Terms of Use
Welcome to Lusahn! Before you begin using Lusahn, you must read and agree to these Lusahn Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
Although we may attempt to notify you when major changes are made to these Lusahn Terms of Service, you should periodically review the most up-to-date version. Lusahn may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Lusahn service. In the event of an inconsistency between the Lusahn Terms of Service and one of Lusahn's policies or statements, Terms of Service shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Service.
Lusahn is a web publishing service and optional hosting service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Lusahn disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Lusahn also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Service. Lusahn reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use.
You agree that you are responsible for your own use of the Service, for any content posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the Lusahn Content Policy and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the Lusahn Content Policy, you should periodically review the most up-to-date version. Lusahn may, in its sole discretion, modify or revise the Lusahn Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the Lusahn Content Policy, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Lusahn reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of Lusahn.co.za -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who created such content. Lusahn does not monitor the content of Lusahn.co.za, and takes no responsibility for such content. Instead, Lusahn merely provides access to such content as a service to you.
By their very nature, Lusahn.co.za may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Lusahn.co.za.
Lusahn does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
3. Privacy.
As a condition of using the Service, you agree to the terms of the
Lusahn Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Lusahn may access or disclose your personal information, including the content of your communications, if Lusahn is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general Lusahn Privacy Policy. Personal information collected by Lusahn may be stored and processed in the United States or any other country in which Lusahn Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
4. General Practices Regarding Use and Storage.
You agree that Lusahn has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Lusahn retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of the Service.
Lusahn takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Lusahn have any obligation to monitor such third-party content. Lusahn reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Lusahn also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Lusahn, its users and the public. Lusahn will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights.
Lusahn's Intellectual Property Rights. You acknowledge that Lusahn owns all right, title and interest in and to the Service, including all intellectual property rights (the "Lusahn Rights"). Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Lusahn Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights.
Lusahn claims no ownership or control over any Content submitted, posted or displayed by you on or through Lusahn services.
You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Lusahn services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Lusahn services which are intended to be available to the members of the public, you grant Lusahn a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Lusahn services for the purpose of displaying and distributing Lusahn services. Lusahn furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any materials on or through the Lusahn service or Lusahn.co.za under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using Lusahn service tools to do so. For avoidance of doubt, Lusahn is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Lusahn may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
7. No Resale of the Service.
Unless expressly authorized in writing by Lusahn, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
Exluding Components offering e-commerce features on your own website
8. Publicity.
Any use of Lusahn's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "Lusahn," "Lusahn.co.za," must be in compliance with this Agreement and in compliance with Lusahn's then current Brand Features use guidelines.
9. Representations and Warranties.
You represent and warrant that (a) all of the information provided by you to Lusahn to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination; Suspension.
Lusahn may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
11. Indemnification.
You agree to hold harmless and indemnify Lusahn, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Lusahn will provide you with written notice of such claim, suit or action.
12. Entire Agreement.
This Agreement constitutes the entire agreement between you and Lusahn and governs your use of the Service, superseding any prior agreements between you and Lusahn. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Lusahn services, affiliate services, third-party content or third-party software.
13. Waiver and Severability of Terms.
The failure of Lusahn to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
14. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Lusahn services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Copyright Information.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please contact us for information on how to file or respond to a notice of infringement.
Content Policy
Lusahn Websites is a service for self expression and a free way to get online fast and easy.
We respect our users' ownership of and responsibility for the content they choose to share. It is our belief that censoring this content is contrary to a service that bases itself on freedom of expression.
In order to uphold these values, we need to curb abuses that threaten our ability to provide this service and the freedom of expression it encourages. As a result, there are some boundaries on the type of content that can be hosted with Lusahn. The boundaries we've defined are those that both comply with legal requirements and that serve to enhance the service as a whole.
Content Boundaries
Our content policies play an important role in maintaining a positive experience for you, the users. Please respect these guidelines. From time to time, we may change our content policies so please check back here. Also, please note that when applying the policies below, we may make exceptions based on artistic, educational, documentary, or scientific considerations or where there are other substantial benefits to the public from not taking action on the content.
Adult Content:
We do allow adult content on Lusahn, including images or videos that contain nudity or sexual activity.
Child safety:
We have a zero tolerance policy towards content that exploits children. Some examples of this include:
Child pornography:
We will terminate the accounts of any user we find publishing or distributing child pornography. We will also report that user to law enforcement.Pedophilia:
We do not allow content that encourages or promotes sexual attraction towards children. For example, do not create websites with galleries of images of children where the collection of images or text accompanying the images is sexually suggestive.
Hate Speech:
We want you to use Lusahn to express your opinions, even very controversial ones. But, don't cross the line by publishing hate speech. By this, we mean content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity. For example, don't write a website saying that members of Race X are criminals or advocating violence against followers of Religion Y.
Crude Content:
Don't post content just to be shocking or graphic. For example, collections of close-up images of gunshot wounds or accident scenes without additional context or commentary would violate this policy.
Violence:
Don't threaten other people on your website. For example, don't post death threats against another person or group of people and don't post content encouraging your readers to take violent action against another person or group of people.
Copyright:
It is our policy to respond to clear notices of alleged copyright infringement. More information about our copyright procedures can be found
here. Also, please don't provide links to sites where your readers can illegally download other people's content.
Personal and confidential information:
It's not ok to publish another person's personal and confidential information. For example, don't post someone else's credit card numbers, Social Security numbers, unlisted phone numbers, and driver's license numbers. Also, please keep in mind that in most cases, information that is already available elsewhere on the Internet or in public records is not considered to be private or confidential under our policies.
Impersonating others:
Please don't mislead or confuse readers by pretending to be someone else or pretending to represent an organization when you don't. We're not saying you can't publish parody or satire - just avoid content that is likely to mislead readers about your true identity.
Illegal activities:
Don't use Lusahn to engage in illegal activities or to promote dangerous and illegal activities. For example, don't author a website encouraging people to drink and drive. Otherwise, we may delete your content. Also, in serious cases such as those involving the abuse of children, we may report you to the appropriate authorities.
Spam:
Spam takes several forms in Lusahn, all of which can result in deletion of your account or website. Some examples include creating websites designed to drive traffic to your site or to move it up in search listings and posting comments on other people's websites just to promote your site or product.
Malware and viruses:
Do not create websites that transmit viruses, cause pop-ups, attempt to install software without the reader's consent, or otherwise impact readers with malicious code. This is strictly forbidden on Lusahn.
Enforcement of Lusahn's Content Policy
If you encounter a Website that you believe violates our content policies, please report it to us by sending a e-mail to us.
Our team reviews these flags for policy violations. If the Website does not violate our policies, we will not take any action against the Website or Website owner. If we find that a Website does violate our content policies, we take one or more of the following actions based on the severity of the violation:
- Put the Website behind an interstitial where only the Website author can access the content
- Delete the Website
- Disable the author's access to his/her Lusahn account
- Delete the author's Lusahn acount
- Report the user to law enforcement
