Riseup Networks' Terms of Service
Riseup Networks services currently include email, email list hosting,
website hosting, domain registration, colocation, and other services
common to ISP/OSPs. These services may change from time to time and
are provided AS IS. You understand and agree that Riseup Networks
assumes no responsibility for, among other things, any service outages
or interruptions, the unavailability of particular features or
services, and your inability to access or make use of all or part of
our services. Furthermore, you understand and agree that Riseup
Networks assumes no responsibility for deletion, loss or mis-delivery
of information stored or delivered through our services. Riseup
Networks makes no warranties or guarantees as to the security of any
machine or wesite operated or hosted by Riseup Networks, nor do we
make any warranties or guarantees at all.
Riseup Networks complies with the
Digital Millennium Copyright Act's notice and take-down procedures. Your use of Riseup Networks' services is subject to Riseup's
DMCA Policy.
In consideration for your use of the Riseup Networks services you agree to the
following conditions:
You acknowledge and agree to not sell, resell or exploit the use of our
services, access to our services or any of the content accessable
through our services for any commercial purposes except to use such
information or content for the sole purpose of listing our service in a
search engine or other service directing users to our site.
You also agree not to use our services to:
- harass other people;
- harm or exploit minors;
- impersonate or cause others to believe that you are another person;
- send unsolicited messages;
- collect personal data from Riseup Networks users without their
express consent; and
- interfere with or disrupt our services, those of our users or
any other person or service;
Further, you agree to:
- avoid excessive use of our services, including but not limited to
network bandwidth, computer system resources, and domain registrations;
- be responsible for maintaining the confidentiality of your
accounts and passwords;
- be responsible for the actions of any person who uses your account or passwords to gain access to our systems;
- notify us immediately of any unauthorized use of your
accounts or any other breach of security at any time with relation to
your account(s);
- hold patience in your heart for the hard work we do.
Riseup Networks does not claim ownership of content you upload or otherwise transmit
through our servers or networks.
If you do not fulfill your obligations under this Agreement, or you
solicit others to breach their agreement with Riseup Networks, OR FOR
ANY OTHER REASON OR NO REASON, at Riseup Network's sole discretion and
without limiting its other remedies, Riseup Networks may terminate
your access to part or all of our services. However, our failure to
act with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches.
Your Privacy
Your privacy is important to Riseup Networks. By agreeing to this User Agreement, you also consent to the privacy practices detailed in our
Privacy Policy, which may be modified at any time.
No Warranty
YOU UNDERSTAND AND AGREE THAT WE, AND OUR SUPPLIERS, PROVIDE OUR
ONLINE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER UNDERSTAND AND
AGREE THAT WE, AND OUR SUPPLIERS, MAKE NO WARRANTY AS TO THE
RELIABILITY, ACCESSIBILITY, ACCURACY, LEGITIMACY OR QUALITY OF THE
ONLINE SERVICES OR THE CONTENT AVAILABLE THROUGH THE ONLINE SERVICES.
YOU AGREE THAT USE OF THE ONLINE SERVICES AND THEIR CONTENT IS AT YOUR
SOLE AND EXCLUSIVE RISK. Some jurisdictions do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
apply to you.
Liability Limitation
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Riseup Networks SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
Riseup Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ONLINE
SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE ONLINE SERVICES; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER
RELATING TO THE ONLINE SERVICES.
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply
to you.
Indemnity
You agree to indemnify and hold Riseup Networks and (as applicable) our
parent, subsidiaries, affiliates, officers, directors, agents, volunteers and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
breach of this Agreement or your violation of any law or the rights of
a third party.
Modification and Termination
You agree that Riseup Networks may amend this Agreement at any time by
posting the amended terms on our site at
help.riseup.net/tos we
will contact you via email when any changes are made. All amendments
shall automatically be effective 10 days after they are initially
posted on our site. Your use of our services following the effective
date of any modifications shall constitute your binding acceptance of
those modifications. Furthermore, you agree that this Agreement and
all incorporated agreements may be automatically assigned by Riseup
Networks, in our sole discretion, to a third party in the event of a
merger, acquisition or other transfer. This Agreement may not be
otherwise amended except by a member of Riseup Networks. This
agreement was last modified April 15th, 2005.
You agree that Riseup Networks may terminate your use of any Riseup
Networks services at any time and for any reason whether you violate
this User Agreement or not. You further understand and agree that
Riseup Networks, at its complete discretion, may remove or alter the
services or any of content available through them at any time and for
any reason or no reason.
Complaints
Riseup Networks respects the rights of others. If you have
a complaint regarding abuse of our services, please send an e-mail to
abuse@riseup.net. Riseup Networks will review the complaint and, at
its sole discretion, take action Riseup Networks believes to be
appropriate.
General Headings in this Agreement are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of
such section. This Agreement sets forth the entire and exclusive
understanding and agreement between you and Riseup Networks with
respect to the subject matter hereof. This Agreement supercedes and
cancels all previous and contemporaneous agreements, commitments and
writings with respect to this subject matter. You agree that if any
provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced