Terms of Use
For the purpose of SoIL-Online’s Advertising Policy, Privacy Policy and these Terms of Use, “SoIL-Online’s (our) services” and “SoIL-Online’s (our) sites” refers to and/or embodies SoIL-Online and its affiliates, partnerships, parent and subsidiary sites, subdomains, parked and third-level domains, owner(s), and individuals employed or contracted by SoIL-Online or its owner(s) for the express purpose of conducting business as a community service provider, unless indicated otherwise. These Terms of Use will enure to the benefit of SoIL-Online's licensees, successors and assigns.
You (the User) hereby acknowledge your understanding of, and agree to abide by every guideline, policy, term and provision set forth in, SoIL-Online’s Advertising Policy, Privacy Policy and these Terms of Use. Furthermore, you agree and understand that SoIL-Online has the right to change or revise our Advertising Policy, Privacy Policy and Terms of Use from time to time without the notification or approval of any other party, and that it is your responsibility as a User of our services to make note of any changes or revisions.
You hereby agree and understand that (1) SoIL-Online's services are provided on an “as is, as available” basis; (2) some areas of SoIL-Online may not be accessible to you due to criteria beyond our control such as your browser type or operating system type; (3) you must be at least 18 years of age to enter your name and other personal information into any SoIL-Online form, register or maintain an account with SoIL-Online, access any part of our Web site that requires a registration or an account, or utilize any of the personalized services available to SoIL-Online’s Users; (4) you are using SoIL-Online’s services at your own discretion and risk; (5) you are acquiring any information or other material downloaded or otherwise obtained through the use of SoIL–Online’s services at your own discretion and risk; (6) you are allowed to maintain one, and only one, identity while using SoIL-Online’s services; (7) you are solely responsible for the content of any material or message that you transmit, as well as the consequences of any such material or message, while using SoIL-Online’s services; (8) you are solely responsible for any and all use of your account, whether or not you explicitly authorize that use; (9) it is your responsibility to make sure that you adhere to and comply with all applicable local, state, national and international laws and/or regulations, as well as the community standards upheld on our sites, while using SoIL-Online’s services; (10) you are solely responsible for any damage to your computer system or any loss of information or other material that you incur from downloading information or other material through the use of SoIL-Online’s services; and (11) SoIL-Online neither accepts nor assumes any liability or responsibility for the alteration, deletion, loss, misdelivery or timeliness of, the failure to store, or unauthorized access to any User’s communications, personalization settings or other information, or for serving any User a personalized service that was created by and for another User.
You hereby acknowledge and agree that SoIL-Online has the right to (1) terminate your account if we learn that you have furnished us inaccurate or deceptive registration information, interfered with the administration of or with other Users’ benefiting from SoIL-Online's services, or violated these Terms of Use in any way; (2) change, limit or discontinue our services or your account with us, with or without notice and without liability to you, any other User, or any third party; or (3) block your access to SoIL-Online without prior notice by any means necessary.
SoIL-Online's Privacy Policy allows us to disclose some of the information contained in your registration application and your User profile to third parties, and you hereby give your consent for SoIL-Online to access any and all information related to your use of our services on a case-by-case basis for the purpose of investigating possible violations of these Terms of Use. SoIL-Online will not reveal your name, address, email address or phone number(s) without your prior written consent, nor will we reveal any information related to or resulting from such an investigation, except (1) as required by law; (2) to report suspected illegal activity; (3) to enforce these Terms of Use; or (4) when we believe in good faith that disclosing that information is necessary in order to protect the property, rights or safety of any person or entity. You hereby agree to report any suspected illegal activity or abuse of our services to abuse@soil-online.com. Please refer to SoIL-Online’s Privacy Policy for a detailed account of the personal and other information that we may collect, store and use.
