Terms Of Use

Terms and Conditions of Use for Pluss Web Services
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Introduction
Thank you for your interest in using Pluss Communities (the "Service").By using the Service, you agree to be bound by the following terms and conditions. If you wish not to be bound by the following terms and conditions, your exclusive remedy is not to use the Service.

Pluss Corporation may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page, and you agree to be bound by these modifications or revisions. Although we will attempt to notify you via your email address when major changes are made, you should visit this page periodically to review the terms.

Use of Material
The contents within the Service are protected by copyright and other laws in both the United States and elsewhere. The Service includes both content owned or controlled by the Pluss Corporation as well as content owned or controlled by third parties and licensed to Pluss Corporation (collectively, the "Materials").

Pluss Corporation authorizes you to view and download a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of Pluss Corporation. Special rules may apply to the use of certain software and other items provided via the Services, and are noted where appropriate.

If you would like information about obtaining Pluss Corporation's permission to use any of the Material on your Web site, please send an e-mail to webadmin@pluss.net.

Discussions
The Service contains certain discussion forums and news groups. (collectively, the "Forums").

MUCH OF THE CONTENT OF THE FORUMS--INCLUDING THE CONTENTS OF SPECIFIC POSTINGS--IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON POSTING IN THAT FORUM. PLUSS DOES NOT MONITOR THE CONTENT OF THE FORUMS AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT. INSTEAD, PLUSS MERELY PROVIDES ACCESS TO SUCH CONTENT AS A SERVICE TO YOU.

By their very nature, Forums may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using the discussion Forums.

No Endorsement. Pluss Corporation does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications Posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material Posted in the Forums will be at your own risk.

No Obligation to Monitor. Pluss Corporation does not control the information delivered to the Forums, and Pluss Corporation has no obligation to monitor the Forums. However, Pluss Corporation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Pluss's sole discretion.

Pluss Corporation’s Rights
If Pluss discovers communications that allegedly do not conform to any term of this Agreement, Pluss may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Pluss Corporation will have no liability or responsibility for performance or non-performance of such activities. Pluss Corporation reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that Forums available through the Service are available only through the Service and others are available both through the Service and other sources over which Pluss Corporation has absolutely no control.

Privacy
You acknowledge that all Forums are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any discussion. Generally, any communication that you post to the Service is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by Pluss Corporation as confidential, that fact will be explicitly stated on those pages. For more information on Pluss Corporation’s approach to privacy in general, see Pluss Corporation's Privacy Policy

Removal and Archiving
You may request removal of a message that you have posted yourself. In contrast, you agree to resolve directly and exclusively with third parties any disputes you may have about messages that they posted. In this regard, you understand that Pluss Corporation does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made publicly available.

Permitted Uses
You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Forums only to send and receive messages and material that are legal, proper and related to the particular discussion. By way of example, and not as a limitation, you agree that when using a forum, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.

• Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.

• Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Advertise or offer to sell any goods or services for any commercial purpose, other than in discussion intended for such uses. Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in forums intended for such uses.

• Download any file Posted by another user of a forum that you know, or reasonably should know, that cannot be legally distributed in such manner.

• Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.

• Restrict or inhibit any other user from using and enjoying the forums.

License Grant
By posting communications on or through the Service, you automatically grant Pluss Corporation a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Copyright Infringement and Copyright Agent

Pluss Corporation may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes on the rights of others. For more information on this subject, please click here.

Links to Other Sites
The Service contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by Pluss Corporation of the contents on such third-party Web sites. Pluss Corporation is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

No Warranties
MUCH OF THE MATERIAL ON THE SERVICE IS PROVIDED BY THIRD PARTIES AND PLUSS SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. THE SERVICE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMMPLIED. PLUSS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. PLUSS AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

PLUSS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SERVICE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PLUSS IS NOT RESPONSIBLE FOR THOSE COSTS.

Limitation of Liability / Disclaimer of Damages
Your use of the Service is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Service or with these Terms and Conditions, Pluss Corporation's Privacy Policy, or other policies, your sole remedy is to discontinue use of the Service.

IN NO EVENT SHALL PLUSS OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLUSS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity You agree to defend, indemnify, and hold harmless Pluss Corporation, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or posting of Material or your breach of the terms of this Agreement (a "Claim"). In the event a Claim is brought against Pluss Corporation, Pluss Corporation shall provide notice to you and shall have the right to retain counsel of its choosing to defend against such a Claim. You agree to reimburse Pluss Corporation for any costs (including reasonable attorney fees) or damages awards incurred in association with such defense. Furthermore, you agree to cooperate in good faith to assist Pluss Corporation in such defense and any settlement negotiations related thereto, and to reimburse Pluss Corporation for reasonable settlement amounts if any.

Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.

General
Access to the Materials may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

All legal issues arising from or related to the use of the Service shall be construed in accordance with and determined by the laws of the State of Montana, United States of America, without regard to it conflict of laws principles. By using this Service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Service is the United States District Court for Northwest Montana, or if such court lacks subject matter jurisdiction, the state courts of Montana encompassed within the geographic scope of the Northwest District of Montana. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" on particular web pages, this agreement and its referenced parts constitutes the entire agreement between you and Pluss Corporation with respect to the use of Service.

Pluss Corporation © 2000,2001,2002

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