i360
 

Last Updated: January 21, 2009

Thank you for using e-Hive Inc., license from i360connect Inc. (hereafter to be referred to as "I360", "we" or "us")! I360 provides a software platform (the "I360 Platform") that enables you to create, join or browse Social Networks (as defined below) built on the I360 Platform. We also provide a set of services that will enhance your experience as a member of Social Networks on the I360 Platform.

These Terms of Service contain general terms that apply to you as a user of the I360 Platform, along with additional terms that may apply to you as a Network Creator (as defined below) if you decide to create your own Social Network. When using the I360 Platform, you will also be subject to the I360 Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on the I360 Platform, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference. Additionally, if you are developing networks, products or services using I360's application programming interfaces ("APIs"), or have otherwise signed up for a developer account (thereby becoming a "Third Party Application Developer"), you will also be subject to the I360 Application Developer terms If you are adding third party widgets and applications ("Third Party Applications") or adding custom code not provided by or endorsed by I360 ("Non-I360 Code") to your Social Networks or adding applications that may be developed or contributed by I360 ("I360 Applications") to either your Social Network or a third party web site, you will also be subject to the I360 Application Terms. The I360 Application Developer Terms and I360 Applications Terms are hereby incorporated by reference. We strongly recommend that, as you read these Terms of Service, you also access and read the linked information.

These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of the I360 Platform and is a legal contract between you and I360.

By registering with us or using or browsing the I360 Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the I360 Platform at any time.

The I360 Platform is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the I360 Platform. Any person who provides their personal information through the I360 Platform represents to us that they are 13 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Social Network on the I360 Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

Quick Reference:

1. Definitions

"Content" means (i) any work of authorship in a Social Network, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Social Network or the I360 Platform. "Your Content" is any Content that you submit to a Social Network or the I360 Platform, either as a I360 Member, Network Member or Network Creator (all as defined below). If you are a Network Creator, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Network Members of Your Network(s) make available). Content does not include Network Code or Platform Code.

"Embeddable Widget" means any embeddable application provided and hosted by I360 that allows for the viewing or playing of audio, photos, video, text and other material on third party websites or services, including the I360 Network Badge, I360 Member Badge, Photo Slideshow and I360 Videos.

"Members" means both Network Members and I360 Members.

"Networks" or "Social Networks" consist of Network Code and other Content and are web applications running on top of the I360 Platform. Social Networks are created by Network Creators and are provided for Network Members of that Social Network to interact and connect with other Network Members. Social Network features may include Network Member profiles, friends, invitations, discussion forums, photo sharing, video sharing, music and podcast sharing, events, latest activity streams, RSS feeds, pages, ratings, reviews, and recommendations, among others. If you are a Network Creator, "Your Network" is a Social Network created and operated by you on the I360 Platform.

"Network Code" means the software code (i.e., HTML, Javascript, or PHP code) used to provide the functionality for a Social Network that is interpreted by the Platform Code (as defined below). Network Code consists of I360 proprietary code, Third Party Software (as defined below), and may also consist of Your Code (as defined below), as applicable, but expressly excludes Platform Code.

"Network Creator" is a I360 Member who creates and operates one or more Social Networks on the I360 Platform. A Network Creator is by definition a Network Member of each of his or her Networks.

"Network Members" are I360 Members who have also registered with a particular Social Network on the I360 Platform using their I360 ID. "Your Network Members" are Network Members who have registered with Your Network.

"Network Member Data" means data provided by or collected from a Network Member by a Network Creator for a particular Social Network, such as profile data, including certain items of registration information (e.g. email addresses), answers to Social Network profile questions, forum posts, and statistical information about Content contributed. Network Member Data does not include the I360 ID or any I360 Member Data.

"I360 ID" is an account you create with I360 which includes a name, username, email address, and password. When you register as a Network Member on one or more Social Networks on the I360 Platform, you use the email address and password portion of your I360 ID to authenticate with each such Social Network. Additionally, each Social Network of which you become a Network Member will have access to your date of birth, email address and name as stored in your I360 ID and this information will be pre-populated into both Your I360 Profile (as defined below) and Your My Profile (as defined below) upon sign-up.

