Terms of Service
Welcome to JournalHome.com!
Before you begin using JournalHome.com, you must read and agree to these JournalHome.com Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
Although we may attempt to notify you when major changes are made to these JournalHome.com Terms of Service, you should periodically review the most up-to-date version (Terms and conditions). JournalHome.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.
If you do not accept and abide by this Agreement, you may not use the JournalHome.com service.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Service.
JournalHome.com is a web publishing service (the "Service").
You will be responsible for all activities occurring under your username and for keeping your password secure.
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis.
JournalHome.com disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software.JournalHome.com also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Service.
JournalHome.com reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use.
You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the JournalHome.com Content Policy (Terms and conditions, contents) and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the JournalHome.com Content Policy, you should periodically review the most up-to-date version. JournalHome.com may, in its sole discretion, modify or revise the JournalHome.com Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the JournalHome.com Content Policy (Terms and conditions, contents), may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
JournalHome.com reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of JournalHome.com -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings.
JournalHome.com does not monitor the content of JournalHome.com, and takes no responsibility for such content. Instead, JournalHome.com merely provides access to such content as a service to you.
By its very nature, JournalHome.com 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 JournalHome.com.
JournalHome.com does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service.
You acknowledge that any reliance on material posted via the Service will be at your own risk.
By using the Service, you consent to any such transfer of information outside of your country.
4. General Practices Regarding Use and Storage.
You agree that JournalHome.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. JournalHome.com retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of the Service.
JournalHome.com takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does JournalHome.com have any obligation to monitor such third-party content.
JournalHome.com reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.
JournalHome.com also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of JournalHome.com, its users and the public.
JournalHome.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights.
JournalHome.com's Intellectual Property Rights.
You acknowledge that JournalHome.com owns all right, title and interest in and to the Service, including all intellectual property rights (the "JournalHome.com Rights"). JournalHome.com Rights are protected by U.S. and international intellectual property laws.
Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, JournalHome.com Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights.
JournalHome.com claims no ownership or control over any Content submitted, posted or displayed by you on or through JournalHome.com services.
You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through JournalHome.com services and you are responsible for protecting those rights, as appropriate.
By submitting, posting or displaying Content on or through JournalHome.com services which are intended to be available to the members of the public, you grant JournalHome.com a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on JournalHome.com services for the purpose of displaying and distributing JournalHome.com services.
JournalHome.com furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any materials on or through the JournalHome.com service under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using JournalHome.com service tools to do so.
For avoidance of doubt, JournalHome.com is not a party to any such public license between you and any third party.
Also, for avoidance of doubt, JournalHome.com may choose to exercise the rights granted under:
(a) the public license or licenses, if any, you apply to your materials or
(b) this Agreement.
7. No Resale of the Service.
Unless expressly authorized in writing by JournalHome.com, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes
(a) any portion of the Service,
(b) use of the Service, or
(c) access to the Service.
Any use of JournalHome.com's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "JournalHome.com" cannot be used, (Even partially), without the express written permission of JournalHome.com.
9. Representations and Warranties.
You represent and warrant that
(a) all of the information provided by you to JournalHome.com to participate in the Service is correct and current; and
(b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination; Suspension.
JournalHome.com may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account.
In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes.
You agree to hold harmless and indemnify JournalHome.com, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, JournalHome.com will provide you with written notice of such claim, suit or action.
12. Entire Agreement.
This Agreement constitutes the entire agreement between you and JournalHome.com and governs your use of the Service, superseding any prior agreements between you and JournalHome.com.
You also may be subject to additional terms and conditions that may apply when you use or purchase certain other JournalHome.com services, affiliate services, third-party content or third-party software.
13. Waiver and Severability of Terms.
The failure of JournalHome.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
14. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of JournalHome.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Choice of Law;
Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the United State of America, without giving effect to its conflict of laws provisions or your actual state or country of residence.
Any claims, legal proceeding or litigation arising in connection with the Service will be brought in the jurisdiction chosen by JournalHome.com, and you consent to the jurisdiction of such courts.
