Please read this Agreement carefully before accessing TheVital.Net.
As a condition to and in consideration of receiving and accessing TheVital.Net, the User agrees to be bound by the terms of this Agreement. Use
of or access to TheVital.Net shall constitute acceptance of
and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND
BY THIS AGREEMENT, DO NOT ACCESS TheVital.Net.
time and without prior notice to its Users (see 7. Miscellaneous). We may add
to, change, delete or end our or Your use of our service at any time. The service
may be temporarily unavailable from time to time for maintenance or other reasons.
You may review this Agreement at any time by clicking on the Terms of
Use link at the bottom of every page. If you have any questions about
this Agreement, please contact us by using the contact from which can
be access through the "Contact Us" link located at the bottom
of every page.
THIS AGREEMENT "Agreement" is entered into by and between TheVital.Net and any individual, corporation, association, agency, company,
or other entity who accesses or uses TheVital.Net (the "User"
TheVital.Net, which is provided without charge to you, is a World Wide
Web site on the Internet that is designed to allow users to access its
content/articles, post ads/messages and/or to view ads/messages posted
by other users or interact with those users. TheVital.Net is owned and
operated by TheVital.Net. TheVital.Net contains or may contain information,
communications, opinions, text, graphics, links, electronic art, animations,
audio, video, software, photos, music, sounds and other material and data
(collectively, "Content") formatted, organized and collected
in a variety of forms that are generally accessible to Users, including
directories and databases, and areas of TheVital.Net that can be modified
by Users, such as posting ads/messages, uploading multimedia files and
registering user profiles.
1. User Rights and Responsibilities
1.1 Access to TheVital.Net.
You are responsible for providing all hardware, software, telephone or
other communications equipment and/or service to connect to the Internet
and access TheVital.Net and you are responsible for all Internet
access charges, telephone charges or other fees or charges incurred in
connecting to the Internet and accessing TheVital.Net.
1.2 User Conduct.
You agree to access and use TheVital.Net only for lawful purposes.
You are solely responsible for the knowledge of and adherence to any and
all laws, statutes, rules and regulations, pertaining to (i) your use
of TheVital.Net, including any Interactive Area, (ii) the
use of any networks or other services connected to TheVital.Net,
and (iii) the communications means by which you connect your modem, computer,
or other equipment to TheVital.Net. By accessing TheVital.Net, you agree that you will not:
(a) restrict or inhibit any other user from using and enjoying the Interactive
(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, or indecent information of any kind,
including without limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national, or international law;
(c) post or transmit any information, software, or other material which violates
or infringes in the rights of others, including material which is an invasion
of privacy or publicity rights or which is protected by copyright, trademark
or other proprietary right, or derivative works with respect thereto, without
first obtaining permission from the owner or right holder.
(d) post or transmit any information, software or other material which contains
a virus or other harmful component;
(e) post or transmit unwanted or unsolicited emails (SPAM);
(f) post or transmit excessive amounts of messages;
(g) post forum messages in the wrong category to gain extra attention
(h) post duplicate messages that contain more than 60% of the same characters
in the same category or different categories
(i) alter, damage or delete any Content or other communications that are not
your own Content or to otherwise interfere with the ability of others to access
(j) disrupt the normal flow of communication in an Interactive Area;
(k) claim a relationship with or to speak for any business, association, institution
or other organization for which you are not authorized to claim such a relationship;
(l) violate any operating rule, policy or guideline of your Internet
access provider or online service.
1.3 Prohibited Messages
TheVital.Net specifically prohibits the listing of the following goods
or sercives for any reason:
(a) Sexually explicit advertisements that include masking or misspelling
the words, or images that would be illegal in any jurisdiction
(b) Any good that infringes or violates anyone's rights.
(c) Any item which in TheVital.Net sole discretion is inflammatory, offensive
or otherwise inconsistent with TheVital.Net standards of business ethics.
(d) Any messages, data, or images that might be considered by a reasonable
person to be obscene or which contain racial, ethnic, religious slurs
or derogatory epithets, or advocating violence, hate or other language
that is deeply or widely offensive.
