Your use of ReferNet is subject at all times to our Terms of Service and our Privacy Policy. Your use of ReferNet constitutes your acceptance of these terms. You may also become a Member of ReferNet by registering on our site. To be a Member, you must accept all of the terms and conditions of the Membership Agreement. If you have questions about any of these documents, please contact us by sending an email tos@refernet.net

ReferNet Rules

Appropriate Online Content.

By "Content," we mean communications, images, and all the material and information you see on our Service. ReferNet, our Members, our affiliates, and our independent content providers provide most of the Content on ReferNet. ReferNet does not pre-screen all Content available on our Service. ReferNet does not assume any responsibility or liability for Content that is provided by Members or other guests on ReferNet. ReferNet does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. We reserve the right to remove Content that is objectionable to us for any reason. Neither ReferNet nor its affiliates assume any liability for any failure to remove, or any delay in removing, Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on our Service.

Members may generate Content in duscussion forums. This kind of Content must reflect our standards, and we may remove it if, in our best judgment, it does not meet those standards. When we do, if you are a Member, you may receive a warning from us if your Account (described in the Membership Agreement) was responsible for posting the offensive Content. If it's a serious offense or you've violated our rules before, we may ban you from participating on ReferNet and terminate your Member Account.

Content standards may vary depending on where you are on ReferNet, the network you belong to and the expectations of the community. Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, terrorism, and hate speech are offensive and always inappropriate Content for ReferNet. In other cases, there may be "gray areas". Always use your best judgment. If you would not say something in a room full of people you have never met, or in the workplace, please don't post it on our message forums. ReferNet makes the final determination about whether Content is objectionable or not. This determination is in our sole discretion, and is final.

ReferNet representatives may monitor your communications on ReferNet. But, because we cannot monitor all of the Content on ReferNet, and we do not attempt to do so, you might encounter something you don't want to see. You can report it to our support form for the area in which the incident occurred. ReferNet staff members will not ask you for your password or account information.) Your good judgment in making reports, particularly about the opinions of others, is important and appreciated. ReferNet does not endorse or oppose the opinions of any Member or guest, but we may take issue with the manner in which an opinion is expressed

Online Conduct.

You agree that you will be personally responsible for your use of the Service and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless ReferNet, its parent, affiliates, employees, officers, and directors from any liability or damages arising from your conduct on ReferNet, including any Content that you contribute. Online conduct should be guided by common sense and basic etiquette. You will violate the Terms of Service if you (or others using your Account) do any of the following:

• Post, transmit, promote, or distribute Content that is illegal.
• Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: don't say bad things about them, don't keep sending them unwanted messages, don't attack their race, sexual orientation, religion, heritage, etc. If you disagree with someone, respond to the subject, not the person.
• Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
• Disrupt the flow of discussion forums with vulgar language, abusiveness, inputting large images so the screen is too distorted to read, use of excessive shouting [all caps] in an attempt to disturb other users, or flooding [posting repetitive text]. This is online vandalism, and it ruins the experience for others.
• You may not impersonate another person (including celebrities), indicate that you are an REFERNET.NET employee or a representative of REFERNET.NET, or attempt to mislead users by indicating that you represent ReferNet or any of ReferNet's partners or affiliates.
• Attempt to get a password, other account information, or other private information from a Member or any other user on ReferNet. Remember: ReferNet employees will NEVER ask for your password. Don't give your password, reminder words, or billing information out to anyone.
• Upload any image or Content that you do not own or have permission to freely distribute
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software;
• Promote terrorist acts or violence against human beings, animals, nature, and private/commercial properties.
• Upload files that contain a virus or corrupted data;
• Post messages for any purpose other than personal communication, or transmit advertising, unauthorized promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service with our authorization.
• Improperly use of the suggestion/support or complaint buttons or make false reports to ReferNet staff members.

Obey the rules wherever you are. This includes rules for use of third party tools, and rules of service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. Other services have their own rules, and you should consult them before interacting.

Illegal behavior.

The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on ReferNet. We terminate use of the Service and cooperate with law enforcement on such matters.

Links to Third-Party Sites.

ReferNet may include hyperlinks to web sites operated by parties other than ReferNet, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. ReferNet does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

Commercial Activity and Unsolicited E-mail.

Chain letters and pyramid schemes are not allowed. You may not use any area of ReferNet to collect information, including login names, about ReferNet Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit ReferNet, or services offered on ReferNet for any commercial purpose. Any violation of these provisions can subject your ReferNet Account to immediate termination (or result in revocation of Guest status, if you are a guest) and further legal action.

Copyrights and Trademarks; Proprietary Rights.

Much of the Content available on ReferNet is owned by ReferNet or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but that doesn't make it acceptable or legal. You shall not copy or download any Content from ReferNet unless we have expressly authorized you to do so.

You must also have the legal right to upload any Content to ReferNet before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on ReferNet, unless ReferNet expressly authorizes you to do so. Making unauthorized copies of any Content found on ReferNet can lead to the termination of your ReferNet Account (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless ReferNet and its parent, subsidiaries, affiliates, related companies, employees, officers, directors and agents.

Once you post or send any Content to ReferNet, you expressly grant ReferNet the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in ReferNet's discretion, and without any notice or compensation to you of any kind.

ReferNet Software.

Some features on ReferNet may require that you download software onto your computer ("ReferNet Software"). ReferNet grants to you a non-exclusive, limited license to use ReferNet Software on our Service. You may not sub- license, or charge others to use or access ReferNet Software. You may not use ReferNet Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from ReferNet Software. You may not modify ReferNet Software or use it in any way not expressly authorized in writing by ReferNet. You understand that ReferNet's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by ReferNet may vary depending on your computer and other equipment.

REFERNET.NET HAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE REFERNET.NET SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

ReferNet Software may be subject to United States export controls. By downloading ReferNet Software from ReferNet, you warrant that you are not located in any country, or exporting ReferNet Software to any person or place, to which the United States has embargoed goods.

Limitations On Warranty And Liability.

YOU EXPRESSLY AGREE THAT THE USE OF REFERNET.NET, REFERNET.NET SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. REFERNET.NET, REFERNET.NET SOFTWARE, REFERNET.NET PRODUCTS, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. REFERNET.NET PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT REFERNET.NET WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH REFERNET.NET IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT AS STATED IN THE MEMBERSHIP AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT REFERNET.NET, ITS PARENT, SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF REFERNET.NET SOFTWARE. IN NO CASE SHALL REFERNET.NET'S, SUBSIDIARIES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "REFERNET.NET AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO REFERNET.NET FOR THE SERVICE. IN NO CASE SHALL REFERNET.NET OR REFERNET.NET AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF REFERNET.NET, REFERNET.NET SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH REFERNET.NET. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REFERNET.NET'S AND REFERNET.NET AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. REFERNET.NET DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH REFERNET.NET AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

ReferNet TOS: MEMBERSHIP AGREEMENT

You become a Member of ReferNet by completing our registration. This Membership Agreement is a legal document that explains your rights and obligations as an ReferNet Member. Please read it carefully.

ReferNet Membership

Membership allows you to participate in certain features on ReferNet. This Membership Agreement and any rules or instructions posted on ReferNet regarding a particular event activitives constitutes the entire agreement between you and ReferNet regarding your use of the Service. If there is any conflict between the Membership Agreement and any other rules or instructions posted on ReferNet, ReferNet shall resolve the conflict in its sole discretion. As an ReferNet Member, you agree to all of the terms and conditions of the ReferNet Rules and our Privacy Policy, which are incorporated into this Membership Agreement.

When you accept this Agreement and complete ReferNet's registration process, you create an ReferNet account ("Account") and select a login name and password. Your login name is your online identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process.

You are solely responsible for all activity on your Account and for the security of your computer system. It is important that you not reveal your password to other users. ReferNet will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. (If you forget your password, you may use our password reset feature and we will send you a new password.) You agree not to reveal your password to other users. You agree to indemnify and hold ReferNet harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your membership is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join ReferNet again without our express permission. You may not sell or charge others for the right to use your Account.

Age Requirement.

You must be eighteen or over to register as a member of or use this site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old.

Other Sites.

We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to ReferNet. ReferNet may also provide access to third-party vendors, who provide content, goods and or services on ReferNet or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

ONLINE CONDUCT AND CONTENT

Please refer to the ReferNet Rules. If you, or anyone using your Account, violate our online conduct or Content standards, ReferNet may take action against your Account. We may issue you a warning about the violation, or we may choose to immediately terminate your Account. You acknowledge that ReferNet is not required to provide you notice before terminating your Account, but it may choose to do so.

INDEMNIFICATION

Upon request by ReferNet, you agree to defend, indemnify and hold harmless ReferNet and its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of this Membership Agreement for which you are responsible or in connection with your transmission of any Content on ReferNet. ReferNet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to ReferNet in that matter. This Section 4 shall survive termination of this Agreement.

UPDATES AND MODIFICATIONS

ReferNet may update or revise the Membership Agreement at any time. By becoming a Member of ReferNet, you agree that ReferNet may change the terms of this Membership Agreement. If we revise the Membership Agreement, such revision shall be effective fifteen (15) days after posting the new Membership Agreement on ReferNet. You agree to review the Membership Agreement periodically to become aware of such revisions. You can view the Membership Agreement at any time by clicking on the Terms of Service link at the bottom of our ReferNet home page. Your continued use of the Service fifteen (15) days after a revised Agreement is posted on ReferNet will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Membership Agreement, your only remedy is to cancel your Account (or subscription).

TERMINATION

Either you or ReferNet Inc. has the right to terminate or cancel your Membership or a particular subscription at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with ReferNet. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Membership Agreement or ReferNet's enforcement or application of this Agreement; (2) any policy or practice of ReferNet, including the ReferNet Rules and the Privacy Policy, or ReferNet Inc.'s enforcement or application of these policies; (3) the Content available through ReferNet or any change in Content provided through ReferNet; (4) your ability to access and/or use ReferNet; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your Membership or a particular subscription by delivering notice to ReferNet's Customer Service Department at cancel@ReferNet. ReferNet reserves the right to collect fees, surcharges or costs incurred before you cancel your ReferNet Membership or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or canceled, no refund, including any Membership fees, will be granted. Active ReferNet Members may not allow former Members whose Memberships have been terminated by ReferNet to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved issues with ReferNet must be settled before ReferNet may allow you to register again.

OTHER LEGAL TERMS

You agree that this Membership Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the ReferNet Rules and the ReferNet Privacy Policy, including ReferNet's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ReferNet or relating in any way to your Membership or your use of ReferNet resides in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving ReferNet or its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to ReferNet any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section 7 shall survive termination of this Agreement.