BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
TSpace.net reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Your Use of the Site
You may not use any automatic mechanism to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information not purposely made available through the Site. TSpace.net reserves the right to bar any such activity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TSpace.net or others.
Content
No part of the Site may be reproduced for any commercial purpose without TSpace.net's prior written consent.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an TSpace.net ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify TSpace.net immediately of any unauthorized use of your account or password, or any other breach of security.
You may not use anyone else's TSpace.net ID, password or account at any time without the express permission and consent of the holder of that TSpace.net ID, password or account. TSpace.net cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Disclaimers
TSpace.net does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. TSpace.net cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. TSpace.net disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. TSpace.net disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any TSpace.net services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against TSpace.net for dissatisfaction with the site or any content is to stop using the site or any such content.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
TSpace.net reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will TSpace.net be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if TSpace.net has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold TSpace.net, its owners, employees, and affiliates, harmless from any demands, loss, liability, claims or expenses, made against TSpace.net by any third party due to or arising out of or in connection with your use of the Site.
You agree that TSpace.net may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.
You agree that TSpace.net may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between TSpace.net and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Updated by TSpace.net 4/27/2007