Spanglefish - Terms of Service
Our full terms and conditions can be read below, but here's a quick tl;dr summary of what we'd prefer you didn't use a Spanglefish site for:-
- we're not happy to find racist, homophobic or mysogynist content on sites
- whilst not being prudes, we'd rather not have pornographic images or embedded explicit videos on our system
- it annoys us when someone sets up one or more Spanglefish sites solely to promote a different website
- it's possible to hide the adverts on Free Spanglefish sites using the CSS facilities we supply - please don't, that really gets up our noses and will most likely result in you not having a website
We can, and have deleted sites which broke these terms.
These aside, we're more or less delighted to have sites on pretty much any subject you can think of, and we do. We especially love to have sites campaigning against injustice - but do remember, if you're saying something less than complimentary about a company or person, make sure it's true and you can back it up!
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE Spanglefish.com, owned and operated by Plexus Media Ltd (Plexus) , is provided to you (User(s)) under the terms and conditions of this Spanglefish Terms of Service (STS) and any operating rules or policies that may be published by Plexus Media Ltd. The STS comprises the entire agreement between Users and Spanglefish and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE STS.
2. DESCRIPTION OF SERVICE Spanglefish provides Users with various publishing and community services, including but not limited to the capability to post information to a web page. Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when User implements those options, if any. User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone or Broadband service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE Plexus may change the terms and conditions of the STS from time to time. Upon major changes in the terms and conditions of the STS, Plexus will notify you by posting the changes as an admin system screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you may terminate your use of the Service at that time. Minor changes in the terms and conditions of the STS will be posted here.
7 Nov 2012: Addition of para 6c - offensive content.
Users continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the STS and STS modifications; and (2) agreement by User to abide and be bound by the STS and STS modifications.
4. MODIFICATIONS TO SERVICE Plexus reserves the right to modify or discontinue the Service with or without notice to User. Plexus shall not be liable to User or any third party should Plexus exercise STS right to modify or discontinue the Service.
It is Plexus's policy to respect the privacy of Users. Therefore, Plexus will not disclose to any third party User's name or contact information. Plexus will also not monitor, edit, or disclose the contents of a User's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Plexus; (2) protect and defend the rights or property of Plexus; or (3) act under exigent circumstances to protect the personal safety of Spanglefish Users or the public; (4) fix or debug problems with the Spanglefish software/service.
6a. CONTENT OWNERSHIP Unless stated otherwise for specific services, User will retain copyright ownership and all related rights for information he or she publishes through Spanglefish or otherwise enters into Spanglefish-related services.
6b. CONTENT RESPONSIBILITY User acknowledges and agrees that Plexus neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
6c. OFFENSIVE CONTENT Spanglefish reserves the right to delete sites or pages which contain content we consider offensive, this may include but is not restricted to racist, sexist or homophobic material, explicit pornographic images or embedded videos.
7. User ACCOUNT, PASSWORD, AND SECURITY Once you become a User of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, go 'Admin' and change your password under 'Your Information'); you may also set up a new account and close an old one at your convenience.
User agrees to immediately notify Plexus of any unauthorized use of User's account or any other breach of security known to User.
8. DISCLAIMER OF WARRANTIES User EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT User'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Plexus 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.
Plexus MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
User UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT User'S OWN DISCRETION AND RISK AND THAT User WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO User'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Plexus MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY User FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY Plexus SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF User'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. NO RESALE OF THE SERVICE User agrees not to resell the Service, without the express consent of Plexus. (Note: Setting up Spanglefish sites for clients to update their web pages and charging for your time acceptable.)
11. STORAGE AND OTHER LIMITATIONS Plexus assumes no responsibility for the deletion or failure to store information entered into Spanglefish.
Plexus has set a no limit to the amount of storage spaced used by Spanglefish sites; however, Plexus retains the right, at Plexus's sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the STS and may terminate Service if a User's conduct is found to be inconsistent with the STS.
12. User CONDUCT User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, national and international laws and regulations.
User agrees: (1) to comply with Scottish law regarding the transmission of technical data exported from the the UK through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Plexus may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the STS.
13. INDEMNIFICATION User agrees to indemnify and hold Plexus, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User's use of the Service, the violation of this STS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.
14. TERMINATION Either User or Plexus may terminate the Service with or without cause at any time and effective immediately. Plexus shall not be liable to User or any third party for termination of Service.