1.4 Tax and Service Fees
User understands and agrees that User is responsible for all applicable
taxes and for all costs that are incurred in using TheVital.Net
service. We may also, in our sole discretion, add or delete fees associated
with the Service. If any charge is applicable, we will notify our Users
2. Intellectual Property Rights
2.1 TheVital.Net content.
(a) You acknowledge that Content on TheVital.Net is generally provided
by TheVital.Net, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that TheVital.Net permits access to Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights ("Intellectual
Property Rights"), and that these Intellectual Property Rights are valid
and protected in all media existing now or later developed and except as is
explicitly provided below, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You acknowledge that TheVital.Net owns a copyright in the "look and feel," i.e., the selection,
coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create
derivative works from, display or otherwise transfer or commercially exploit
any of the Content, in whole or in part, provided, however, that you may (i)
make a reasonable number of digital or other form of copies to permit your computer
hardware and software to access and view the Content, (ii) print one copy of
each piece of Content, (iii) make and distribute a reasonable number of copies
of Content, in whole or in part, in hard copy or electronic form for internal
use only. Any permitted copies of Content must reproduce in an unmodified form
any notices contained in the Content, such as all Intellectual Property Right
notices, and an original source attribution to "TheVital.Net"
and its URL address. You acknowledge that TheVital.Net, its Contributors,
and/or Users remain the owners of the Content and that you do not acquire any
Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish,
reproduce or distribute, on or through TheVital.Net only Content that
is not subject to any Intellectual Property Rights, or Content in which
any holder of Intellectual Property Rights has given express authorization
for distribution over the Internet and on TheVital.Net, without restriction
whatsoever. Any Content submitted with the consent of a copyright owner
other than you should contain a phrase such as "Copyright owned by
[name of owner]; Used by Permission." By submitting Content to any
Interactive Area, you automatically grant and/or warrant that the owner
of such Content, whether it be You or a third party, has expressly granted
to TheVital.Net the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, sublicense, distribute,
perform, and display such Content, in whole or in part, worldwide and/or
to incorporate it in other works in any form, media, or technology now
known or later developed for the full term of any Intellectual Property
Rights that may exist in such Content. You also permit TheVital.Net
to sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to such Content. You also
permit any User to access, view, store and reproduce the Content for personal
use. Where you have provided your e-mail address for user registration,
posting of messages/articles or replies to messages/articles, you are
expressly allowing TheVital.Net to send you e-mail for e-mail updates.
E-Mail updates comprise responses to your postings, newsletters, system
updates, and other updates as TheVital.Net may offer from time to time.
3. Interactive Areas
You acknowledge that TheVital.Net may include various interactive
areas ("Interactive Areas"), including but not limited to ads/messages.
These Interactive Areas allow feedback to TheVital.Net and
real-time interaction between users. You further understand that TheVital.Net does not control the messages, information, or files delivered
to such Interactive Areas and that TheVital.Net may offer
you and other Users the capability of creating and managing an Interactive
Area. However, neither TheVital.Net, its subsidiary and parent
companies, or affiliates, nor their respective directors, officers, employees
and agents are responsible for Content within any Interactive Area. Your
use and/or management of an Interactive Area will be governed by this
Agreement and any additional rules or operating procedures of any Interactive
Area established by you or another User, as applicable. You recognize
that TheVital.Net cannot, and does not intend to, screen communications
in advance. Moreover, because TheVital.Net encourages open
and candid communication in the Interactive Areas, TheVital.Net
cannot determine in advance the accuracy or conformance to this Agreement
of any Content transmitted in an Interactive Area. TheVital.Net
is not responsible for screening, policing, editing, reviewing or monitoring
any Content in an Interactive Area. Notwithstanding the above, you agree
that TheVital.Net has the right to monitor any Interactive
Area, from time to time and to disclose any information as necessary to
satisfy any law, regulation or other governmental request, to operate
the Interactive Area, or to protect itself or other Users. If notified
of Content that is alleged not to conform to this Agreement, TheVital.Net may investigate the allegation and determine in its sole discretion
whether to remove such Content without notice, or request the User to
remove such Content.
In addtion, TheVital.Net could also pursue violators with
claims that they have violated various criminal and/or civil laws as applied
by the relevant jurisdiction. TheVital.Net will cooperate
with any investigation by any Federal, State, or local body or any court
or tribunal legitimately exercising it's rights. Such cooperation may
be without notice to You. If TheVital.Net believes in its
sole discretion that any ad may create liability for TheVital.Net,
TheVital.Net may take any actions that it believes are prudent
or necessary to minimize or eliminate its potential liability, including
but not limited to, the release of User information.
TheVital.Net reserves the right to prohibit conduct, communication
or Content within an Interactive Area, or to edit, refuse to post, or
to remove any Content, in whole or in part, which it deems in its sole
discretion to (i) violate the then-standard provisions of this Agreement
or any other standard, written TheVital.Net policy in effect
at that time, (ii) be harmful to the rights of any User, TheVital.Net, or other third parties, (iii) violate applicable law, or
(iv) be otherwise objectionable. You also acknowledge that TheVital.Net may send you e-mail for responses and follow-up updates to
ads/messages, replies, auto-notify personal search agents, and any other
transactions posted by you at TheVital.Net. Your requested
compliance is also stated clearly on the respective screens, which include
but are not limited to, the registration and modification of accounts,
the posting, modification, and deletion of ads/messages, the posting of
replies, and the posting, modification, and deletion of auto-notify personal
The only right with respect to dissatisfaction with any policies, guidelines,
or practices of TheVital.Net in operating TheVital.Net,
or any change in Content, is for you to discontinue accessing TheVital.Net. TheVital.Net may terminate or temporarily suspend
your access to all or any part of TheVital.Net, without notice,
for conduct that TheVital.Net believes is a violation of this
Agreement or any policies or guidelines posted by TheVital.Net,
or for other conduct which TheVital.Net believes, in its sole
discretion, is harmful to TheVital.Net or other Users. TheVital.Net may discontinue operating TheVital.Net and terminate
this Agreement without notice at any time for any reason in its sole discretion.
