Singingtree Terms of Service

Michael Dickerson

10 April 2003

1  Preamble

This is a contract between two individuals: you, and me, Michael Dickerson. For the purposes of this document, the term ``Singingtree staff'' or just ``Singingtree'' refers to myself and any other persons to whom I may choose to delegate administrative authority. There is no corporation or any other sort of business entity that owns the name ``Singingtree.'' This document governs your use of all computers and other devices which are part of my network (the ``Singingtree network''), although those computers may be reached through other domain names such as photoprism.net and cinderstone.com.

2  Access is at my sole discretion

You understand that I am allowing you to access my network and my computers as a personal courtesy, as if I allowed you to sleep on my couch or park your car in my garage. Although I hope it will not be necessary, I have the right to terminate your access privileges at any time, for any reason, or for no reason at all. In such an event, I may choose to issue you a warning in advance or an explanation after the fact, or I may choose to do neither.

3  Fees and payments

You agree that I have the discretionary right to determine the price of any service you may receive from Singingtree. You understand that my decision to waive any fees in the past does not entitle you to receive free service in the future. Furthermore, you agree that I am under no obligation to offer you the same service or same price as I may choose to offer someone else.

4  Expiration of inactive accounts

All singingtree accounts have an expiration date that is determined at the time the account is created. The general policy shall be to create no accounts that are valid for a period greater than one calendar year. The system will probably warn you when your expiration date is approaching, and you are free to request a renewal for another year. When you request a renewal, you are reaffirming your agreement to abide by these Terms of Service. The specific length of the renewal period may be adjusted to reflect individual circumstances, but no one will receive automatic renewals or a non-expiring account.

5  Account is non-transferable

You agree not to allow any other person to access your account, or to know your account password. You are encouraged to invite your friends to apply to Singingtree for their own accounts, but no person may request an account or a renewal on another person's behalf.

6  Privacy policy

None of the information that is associated with your Singingtree account, such as your email address, will be made available to any other person or organization for any purpose, unless I am compelled by a court of law.

You agree to respect the system's restrictions on your ability to access other peoples' data. You understand that file permissions and other access controls are to be considered indicative of the owner's intent to allow or disallow your access, even if there exists a way to circumvent those controls. You understand that if you attempt to gain elevated privileges or otherwise access any computing resources or data not explicitly granted to you by your own account, you will lose that account and may be subject to criminal prosecution.

Singingtree staff agree to abide by the same restrictions, except when performing necessary administrative and maintenance tasks such as system backups. Even when performing system maintenance, Singingtree staff agree not to examine the contents of any private files. However, filesystem information such as file names, sizes, and modification times may be inspected by Singingtree staff and may unavoidably be exposed in the process of performing system maintenance. You understand that such information will not be considered private.

7  No warranty

You understand that I am offering absolutely no warranty of any kind, including but not limited to: persistent data storage, uninterrupted access, or quality of service. To the extent permitted by law, not even the implied warranties of merchantability or fitness for a particular purpose are extended.

You agree to regard anything I may say about Singingtree services, in spoken or written communication, whether to you personally or in other documents which are not this one, as being no more than a description of my memory of how that service worked for me on some particular Tuesday of last year. Any implied warranties that might be inferred from any such communication are expressly disclaimed.

8  Limitation of liability

You agree that you are personally responsible for your actions when you use Singingtree services. By accepting these terms of service you attest that your actions on my network are not generally monitored by me in any way, and that I may not be held responsible for any actions that you or any other Singingtree user may undertake, whether legal or illegal, moral or immoral, ethical or unethical.

Regardless of the nature of any legal action or complaint that might arise between you and me for any reason, you agree that I shall never be liable to you in any amount that exceeds the total of any fees that I have received from you in the last three calendar months.

9  Restrictions imposed by upstream provider

You agree to observe any and all restrictions that may be imposed by my upstream Internet Service Provider, currently speakeasy.net but subject to change without notice. Most importantly, you may not send unsolicited commercial email (spam) or email that might be considered harassment. You attest that you have read and understand my ISP's terms and conditions, which are available at http://www.speakeasy.net/tos.

10  Amendment or modification

You agree to observe the terms and conditions as posted at http://www.singingtree.com/tos.html, which may be altered at any time. You understand that although I will try to notify you when these conditions are changed, you are not released from this obligation if I should fail to do so.

This document was translated from LATEX by HEVEA.