SWCI Acceptable Use Policy

Terminology.

The following terminology is used in this document:

"SWCI" refers to the owners, operators, and administrators of Small Webcaster Community Initiative.
"SWCI Service" refers to all computer applications, servers, networks, and related infrastructure controlled by SWCI.
"SWCI Site" refers to the Websites located within the corresponding Internet domains, smallwebcaster.com, smallwebcaster.net, smallwebcaster.org, smallwebcasters.com, smallwebcasters.net, smallwebcasters.org, small-webcasters.com, small-webcasters.net, small-webcasters.org, small-webcaster.com, small-webcaster.net, small-webcaster.org, including related subdomains.
"SWCI Acceptable Use Policy" refers to this document located at http://www.smallwebcaster.com/policy.html .
"SWCI Users" refers to all end-users of the SWCI Service.

Acceptance of Policy.

By using the SWCI Service, SWCI Users agree to be bound by the terms and conditions set forth in this document. SWCI reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof.

Questions regarding these terms and conditions should be addressed to legal@smallwebcaster.org .

Restrictions of Use.

SWCI grants SWCI Users non-exclusive and limited right to use the SWCI Service for personal, recreational purposes only. SWCI Users are not receiving any ownership or proprietary right, title, or interest in the SWCI Service including, but not limited to, the copyrights, trademarks, patents, trade-secrets, and other intellectual property related thereto.

SWCI Users may not use the SWCI Service in such a fashion as to

defame, abuse, harass, threaten, or otherwise impose harm upon other SWCI Users;
infringe upon the privacy, copyrights, trademarks, patents, or trade-secrets of other SWCI Users;
restrict, impede, or inhibit other SWCI Users from accessing the SWCI Service;
statistically monitor or collect personal or account-related information about other SWCI Users;
bypass or circumvent authentication or account-tracking mechanisms used by the SWCI Service;
impersonate by any means the owners, operators, or administrators of the SWCI Service;
transmit viruses, trojan horses, or other potentially damaging material to or through the SWCI Service;
enable the high-volume dissemination of unsolicited commercial email to or through the SWCI Service;
disassemble, reverse engineer, decompile, modify or alter the SWCI Service;
prepare, design, develop, or publish derivative works based upon the SWCI Site; or
violate any applicable local, state, national, or international government laws, treaties, or regulations.

In addition, SWCI Users may neither operate any bot, botnet, or spider nor undertake any iterative technique, be the source localized or distributed, which could

impose an unreasonably large traffic load on the SWCI Service;
gain any type of commercial benefit from the SWCI Service;
disrupt or impair the security or integrity of the SWCI Service.

Grant of License.

By contributing any original creative works to SWCI for publication, SWCI Users thereby grant SWCI a worldwide, royalty-free license in such creative works for purposes of reproduction, adaptation, public performance, synchronization, and publication. This license shall terminate upon the removal of such creative works from the SWCI Site.

Furthermore, SWCI Users represent and warrant that the rights in such creative works are owned by or otherwise assigned to the same for the express purposes herein described.

Termination.

SWCI, in its sole discretion, reserves the right to limit, deny, or create different priorities to different SWCI Users. SWCI, in its sole discretion, reserves the right to modify, extend, or remove some or all of the functionality of the SWCI Service at any time and without prior notice.

Cost of Use.

SWCI may charge a membership fee for use of the SWCI Service, including but without limitation, initial setup, upgrades, and access to specific functionality of the SWCI Service. Any such fees will be posted for notification purposes on the SWCI Site.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SMALL WEBCASTER COMMUNITY INITIATIVE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Third-Party Websites.

The SWCI site may incorporate hyperlinks to third-party Websites. SWCI Users acknowledge that third-party Websites are neither controlled by nor endorsed by SWCI, and therefore use of such third-party Websites is beyond the scope of this Acceptable Use Policy. SWCI disclaims all liability arising from and relating to the availability of hyperlinks to third-party Websites.

Disclaimer.

THE SMALL WEBCASTER COMMUNITY INITIATIVE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. SMALL WEBCASTER COMMUNITY INITIATIVE MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SMALL WEBCASTER COMMUNITY INITIATIVE SERVICE. SMALL WEBCASTER COMMUNITY INITIATIVE MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE SMALL WEBCASTER COMMUNITY INITIATIVE SERVICE AND THE INFORMATION OBTAINED THEREIN MAY BE RELIED UPON FOR ANY PARTICULAR REASON OR PURPOSE. SMALL WEBCASTER COMMUNITY INITIATIVE MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT USE OF THE SMALL WEBCASTER COMMUNITY INITIATIVE SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE NOR THAT ANY DEFECTS CAN BE CORRECTED.

Indemnification.

SWCI Users agree to defend and hold harmless SWCI and its affiliates, its contractors, its agents, and its assigns from all claims and demands, including reasonable attorney's fees, made by any third-party arising from SWCI Users' activities with respect to or in connection with the SWCI Service.

Copyrights and Trademarks.

"Small Webcaster Community Initiative", "SWCI", "SmallWebcaster.org", "Small Webcaster Network", "Redefining Music Royalties for Small Webcasters", and "Long Live the DJ in You", including the associated logotypes, are trademarks or servicemarks of Small Webcaster Community Initiative.

All other trademarks or servicemarks used herein are property of their respective owners.

General.

Choice of Law and Forum.

This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the State of Illinois. SWCI Users irrevocably consent to the exclusive jurisdiction of and venue of the courts, whether they be state or federal, located within the State of Illinois in all claims or disputes arising from or relating to use of the SWCI Service.

Statute of Limitations.

SMALL WEBCASTER COMMUNITY INITIATIVE USERS AND SMALL WEBCASTER COMMUNITY INITIATIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO USE OF THE SMALL WEBCASTER COMMUNITY INITIATIVE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver and Severability.

The failure of SWCI to exercise or enforce any provision in this Acceptable Use Policy shall not constitute a waiver of such provision. If any article of this Acceptable Use policy is held to be invalid or unenforceable, that article shall be construed in a manner consistent with applicable law to best reflect the original intentions of both parties while the remaining articles shall endure their full effect.

Section Headings.

The section headings in this Acceptable Use Policy are for convenience only and have no legal or contractual effect.

Entire Agreement.

This Acceptable Use Policy constitutes the entire understanding between SWCI Users and SWCI with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations with reference to the subject matter herein that are not expressly referenced herein or superseded hereby.

Last Updated: 21-Jun-2007