CONDUCT OF USERS
All registered users agree to act responsibly, and in a intelligent and mature manner. Obsessive Flaming, Harassment or Disparaging remarks to other users will not be tolerated.
In your use of the Sites, you may not:
Infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; disrupt or interfere with the security or use of the Sites; interfere with or damage the Sites, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) FrostClick, federal, state, or municipal government, or a political candidate; or create or use a false identity; attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access; engage, directly or indirectly, in transmission of spam, chain letters, junk mail or any other type of unsolicited solicitation, except in those areas of the Sites that are designated for solicitations; collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Sites; use any meta tags or any other hidden text utilizing FrostClick’s name, trademarks, or product names; advertise, offer to sell, or sell any goods or services, except as expressly permitted by FrostClick; engage in any activity that interferes with any third party’s ability to use or enjoy the Sites; or assist any third party in engaging in any activity prohibited by these TOS.
Original materials posted by FrostClick are protected by intellectual property laws. The text of published on FrostClick.com is covered under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License.
FrostClick recognizes that you may want to use trademark, copyright information and other publicly available information belonging to FrostClick on this Site. FrostClick allows for such use and requests that you adhere to the following guidelines:
1. No use of the FrostClick Name, Trademark, and Logo. The FrostClick Name, Trademark, and Logo design may not be used by a third party, unless upon receiving written consent from FrostClick.
2. Any websites or distribution methods owned, operated, or controlled by you shall not be used for sale or redistribution of FrostClick content, products or materials for financial gain. FrostClick permits use of FrostClick trademarks only for promotional, instructional or reference materials. FrostClick permits the use of FrostClick content in accordance with the conditions of a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License
3. FrostClick will not acquire an ownership interest in the materials you post, input or submit to any web site and web site housed or displayed in the Network, but will acquire a non-exclusive license.
FrostClick enforces and seeks to comply with the DMCA and its take down provisions. Any registered users who are designated by FrostClick as repeat infringers of the DMCA will be denied access to the Sites in the future, in accordance with FrostClick’s DMCA Policy.
Registered Users are on notice that FrostClick does not allow the posting of obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable material (Obscene Content). FrostClick may take voluntary action in restricting access to or removing any material that includes Obscene Content.
In addition, FrostClick, in its sole and absolute discretion, may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that a user of the Sites has infringed your intellectual property rights, please notify FrostClick’s Copyright Agent, and provide the following information:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
(b) An identification of the intellectual property claimed to have been infringed.
(c) A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
(d) Your address, telephone number, and email address.
(e) A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
(f) A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
FrostClick’s Copyright Agent can be reached at Contact@FrostClick.com
FrostClick may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act. You hereby authorize FrostClick to release information about you if required by law or subpoena without notice to you.
You will indemnify FrostClick and its agents, affiliates, and employees from any liability, loss, or expense (including but not limited to reasonable attorneys’ fees and costs) resulting from any third-party claim or proceeding in which it is alleged that any content posted by You or the use thereof infringes or violates the intellectual property rights, privacy rights, publicity rights, or moral rights of another or is unlawful.
DISCLAIMER OF WARRANTIES
YOUR USE OF ANY AND ALL SOFTWARE PROVIDED BY FROSTCLICK ON THE SITES IS WITHOUT WARRANTY, AND IN AN AS-IS CONDITION AND ON AN AS AVAILABLE BASIS. THERE IS NO ABILITY FOR FROSTCLICK TO MONITOR TRANSMISSIONS, USERS, OR CONTENT WHICH MAY BE TRANSFERRED THROUGH USE OF THE SOFTWARE.
FROSTCLICK DOES NOT REPRESENT OR WARRANT THAT THE SITES OR SOFTWARE OR THEIR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. FrostClick MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
EXCLUSION OF DAMAGES
FROSTCLICK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS, THE SITES EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO FROSTCLICK DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
FrostClick will not be liable for failing to perform under these TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to FrostClick to perform, fire, terrorism, natural disaster or war, or sheer laziness.