1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the THonline.com service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and THonline.com, an Internet service of Woodward Communications, Inc. ("WCI").
1.2 THonline may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY SENDING E-MAIL TO: email@example.com (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 THonline may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. THonline may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. THonline CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the THonline Internet service are intended for your personal, noncommercial use. All materials published on THonline (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by WCI, THonline, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from THonline, or the copyright holder identified in the copyright notice contained in the Content.
2.4 Certain Content is furnished by the Associated Press and other providers, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
2.5 You shall not upload to, or distribute or otherwise publish on the message boards, web logs or other posted comments (the "Forums") any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
2.6 (a) Be courteous. You agree that you will not threaten or abuse other Subscribers, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam." Messages written in ALL CAPITAL LETTERS violate established online etiquette and are not allowed.
2.6 (b) Use respectful language. Like any community, the Forums flourish only when our Subscribers feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind, as determined in the sole discretion of the Telegraph Herald, is grounds for immediate and permanent suspension of access to all or part of the Service.
2.6 (c) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. The Telegraph Herald encourages active discussions and welcomes heated debate in our Forums. But personal attacks, as determined in the sole discretion of the Telegraph Herald, are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.
2.7 The Forums shall be used only in a noncommercial manner. You shall not, without the express approval of the Telegraph Herald, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
2.8 You are solely responsible for the content of your messages. However, while the Telegraph Herald does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, the Telegraph Herald reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
2.9 You acknowledge that any submissions you make to the Service (e.g. Letter to the Editor, Photo, Video, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by the Telegraph Herald and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
3. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
3.1 THonline contains links to other related World Wide Web Internet sites, resources, and sponsors of THonline. Since THonline is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
4. REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold harmless WCI and THonline, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. THonline reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification or join with you in such defense.
4.2 Neither WCI nor THonline represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
5. REGISTRATION AND SECURITY
5.1 As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that THonline, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of THonline.
5.2 (a) You shall notify firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
5.3 You must be 18 years or older to subscribe to the Service; however, persons of all ages may use it. Thus, you may share your password and subscriber ID with others, subject to Section 6.4.
5.4 You are responsible for all usage or activity on your THonline account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, illegal activity or breach of any of the terms of this agreement may be grounds for termination of your account, at THonline's sole discretion, and THonline may refer you to appropriate law enforcement agencies.
6. FEES AND PAYMENTS
6.1. THonline reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time THonline requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), THonline will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by THonline or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
7. COMMUNICATIONS BETWEEN THonline AND SUBSCRIBERS
7.1 THonline reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
7.2 THonline reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. For more information please read the privacy statement of THonline.
7.3 At no time will THonline share or disclose your name, address, e-mail address, telephone number, or any other personal information with any third party without your consent. For more information please read the privacy statement of THonline.
8. SOFTWARE LICENSES
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by THonline, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
9.1 You may terminate your account at any time by sending e-mail to: email@example.com. Upon termination, you will receive a confirmation via e-mail that the request was received, and your access will be suspended within 24 hours, except Saturdays, Sundays and holidays. You are responsible for all charges incurred (if any) up to the time the account is deactivated.
9.2 THonline may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
10.1 This Agreement has been made in and shall be construed and enforced in accordance with Iowa law. Any action to enforce this agreement shall be brought in the federal or state courts located in Iowa.
10.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in The Privacy Statement.
10.3 Official correspondence must be sent via postal mail to:
Attn: Customer Service
PO Box 688
801 Bluff St.
Dubuque, IA 52004-0688
10.4 You agree to report any copyright violations of the Subscriber Agreement to THonline as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in The THonline service, please notify THonline Manager, 801 Bluff St., Dubuque, IA 52001; 563-588-5686.