TOS

The Agreement between Kinky-Blogging and You

The gist:

We (the folks at Kink Network) run a blog and web site hosting service called Kinky-Blogging.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as domain hosting and extra storage. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items appear on your site or get linked to from your site (things like spam, viruses, or hate content).

If you find a Kinky-Blogging.com site that you believe violates our terms of service, please check our support page.

Terms of Service:

The following terms and conditions govern all use of the Kinky-Blogging.com website and all content, services and products available at or through the website, including, but not limited to, the Kinky-Blogging.com, (taken together, the Website). The Website is owned and operated by Kink Network.  The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Kink Network’s Privacy Policy) and procedures that may be published from time to time on this Site by Kink Network (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Kink Network, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

  1. Your Kinky-Blogging.com Account and Site. If you create a blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Kink Network may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Kink Network liability. You must immediately notify Kink Network of any unauthorized uses of your blog, your account or any other breaches of security. Kink Network will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. By submitting Content to Kink Network for inclusion on your Website, you grant Kink Network a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Kink Network will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, Kink Network has the right (though not the obligation) to, in Kink Network’s sole discretion (i) refuse or remove any content that, in Kink Network’s reasonable opinion, violates any Kink Network’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Kink Network’s sole discretion. Kink Network will have no obligation to provide a refund of any amounts previously paid.
  3. Fees and Payment. Optional premium paid services such as extra storage, domain purchases or hosting are available on the Website. By selecting a premium service you agree to pay Kink Network the monthly or annual subscription fees indicated for that service (the payment terms are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
  4. Additional Services.
    • Fees; Payment. Applicable fees will be invoiced starting from the day your Upgraded Services are established and in advance of using such services. Kink Network reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to Kink Network.
    • Support. Upgraded Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Kink Network to respond within one business day) concerning the use of the Upgraded Services. “Priority” means that support for Upgraded Services customers takes priority over support for users of the standard, free Kinky-Blogging.com blogging services. All Upgraded Services support will be provided in accordance with Kink Network standard Upgraded Services practices, procedures and policies.
  5. Responsibility of Website Visitors. Kink Network has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Kink Network does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kink Network disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Kinky-Blogging.com links, and that link to Kinky-Blogging.com. Kink Network does not have any control over those non-Kinky-Blogging websites and webpages, and is not responsible for their contents or their use. By linking to a non-Kinky-Blogging website or webpage, Kink Network does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Kink Network disclaims any responsibility for any harm resulting from your use of non-Kinky-Blogging websites and webpages.
  7. Copyright Infringement and DMCA Policy. As Kink Network asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Kinky-Blogging.com violates your copyright, you are encouraged to notify Kink Network in accordance with Kink Network’s Digital Millennium Copyright Act (“DMCA”) Policy. Kink Network will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Kink Network or others, Kink Network may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Kink Network will have no obligation to provide a refund of any amounts previously paid to Kink Network.
  8. Intellectual Property. This Agreement does not transfer from Kink Network to you any Kink Network or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Kink Network. Kink Network, Kinky-Blogging.com, and all other trademarks, service marks, graphics and logos used in connection with Kinky-Blogging.com, or the Website are trademarks or registered trademarks of Kink Network or Kink Network’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Kink Network or third-party trademarks.
  9. Changes. Kink Network reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kink Network may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 
  10. Termination. Kink Network may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Kinky-Blogging.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an Upgraded Services account, such account can only be terminated by Kink Network if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Kink Network’s notice to you thereof; provided that, Kink Network can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 
  11. Disclaimer of Warranties. The Website is provided “as is”. Kink Network and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kink Network nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  12. Limitation of Liability. In no event will Kink Network, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kink Network under this agreement during the twelve (12) month period prior to the cause of action. Kink Network shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Kink Network Privacy Policy, Kinky-Blogging Acceptable Usage Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  14. Indemnification. You agree to indemnify and hold harmless Kink Network, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  15. Miscellaneous. This Agreement constitutes the entire agreement between Kink Network and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kink Network, or by the posting by Kink Network of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Iowa, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Story County, Iowa. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kink Network may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.