TERMS OF SERVICE FOR WIZBANGBLOG.COM (and all subisdiary sites)
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Wizbangblog.com ("Wizbang"), owned and operated by Wizbang, LLC ("Wizbang, LLC"), is provided to you ("Member") under the terms and conditions of this Wizbang Terms of Service (TOS) and any operating rules or policies that may be published by Wizbang, LLC. The TOS comprises the entire agreement between Member and Wizbang and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
2. DESCRIPTION OF SERVICE
Wizbang provides Member with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free of charge, others may cost money or have other requirements. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this TOS. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE
Wizbang, LLC may change the terms and conditions of the TOS from time to time. Upon major changes in the terms and conditions of the TOS, Wizbang, LLC will notify you. Minor changes in the terms and conditions of the TOS will be posted to Wizbang at http://wizbangblog.com/tos/tos.php. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TOS and TOS modifications; and (2) agreement by Member to abide and be bound by the TOS and TOS modifications.
4. MODIFICATIONS TO SERVICE
Wizbang, LLC reserves the right to modify or discontinue the Service with or without notice to Member. Wizbang, LLC shall not be liable to Member or any third party should Wizbang, LLC exercise TOS right to modify or discontinue the Service.
All information entered into Wizbang by Member is private to Member except to the extent that he or she opts to share that information with other Wizbang members and/or the public, through Wizbang or otherwise. It is Wizbang, LLC's policy to respect the privacy of Members. Therefore, Wizbang, LLC will not disclose to any third party Member's name or contact information. Wizbang, LLC will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Wizbang, LLC; (2) protect and defend the rights or property of Wizbang, LLC; or (3) act under exigent circumstances to protect the personal safety of TOS members or the public; (4) fix or debug problems with the Wizbang software/service.
6a. CONTENT OWNERSHIP
Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through Wizbang or otherwise enters into Wizbang-related services. In exchange for the publishing services provided by Wizbang, LLC the member agress to grant a perpetual license to Wizbang, LLC to use all content he or she publishes through Wizbang without further renumeration. The perpetual license covers derivative works and re-use in other media. Members are not allowed to use the Wizbang name in commericial activity without prior written consent of Wizbang, LLC
6b. CONTENT RESPONSIBILITY
Member acknowledges and agrees that Wizbang, LLC neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
7. MEMBER CONDUCT
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 which such Content originated. This means that you, and not Wizbang, LLC, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Wizbang, LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Wizbang, LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit 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; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
8. CONTENT SUBMITTED TO WIZBANG
Wizbang, LLC does not claim ownership of the Content you place on your Wizbang Site. Wizbang, LLC may quote or reproduce your content (if you have made it public), in whole or in part, in order to promote your Wizbang site and/or the Wizbang service. You acknowledge that Wizbang, LLC does not pre-screen Content, but that Wizbang, LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Wizbang, LLC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that 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.
You agree to indemnify and hold Wizbang, LLC, and its subsidiaries, affiliates, officers, agents, co-branders 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 Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
11. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, go to the user profile menu option); you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify Wizbang, LLC of any unauthorized use of Member's account or any other breach of security known to Member.
You agree that Wizbang, LLC, in its sole discretion, may terminate your password, use of the Service or use of any other Wizbang, LLC service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Wizbang, LLC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Wizbang, LLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Wizbang, LLC may immediately deactivate or delete your Wizbang Site and all related information and files in your Wizbang Site and/or bar any further access to such files or the Service. Further, you agree that Wizbang, LLC shall not be liable to you or any third-party for any termination of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
14. Wizbang, LLC PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Wizbang, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WIZBANG, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WIZBANG, INC. MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WIZBANG, INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
16. LIMITATION OF LIABILITY WIZBANG, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. STORAGE AND OTHER LIMITATIONS
Wizbang, LLC assumes no responsibility for the deletion or failure to store information entered into Wizbang. Wizbang, LLC has set no fixed upper limit on the number or posts Member may send or receive through the Service or the amount of storage spaced used; however, Wizbang, LLC retains the right, at Wizbang, LLC's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member's conduct is found to be inconsistent with the TOS.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Wizbang, LLC may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
The TOS shall be governed by and construed in accordance with the laws of the state of Virginia. Member and Wizbang, LLC agree to submit to the exclusive jurisdiction of the courts of the state of Virginia. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Wizbang, LLC's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wizbang, LLC in writing. Member and Wizbang, LLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Wizbang, LLC and govern your use of the Service, superseding any prior agreements between you and Wizbang, LLC or Wizbang (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Wizbang, LLC services, third-party content or third-party software. The TOS and the relationship between you and Wizbang, LLC shall be governed by the laws of the State of Virginia. You and Wizbang, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Loudoun, Virginia. The failure of Wizbang, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to administrators at Wizbangblog.com via the e-mail address listed on the site or by using the automated "Report" button for comments.