"I360 Members" are Users who complete a registration process with I360 and obtain a I360 ID. I360 Members may also (but are not required to) become Network Members.

"I360 Member Data" is data collected from Users by I360, including the data collected for the I360 ID and any data provided in Your I360 Profile (as defined below). I360 Member Data does not include Network Member Data.

"I360 Member Services" are the services provided by I360 to Network Members. I360 Member Services include, but aren't limited to: Network Member registration, Network Member sign in and authentication, a message center, friends, contact management (including the ability to import contacts from third-party email services), and a set of Network membership management services, including a listing of the Social Networks to which a particular Network Member belongs and management of friends across those Social Networks. I360 Member Services do not include any services that Network Creators provide to their Network Members.

"I360 Network Creator Services" are the services I360 provides to Network Creators. I360 Network Creator Services include, but aren't limited to: a Network Creator's own Social Network application; Network Member registration and authentication services; Network Member account management; Social Network management and security applications; internal and external APIs; Javascript-compatible APIs; a semi-structured content store; and Social Network display, management, and search services. Certain basic I360 Network Creator Services are provided free of charge when you create a Social Network on the I360 Platform.

"I360 Profile" means information that, if you are a I360 Member, you have provided to I360 that is aggregated by I360 into a master profile. Your I360 Profile is separate from any profile that you create on a particular Social Network ("My Profile") and enables you to keep track of friends and messages across all Social Networks. "Your I360 Profile" is a I360 Profile created by you on the I360 Platform.

"I360 Technology" means the past, present and future content of the I360 Platform, including all software in any format (including the Platform Code and Network Code), Embeddable Widgets, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the I360 Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the I360 Platform and the I360 Platform itself, including, the selection, sequence, and "look and feel" and arrangement of items on the I360 Platform, and all I360 Marks (as defined below), domain names, patents, and other intellectual property. I360 Technology does not include Your Content or Your Code.

"Platform Code" means the proprietary portion of the I360 Platform that is used to interpret the Network Code and other services available on the I360 Platform.

"Premium Services" are services provided by I360 to Network Creators for a fee.

"Third Party Software" means software that is licensed to you by third parties, including software that is subject to so-called "open source" licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including the GNU General Public License.

"Users" are all end users of the I360 Platform, and include you, any unregistered users, all I360 Members, all Network Members, all Network Creators and all Third Party Application Developers.

"Your Code" means any script, code, or other computer software uploaded by you to the I360 Platform.

2. Benefits of Creating Your Own Social Network

The I360 Platform is designed to give Network Creators and Network Members the freedom to create and control their own Social Networks. Creating Social Networks on the I360 Platform is FREE for the first 100 Network Members. Additional fees are detailed in section 3. A Social Network initially comes with 10GB of storage and 250GB of bandwidth; although such storage and bandwidth limits may be changed from time to time. Subject to this Agreement, as a Network Creator, you control your Social Network and own all of Your Code and Your Content. I360 does not claim any ownership rights in Your Code or any of Your Content. There are two types of data provided by or collected from Network Members – Network Member Data and I360 Member Data. Network Creators and their designated administrators have access to both the Network Member Data uploaded or collected on their Social Network(s) and the I360 Member Data.

3. Usage fees And Premium Services and Payment

Usage Fees

At this time there are two primary ways that we support the I360 Platform: through Network Creator Usage fees and Premium Consulting Services. There is no advertising on your private Social Network at this time.

Fees are calculated based on the combined Network Fees Plus Premium Member Fees.

Network Creator Usage Fees

There is a $2 Activation Fee to create and launch a new social network.

Basic Network Fees (Monthly)

Tier 1 Networks are defined as a Social Network with Zero (0) to One hundred (100) network members. This account is FREE.