16. Copyright Information.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please report the entry, blog, (http://www.journalhome.com/report/) comment using the form provided.
JournalHome.com Content Policy
JournalHome.com is a free service for communication, self-expression and freedom of speech. We believe JournalHome.com increases the availability of information, encourages healthy debate, and makes possible new connections between people.
We respect our users' ownership of and responsibility for the content they choose to share. It is our belief that censoring this content is contrary to a service that bases itself on freedom of expression.
In order to uphold these values, we need to curb abuses that threaten our ability to provide this service and the freedom of expression it encourages. As a result, there are some boundaries on the type of content that can be hosted with JournalHome.com. The boundaries we've defined are those that both comply with legal requirements and that serve to enhance the service as a whole.
JournalHome.com may not be used for illegal purposes. Examples of this include using JournalHome.com for fraudulent purposes or operating a phishing site (used to obtain account and password information).
We will aggressively seek to remove spam from our site.
There are a variety of different ways in which spam manifests itself in blogs.
Generally, when we talk about spam we mean content that is created for the primary purpose of manipulating search engine results, or generating revenue or traffic through deceptive means.
The following are examples of the types of spam that are forbidden by the JournalHome.com Content Policy ("Content Policy"), but this is not an exhaustive list.
- comment spam: the manual or automated placement of comments on a post for the sole purpose of driving either traffic or Google PageRank to another site.(Note that JournalHome.com uses the rel="nofollow" attribute on links in comments to negate the effect of comment spam)
- referrer spamming: send fake referrer traffic (links) to a site for the purpose of driving traffic to a Blog*Spot-hosted blog
- cloaking: the programmatic hiding of content on a site for the purposes of having that content indexed by search engines without it being viewable
- automated content creation: the scripted creation of blog content for the purpose of generating revenue or manipulating search results
Identity Theft and Privacy. Blogs that misleadingly appropriate the identity of another person are not permitted.
Users may not post other people's personally identifying or confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver's and other license numbers. You may not post information such as other people's passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible on the Web.
Hate speech and other objectionable content may be reported for by our users.
But, because a given blog has received votes through this mechanism does not mean that any particular action will be taken. For example, blogs that are flagged because readers disagree with the political opinions expressed in a blog will not be acted upon.
Users should not publish any content that is unlawful, defamatory, and fraudulent.
Note that an allegation of defamatory expression, in and of itself, does not establish defamation.
The truth or falsehood of a bit of expression is a key element in establishing defamation, and we are not in a position to make that sort of fact-based judgment.
That said, if we have reason to believe that a particular statement is defamatory (a court order, for example), we will remove that statement.
Disruptions and Exploits.
We will terminate accounts and block addresses of those who attempt unauthorized use of both JournalHome.com.
This includes, (but is not limited to), XSS attempts
Using copyrighted material does not constitute infringement in all cases.
In general, however, users should be careful when using copyrighted content without the permission of those who created it.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").
If we remove a blog/post or disable access to a blog to comply with the DMCA, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to section 512(g)(2) and (3) of the DMCA.
It is our policy to document all notices of alleged infringement on which we act.
A copy of the notice, with any personally identifying information removed, will be sent to a third party who will make it available to the public.
We do not permit the hosting of sites that exist for the primary purpose of garnering commercial traffic through pornography.
Such sites tend to take up a disproportionate amount of resources.
In order to maintain a free and open service for the majority of our users, we choose to forbid commercial pornography.
Front page, global feeds.
Objectionable, unsafe material
From time to time we will update our own front page to display the latest, (public), user entry.
We will also update Atom/RSS feeds.
If we deem that a blog is objectionable in nature, (because language used or the intention of the blog is objectionable), we will not publish the blog on the front page.
If any material, (Avatar, pictures, music), is not appropriate we will also remove the blog.
What reserve the right to choose what is objectionable or not.
Your are welcome to continue updating your blog, it will just not make it to our front page.