ASSTR Site Terms and Conditions
"ASSTR site" is the interactive on-line service operated by ASSTR, a project of Internet Free Literature Corporation ("IFLC"), on the Internet, consisting of information services and content provided by ASSTR and other third parties, including, but not limited to, third party Web pages and FTP accessible literature archives hosted at the ASSTR site, MCStories.com Web site, Nifty.org mirror site, and Alt.Sex.Stories.Moderated Web site. "User" means each person who establishes or accesses a connection ("Account") for access to and use of the ASSTR site.
(A) This Agreement, which incorporates by reference other provisions applicable to use of the ASSTR site, including, but not limited to, any supplemental terms and conditions set forth below ("Supplemental Terms") governing the use of certain specific material contained in the ASSTR site, sets forth the terms and conditions that apply to use of the ASSTR site by User. By using the ASSTR site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the ASSTR site is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) ASSTR shall have the right at any time to change or discontinue any aspect or feature of the ASSTR site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Adult Material.
The ASSTR site contains and/or links to sites that contain visual, audio, and/or textual depictions of nudity and heterosexual, bi-sexual, homosexual, and transsexual sexual situations. Persons under twenty-one years of age and persons who may be offended by such depictions may not directly or indirectly download, acquire, view, read, listen to, or possess any photograph, video file, sound file, textual material, advertisement, or other communication, message or other content at, in, or through the ASSTR site, nor place any order for any goods or services at, in, or through connection to or from, the ASSTR site.
If User is under the age of twenty-one years or is offended by such materials, User is not authorized to download any materials from the ASSTR site and any and all such downloading shall constitute intentional infringement of the copyright owner's rights in such materials. All materials, messages, and other communications contained at ASSTR are intended for distribution exclusively to consenting adults in locations where such materials, messages and other communications do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. All materials, messages, and other communications available at the ASSTR site are for the private use and enjoyment of ASSTR's authorized visitors only; any resale or other use of any kind is strictly forbidden except where explicitly permitted. User agrees that the files obtained from the ASSTR site are for User's own personal use and that you will not redistribute them or otherwise make them available to any person under the age of twenty-one years.
4. Changed Terms.
ASSTR shall have the right at any time to change or modify the terms and conditions applicable to User's use of the ASSTR site, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the ASSTR site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the ASSTR site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Except when explicitly authorized by the copyright owner, all communications and content of all kinds available at ASSTR may not be copied or otherwise reproduced in any form. ASSTR reserves the right to refuse access to any communication, service, or content at ASSTR at any time to anyone without notice. Any and all unauthorized downloading of materials from ASSTR shall constitute intentional infringement of the copyright owner's rights in such materials.
Except where otherwise explicitly noted by copyright owner, any material "uploaded" or otherwise sent or contributed to the ASSTR site remains the sole property of copyright owner. ASSTR makes no claims of copyright ownership to any material "uploaded", posted, contributed, or otherwise available at or sent to ASSTR site by User.
ASSTR respects the rights of all copyright holders and in this regard, ASSTR has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ASSTR's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ASSTR's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
PO BOX 583
Alexandria, VA 22313-0583
Email: [email protected]
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of ASSTR site and all charges related thereto.
7. Limitations of Use.
Users are responsible for reviewing this page from time to time to ensure compliance with any additions or other modifications. If ASSTR makes a request to User to stop using ASSTR services and/or to promptly return or destroy any copies of the information provided on or obtained from ASSTR site, User will comply immediately with this request and will confirm in writing to ASSTR within ten (10) days that User has done so. User agrees that User's access to any service or site hosted or otherwise provided by, on, or at ASSTR site may be temporarily or permanently removed at any time for any reason, and such decisions are to be made solely at the discretion of the operator of the ASSTR site and such decisions are final.
8. Applicable Laws.
The ASSTR site originates from and is maintained in the United States of America, and ASSTR makes no representations regarding the legality of access to or use of the site or the materials from other countries. Any export or use of the materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and use is limited as described in Section 9 ("Export Control") of these Terms and Conditions. Access in countries where the materials are illegal is prohibited. Users who access ASSTR site from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.
9. Export Control.
Export of any information from the ASSTR site (including Confidential Information obtained through any ASSTR Web site password protected areas) outside of the United States is subject to all U.S. export control laws. User will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. User and its organization will not sell, license, or otherwise provide or ship ASSTR products or technical data (or the direct product thereof) for export or re-export to the embargoed countries listed below:
Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, and the Republic of Serbia
User also agrees that unless User receives prior authorization from the U.S. Department of Commerce, User shall not transfer, export or re-export, directly or indirectly, any ASSTR technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any of the following nations or nationals thereof:
Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iran, Iraq, Kazakhstan, Kyrgystan, Laos, Latvia, Libya, Lithuania, Moldova, Mongolia, North Korea, People's Republic of China, Republic of Serbia, Romania, Russia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.