You hereby agree that, while using SoIL-Online’s services, you will not (1) collect information about other Users without their consent; (2) solicit other Users by any means other than legitimate advertising; (3) act as a paid posting agent or as part of a paid posting service by submitting advertising on behalf of others; (4) conduct or forward chain letters, commercial solicitations, contests, junk mail, multi-level marketing, pyramid schemes, “phishing,” “spamming,” or “scalping;” (5) download files posted by another User if you know, or should know to a reasonable degree, that such files can not legally be transferred in such a manner; (6) upload files that include any information, software or other material that is protected by intellectual property laws, or by rights of privacy or publicity, unless you either own or control the rights thereto or have acquired the needed consent from whomever owns or controls those rights; (7) upload files that are corrupted, contain a virus, or include any other program or software that could damage or obstruct the operation of other Users’ computers; (8) pretend to be another person or entity, or misrepresent your affiliation with any person or entity; (9) transmit any material or message that is inappropriate, unlawful, abusive, harmful, defamatory, harassing, slanderous, threatening, obscene, vulgar or otherwise distasteful or offensive in any way, or that encourages conduct that could constitute criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international laws and/or regulations or the community standards upheld on our sites; or (10) otherwise infringe upon the legal rights of any person or entity or engage in illegal activity of any kind. You further agree that you will not copy, distribute, modify, reproduce or transfer any information or other material obtained from our sites or otherwise violate our proprietary or property rights in any way.
You hereby agree to indemnify SoIL-Online and its owner(s), officers, directors, employees, affiliates, agents and consultants for, and to defend and hold them harmless from, any and all claims, causes of action, liability, loss, damages, and/or costs (including, but not limited to, legal fees and expenses) resulting from or related to (1) your use of our services; (2) any dispute that you may have with SoIL-Online and/or one or more Users of our services; (3) your infringement or the infringement by any other User of your account upon the intellectual property right or any other right of any person or entity; or (4) your violation of these Terms of Use.
SoIL-Online uses search technology that allows us to furnish links to other Web sites and to static or database-generated links to other Web sites over which we have no control. SoIL-Online makes no representation or warranty with respect to the accuracy, content, timeliness or quality of the information on any such sites, nor do we accept or assume any liability or responsibility in the event that a User is exposed to offensive or undesired material. Since certain material on the Internet is clearly offensive to some people, SoIL-Online also makes no claim that the links on our sites will not automatically or unintentionally produce links, references or exposure to material that is distasteful or offensive to you.
SoIL-Online may furnish links to the Web sites of our Sponsors and other businesses in order to make it convenient for our Users to shop online. Although businesses have a duty to continually supply accurate and up-to-date information to SoIL-Online, those businesses may update the information on their own Web sites before furnishing updated information to SoIL-Online. By using our services, you acknowledge that you understand and accept this risk. Furthermore, SoIL-Online is not and will not be involved in any transaction between any User of our services and any business that a User locates while using our services; therefore, any issue that you have with such a business must be taken up with that business.
You hereby acknowledge and agree that (1) all SoIL-Online Forum communications are public and therefore not private communications; (2) SoIL-Online has the nonexclusive right to publicly display, reproduce and otherwise use these communications for any reason; (3) SoIL-Online has the right to remove without prior notice any Forum communication for any reason but has no obligation to delete communication that a User finds distasteful or offensive; and (4) with the exception of private emails that are sent to SoIL-Online for the express purpose of conducting business with SoIL-Online as a community service provider, all Forum, email and other communications resulting from SoIL-Online’s services are the property of SoIL-Online for nonexclusive use without any limitations.
These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois without giving effect to its conflict of laws provisions or a User’s state or country of residence. If a court of competent jurisdiction finds any term, provision or portion of these Terms of Use to be unenforceable for any reason, the balance of these Terms of Use will remain in full force and effect.
These Terms of Use are the complete and exclusive agreement and understanding between SoIL-Online and its Users with respect to the subject matter hereof, superseding and replacing any and all other agreements, communications and understandings (both written and oral) regarding such subject matter. Any waiver of the terms and provisions in these Terms of Use must be in writing and signed by an authorized representative of SoIL-Online.
Please direct any questions about our Terms of Use to admin@soil-online.com.
Updated: February 18, 2009