1. Purpose. MyCommunitySite is provided as a restricted-access online service accessible only through the Internet website www.MyCommunitySite.com. In order to access or make use of MyCommunitySite, you must be either 1) a person or entity who has set up an account with us to have access for purposes of creating and maintaining a community association website, or 2) an individual person who accessing information posted to a community association website by their community management.
2. Property. MyCommunitySite, the underlying software that operates it, the Internet website through which it is accessed, the screen displays used or generated in conjunction with it, the HTML used to generate any such displays, and all text, graphics, audio, and other content that make up all or any portion of the foregoing ("Content"), are the sole and exclusive property of the Company . You may not access, view, download, copy, post, publish, reverse engineer, decompile, disassemble, alter, modify, add to, delete from, or prepare derivative works from, any code that is part of the said underlying software. Similarly, you may not reproduce, post, publish, or prepare derivative works from any Content, other than your doing such downloading as is a necessary incident of accessing and making use of MyCommunitySite. Notwithstanding any of the foregoing, you retain ownership of all data which you upload or enter as part of your accessing of MyCommunitySite, and retain as well a royalty-free license in perpetuity as to all outputs generated by MyCommunitySite displaying any compilation or other presentation as to your data.
3. Your Account. Access to and use of MyCommunitySite requires that you first set up an account with us, as part of which account you will need to select a user name and password. In setting up such account, you must provide correct and complete identifying information and must keep all such information current throughout the duration of your account. Unless we so authorize in advance in writing, you may not sell or transfer your account to any third party, nor may you allow a third party to access your account. Notwithstanding the foregoing, you may allow third parties to access your account if each such third party is an individual person who you have authorized to manage content on your site.
5. Prohibitions. You may not do or attempt any of the following: 1) access MyCommunitySite other than through the interfaces and instructions that we provide; 2) breach, circumvent, or disable the security protections or authentication measures of our MyCommunitySite website or of any computer system or network related thereto; 3) probe, scan, or test the vulnerabilities of the MyCommunitySite website or any computer system or network related thereto; 4) interfere with the normal functioning of the MyCommunitySite website or any computer system or network related thereto; 5) make excessive usage of MyCommunitySite that adversely affects the speed, responsiveness, and functionality of MyCommunitySite for other users; 6) interfere with others’ use of MyCommunitySite; 7) upload to MyCommunitySite, or post, link to, transmit, or otherwise cause to be displayed or associated with MyCommunitySite, any content which is unlawful, harassing, threatening, false, misleading, obscene, vulgar, profane, defamatory, or in violation of the rights of any third party (including but not limited to copyright rights, trade secret rights, and any right of publicity or privacy), nor any material that would encourage or incite third parties to do any of the foregoing; 8) upload any files to MyCommunitySite for the purpose of having such files hosted by us and for use in transactions that are not part of the community website for which we are granting you access to MyCommunitySite; 9) upload any files to MyCommunitySite that would use a substantially larger-than-normal amount of computer memory, unless with our prior written consent; 10) access the data of any other person or entity who has an account on MyCommunitySite; 11) deploy to the MyCommunitySite website or any computer system or network related thereto any robot, spider, site search/retrieval application, or any other code designed to surreptitiously retrieve, index, or data-mine any information originating with a third party; 12) introduce into the MyCommunitySite website or into any computer system or network related thereto any virus, malware, worm, Trojan Horse, trap door, time bomb, or other code that is capable of corrupting our own or any third party’s website, system, or network or of destroying any data in same; 13) engage the MyCommunitySite website or any computer system or network related thereto in the generating of chain letters, spam, junk mail, or mass-mailings to persons with whom you have no pre-existing lawful business or associational interest; 14) falsify or obscure your identity when sending any communication through MyCommunitySite; 15) forge any MyCommunitySite TCP/IP packet header or any part of such header- information in any e-mail or newsgroup posting; 16) use MyCommunitySite to collect Social Security numbers or any other form of governmentally-issued personal-identifying number; credit, debit, or other payment card numbers; bank account or other financial account numbers; medical information; or passwords or other security codes meant for restricting access in any setting whether or not related to MyCommunitySite; 17) use MyCommunitySite to collect personally identifiable information on minors except in compliance with the Children’s Online Privacy Protection Act of 1998; 18) use MyCommunitySite to transmit any information or data in violation of any export-control law or regulation; 19) use MyCommunitySite in any way that would subject us to any industry-specific laws or regulations without first fully informing us of same and getting our prior written consent; 20) resell, sublicense, lease, time-share, or otherwise commercialize your access to MyCommunitySite; or 21) use MyCommunitySite for any illegal activity or as part of any cooperative scheme the totality of which would be reasonably anticipated to result in illegal activity.
6. Penalties. Known or suspected violation of any of the foregoing Prohibitions shall be grounds for immediate suspension or termination of your access to MyCommunitySite; shall be grounds for the holding of all files, data, and other evidence relating to the violation in issue; and shall be grounds for seeking and obtaining immediate legal remedies, including but not limited to seeking preliminary and permanent injunctive relief without the necessity of having to plead or prove any actual damage.
7. DMCA Policy. In accordance with the U.S. Digital Millennium Copyright Act, third parties who believe that any content uploaded to MyCommunitySite may be in violation of their rights may direct notice of same to "DMCA Designated Agent, SHYFT Marketing by phone (in the U.S.) to 833-223-2537. We reserve the right to promptly remove any materials which you upload to, post on, or otherwise display on the MyCommunitySite website which a third party alleges to be in violation of their copyright rights and/or which MyCommunitySite finds to be inappropriate or otherwise unsuitable for display. It is our policy to promptly give you notice of any such removing of materials so that you have the opportunity to send us notice contesting what the third party alleges. In appropriate circumstances, we will terminate the accounts of subscribers to MyCommunitySite who are repeat copyright infringers.
11. Legal Disclaimers. In no event shall any access to MyCommunitySite, any material displayed in conjunction with MyCommunitySite, or any output generated by MyCommunitySite, be understood or construed as being legal advice; as bringing into being any attorney-client relationship or any fiduciary relationship; or as approving or verifying any particular election, poll, survey, or other tally, or the methodology or results of same.
12. Warranty Disclaimers. MyCommunitySite is provided to you "as is" and on an "as available" basis. As to theMyCommunitySite website, functionality, and content, and to the fullest extent permitted by law, we make no warranties, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose, other than the purpose of presenting a community association website.
13. Limitation of Liability. To the fullest extent permitted by law, in no event shall we be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages, whether any such damages may be argued to be reasonably anticipated or not. In no event shall our liability to you as to any particular period of time exceed the total amount of fees paid by you to us for your having access to MyCommunitySite for that particular period of time.