TAC Terms of Use Agreement

March 15, 2011
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TAC Services. By using the TAC Services, you agree to accept these Terms of Use, whether you are a "Guest" (which means that you simply browse the TAC Website) or you are a "Member" (which means that you have registered with TAC). The term "User" refers to a Visitor or a Member. You are only authorized to use the TAC Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement and of your respected state. Please read this Agreement carefully.
A Violation of any of the below Terms of Service will result in action by takeacode.com up to and possibly including the termination of your account, with or without warning.
TAC may modify this Agreement from time to time and such modification shall be effective upon posting by TAC on the TAC Website. You agree to be bound to any changes to this Agreement when you use the TAC Services after any such modification is posted. Please review the Terms of Use regularly to ensure you are updated as to any changes.


What is takeacode.com?


takeacode.com (following TAC) is a private service which provides free site building tools and free web hosting. We offer our free members limited amount of webspace, and many site building, editing, and promotion tools that allow Members to create unique personal profiles online in order to find and communicate with family, friends and business associates.
The TAC Services are hosted in the Canary Island,Tenerife, Spain, EU.

takeacode is the only website that offers you the possibility to enter your own city and category.
You can insert your own city and even small town, they will be instantly shown on takeacode.com.
All new cities and categories will be checked for their compliance with our philosophy and terms of use.

Domain Name

It is prohibited to use an existing domain name for your personal code, with the exception of the domain being your own property.takeacode.com reserves the right to automatically erase any content that violates our code of conduct.

User Content


Please choose carefully the information you post on TAC and that you provide to other Users. Your TAC profile may not include the following items, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and TAC assumes no responsibility or liability for this material. If you become aware of misuse of the TAC Services by any person, please contact the TAC staff or click on the "N-Flag" icon on the top right of each Userpage.
TAC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the TAC Services at any time, for any  reason, with or without prior notice, and without liability.
TAC does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the TAC Websites. After posting your Content to the TAC Websites, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the TAC Services, you hereby grant to TAC a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the TAC Services.
The license you grant to TAC is non-exclusive (meaning you are free to license your Content to anyone else in addition to TAC), fully-paid and royalty-free (meaning that TAC is not required to pay you for the use on the TAC Services of the Content that you post), sub licensable (so that TAC is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the TAC Services), and worldwide (because the Internet and the TAC Services are global in reach). This license will terminate at the time you remove your Content from the TAC Services. The license does not grant TAC the right to sell your Content, nor does the license grant TAC the right to distribute your Content outside of the TAC Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the TAC Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the TAC Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the TAC Services.
3. The TAC Services contain Content of TAC ("TAC Content"). TAC Content is protected by copyright, trademark, patent, trade secret and other laws, and TAC owns and retains all rights in the TAC Content and the TAC Services. TAC hereby grants you a limited, revocable, non sub licensable license to reproduce and display the TAC Content (excluding any software code) solely for your personal use in connection with viewing the TAC Website and using the TAC Services.
4. The TAC Services contain Content of Users and other TAC licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the TAC Services.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the TAC Services. TAC reserves the right to investigate and take appropriate legal action against anyone who, in TAC's sole discretion, violates this provision, including without limitation, removing the offending communication from the TAC Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to content that, in the sole discretion of TAC:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. Includes a photograph of another person that you have posted without that person's consent; or
15. For band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

Add your City
TAC Services allow you to enter your own City to our system. If that city is not part of the chosen country, it will be automatically deleted by our admins.

Add your Subcategory
TAC Services allow you to enter your own Subcategory to our system. If that Subcategory is a violation of our rules or policy, it will be automatically deleted by our admins.

Eligibility
Use of and Membership in the TAC Services is void where prohibited. By using the TAC Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the TAC Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.

Termination
This Agreement shall remain in full force and effect while you use the TAC Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. TAC may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

You will be notified by email, shortly before your account terminates. TAC will keep your account and unique code for 2 weeks, after which your account will be deleted. You may of course continue using or updating your account by ordering our services for another 12 months.

Fees
You acknowledge that TAC reserves the right to charge for the TAC Services and to apply changes to the fees from time to time. If TAC terminates your Membership because you have breached the Agreement, TAC is not bound to refund any unused portion of subscription fees.

The costs for using the TAC services are as follows:

Basic Professional
€ 0,- € 24,- / year
free  

Upgrade
Please note: when you upgrade your account the previous subscription is terminated immediately.

Email and Password
When you sign up to become a Member, you will also be asked to choose a email and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TAC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. The email address must be a valid one to receive the activation button. TAC will be not responsible for a wrong login email information, when using a one use email only, you must check before if the one use email provider is accepted by TAC registered activation system.

Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TAC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Copyright and Trademarks Policy

All templates and LOGO offered by TAC are copyrighted and Trademerks material. Such templates are offered for use to TAC users under license only, and are not offered for sale or unbridled use. Such license limits use of TAC templates to sites hosted by TAC. TAC templates may not be transferred to or hosted on another web host or Internet Service Provider.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of TAC to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to TAC by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the TAC Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the TAC Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. TAC's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright and Trademarks Agent, TAC,

Juan Kriete Eceiza
Abogado-Lawers
Director Propitec Canarias
Tlf: 922 53 30 78
Fax. 922 53 32 61
e-mail: jkriete@propi.es
web: www.propi.es

Member Disputes
You are solely responsible for your interactions with other TAC Members. TAC reserves the right, but has no obligation, to monitor disputes between you and other Members.