Tier 2 Networks are defined as Social Networks with one hundred and one (101) to Five hundred (500) Network Members. There is a cost of $29.95 per month.

An additional $29.95 will be added for each additional tier per 500 members. For example: an account with 3,001 Network Members would pay $209.65 per month ($29.95 X 7) as 3001 divided by 500 equals 7 lot’s of 500.

Tier 3 Networks are defined as Social Networks with at least 10,000 Network Members. Pricing will be $599 plus $199 per 10,000 users (or part there of).

Tier 4 Networks are defined as Social Networks with at least 100,000 Network Members. Pricing will be $2390 plus $99 per 10,000 users (or part there of).

Premium Member Fees (Monthly)

On the I360 Platform Network Creators have the option of creating a PREMIUM Member fee structure to access varying degrees of Premium Content. Network Member may pay an additional one time or recurring fee for a product, service, donation, etc..as defined by the Network Creator.

The Platform usage fee payable to I360 by the Network Creator for use of this feature will be 10% of the actual fee paid to the Network Creator by the Network Member up to a maximum of $2/per month, whichever is lower.

For Example if Network Creator has 403 members paying $5 per month for access to specialized content the Network Creator would pay $201.50 to i360 ($0.50 X 403). If Network Members were paying $39.95 per month for specialized content Network Creator would pay a maximum of $2/per member.

Network Consulting Fees.

All Tier 1 and 2 Networks as defined in above paragraph have access to tier 1 customer support via the website knowledgebase and email support. Tier 1 customer support is defined as support necessary to activate and populate a new Social Network. All Network Creators will be automatically enrolled in the i360 social network support group on the i360 Social Network.

As a Network Creator, you can purchase one or more Premium Consulting Services from us as they are available. The categories and prices of our Premium Services are described here and are subject to change from time to time ("Premium Services Policies"). I360 may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when I360 posts the temporary promotional event or new service on the I360 Platform. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the I360 Platform. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Payment Generally

You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize I360 to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with I360. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Today, we only offer recurring payments. You agree that I360 may automatically charge the fee to your Payment Method at the begini360 of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.

You acknowledge and agree that any credit card and related billing and payment information that you provide to I360 may be shared by I360 with companies who work on I360's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to I360 and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay I360 all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) I360 may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) I360 reserves the right to either suspend or terminate your Premium Services or your account with I360, including deletion of your Social Network from the I360 Platform.

Except as may be set forth in applicable Premium Service Policies or Section 27 (Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to I360 within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of I360.

Taxes

You are responsible for paying any governmental taxes imposed on your use of the I360 Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to I360 the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that I360 is obligated to collect such taxes, the applicable tax will be added to your billing account.

4. Your Content and Licenses to Your Content

I360 does not claim any ownership rights in Your Content, data or Member Information. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Social Network needs to comply with the terms of this Agreement. At any point, you can take Your Content from Your Network and cancel your account and I360 does not retain any license rights except as provided below.

You hereby give I360 permission to remove your Content if your Content in response to any valid DMCA (as defined below) take-down notice or because such Content contains illegal images. In this instance, I360 shall have the right to use, reproduce and exploit Your Content in any manner without restriction, in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of I360, any individual, or the general public.

You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, I360 does not guarantee any confidentiality or privacy with respect to any of Your Content. You agree not to include any advertising in any of Your Content unless you purchase the Premium Service to run your own advertising on Your Network.

Additionally, you understand and agree that Your Content that is displayed on the I360 Platform may continue to appear on the I360 Platform, even after you have terminated your I360 Member or Network Member account or terminated these Terms of Service, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.

In addition to the rights, licenses and privileges referred to above, you agree that I360, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the I360 Platform, and any products, goods, features, capabilities and/or services associated with the I360 Platform.

As a Network Creator or Network Member you acknowledge that I360 and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Network or the I360 Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If a Network is removed from the I360 Platform, the Content associated with that Network may also be deleted at the discretion of the Network Creator or I360. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Network. You should be aware that I360 is not required and may not keep back-up copies of Content (including Your Content) on the I360 Platform once the Network or Content is deleted. Additionally, I360 makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the I360 Platform and you should independently back-up Your Content.

5. Licenses From I360

License to I360 Platform

During and subject to the terms and conditions of this Agreement, I360 hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the I360 Platform solely to enable your use of the I360 Member Services and I360 Network Creator Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.

You agree that, as between you and I360, all the intellectual property rights in the I360 Platform, which does not include Your Content or Your Code, are owned by I360 or its licensors.

License to Embeddable Widgets

During and subject to the terms and conditions of this Agreement, I360 hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to incorporate Embeddable Widgets into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement or removal of Your Social Network from the I360 Platform by I360 or you and you agree to immediately stop using such Embeddable Widget.

License Restrictions

Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

  • Run, rent, lease, loan, or sell access to the I360 Platform or the I360 Technology.
  • Decompile or reverse engineer or attempt to access the source code of the software underlying the I360 Platform or I360 Technology.
  • Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any I360 Technology.
  • Access the I360 Platform to build a product using similar ideas, features, functions, interface or graphics of the I360 Platform.
  • Access (or attempt to access) any service on the I360 Platform by any means other than as permitted in these Terms of Service.
  • Circumvent, disable or otherwise interfere with security related features of the Embeddable Widget or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Embeddable Widget or the Content and Third Party Content therein.
  • Access the I360 Platform to upload Your Code or Your Content to cause a breach of security to the I360 Platform or any Social Network or interfere with the proper working of the I360 Platform or prevent others from using the I360 Platform.
  • Delete the copyright and other proprietary rights notices on the I360 Platform or Embeddable Widgets.

6. Independent Development; Feedback

You agree that I360 may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing I360 from creating or fully exploiting such software, content and other items, without any obligation to you.

You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Network or the I360 Platform (including the Network Code and Platform Code), including, on the I360 blog, Network Creators Forum or on the I360 Open Social Directory ("Feedback"). If you elect to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant I360 a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use and otherwise exploit Feedback.

7. I360 Trademarks and Legal Notices

I360 trademarks, logos, images, service marks, trade names and other distinctive branding features used on the I360 Platform "I360 Marks" are the trademarks of I360 and may not be used without permission. I360 is not granting you a license under any intellectual property right to the I360 Marks. Other trademarks, logos, and trade names that may appear on the I360 Platform are the property of their respective owners.

If you are a Network Creator, I360 reserves the right to include within Your Network applicable I360 copyright and trademark notices for the I360 Platform and links to the I360 Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by I360.

8. I360 Ownership Rights

You agree that, as between you and I360, I360 owns all right, title and interest, including, all intellectual property rights, in and to the I360 Technology. Additionally, there are two types of data provided by or collected from Network Members – Network Member Data and I360 Member Data. If you are a Network Creator or an administrator designated by a Network Creator ("Administrator"), you agree that, as between I360 and you, I360 owns all right, title and interest, including, all intellectual property rights, in and to the I360 Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to I360. You agree to abide by all copyright notices, information, or restrictions contained in any part of the I360 Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the I360 Platform, including notices on any I360 Technology you download, transmit, display, print or reproduce from or using the I360 Platform.

9. Support and Interaction for Network Creators

If you are a Network Creator, I360 provides documentation to assist you in creating and enhancing Your Network(s). You are responsible for implementing and maintaining all support for Your Network(s), including answering questions from Your Network Members. This includes, if you've customized the Network Code yourself (only as authorized by I360), fixing bugs that Network Members might find and tell you about.

