1. ACCEPTANCE OF TERMS

Porn Spaces provides a free web 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. Updated versions of our Terms of Service are always accessible at: http://www.pornspaces.com/terms.htm

2. DESCRIPTION OF SERVICE

Porn Spaces currently provides users with a personal web page hosting services.

3. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such components originated. This means that you, and not Porn Spaces are entirely responsible for all content that you upload, post or otherwise transmit via our services. Porn Spaces does not control the content posted via our services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using our services, you may be exposed to content that is offensive, indecent or objectionable.

You agree to not use our services to:

- Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- 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);
- Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post 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 of our services that are designated for such purpose. Spamming on-line services such as America On-line, Prodigy, and CompuServe is strongly prohibited. Likewise, spamming on any web-based, or protocol-based relay network is prohibited as well;
- Interfere with or disrupt our services or servers or networks connected to our network, or disobey any requirements, procedures, policies or regulations of networks connected to our services;
- Promote your site hosted at Porn Spaces via thumbnail gallery posts, picture posts, movie posts, bulletin board systems and similar sites;
- Intentionally or unintentionally violate any applicable local, state, national or international law.

4. 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.

5. CONTENT SUBMITTED TO Porn Spaces

You acknowledge that Porn Spaces does not pre-screen Content, but that Porn Spaces 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 our servives. Without limiting the foregoing, Porn Spaces 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.

6. INDEMNITY

You agree to indemnify and hold Porn Spaces, 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 our services, your connection to our services, your violation of the TOS, or your violation of any rights of another.

7. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Porn Spaces may establish general practices and limits concerning use of our services. Currently, each Porn Spaces address allows particular individuals to have 10MB of disk space for his or her files.

8. MODIFICATIONS TO SERVICE

Porn Spaces reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice. You agree that Porn Spaces shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services.

9. TERMINATION

You agree that Porn Spaces, in its sole discretion, may terminate your password, Porn Spaces Site, use of the Service, and remove and discard any Content within our services, for any reason, including, without limitation, for lack of use or if Porn Spaces believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Porn Spaces may also in its sole discretion and at any time discontinue providing our services, or any part thereof, with or without notice. You agree that any termination of your access to our services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Porn Spaces may immediately deactivate or delete your Porn Spaces site. You agree that inactive sites within the timeframe of 15-20 days will be discontinued. Further, you agree that Porn Spaces shall not be liable to you or any third-party for any termination of your access to our services.

10. ADVERTISEMENTS AND PROMOTIONS

Porn Spaces runs advertisements and promotions on each Porn Spaces site. By creating your Porn Spaces Site, you agree that Porn Spaces has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Porn Spaces on your Porn Spaces Site is subject to change.

11. LINKS

Our services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Porn Spaces has no control over such sites and resources, you acknowledge and agree that Porn Spaces 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 Porn Spaces 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.

12. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

a) Your use of our service is at your own risk. The service we provide is on an "as is" basis, as well as an "as available basis";
b) Porn Spaces makes no warranty that:
- the service will meet your requirements
- the service will be uninterrupted, timely, secure, or error-free
- the results that may be obtained from the use of the service will be accurate or reliable
- any errors in the software will be fixed
c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk that you will be solely responsible for. Any damage to your machine or data connection is understood to be your responsibility.

13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Porn Spaces 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 Porn Spaces HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO OUR SERVICES;
(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 OUR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES.

14. NOTICE

Notices to you may be made via either email or regular mail. Our services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on our services.

15. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Porn Spaces and govern your use of our services, superceding any prior agreements between you and Porn Spaces (including, but not limited to, any prior versions of the TOS). The TOS and the relationship between you and Porn Spaces shall be governed by the laws of the State of California without regard to its conflict of law provisions. 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 our services 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.

Back to home page

Last revised: Monday, 26-Jul-2004 01:00:00 BST