Terms of Service
We run a blog and web site called MyEnergyCoop and would love for you tuse it. Our service is free. It is designed tgive you as much control and ownership over what goes on the site as possible and encourage you texpress yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked tfrom your site (things like spam, viruses, or hate content).
(Note, we've decided tmake the Terms of Service available under a Creative Commons Sharealike license, which means you're more than welcome trepurpose it for your own use, just make sure treplace references tus with ones tyou, and we'd appreciate a link tWordpress.com (where we got it) somewhere on your site.
Terms of Service:
The following terms and conditions govern all use of the MyEnergyCoop website and all content at the Website. The Website is owned and operated by MyEnergyCoop. (“MyEnergyCoop”). The Website is offered subject tyour acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MyEnergyCoop's Privacy Policy and procedures that may be published from time ttime on this Site (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree tbecome bound by the terms and conditions of this agreement. If you dnot agree tall the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MyEnergyCoop, acceptance is expressly limited tthese terms. The Website is available only tindividuals whare at least 13 years old.
- MyEnergyCoop Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and posts, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords tyour blog in a misleading or unlawful manner, including in a manner intended ttrade on the name or reputation of others, and MyEnergyCoop may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely tcause MyEnergyCoop liability. You must immediately notify MyEnergyCoop of any unauthorized uses of your blog, your account or any other breaches of security. MyEnergyCoop will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you comment on a blog, post material tthe Website, post links on the Website, or otherwise make (or allow any third party tmake) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audifile, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited tthe copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights tintellectual property you create, you have either (i) received permission from your employer tpost or make available the Content, including but not limited tany software, or (ii) secured from your employer a waiver as tall rights in or tthe Content;
- you have fully complied with any third-party licenses relating tthe Content, and have done all things necessary tsuccessfully pass through tend users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed tdrive traffic tthird party sites or boost the search engine rankings of third party sites, or tfurther unlawful acts (such as phishing) or mislead recipients as tthe source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your post is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your post is not named in a manner that misleads your readers intthinking that you are another person or company. For example, your identity or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested tdsby MyEnergyCoop or otherwise.
- Responsibility of Website Visitors. MyEnergyCoop has not reviewed, and cannot review, all of the material, including computer software, posted tthe Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, MyEnergyCoop does not represent or imply that it endorses the material there posted, or that it believes such material tbe accurate, useful or non-harmful. You are responsible for taking precautions as necessary tprotect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain Content that is offensive, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may alscontain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject tadditional terms and conditions, stated or unstated. MyEnergyCoop disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of Content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages twhich MyEnergyCoop links, and that link tMyEnergyCoop. MyEnergyCoop does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking ta website or webpage, MyEnergyCoop does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary tprotect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MyEnergyCoop disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
- Copyright Infringement. As MyEnergyCoop asks others trespect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked tby MyEnergyCoop violates your copyright, you are encouraged tnotify MyEnergyCoop. MyEnergyCoop will respond tall such notices, including as required or appropriate by removing the infringing material or disabling all links tthe infringing material. In the case of a visitor whmay infringe or repeatedly infringes the copyrights or other intellectual property rights of MyEnergyCoop or others, MyEnergyCoop may, in its discretion, terminate or deny access tand use of the Website.
- Intellectual Property. This Agreement does not transfer from MyEnergyCoop tyou any MyEnergyCoop or third party intellectual property, and all right, title and interest in and tsuch property will remain (as between the parties) solely with MyEnergyCoop. MyEnergyCoop, the MyEnergyCoop log, and all other trademarks, service marks, graphics and logos used in connection with MyEnergyCoop, or the Website are trademarks or registered trademarks of MyEnergyCoop or MyEnergyCoop's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you nright or license treproduce or otherwise use any MyEnergyCoop or third-party trademarks.
- Changes. MyEnergyCoop reserves the right, at its sole discretion, tmodify or replace any part of this Agreement. It is your responsibility tcheck this Agreement periodically for changes. Your continued use of or access tthe Website following the posting of any changes tthis Agreement constitutes acceptance of those changes. MyEnergyCoop may als, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject tthe terms and conditions of this Agreement.
- Termination. MyEnergyCoop may terminate your access tall or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish tterminate this Agreement or your MyEnergyCoop account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. MyEnergyCoop and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MyEnergyCoop nor its suppliers and licensors, makes any warranty that the Website will be error free or that access theretwill be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In nevent will MyEnergyCoop, or its suppliers or licensors, be liable with respect tany subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. MyEnergyCoop shall have nliability for any failure or delay due tmatters beyond their reasonable control. The foregoing shall not apply tthe extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the MyEnergyCoop Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree tindemnify and hold harmless MyEnergyCoop, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited tyour violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between MyEnergyCoop and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MyEnergyCoop, or by the posting by MyEnergyCoop of a revised version. Except tthe extent applicable law, if any, provides otherwise, this Agreement, any access tor use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating tany of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Travis County, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding tenforce this Agreement shall be entitled tcosts and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed treflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement tany party that consents t, and agrees tbe bound by, its terms and conditions; MyEnergyCoop may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure tthe benefit of the parties, their successors and permitted assigns.
By submitting Content tMyEnergyCoop for inclusion, you grant MyEnergyCoop a world-wide, royalty-free, and non-exclusive license treproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting our blog. If you delete Content, MyEnergyCoop will use reasonable efforts tremove it from the Website, but you acknowledge that caching or references tthe Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, MyEnergyCoop has the right (though not the obligation) t, in MyEnergyCoop's sole discretion (i) refuse or remove any Content that, in MyEnergyCoop's reasonable opinion, violates any MyEnergyCoop policy or is in any way harmful or objectionable, or (ii) terminate or deny access tand use of the Website tany individual or entity for any reason, in MyEnergyCoop's sole discretion.