10. Advertising and Promotion for Network Creators

On free Social Networks, we have the exclusive right to sell, run and/or serve third-party advertising on your Social Network. If you are a Network Creator, you agree not to include any advertising for anything other than Your Network, including ads served via an ad-server service like Google AdSense, in any Network, any of Your Code, or Content you provide on I360. If you pay the Premium Service fees to run your own ads, however, you may include third-party advertisements or sponsorships on Your Network. If you run your own ads, I360 will have the option, which we may exercise on notice to you, to offer and display, in partnership with you, all or some of such advertisements on Your Network. I360 may establish general policies and guidelines surrounding the runi360 of your own ads ("Advertising Policies"). Any such Advertising Policies are part of this Agreement and are subject to change from time to time.

YOU AGREE THAT I360 WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR NETWORK.

If you are a Network Creator, I360 reserves the right to include promotional links on Your Network(s) at no cost to I360, unless you pay the applicable Premium Service fees to remove promotional links. Removal of promotional links does not include removal of required I360 legal notices and links to I360 Terms of Service, Privacy Policy and Guidelines or any statement indicating that I360 uses I360 ID for authentication upon sign in by Your Network Members.

11. Third Party Content and Hyperlinks to Third Party Sites

Content from other Members or advertisers, including, information about third party products and services and any Third Party Applications, is made available to you through Networks ("Third Party Content") on the I360 Platform. The inclusion of Third Party Content on the I360 Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and I360 has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, I360 or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Social Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determii360 whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the I360 Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the I360 Platform at your own risk.

Additionally, I360 or third parties may provide hyperlinks on Networks, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the I360 Platform and the inclusion of any link on a Network does not imply I360's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. I360 expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the I360 Platform. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

12. Representations and Warranties.

You hereby represent and warrant to I360 that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the I360 Platform including your promotional or other activities off the I360 Platform that relate to Your Network; (b) you have the right to grant to I360 the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code and Your Content; (c) Your Code and Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content or Your Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the I360 Platform, or intercept or expropriate any system data or personal information from the I360 Platform.

13. Acceptable Use and Conduct

You are solely responsible for your conduct, Your Networks, Your Code, and Your Content on the I360 Platform. We want to keep the Social Networks on I360 safe and fun for everyone and the use of the I360 Platform for unlawful or harmful activities is not allowed. In defii360 "safe and fun," you specifically agree that:

You will not post, email or make available any Content to Users or use the I360 Platform:

  • In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
  • in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the I360 Platform in connection with Your Network;
  • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaii360 financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • in a manner that is libelous or defamatory, or in a way that is otherwise threatei360, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
  • in a manner that is harmful to minors in any way;
  • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by I360;
  • to impersonate a I360 employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Network or the I360 Platform without authorization
  • to interfere or attempt to interfere with the proper working of the I360 Platform or prevent others from using the I360 Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the I360 Platform, or that otherwise negatively affects other persons' ability to use the I360 Platform;
  • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Network Creator's account or to monitor or copy the I360 Platform (including the Network Code or Platform Code) or the content contained therein;
  • to facilitate the unlawful distribution of copyrighted content;
  • in a manner that includes personal or identifying information about another person without that person's explicit consent;
  • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the I360 Platform or to Users; and
  • in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

  • "Stalk" or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the I360 Platform, including I360 ID passwords from a Network Creator, or to proxy authentication credentials for any Member of the I360 Platform for the purposes of automating logins to the I360 Platform;
  • Use any profanity or the description or name of any illegal activity in the name of Your Network or the Network Subdomain (as defined below) for Your Network;
  • Use the name "I360" as any part of the name of Your Network or the Network Subdomain for Your Network;
  • Post any Content contaii360 child pornography to any Social Network. I360 absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any I360 Member Data, to law enforcement, including the National Center for Missing and Exploited Children;
  • Post any Content that I360 determines in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  • Post any Content that I360 determines constitutes pornography or is adult in nature. I360’s current policy on what is considered adult is located here and is subject to change.
  • Use automated means, including spiders, robots, crawlers, data mii360 tools, or the like to download data from Social Networks and the I360 Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
  • Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on I360's infrastructure;
  • Attempt to gain unauthorized access to I360's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the I360 Platform;
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the I360 Platform or for using it for purposes unrelated to I360); and
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the I360 Platform.