In the event of termination, you are no longer authorized to access TheVital.Net, including the Interactive Areas, and the restrictions imposed
on you with respect to Content downloaded from TheVital.Net,
as well as the disclaimers and limitations of liabilities set forth in
this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services
expressly available at TheVital.Net, neither TheVital.Net, its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents controls, provides,
or is responsible for any Content, goods or services available through
sites on the Internet linked to or from TheVital.Net. All
such Content, goods and services are made accessible on the Internet by
independent third parties and are not part of TheVital.Net
or controlled by TheVital.Net. TheVital.Net neither
endorses nor is responsible for the accuracy, completeness, usefulness,
quality or availability of any Content, goods or services available on
any site linked to or from TheVital.Net, which are the sole
responsibility of such independent third parties, and your use thereof
is solely at your own risk. Neither TheVital.Net, its subsidiary
and parent companies, or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused
by your use of or reliance on any Content, goods or services available
on any site linked to or from TheVital.Net or your inability
to access the Internet or any site linked to or from TheVital.Net.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained
or opinions expressed on TheVital.Net. It is the policy of
TheVital.Net not to endorse or oppose any opinion expressed
by a User or Content provided by a User, Contributor, or other independent
party. YOU EXPRESSLY AGREE THAT YOUR USE OF TheVital.Net IS
AT YOUR SOLE RISK. NEITHER TheVital.Net NOR ANY OF ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT TheVital.Net OR ANY INTERNET SITE LINKED TO OR FROM TheVital.Net
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY
OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF TheVital.Net OR ANY INTERNET SITE LINKED TO OR
FROM TheVital.Net OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY,
OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED
THROUGH TheVital.Net OR ANY SITE LINKED TO OR FROM TheVital.Net. TheVital.Net IS PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TheVital.Net SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL TheVital.Net, ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
TheVital.Net, OR ANY INTERNET SITE LINKED TO OR FROM TheVital.Net, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY
LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
USE OR INABILITY TO USE THE SERVICE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE
ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION
OF USER'S TRANSMISSION AND DATA, OR USE OF, RECORDS, OR ARISING FROM ANY
OTHER MATTER RELATING TO THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL TheVital.Net, ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY
FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED
WITHIN TheVital.Net OR THE CONTENT CONTAINED WITHIN ANY INTERNET
SITE LINKED TO OR FROM TheVital.Net. THE CONTENT WITHIN TheVital.Net AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR
FROM TheVital.Net MAY INCLUDE TECHNICAL OR OTHER INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN;
THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF TheVital.Net
AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. TheVital.Net
AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT
ANY TIME AND FROM TIME TO TIME.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR
SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK
AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TheVital.Net
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY TheVital.Net SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF TheVital.Net, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING TheVital.Net.
You agree to indemnify and hold TheVital.Net, its parent or subsidiary
companies and their affiliates, and their respective directors, officers,
employees, and agents from any and all liabilities, claims and expenses,
including reasonable attorneys fees, arising from breach of this Agreement,
any other policy, your use or access of TheVital.Net or any Internet site
linked to or from TheVital.Net, or in connectionwith the transmission
of any Content on TheVital.Net.
This Agreement comprises the entire agreement between TheVital.Net and
you, and supersedes any prior agreements with respect to the subject matter
herein. TheVital.Net may revise this Agreement or any other policy at
any time and from time to time, and such revision shall be effective two
(2) days upon posting notice of such revision prominently on TheVital.Net.
You agree to review this Agreement periodically to be aware of such revisions.
If any such revision is unacceptable to you, you must discontinue accessing
TheVital.Net. Your continued accessing and use of TheVital.Net following
notice of any such revision shall conclusively be deemed acceptance of
all such revisions. The provisions of all sections in this Agreement shall
survive the termination or expiration of this Agreement. If any provision
of this Agreement or any other policy be held invalid or unenforceable,
that portion shall be construed in accordance with applicable law as nearly
as possible to reflect the original intention of the parties and the remaining
portions will continue in full force and effect. The failure of TheVital.Net
to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of the state or province
where the owner(s) of TheVital.Net reside(s), excluding its conflict of
laws rules, and you and TheVital.Net agree to the exclusive jurisdiction
of the courts located withing the country of TheVital.Net owner(s) residence.
This Agreement is personal to you and you may not assign your rights or
obligations thereunder to anyone. All logos, brand names, products, trademarks
and service marks appearing herein may be the trademarks or service marks
of their respective owners. References to any trademark, service mark
and links to or from TheVital.Net have been done strictly for clarification
and identification and does not constitute endorsement by TheVital.Net
of the products, services or information offered by the owner of such
trademark, service mark or link or endorsement of TheVital.Net by such
trademark, service mark or link owner.
If you observe material or behaviour that may violate one of TheVital.Net
User Agreement terms, please report it to TheVital.Net by using the "Contact
Us" link provided on the bottom of every page.