22. ADDENDUM - COMMENT AND TRACKBACK POLICY
Comment and trackbacks at Wizbang are open and do not currently require registration. This may change in the future.
Your participation - whether you agree or disagree with us - is welcomed and valued. We do not censor comments based on political or ideological point of view. We expect and encourage heated, robust debate, but comments should be civil and free of threats and otherwise in accordance with section 7 (MEMBER CONDUCT) of the Terms of Service at all times.
The ability to leave comments and submit trackbacks is a privilege granted by the site owner. Those privileges may be suspended or revoked at any time and for any reason at the sole discretion of the owner and/or their agents.
In addition to the items in section 7 (MEMBER CONDUCT), the following types of comments are subject to deletion include:
- Comments containing too many external hyperlinks
- Comments that are completely off topic
- Comments that fail to observe special rules for commenting to that particular post. Failure to observe those published rules (often for contests) will most likely result in your comment being deleted.
- "Me too" comments to older items that add nothing to the conversation.
- Comments that are actually advertisements in disguise. If you've got a product to sell you can buy and advertisement at Wizbang for your product. The links to buy advertising are in the left sidebar.
Poor behavior in comment threads is the quickest and easiest way to get your comments deleted, and may eventually lead to a permanent ban from the site, or all Wizbang network sites.
Trackbacks will be deleted if the remote site does not provide a link to the Wizbang story that received the trackback. If multiple trackbacks without links are received the site sending the trackback may be banned. Duplicate trackbacks will be deleted, or denied.
Since the approval and moderation system is automated, it is possible that your e-mail address or domain will be placed on system maintained whitelists or blacklists. If for some reason you find yourself unable to comment due the anti-spam software please notify the editor and we'll investigate.
Comments AND trackbacks to older items will be (7-14 days) at Wizbang are moderated for a short period then closed.. Comment threads with no activity for 2 days are automatically switched into moderation status. This allows us to keep the conversations open on those items while protecting against the comment and trackback spam those items naturally attract. This will be most noticeable for those of you pinging older Wizbang items. Those trackbacks may be rejected. "Me too" comments to older items may be deleted or not be approved.
Frequently Asked Questions
Q: I posted a comment. Why can't I see it on the site?
A: The volume of comments on the site has grown rapidly, and sometimes our moderators have trouble approving the comments fast enough. To address this problem, we are working on a system where trusted, regular commenters will be able to post without this delay.
Q: Why am I blocked from commenting on Wizbang?
A: There are a few scenarios in which a comment might be blocked:
A comment is abusive, off-topic, uses excessive foul language, or includes an ad hominem attack.
If a commenter has previously posted comments that are abusive, off-topic, used excessive foul language, or include ad hominem attacks, a Wizbang moderator may decide to ban the commenter's IP address. This means the abusive commenter is banned from commenting on the site in the future, even if the later comments are not abusive. We ban IPs because the sheer volume of comments makes it too time consuming to individually delete comments written by someone with a pattern of abuse.
If a commenter shares a computer or IP address with someone who has written abusive comments, it could result in a comment being blocked even if the commenter has never posted anything abusive. In the future, we plan on introducing a user log-in feature that will help mitigate this sort of situation.
I Was Trying To Leave A Comment, Instead I'm Seeing This Page. What Happened.?
Most likely you were blocked from commenting. What happened was that some of your previous comments left at Wizbang triggered the spam filters, which automatically blocks future comments - that's why you now see this page. Considering that the spam prevention system is has an extremely low "false positive" ratio (around 1 out of every 1,000) that's a level of inexactness we have to live with. If you find yourself blocked and you're not a spammer, please contact us so that we can remove the block.
It's also possible that you are trying to access a RSS, Atom, or RDF feed whose address has changed. A full listing of our current Feeds is available here.