pages to distribute unauthorized copies of copyrighted material, including photos, artwork, text, recordings, designs, or computer programs.
Compass Media Group does not allow the posting or use of computer programs that contain destructive features, such as viruses, worms, Trojan horses, bots, scripts or any other form of invasive software. Compass Media Group will not condone the following activities on Compass Media Group hosted web sites:
i) making available copyrighted software which has been "cracked" - i.e., the copyright protection has been removed from the software;
ii) making available serial numbers for software which can be used to illegally validate or register software;
iii) making available tools which can be used for no purpose other than for "cracking" software (this does not include tools which have legitimate uses for software developers, system administrators, etc.).
If Compass Media Group becomes aware of the presence of copyright infringing material on its servers, either in the course of ordinary and reasonable business activities, or through notification by a third party, of the specific location of the alleged presence of such materials, Compass Media Group will:
i) Notify the Client responsible for the page of the allegation of copyright infringement and request he or she responds within five days with explanation.
ii) If the Client responds within five days, the explanation will be forwarded to the party making the allegation.
iii) If the Client does not respond, Compass Media Group reserves the right to remove the page.
Compass Media Group reserves the right to immediately remove your Client Web pages for content that we believe interferes with other peoples' enjoyment.
Compass Media Group wants your use of your Client Web pages here to be enjoyable. If you have questions about our standards, or you find a Client's page that is particularly enjoyable, or one that you feel violates our standards, then please tell us about it.
4. Commercial Activity on Client Web Pages
Use of your Client Web pages for commercial purposes is limited by the following:
a) No solicitation of Credit Card numbers for goods or services except via using a commercial secure server;
b) No soliciting for advertisers or sponsors;
c) No displaying of a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exception of those placed there by Compass Media Group or its affiliates;
d) No displaying of banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web site;
e) No promoting or soliciting for participation in multi-level marketing or pyramid schemes;
f) No conducting raffles or contests that require any type of entry fee;
g) No violating Internet standards for the purpose of promoting your Client Web pages; e.g., mass mailing of unsolicited email to others; mass cross posting to Newsgroups, etc.;
h) No developing pages that consist of hyperlinks to content not allowed in Compass Media Group.
5. Compass Media Group Client Profiles
Initially, Client Web pages will be created from the information entered into your Compass Media Group Client Profile. Therefore, the content contained on Client Profiles should conform to the same content standards described in this Agreement. In addition, it is suggested that no revealing personal information be placed in the Client Profile, or later, when customization of Client Web pages is available.
6. Rules for Online Conduct:
Compass Media Group Message Boards, Chat Rooms, and Auditoriums By participating in any of the above services, the Client agrees to follow the Compass Media Group Standards as outlined on the particular pages. The information on that page (and as amended) is deemed to be incorporated into this document.
Postings to Message Boards, and communication in Chat rooms and Auditoriums are not reviewed prior to appearing on the Site. Compass Media Group reserves the right to edit, delete, or move any Postings to Message Boards and to terminate or suspend access to our chats for conduct that we believe interferes with other peoples' enjoyment.
Compass Media Group provides chats on a number of topics, but Compass Media Group staff and volunteer hosts do not offer professional advice of any kind, and are speaking from their own experience or opinion as is helpful for the facilitating of conversation. Such personnel claim no professional expertise or authority.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards.
When in doubt about appropriate behavior, remember that Compass Media Group is an electronic world, but the people here are real. So, just as when you join any gathering of people, we ask that you treat others with respect and with care.
7. Privacy
Please review our policy with regards to a users right to privacy at privacy.cfm. The information on that page (and as amended) is deemed to be incorporated into this document.
The exchange between Compass Media Group and the Client of information such as passwords or electronic mail may not be secure given the current state of the Internet. Compass Media Group encourages Clients to change their passwords frequently.
Postings and other communications with Compass Media Group are not private and may be published and edited at the discretion of Compass Media Group unless specifically instructed otherwise.
8. Copyrighted Material
All material on the Site, including, without limitation, text, software, photos, video, graphics, music and sound, are protected by US and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by Compass Media Group or a third-party content provider, is allowed by Clients for personal use only. Clients may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.
Any material protected by copyright may not be placed on the Site or the Membership area without the express permission of the author or owner of the copyright on that material. With specific regard to issues of software piracy, please see section 3B above.
