Sun provides this List for the convenience of its customers and partners. In subscribing to this List, you agree to be bound by these Terms of Use. Sun reserves the right to change the Terms of Use at any time and from time to time. Your continued use of a List after a change constitutes agreement to the revised Terms of Use.

1. YOUR CONDUCT

1.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not Sun, are entirely responsible for all Content that You upload, post or otherwise transmit via the List. Sun does not monitor, supervise, or control the Content posted via the List and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the List, You may be exposed to Content that is offensive, indecent or Objectionable.

1.2 Although it is not our intent to monitor Your online communications, Sun reserves the right to edit or remove Content that we become aware of and determine to be harmful, offensive or otherwise in violation of these Terms of Use. Sun may also remove Content that is not related to the List's purpose, contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. Violation of these restrictions ("Restrictions") may also result in the termination or suspension of your subscription to the List. These Restrictions apply to all Content provided to or through the List.

1.3 You agree not to post any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable ("Objectionable").

1.4 You agree not to use the List in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to use any Sun domain name as a pseudonymous return email address for any communications that You transmit from another location or through another service; and You may not impersonate any person or entity, or otherwise misrepresent Your affiliation with any person or entity when using the List. Furthermore, You agree not to transmit unsolicited or bulk communications to any List member.

1.5 You agree that Sun would be irreparably harmed by the use, by You or others, of the List in connection with the transmission of spam postings or unsolicited email in violation of these Terms of Use, and that Sun is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Sun reserves the right to block, filter or delete unsolicited email.

1.6 You agree not to use the List for any unlawful activities not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm. Additionally, You agree not to:

(a) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the List;

(b) post any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(c) post any material 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;

(d) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; or

(e) collect or store personal data about other List members.

2. CONTENT SUBMITTED TO THE LIST

2.1 Sun does not claim ownership of the Content You post to the List. By posting Content on the List, You grant, or warrant that the copyright owner has expressly granted, Sun a worldwide, royalty-free, fully sublicensable nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the Content (including in digital form).

2.2 You acknowledge that Sun does not pre-screen Content, but that Sun and its designees have the right (but not the obligation) in their sole discretion to remove any Content posted to the List. Without limiting the foregoing, Sun and its designees may disable, restrict access to or the availability of, any Content that violates the Terms of Use or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

2.3 Unless otherwise explicitly stated, herein, or in Sun's Privacy Policy, any Content provided by You in connection with this List shall be deemed to be provided on a nonproprietary and nonconfidential basis. Sun shall have no obligation of any kind with respect to such Content and shall be free to use or disseminate such Content on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Content that You submit, and You, not Sun, have full responsibility for the Content, including their legality, reliability, appropriateness, originality and copyright.

2.4 Sun is committed to respecting others' intellectual property rights, and we ask our users to do the same. It is your responsibility to obtain any permission needed to post any Content to the List. Sun may, in its sole discretion, terminate the subscriptions rights of List members who are repeat infringers of others' intellectual property rights, or upon any single infringement of the intellectual property rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringement on the List, please contact our copyright agent as described in our copyright policy.

3. INDEMNITY

You agree to indemnify and hold Sun, and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of the List, Your violation of the Terms, or Your violation of any rights of another.

4. NOTICES; MODIFICATION AND TERMINATION OF SERVICES

Sun may send notices to You via either email or regular mail. Sun reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the List with or without notice. Sun, in its sole discretion, may terminate Your subscription and remove and discard any Content posted by You, for any reason, including, without limitation, if Sun believes that You have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any termination of Your subscription under any provision of the Terms of Use may be effected without prior notice. Further, Sun will not be liable to You or any third-party for any termination, modification, or suspension of the List.

5. DISCLAIMER OF WARRANTIES

5.1 YOUR USE OF THE LIST IS AT YOUR SOLE RISK. THE LIST IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUN DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SUN MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT POSTED TO THE LIST. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL SUN OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF CONTENT POSTED TO THE LIST. SUN DOES NOT WARRANT THE ACCURACY, RELIABILITY, INTEGRITY, OR QUALITY OF ANY CONTENT, PRODUCTS OR SERVICES YOU FIND ON OR THROUGH THE LIST.

5.2 NOT LIMITING THE FOREGOING, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

5.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUN WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. SUN'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

6. LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUN SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN ANY POSTING OR FOR ANY LOSS OR ANY DIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED AS A RESULT OF USING A LIST OR ANY INFORMATION, CODES, PRODUCTS, OR SERVICES FOUND ON OR THROUGH A LIST OR RESULTING FROM ALTERATION OR DELETION OF ANY MESSAGE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL INFORMATION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California applicable to agreements entered into, and to be performed entirely within, California between California residents. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California. The waiver by Sun of any breach of these Terms of Use will not constitute a waiver of any other or subsequent breach. If any provision of these Terms of Use is held void, invalid or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions will remain in full force and effect.

This page is: http://www.experimentalstuff.com/mailinglist_terms.html Last Modified: Thu, 13 Jun 2002 18:57:31 GMT copyright (c) 2000-2009, Sun Microsystems