Terms of Service

Revision date: 30 October, 2011

ogaugehobbyist.com reserves the right to amend any or all of the following policies, guidelines and disclaimer without notification.

Account Activation

By activating your account with ogaugehobbyist.com, you agree to the following policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and limitation of liability, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, we will advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

All services provided by ogaugehobbyist.com (“O Gauge Hobbyist”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ogaugehobbyist.com from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to ogaugehobbyist.com‘s servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • pirated software
  • hacker programs or archives
  • Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY AND WITHOUT NOTICE. ADDITIONALLY, ogaugehobbyist.com WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of ogaugehobbyist.com is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without notice.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

ogaugehobbyist.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ogaugehobbyist.com‘s servers going off-line or being unavailable for any reason whatsoever. Furthermore, ogaugehobbyist.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any content from one of ogaugehobbyist.com‘s servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to publisher@ogaugehobbyist.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Acceptable Use Policy (AUP)

As a provider of Internet-related services, ogaugehobbyist.com offers its customer (also known as “Subscribers”) the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. ogaugehobbyist.com respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ogaugehobbyist.com reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, ogaugehobbyist.com has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using ogaugehobbyist.com‘s services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that ogaugehobbyist.com cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because ogaugehobbyist.com cannot monitor or censor the Internet, and will not attempt to do so, ogaugehobbyist.com cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that ogaugehobbyist.com does not take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over ogaugehobbyist.com‘s network and may reach a large number of people, including both subscribers and non-subscribers of ogaugehobbyist.com, subscribers’ postings to the Internet may affect other subscribers and may affect ogaugehobbyist.com‘s goodwill, business, reputation or operations. For these reasons, subscribers violate ogaugehobbyist.com policy and the Service Agreement when they, their family members, affiliates or subsidiaries engage in the following prohibited activities:

  • Spamming: sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ogaugehobbyist.com, but also because it can overload ogaugehobbyist.com‘s network and disrupt service to ogaugehobbyist.com‘s subscribers. When a complaint is received, ogaugehobbyist.com will investigate and remove the account that is SPAMing. ogaugehobbyist.com reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should ogaugehobbyist.com choose to pursue and prosecute.
  • Adult-Oriented Content: ogaugehobbyist.com does not allow adult content and will suspend/terminate any offending account.
  • Obscene Speech or Materials: using ogaugehobbyist.com‘s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ogaugehobbyist.com is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
  • Defamatory or Abusive Language: using ogaugehobbyist.com‘s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
  • Forging of Headers: forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
  • Illegal or Unauthorized Access to Other Computers or Networks: accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
  • Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
  • Facilitation a Violation of this AUP: advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
  • Export Control Violations: exporting encryption software over the Internet or otherwise, to points outside the United States.
  • Other Illegal Activities: engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
  • Other Activities: engaging in activities, whether lawful or unlawful, that ogaugehobbyist.com determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ogaugehobbyist.com will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with ogaugehobbyist.com‘s policy or applicable law. However, when ogaugehobbyist.com becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, implementing screening software designed to block offending transmissions, denying access to the our site, or any other action deemed appropriate by ogaugehobbyist.com.

ogaugehobbyist.com will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. ogaugehobbyist.com may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ogaugehobbyist.com may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. ogaugehobbyist.com assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, ogaugehobbyist.com may disclose subscriber information or information transmitted over its network where necessary to protect ogaugehobbyist.com and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ogaugehobbyist.com will never sell information to other services or outside companies.

ogaugehobbyist.com wishes to emphasize that, in becoming a subscriber, all subscribers indemnify ogaugehobbyist.com for any violation of the Service Agreement, law or ogaugehobbyist.com policy resulting in loss to ogaugehobbyist.com or the bringing of any claim against ogaugehobbyist.com by any third party. This means that, if ogaugehobbyist.com is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against ogaugehobbyist.com, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including ogaugehobbyist.com and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to publisher@ogaugehobbyist.com.