Defamation, Privacy and Youth

As a Free Web Hosting company, with many sites and many being created daily, we are unable to catch all violations as sites are created. Our sites are also edited 24 hours a day and seven days a week, internationally, which makes the task of preventing inappropriate use of our services impossible as the content is being created.

With many young users, we take great pride in allowing these users to express their interests and communicate with others in a positive environment. We understand that many users also use our services for negative purposes, such as defamation of character in the form of libel. We are also aware that many users post information or images of others without the consent of the individuals.

TAC is aware that the person that has created an inappropriate site can do so again, either with our services or using one of the many other services on the web, should we simply delete the site. It is for this reason that we take the approach of confronting the problem in hopes of nurturing a positive reaction from the violator.

If you are a parent and are concerned about a code created by your child, please be informed that your child has full access to the account and can delete both content and the entire site at any time. Due to the many false complaints we receive, we do not freeze or delete a site unless we find a violation of our Terms of Use. Also, if your child has come across a TAC site which you find inappropriate, please inform us of this, but be aware that they most likely found this site after having been given the address from a friend. It might better suit your purposes to address the situation offline as well as reporting it to us.


If you find a site hosted by TAC which is defaming your character, someone you know, your company, or organization, please make sure to use the “N-Watcher”, out in-build feature to report abuse.
Privacy
Use of the TAC Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers
TAC is not responsible for any incorrect or inaccurate Content posted on the TAC Website or in connection with the TAC Services, whether caused by Users of the TAC Services or by any of the equipment or programming associated with or utilized in the TAC Services. Profiles created and posted by Members on the TAC Website may contain links to other websites. TAC is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TAC. Inclusion of any linked website on the TAC Services does not imply approval or endorsement of the linked website by TAC. When you access these third-party sites, you do so at your own risk. TAC takes no responsibility for third party advertisements which are posted on this TAC Website or through the TAC Services, nor does it take any responsibility for the goods or services provided by its advertisers. TAC is not responsible for the conduct, whether online or offline, of any User of the TAC Services. TAC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. TAC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TAC Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the TAC Services. Under no circumstances shall TAC be responsible for any loss or damage, including personal injury or death, resulting from use of the TAC Services, attendance at a TAC event, from any Content posted on or through the TAC Services, or from the conduct of any Users of the TAC Services, whether online or offline. The TAC Services are provided "AS-IS" and as available and TAC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TAC cannot guarantee and does not promise any specific results from use of the TAC Services.

Limitation on Liability
IN NO EVENT SHALL TAC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TAC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TAC FOR THE TAC SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity
You agree to indemnify and hold TAC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TAC Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the TAC Website or through the TAC Services causes TAC to be liable to another.

Other
This Agreement is accepted upon your use of the TAC Website or any of the TAC Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TAC regarding the use of the TAC Services. The failure of TAC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. TAC is a trademark of TAC.S.L.. This Agreement operates to the fullest extent permissible by law.

Internet Safety

TAC is dedicated to its users who create or are affected by sites created using our services. The internet is a vast ocean of information that can be used to express ideas, interests, experiences, INFORMATION, VIDEO, feelings and thoughts, THERE IS NO END TO YOUR CRE-ACTIVITYTM

TAC is a powerful tool enabling our users to easily express these things. It is our goal to make this experience as enjoyable as possible in a clean and respectful environment. We hope that some of these resources will be found useful to you.

Hacking Related Content

There are several definitions which can be applied to hacking related content. Please review the following to better understand the issue and what constitutes hacking related content.
·  Unauthorized use, or attempts to circumvent or bypass the security mechanisms of an information system or network.
·  Means unauthorized access to a computer, its files and programs.
·  Use, create, or distribution or tools or programs intended to alter or enhance the experience of a game or program opposed to the intended use or function of that game or program.
TAC does not allow any program to be hosted on an account which is in violation of copyrights of the creator of the game or program to which the hack is intended. Distribution of legal hacks which may be distributed by the creator of a game or program cannot be hosted without express permission from the copyright holder.
If you find a site hosted by TAC which is using or distributing content in violation of the above definitions, please make sure that you have the following information to submit to TAC.
·  The site address in violation
·  The name of the page(s) that contains the content in question
·  The specific location of the violation
·  Method of violation (distribution, tutorial)

Spam Violations

Although TAC is not an email service provider, we are aware of the growing problem that spam has become on the internet. We are strictly against all spam activity, including mass Emailing, multiple Emailing, multiple posts or mass posting into forums, and flooding of forums or chatrooms with the intent of promoting a site.
To better understand how to define spam, or to report spam activity, please refer to these third-party links:
SpamCop.net
SpamAbuse.net
JunkEmail.org
For TAC to take the proper steps to monitor the spamming activity of our users, we require proper verification of this activity. For proper verification, please report the activity to one of the above sites, and to the Email Service provider from which the spam is coming. First time violators will be warned of the activity. Repeat verified violators will have their sites removed from our system.

If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: report@takeacode.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.