User agrees not to transfer, export or re-export ASSTR products, technology or software to its customers or any intermediate entity in the chain of supply if ASSTR's products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government.
Those areas of the ASSTR site which are accessed by using a password or other security device may contain proprietary and confidential information on ASSTR and its suppliers, including software, program listings, data file printouts, and other technical and marketing information ("ASSTR Confidential Information"). By accessing ASSTR Confidential Information, User agrees to keep this information confidential and to use the information solely for the purposes specified when User was granted access to the ASSTR Confidential Information. User also agrees to be careful with this ASSTR Confidential Information and to only disclose it within its company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. User will not alter, decompile, disassemble, reverse engineer, or modify any ASSTR Confidential Information that User receives.
ASSTR discourages User from sending it any information that User considers to be confidential or proprietary through ASSTR site. Please note that if User does send ASSTR any such information or material, ASSTR will assume it is not confidential. User agrees that ASSTR is free to use any ideas, concepts, know-how or techniques that User sends ASSTR for any purpose.
11. User Conduct.
A) User shall use ASSTR site for lawful purposes only. User shall not post or transmit through ASSTR site any material which violates or infringes in any way upon the rights of others as established by law, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, give rise to civil liability or otherwise violate any law, or which, without ASSTR's express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in ASSTR's discretion restricts or inhibits any other User from using or enjoying ASSTR site will not be permitted. User shall not use ASSTR site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers and/or users of on-line commercial erotic services.
(B) ASSTR site contains copyrighted material, trademarks and/or other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the ASSTR site are copyrighted under the United States and international copyright laws. With regard to material created specifically by or for ASSTR site, including, but not limited to, the Web pages comprising the ASSTR Web site, the welcome banners and messages comprising in part the ASSTR FTP site, and the ASSTR ASCII text logo, ASSTR owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except where redistribution privileges are explicitly granted, User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ASSTR or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on ASSTR site any material protected by copyright, trademark or other proprietary right without the permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of ASSTR site, User automatically grants, or warrants that the owner of such material has expressly granted ASSTR the royalty-free, revocable, non-exclusive right and license to use, reproduce, publish, and distribute such material in whole worldwide on or at ASSTR site and/or to incorporate it in other ASSTR related projects in any technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use.
(A) USER EXPRESSLY AGREES THAT USE OF ASSTR SITE IS AT USER'S SOLE RISK. NEITHER ASSTR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ASSTR SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ASSTR SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ASSTR SITE.
(B) ASSTR SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ASSTR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL ASSTR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ASSTR SITE OR THE ASSTR SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ASSTR SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ASSTR SITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ASSTR, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ASSTR SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, ASSTR, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Although ASSTR has attempted to provide accurate information on this Web site as a service to its users, ASSTR assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. ASSTR may change the programs or products mentioned at any time without notice. Mention of non-ASSTR products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this Web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Any claims relating to the materials or the Web site will be governed by Delaware law.
This Agreement and any operating rules for ASSTR established by ASSTR constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. Third Party Content.
ASSTR is a distributor (and not a publisher) of content supplied by third parties and account holders. Accordingly, ASSTR has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, account holders or any other user of ASSTR, are those of the respective author(s) or distributor(s) and not of ASSTR. Neither ASSTR nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 12 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through ASSTR represents the opinions and judgments of the respective information provider, account holder, or other user not under contract with ASSTR. ASSTR neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ASSTR by anyone other than authorized ASSTR employee spokespersons while acting in their official capacities. Under no circumstances will ASSTR be liable for any loss or damage caused by the reliance on information obtained through ASSTR by anyone using any site or services provided by ASSTR. It is the responsibility of users of any and all ASSTR web sites or other services to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ASSTR. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
ASSTR shall have the right, but not the obligation, to monitor the content of ASSTR site, including any chat rooms or forums, to determine compliance with this Agreement and any operating rules established by ASSTR and to satisfy any law, regulation or authorized government request. ASSTR shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on ASSTR site. Without limiting the foregoing, ASSTR shall have the right to remove any material that ASSTR, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless ASSTR, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ASSTR site by User or User's Account, if any.
Either ASSTR or User may terminate this Agreement at any time. Without limiting the foregoing, ASSTR shall have the right to immediately terminate User's Account in the event of any conduct by User which ASSTR, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 11(B), 11(C), 12, 16, 18 and this Section 17 shall survive termination of this Agreement.
ASSTR and Alt.Sex.Stories Text Repository are trademarks of Internet Free Literature Corporation. All rights reserved. All other trademarks appearing on ASSTR are the property of their respective owners.
19. Restricted Rights.
All materials and software downloaded from ASSTR site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. Use of the materials by the government constitutes acknowledgement of ASSTR's proprietary rights in such materials.