Should User object to any terms and conditions of the STS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right and Plexus will have no obligation thereafter to forward any unread or unsent messages to User or any third party.
15. NOTICE All notices to a party shall be in writing and shall be made either via email or conventional mail. Plexus may broadcast notices or messages through the Service to inform User of changes to the STS, the Service, or other matters of importance; such broadcasts shall constitute notice to User.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. Plexus assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service ("Content") by Plexus or Plexus's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
18. LAWS The STS shall be governed by and construed in accordance with the laws of Scotland, excluding STS conflict of law provisions.
User and Plexus agree to submit to the exclusive jurisdiction of the courts of Scotland. If any provision(s) of the STS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Plexus's failure to exercise or enforce any right or provision of the STS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Plexus in writing.
User and Plexus agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the STS are solely used for the convenience of the parties and have no legal or contractual significance.
Terms of Service for Spanglefish.com
1. ACCEPTANCE OF TERMS Welcome to Plexus's Spanglefish service. Plexus Media Ltd. ("Plexus") provides the Spanglefish 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; provided that, we will not alter Section 5 ("Content Submitted to Spanglefish") without prior notice to and acceptance by you. You can review the most current version of the TOS at any time at: http://www.Spanglefish.com/tos.html. Please note that other Plexus services (like Spanglefish) are governed by a different Terms of Service.
2. DESCRIPTION OF SERVICE Spanglefish currently provides users with access to web page hosting services, specifically for Spanglefish-powered web pages (the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, shall be subject to this TOS. 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.
4. User 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 Plexus, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Plexus 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.
You agree to not use the Service to: (a) upload, post 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 Plexus official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post 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); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post 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; (g) 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; (h) intentionally or unintentionally violate any applicable local, national or international law (i) "stalk" or otherwise harass another user; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; (l) create sites solely intended to promote other websites;
5. CONTENT SUBMITTED TO Spanglefish
Plexus does not claim ownership of the Content you place on your Spanglefish Site. Plexus may quote or reproduce small portions of your content (if you have made it public) in order to promote your Spanglefish site and/or the Spanglefish service, but only on a fair-use-type basis.
You acknowledge that Plexus does not pre-screen Content, but that Plexus and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Plexus and its designees shall have the right to remove any Content that violates the STS 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.
6. INDEMNITY You agree to indemnify and hold Plexus, 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. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
8. MODIFICATIONS TO SERVICE Plexus 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 Plexus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. TERMINATION You agree that Plexus, in its sole discretion, may terminate your password, Spanglefish Site, use of the Service or use of any other Plexus service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Plexus believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Plexus 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 Plexus may immediately deactivate or delete your Spanglefish Site and all related information and files in your Spanglefish Site and/or bar any further access to such files or the Service. Further, you agree that Plexus shall not be liable to you or any third-party for any termination of your access to the Service.
The following point (#10) does not apply if you opt for ad-free hosting.
11. Plexus PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Plexus or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
12. 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. Plexus 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) Plexus 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 Plexus OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (e) IF YOU HAVE READ THIS FAR THEN YOUR EYES PROBABLY HURT. ALL CAPS, WHAT WERE WE THINKING? HOWEVER, WE ARE NOT LIABLE FOR THIS OR ANY OTHER OCULAR MALADY.
13. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Plexus 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 Plexus 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.
14. 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 12 AND 13 MAY NOT APPLY TO YOU.
15. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the STS or other matters by displaying notices or links to notices to you generally on the Service.
16. GENERAL INFORMATION The TOS constitute the entire agreement between you and Plexus and govern your use of the Service, superceding any prior agreements between you and Plexus or Spanglefish (including, but not limited to, any prior versions of the STS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Plexus services, third-party content or third-party software. The TOS and the relationship between you and Plexus shall be governed by Scottish Law without regard to its conflict of law provisions. You and Plexus agree to submit to the personal and exclusive jurisdiction of the courts located within Scotland. The failure of Plexus 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.
17. VIOLATIONS Please report any violations of the STS by emailing firstname.lastname@example.org
Thank you for a simply magical service!!John Birrell
The spanglefish system has been great for the new and improved greeninverness website, it's easy to update, simple to use but still a very professional looking site. Thanks for all your help in making the process of moving to a Spanglefish site so hassle free.Green Inverness
The system is excellent and I for one am a real fan - well done everyone at Spanglefish. A brilliant system - brilliant!Brian Brooker