You agree not to authorize or encourage any third party to use the I360 Platform or any of your Networks (and Your Networks will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify I360 in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

14. I360 Platform Policies

I360 may establish general polices and limits conceri360 use of the I360 Platform ("I360 Platform Policies"), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or Your Network(s), the maximum number of times and duration for which you may access the I360 Platform or Networks in a given period of time, the maximum bandwidth used by Your Network(s) or Content, and the maximum CPU power used by Your Networks or Content. The current I360 Platform Policies are part of this Agreement.

15. I360's Relationship with Users

You acknowledge that I360 may terminate your account (which is separate from a Network Creator's right to terminate your account), and remove your I360 ID, Content and Network Member Data, as well as disable your access to any and all Social Networks and the I360 Platform, in accordance with the terms of this Agreement. If you are a Network Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any Network Creator or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or I360's Privacy Policy.

16. Copyright Infringement/Digital Millennium Copyright Act Compliance

It is I360's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please go to I360's DMCA Notification Guidelines. I360 may remove any allegedly infringing Network Code or Content without any liability to you.

I360 will promptly terminate without notice any Member's (including, for clarity, Network Member's or Network Creator's) access to the I360 Platform, including access to any Social Network, in appropriate circumstances where the Member is a "repeat infringer" of copyrights. Generally, I360 will consider a Member a repeat infringer if it has received more than two third-party notices of alleged infringement conceri360 Content or Network Code posted by that Member anywhere on the I360 Platform. I360, however, reserves the right to identify and terminate Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Member. Additionally, if a Network Creator continues to allow its Network Member's to post Content that is subject to notices of alleged copyright infringement, the Network may (at I360's sole discretion) be disabled.

Additionally, if you are a Network Creator, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner's written notice (including any notices forwarded to you by I360) that specified Content or Network Code posted on Your Network infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable Member that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content or Network Code, you agree to replace or cease disabling access to the Content or Network Code not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaii360 party has not notified you that it has filed an action against the Member regarding the alleged infringement. You also agree to forward a copy of the counter notice to I360. I360 strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. I360 is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Network.

17. Network Member Data

Through our I360 Member Services, I360 collects I360 Member Data from Your Network Members and general information about a User's use of Your Network(s). If you are a Network Creator or Administrator, you agree that your access to this I360 Member Data (including the email addresses provided by Network Members during the I360 ID registration process ) as part of the management controls of Your Network(s) is subject to the I360 Privacy Policy. In addition, subject to this Agreement, you may collect Network Member Data from Your Social Network Members; if you do so, you hereby agree that such Network Member Data shall not be used in a manner inconsistent with, or that causes I360 to violate I360's Privacy Policy.

Member privacy is important to us. Therefore, if you are a Network Creator or an Administrator, you hereby agree that your use and disclosure of Network Member Data and any I360 Member Data shall: (a) comply with all Guidelines; and (b) be reasonably protective of each Network Member's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of I360 Member Data or Network Member Data that are less stringent than the standards set forth in the I360 Privacy Policy.

You must clearly communicate on Your Network that Your Network uses I360 ID authentication (including, on each page on Your Network on which information is collected for purposes of I360 ID authentication) and that each of Your Network Members will be sharing the data they provide to you with I360. This is for clarity and to ensure Your Network Members are aware of this relationship.

Subject to this Agreement and each Network Member's rights, all Network Member Data shall be the property of the applicable Network Creators. That being said, I360 needs to run Your Network on the I360 Platform. To this end, as a Network Creator, you hereby grant I360 a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicenseable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, create derivative works of, distribute, publicly perform and display the Network Member Data on or through the I360 Platform and in all current and future media in which the I360 Platform may be distributed; (ii) use and disclose the Network Member Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the I360 Platform; and (iii) use Network Member Data for other purposes permitted by the I360 Privacy Policy.

