Terms of Service www.welleby.net
ACCEPTANCE OF TERMS
Welcome to the Welleby Management Association, Inc.
resident web site also referred to as "welleby.net." The following
are the current Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. You can always review the most current
version of the TOS at any time in the "Documents" section of the web
site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are solely responsible for maintaining the
confidentiality of your password and account, and are fully responsible for all
activities that occur under your password or account. You agree to immediately
notify the welleby.net web administrator of any unauthorized use of your
password or account or any other breach of security.
MEMBER CONDUCT
a. We do not accept
users attacking each other in any way. This means no posts that threaten, make
fun of, or attack others. These posts will be removed. Also, we expect posts to
be clean with no foul language or links to offensive sites.
b. Please do not post
copyrighted materials on this site. If you copy and paste copyrighted material,
it will be deleted. In addition, no material found on this site may be printed,
published, or otherwise used without the written permission of Welleby
Management Association, Inc., the owner of this site.
c. Any attempt by anyone entering this site to harvest
e-mail and/or other information about our
subscribers, affiliates or visitors is prohibited and will be
dealt with to the fullest extent of the law.
d. Graphics, pictures, or banners are not allowed in
any posts or signatures and may be deleted by
our Administrators without notice.
e. Don't post commercial
advertising messages or solicitations in message boards or during live chats,
should they become available. Any URL containing a referral code or referral
address will be edited or deleted at the discretion of the Administrators.
These are considered advertising. Listing of any URL in a signature is limited
to only "home pages" that include no advertising or referral. Links
to businesses or pages with advertising are prohibited in signatures. No
"blind or hidden" referral links are allowed.
f. The residents of the
Welleby Management Association, Inc., by and through their contracting
authority, and pursuant to the provisions of Titles 39 and 47 of the United
States Code and all applicable Florida Code, as amended from time to time,
hereby place the reader and user of this web site on legal notice that the
resident information contained herein may not be disclosed, disseminated, or
used in any manner whatsoever, including, but not limited to purposes of
solicitation of products or services by mail, telephone, or otherwise, without
the express, advance written permission of the individual resident.
g. Any conduct by you that
in our discretion restricts or inhibits the use of this site by any other
subscriber or visitor will not be tolerated. We reserve the right to pursue any
and all legal and equitable remedies against you, including the posting of your
address and the reporting of your
activity to our partners, your Internet Service Provider
(ISP), and other authorities.
Any material in any post that we determine to be
disruptive, argumentative, or not suitable for our forum may be edited or
deleted at the discretion of our Moderators or Administrators. An email will be
sent to any member who has a post deleted for any reason. The notice will be
sent to the address displayed in the member's Resident Profile. The Resident
Profile email address is a member's responsibility. If an entire thread is
deleted only the member who posted the original message will be notified.
If we should fail to enforce
any right or provision in these terms and conditions, you agree that this
failure does not constitute a waiver of such right or provision.
If you are aware of any
violations of these terms and conditions please report them to:
webteam@welleby.net
MEMBER RESPONSIBILITIES
You agree to not use
the web site to:
a. Transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous,
defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically
or otherwise objectionable;
b. Harm minors in any way;
c. 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);
d. Transmit any Content that infringes any patent,
trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
e. Transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or
any other form of solicitation;
f. Intentionally or unintentionally violate any
applicable local, state, or national law;
g. "Stalk" or otherwise harass another; or
h. Collect, store or use personal data about other
users or neighbors.
You agree to indemnify and hold the Welleby Management
Association, Inc., and its subsidiaries, committee volunteers, affiliates,
officers, agents, or other partners, and employees, harmless of 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 Welleby.net
web site, your use of the web site, your violation of the TOS, or your
violation of any rights of another.
TERMINATION
You agree that the Welleby Management Association,
Inc. or members of the welleby.net web team, at its sole discretion, may
terminate your password, account (or any part thereof) or use of the web site,
and remove and discard any Content within the web site, for any reason. The
Welleby Management Association, Inc. or members of the welleby.net web team may
at its sole discretion and at any time discontinue providing the welleby.net
web site, or any part thereof, with or without notice. You agree that any
termination of your access to the web site under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that the web
administrator may immediately deactivate or delete your account and all related
information and files in your account. Further, you agree that the Welleby
Management Association, Inc. or members of the welleby.net web team shall not
be liable to you or any third party for any termination of your access to the
web site.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that the Welleby Management
Association, Inc. or members of the welleby.net web team shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
the web site.
LINKS |
LINKS |
LINKS
The welleby.net web site may provide links to other
World Wide Web sites or resources. Because the Welleby Management Association,
Inc. or members of the welleby.net web team has no control over such sites and
resources, you acknowledge and agree the Welleby Management Association, Inc.
or members of the welleby.net web team are 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
the Welleby Management Association, Inc. 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.
DISCLAIMER OF WARRANTIES
By logging on to the
welleby.net web site you expressly understand and agree that:
a. Your use of the welleby.net web site is at your
sole risk. The service is provided on an "as is"
and "as available" basis. welleby.net
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.
NOTICE
Notices to you may be made via either email or regular
mail. The web site may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on the web
site.
If you violate any of the Policies listed in the Terms
of Service or as listed in other areas of this site your email address may be
posted as a policy violator and your membership may be revoked without notice.
The Welleby Management Association, Inc. the Welleby
Management Board of Directors, TOPS Software, AtHomeNet, or members of the
welleby.net web team are not liable for the content of any posts. We only review
them for foul language, referral links, and other items covered in these
policies. We do not verify or endorse as true any information posted by a
member.
HEADINGS
All headings and subheading employed within this TOS
are inserted only for convenience and reference only. Headings are not to be
considered in the interpretation of any provision of this TOS.
INVALIDITY OF A PARAGRAPH
If any section, sentence, or paragraph of this TOS is
found to be invalid, void or unenforceable, the remainder of the TOS will
continue in force.