9. Limitations of Liability and Warranty
The Client agrees that the use of the Site is entirely at the Client's own risk. The Site is provided on an "as is" basis without warranties of any kind, either expressed or implied. Furthermore, neither Compass Media Group nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Site.
The Client specifically agrees that Compass Media Group or third-party content providers are not liable for any conduct by Clients associated with the Site, including, but not limited to, Client Web pages, Client Profiles, message boards, chat rooms, or auditoriums.
Compass Media Group and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for (i) any errors or omissions arising from the use of such information; (ii) any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or (iii) losses or damages arising from the use of the content or services provided by the Site.
10. Indemnity
As a Client, you agree to indemnify Compass Media Group and any third-party information provider against any and all claims and expenses, including attorneys' fees, arising from the Client's use of the Site. This expressly includes: (i) Client's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within Client Web pages, resumes, profiles, or Postings.
11. Termination of Service
Compass Media Group may terminate Membership and any and all information, communications, Postings, or Web pages at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Compass Media Group elsewhere on the Site. Compass Media Group may terminate Membership and delete any and all information, communications, Postings, or Web pages for online conduct that Compass Media Group believes is harmful to other Clients, the business of Compass Media Group, or other third-party information providers.
12. Choice of Law
This Agreement shall be constructed and controlled by the laws of the State of FLorida, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of Florida. The Client agrees to personal jurisdiction by the state and federal courts of the State of Florida.
13. Merger Clause
This Agreement, and the content of the referred to URL locations, constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Compass Media Group representatives and the Client. Compass Media Group may amend this Agreement at any time with notice from Compass Media Group to the Client as published on the Site.
Acceptable Use Policy
As a provider of web site hosting, and other Internet-related services, Compass Media Group offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Compass Media Group respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Compass Media Group reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Compass Media Group has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Compass Media Group's services. This AUP will be revised from time to time. A customer's use of Compass Media Group's services after changes to the AUP are posted on Compass Media Group's web site, www.compassmediagroup.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Compass Media Group cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Compass Media Group cannot monitor or censor the Internet, and will not attempt to do so, Compass Media Group cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Compass Media Group does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Compass Media Group's network and may reach a large number of people, including both subscribers and nonsubscribers of Compass Media Group, subscribers' postings to the Internet may affect other subscribers and may harm Compass Media Group's goodwill, business reputation, and operations. For these reasons, subscribers violate Compass Media Group policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Compass Media Group, but also because it can overload Compass Media Group's network and disrupt service to Compass Media Group subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Compass Media Group has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Compass Media Group is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Compass Media Group's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Compass Media Group's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Compass Media Group is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Compass Media Group's network.
Defamatory or Abusive Language -- Using Compass Media Group's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking" or "cracking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and copyright infringement.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and copyright infringement.
Other Activities -- Engaging in activities, whether lawful or unlawful, that Compass Media Group determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Compass Media Group will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Compass Media Group policy or applicable law. When Compass Media Group becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, or take any other action it deems appropriate.
Compass Media Group also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Compass Media Group's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Compass Media Group does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Compass Media Group has the right to directly take action against a customer of a subscriber. Also, Compass Media Group may take action against the Compass Media Group subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Compass Media Group anticipates that subscribers who offer Internet services will cooperate with Compass Media Group in any corrective or preventive action that Compass Media Group deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Compass Media Group policy.
Compass Media Group also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Compass Media Group urges its subscribers to assume that all of their on-line communications are insecure. Compass Media Group cannot take any responsibility for the security of information transmitted over Compass Media Group's facilities.
Compass Media Group will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Compass Media Group may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Compass Media Group may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Compass Media Group assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Compass Media Group may disclose subscriber information or information transmitted over its network where necessary to protect Compass Media Group and others from harm, or where such disclosure is necessary to the proper operation of the system.
Compass Media Group expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Compass Media Group policy. Finally, Compass Media Group wishes to emphasize that in signing with any Compass Media Group service, subscribers indemnify Compass Media Group for any violation of the service agreement, law, or Compass Media Group policy, that results in loss to Compass Media Group or the bringing of any claim against Compass Media Group by any third-party. This means that if Compass Media Group is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Compass Media Group, plus costs and reasonable attorneys' fees. Reselling of web space provided by Compass Media Group is prohibited with any package other than the reseller package.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Compass Media Group and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to bo@reahard.org.