You acknowledge that I360 may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Network. Accordingly, you agree that, within 24 hours of any email request by I360, you will: (a) delete all Network Member Data and other personally identifiable information in your possession or control relating to a particular User as specified by I360; and (b) confirm such deletion in email notice to I360.

I360 is not required to keep back-up copies of Network Member Data on the I360 Platform once the Network or Network Member Data is deleted. I360 makes no guarantee that Network Member Data will be safely stored on the I360 Platform. To be safe, you should independently back-up Network Member Data.

18. Your Social Network

We want to give you as a Network Creator as much freedom to create and control the Social Networks you build on the I360 Platform as possible. You may have your own agreement(s) or policies between you and each of Your Network Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy and provided that you allow I360 to display the I360 Terms of Service, Privacy Policy and any Guidelines on your Social Network.

To enable a great experience for all Users on the I360 Platform, if you are a Network Creator, you agree to ensure each Social Network you create or manage does not degrade the performance of the I360 Platform. If your Social Network(s) exceed the quotas and limitations set by I360 (e.g., storage or bandwidth) as set forth in the I360 Platform Policies or otherwise degrades performance of the I360 Platform or other services in any way, we may suspend your Social Network(s) at our sole discretion and without notice.

You agree not to harvest any email addresses from Networks or the I360 Platform for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement.

You also agree not to knowingly collect any information from, or develop any Networks that are targeted at children under the age of 13.

You acknowledge that I360 may terminate the account of any Member (including Your Social Network Members) in accordance with these Terms of Service.

Your Network shall not be designed or implemented in a way that, as determined by I360 in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with I360 when interacting with Your Network, or (ii) any of Your Network was created by or are endorsed by I360. Because we want you to have as much freedom over your Network as possible, I360 takes no responsibility for any Content located in Your Network and I360 has no obligation to monitor such Content or Your Network.

You acknowledge that I360 also reserves the right to remove, preserve, and disclose any information or Content on any Social Network (including I360 ID and Network Member Data) or account it deems necessary or appropriate 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, (e) protect the rights, property, or safety of I360, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

19. Your Account

You need to register and create a I360 ID in order to become a I360 Member, Network Member or Network Creator on the I360 Platform. You are responsible for keeping your I360 ID password secure. I360 IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your I360 ID. I360 reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.

When you create Your Network, I360 gives you the flexibility to choose your own subdomain for Your Network (e.g.," developer" in the example: http://developer.i360.com) ("Network Subdomain"). You will be solely responsible and liable for any activity that occurs under Your Network's Subdomain. I360 maintains ownership of your Network Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Network Subdomain on the I360 Platform.

You may not use anyone else's account, I360 ID or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. I360 will not be liable for any loss that you may incur as a result of someone else using your I360 ID, Network Subdomain, or password, either with or without your knowledge. However, you may be held liable for losses incurred by I360 or another party due to someone else using your I360 ID, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

20. Disclaimer of Warranties

While i360 strives to maintain the highest level of service, reliability, uptime and performance, YOUR USE OF THE I360 PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-I360 CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE I360 PLATFORM AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-I360 CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. I360 AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. I360 AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE I360 PLATFORM, OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-I360 CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE I360 PLATFORM OR THE SERVER THAT MAKES THE I360 PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I360 MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE I360 PLATFORM OR YOUR NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON-I360 CODE WITH ANY I360 TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE I360 PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM I360 OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE I360 PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

21. Indemnity

You agree to indemnify, defend, and hold harmless I360, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

  • Your Code, Your Content or Your Network;
  • Your use of any Non-I360 Code or Third Party Applications;
  • Your use or misuse of, or connection to, the I360 Platform;
  • Your breach or alleged breach of this Agreement;
  • Your violation of any rights (including intellectual property rights) of a third party;
  • Your use or misuse of any User data (including I360 Member Data and Network Member Data), including, in violation of the I360 Privacy Policy and
  • Your breach or alleged breach of any agreement or policy between you and other Users.

I360 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of I360. I360 will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

22. Your Interactions with Other Users

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions