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 Arab Student Discussion Forums : Register New User
Forum Rules and Policies

Acceptable Use Policy (AUP)

 

Please read this document very carefully as it constitutes a binding contract between you and ArabStudent.Org. Throughout this document, this document will be also referred to as "terms and conditions" whenever deemed fit.

 

Introduction

(Our or this) site, website, web site, or anything similar to that syntax denotes ArabStudent.Org or any personal site that belongs to any of our members that is hosted on our network.

ArabStudent.Org, acting as (“we” or “us”), recognizes you to belong to one of two categories of users or viewers of our web site:

A. Memers of ArabStudent.Org.

B. Non-members of ArabStudent.Org.

This is an agreement between you and ArabStudent.Org regarding your use of our web site, hosting service, publishing service, forum service, email service, or any other service utilizing our website or network (the “Service(s)”). This Acceptable Use Policy, or “AUP”, supplements your general terms and conditions with us and establishes your rights and obligations when using any of our Services and incidentally, our network and the network of our suppliers.

Note that should you become a member of ArabStudent.Org, these terms and conditions will govern your membership. By accessing, using, printing, installing, or downloading any material from the Site, or becoming a member to the Site, you agree to be bound by these Terms and Conditions. This Agreement is intended to be governed by the Electronic Signatures Act. You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words “I accept,” "I agree," or similar syntax or meaning to indicate that you have accepted this agreement.

If you do not agree to these terms and conditions and do not want to be bound by them, you must exit our site immediately and you may not access the site, print any material, or use any of our services. You may access this site and use any of our services only in accordance with these terms and conditions.

 

Revisions

We reserve the right to modify this AUP and change the terms and conditions embodied within it at any time and in our discretion. It is your obligation to constantly check for updates and changes made to the AUP. Your continued use of the Services of ArabStudent.org after any changes to the AUP have been made constitutes your acknowledgment and acceptance of these changes.

 

Cost and Fees

Accessing or becoming a member of ArabStudent.Org is free. However, ArabStudent.Org may not be held responsible for any charges by third parties, such as Internet Service Provider (ISP) charges, airtime charges, cost of equipment needed to access the site, etc...

 

Age of Majority

You represent and warrant that you have reached the age of majority, which is usually but not exclusively 18 or 21 years of age, depending on your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you have not reached the age of majority, you must exit our site immediately and may not use or access the site or print or download any materials from it or use any of our services. Additionally, ArabStudent.Org does not assume any responsibility or liability for any misrepresentations regarding your age.

 

Membership

Membership may not be transferred or sold to any third parties.  Furthermore, ArabStudent.Org assumes no liability arising from fradulent use or access to the site. It you fradulently use or obtain access to the site, ArabStudent.Org shall terminate your use, access, and membership immediately and take all the necessary and appropriate actions under the applicable state, federal, and international law.

Registration

You are responsible for providing all equipment and the computer necessary to access the site. You may become a member of the site by completing an online registration form. Upon submission of the online registration form, the site or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform the Site of all changes, including, but not limited to, changes in your address. If you provide any information that is untrue, inaccurate, not current or incomplete, or the site or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the site has the right to suspend or terminate your account and refuse any and all current or future use of the site.

Member Account, Password and Security

As part of the registration process, you will select a unique user name and password which you must provide in order to post new threads, edit your posts, reply to other user’s threads, send private messages to other users, and otherwise gain access to the non-public portion of the site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the site to anyone who is below the age of majority in your state or country. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. The site will not release your password for security reasons. You agree to (a) immediately notify the site of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the site until you notify the site by email regarding that unauthorized use. Unauthorized access to the site is illegal and a breach of this Agreement.

Change of Alias

You may request to change your alias on our site. It is entirely up to the administration of the site to approve the change.

Multiple Aliases

ArabStudent.Org may tolerate users obtaining multiple aliases but it certainly discourages such practices and reserves the right to terminate all or partial access to the site for any person who obtains multiple aliases. Furthermore, if such duplicate aliases are used for abusive purposes, ArabStudent.Org reserves the right to expose such duplicate identities for the general good of the community.

Classes of Members

ArabStudent.Org recognizes various categories of members, listed below by the order of privileges, with most privileged category listed first:

  1. Authentic Members: These members are privileged to govern the site, vote, nominate themselves and others for critical administrative positions in the site, determine the site's policies, and get involved in other aspect of the site in a democratic manner. The critirea to become an authentic members is very simple and straightforward. To further read about this subject, visit the following links. How to become an Authentic Member and Suspension of Authentic Privileges.
  2. Privileged Members: These are any users that are suspected but not certain to be authentic members. They are not entitled to be a part of the governing process of the site but they are involved in all of its other democratic functions and have almost all of the other privileges granted to the Authentic Members.
  3. Regular Members: These are all other members that have provided a valid email address but their privileges on the site are limited to posting and participating in discussions.
  4. Members-To-Be: Are not actual members but do act as members with very limited privileges. For the most part, they act as guests with a limited capacity to post and participate in discussions. Their participation may be moderated if an excessive level of hostility and aggression towards other members are observed. As a relaxed policy for membership, it is an attempt by ArabStudent.org to encourage your anonymous participation on our discussion forums. Having that privilege does not constitute a membership. When you join the site, until your membership is approved, you are considered a member-to-be. Almost always, members-to-be become members very quickly once they provide us with a valid email address. ArabStudent.org evaluates the activity of activity the interested party to determine the conversion of status.

    In determining its decision, ArabStudent.org does not discriminate based on the intellectual orientation, religion, political affiliation, race, and gender of the member-to-be, but rather on the activity of the member or lack thereof.

Member-to-be on Probation

Consistent and obvious aggression by a member-to-be against anyone that belongs to the ArabStudent.org community, especially if unprovoked, is a critical factor in making that determination. If a consistent pattern of aggression and abuse of other members is observed by a member-to-be, not only will the approval of the membership be on hold, but the member-to-be may be placed on probation for at least 30 days.

When placed on probation, the member-to-be may still participate in all discussions. However, with the exception to any posts made in The Limbo forum, all of his or her posts will be automatically invisible to others until made visible by a moderator or an administrator.

Suspension of Authentic Privileges

The privileges associated with authentic members are subject for suspension if the authentic member spent more than four consequetive months without ever visiting the site, at which even his or her membership may be downgraded.

To restore the status of being Authentic member, the member must send a request to an administrator asking for the restoration of such privileges. To do so, the member must provide his or her private information all over. However, the authenticated member may not start participating in the democratic processes of the site before a month period of time has passed by without the member showing any gaps of activity that last more than a week at a time.

Termination of Membership

ArabStudent.Org may terminate your access or membership for any reason and at anytime, with or without advance notice, especially if: (a) we believe that you have breached any material term of these terms and conditions or (b) we decide to cease operations or to otherwise discontinue the site. Further, you agree that neither site nor any third party acting on site’s behalf shall be liable to you for any termination of your access to the site. You agree that if your account is terminated by site, you will not attempt to re-register as a member without prior written consent from site. The termination of your account does not obligate us from removing any data that belongs to you, such as posts, messages, or any other files or configurations that may belong to you for the sake of data integrity, such as existing discussions, etc... We reserve the right to maintain your account for as long as it deems necessary.

 

Content (IMPORTANT)

This Site contains newsworthy stories, images, and discussions. All content displayed on this site is protected by the First Amendment rights to Free Speech, Free Expression and Freedom of the Press. ArabStudent.Org firmly believes that the public’s Right to Know is best served by uncensored access to newsworthy information and discussions. We also believe that the best judge of appropriate information retrieval is you, not the government or third parties. We believe in persuation not coercion to resolving conflicts of opinions. Thus, we therefore offer you the broadest selection of newsworthy content available on the Internet, and allow you to decide for yourself what information you desire to receive and accept. ArabStudent.Org is merely a venue for the dissemination of information, and is therefore deemed an “Internet Access Provider” under Section 230 of the Communications Decency Act of 1996. Therefore, this site and its owners and agents are immune from all claims and suits based on the content of the communications passing through our servers. You acknowledge that the Site may offer online content that could be deemed “adult” or “erotic” in nature. Additionally, you are on notice that some of the information presented on the site may contain graphic depictions and descriptions of explicit, offending, disturbing or graphic newsworthy activities, or any material that may offend your religious, social, or political beliefs and views. You acknowledge that you are aware of the nature of the content provided by this site, that you are not offended by such content and that you access the Site freely, voluntarily and willingly. You are further aware of the community standards of your community, and only access the content on this site if you believe, upon diligent investigation, that the content on this site does not offend the community standards prevalent in your community. You further agree not to use or access this site if doing so would violate the laws of your state, province or country.

Control over Content

Liability

The Site disclaims any and all liability arising from damages incurred while on the site including but not limited to fraudulent user statements, identity theft, or technical difficulties relating to the site, to the extend permitted under the laws of your state, if such limitations control in light of the choice of law provision contained in this agreement. In consideration of user’s access to the site, user hereby agrees to hold the site harmless for all damages and liabilities arising from a user accessing or using the Site including but not limited to claims for copyright infringement, emotional distress, and defamation.

The site's Forums area was designed for users to share and express ideas and information. The site functions as an Internet Access Provider, and does not control or regulate the content of materials or communications made available on the site, which may be offensive, harmful, inaccurate, or deceptive to other users, companies or individuals. The site advises users to be cautious, practice safe communications, and be aware that other users may be acting under false pretenses.

We may also provide access to various forms of content that are available over the Internet but do not screen all the information available over the Internet. We reserve the right, but do not assume the responsibility, to block or limit access to general categories of content that we, in our sole discretion, deem to be harmful, offensive, illegal, obscene or otherwise in violation of this AUP.

We are not responsible for any material, data, images or information access, transmitted, distributed, linked to, or stored during your use of our site or services. In particular, we do not warrant the quality or accuracy of such material, data, images or information. You use the site, our services, or the any material, data, images or information solely at your own risk and such use is subject to all applicable laws and regulations.

Certain information transmitted or displayed using the Internet may be illegal and you may be liable under certain laws for accessing, transmitting, distributing or storing such information. You acknowledge that under applicable laws or regulations, we may, under certain circumstances, such as the initiation of a criminal investigation, be required to provide to legally authorized entities access to information we maintain about you, including your use of our site or services and decoding keys of information belonging to you. We reserve the right to monitor the use of our site or any service we offer and we will cooperate fully with any authority requesting such information. In all such cases, we will not be liable for any damages resulting from our provision of such information to authorized entities.

By accepting this agreement, you acknowledge that you understand and read every statement in this agreement and will not make any attempts or allege to hold us responsible for any content, including language, opinions, discussions or graphics that might be viewed on the Internet using our site or its our services.

Links and Linking

Some websites which are linked to the Site are owned and operated by third parties. Because the Site has no control over such sites and resources, you acknowledge and agree that the Site is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. Third party links to websites or advertisements are not endorsed by the Site, but are for the user's convenience and should be accessed at user’s own risk. You agree to hold the Site harmless from any and all damages and liability that may result from links appearing on the Site. You further agree not to post links to any site containing any content relating to obscenity, child pornography, password trading, hacking, rape, bestiality, copyright infringement, or hate speech. Violations of this acceptable posting policy are grounds for immediate termination. The ArabStudent.org Forums reserves the right to remove, edit, close or rearrange any message, threads, or images for any and all reasons, but is not obligated to remove such content.

You Promise To Notify ArabStudent.Org

If you find any illegal material or links to illegal material published or posted on our site, you are obligated to notify us immediately with the nature, date, time, and location on the site of such material so we can take the appropriate actions. If you fail to do so, ArabStudent.Org assumes no liability arising from the existence of such material on its web site.

 

Your Use of the Service

Access

To access the site or some of the resources we have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all information you provide will be correct, current, and complete. If the site believes the information you provide is not correct, current, or complete, the site has the right to refuse you access to the site or any of its resources, and to terminate or suspend your access at any time. Subject to these terms and conditions and in consideration of using the site, we hereby grants you a limited, nonexclusive, nontransferable personal license to access the site and the materials contained therein. Provided that you are a member in good standing to the site, you may cache the materials onto a single computer for your personal, non-commercial internal use only. All materials on the site shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of any of the site, or any of the materials contained therein. Any unauthorized use of the site or any of the materials contained therein terminates this limited license effective immediately. This is a license to use and access the site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.

Interference

User hereby agrees not to use any automatic device or manual process to monitor or reproduce the site, and will not use any device or software to interfere or attempt to disrupt the site or any communications on it.

Restrictions on Use of Site

You may use the Site for purposes expressly permitted by the site. You may not use the Site for any other purpose, including any commercial purpose, without the site’s express prior written consent. Without the express prior written authorization of the site, you may not: (a) duplicate a site or any of the materials contained therein; (b) create derivative works based on the site or any of the materials contained therein; (c) use the site or any of the materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Site or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the site or any of the materials contained therein; (f) frame or utilize any framing techniques in connection with the site or any of the materials contained therein; (g) use any meta-tags or any other “hidden text” using the site’s name or marks; (h) “deep-link” to any page of the Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Site); (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials or any of your rights to access and use the materials as permitted by the site; or (m) bookmark any page of the Site beyond the registration log-in screen. You agree to cooperate with the site in causing any unauthorized use to cease immediately. At any time, if the site provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any illegal, defamatory, or harmful material while using the site or other services included on the site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.

 

Unlawful Use of the Service

Provide The References and Sources of Your Articles

You must clearly show the source for all the material you post on the site in every post of yours. Failure to do so may result in the loss of your posting privileges.

Post Only Legal Material

You acknowledge that our site is intended to contain only images protected by the First Amendment to the United States Constitution. By using our site, you agree to post only newsworthy material and expressly agree not to post any material that is not considered protected communications under the First Amendment. You agree not to post any material that violate any state, federal, or international law. If you are seeking information regarding illegal activities, please leave our site immediately. You are encouraged to check with local law enforcement authorities to determine if any proposed messages or activities violate legal restrictions.

Our site and services may only be used for lawful purposes. You may not transmit, distribute or store certain material, which include but are not limited to the following: threatening, fraudulent, defamatory, or otherwise illegal information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability; that discriminate on the grounds of ethnic appearance, religion, sex, culture, origin or otherwise; or otherwise violate any applicable laws or regulation. You specifically agree that you will not transmit information in violation of any export or intellectual property laws. Furthermore, you may not facilitate, aid or encourage any of the above activities.

Harmful Material

You may not knowingly transmit, distribute or store any information or software that contains a virus, worm, or "trojan horse;" tools used to compromise the security of other sites, networks, or services; tools used to collect e-mail addresses for use in sending bulk e-mail or tools used to send bulk e-mail (each category referred to as “Harmful Material”). To the extent that you transmit, distribute or store any Harmful Material, or Harmful Material is transmitted, distributed or stored through or on your Service without your knowledge, we retain the right to suspend your Service while resolving any problems that may arise from the transmission, distribution or storage. Also, you may not repair, modify or tamper with our network or insert any programs, data or information in our network.

No Child Pornography

If you seek any form of child pornography, you must exit this site immediately. You acknowledge that all images on our site are newsworthy, and that our site contains no child pornography. We take a strong and definite stand against child pornography. If you see on our site any images or links to images, real or simulated, depicting minors engaged in sexual activity within the site, please report the images to ndouchi@hotmail.com. Include with your report any appropriate evidence, including the date, time, and location on the site. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users’ limit minors’ access to harmful material.

Rights of Third Parties and Violations Of Copyrights Laws

You may not transmit, distribute or store any information, software or other material that is protected by copyright or other proprietary rights (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder. You may not transmit, distribute or store any unlicensed software. We will cooperate fully with any authority arising from the violations of this provision.

You may not post any material protected by the U.S. or International copyright laws without the owner's conscent. By posting such material, you imply that you can produce to us evidence of such conscent. Failure to provide such a proof upon request will result in the removal of such material and may result in the termination of your membership. To learn about exceptions to copyright laws, visit the following link: http://www.arabstudent.org/aso/Discussions/webwizforums/foru m/forum_posts.asp?TID=109

Furthermore, if you find any material on our site that is of violation of the U.S. or International copyrights laws, you are obligated to notify us immediately. If you fail to do so, you may not hold ArabStudent.Org liable for the existence of such material on its web site.

E-mail

You may not:

  • use the Services to transmit any unsolicited e-mail, also known as "spam". You are also prohibited from engaging in any activities that have the effect of facilitating unsolicited e-mail. Below is our Anti-Spam policy, which you agree to review and follow.

  • send, propagate, or reply to mailbombs, which refers to either e-mailing copies of a single message to many members, or sending large or multiple files or messages to a single user with malicious intent;

  • transmit repeated, unsolicited and or unwanted communication of an intrusive nature or is otherwise illegal;
  • alter the headers of e-mail messages to conceal your e-mail address or to prevent others from responding to messages
  • post or transmit scams such as "get-rich-quick" schemes, pyramid schemes or chain-letters;

  • make fraudulent offers of products, items, or services originating from your account.

  • represent or acting on behalf ArabStudent.org to any person, institution, corporation, or any legally recognized entity representing ArabStudent.org without an explicit concent by ArabStudent.org.

Violations of these e-mail policies can sometimes result in massive numbers of e-mail responses. If you receive so much e-mail that our resources are affected, we may block access to your Service.

 

Usenet/Discussion Forums/Chat Rooms

We may investigate complaints regarding posts of violative material to any forum on our website or on your own personal website as hosted by ArabStudent.org and may, in our sole discretion, take action based on the rules below. Criteria for determining whether a post is inappropriate include, but are not limited to, the written rules of discussions or chat rooms, the established forums conventions outlined below, the system resources consumed by the posting, and applicable laws. Forums or Usenet news articles posted using our services must comply with the written rules of the site or the forum to which they are posted. If a forum or newsgroup does not have a set of rules, its title may be considered sufficient to determine the general topic of the newsgroup. You are responsible for determining the rules of a forum or a newsgroup before posting to it. You may only advertise in newsgroups that specifically permit them in the rules. You may not alter the headers of posts to forums or Usenet to conceal your email address or to prevent others from responding to posts.  Only the poster of a forum or a Usenet article or ArabStudent.org (or its suppliers) have the right to cancel the article. You may not use our resources to cancel articles that you did not post, unless you are the moderator of a formally moderated forum or newsgroups. You may not attempt to "flood" or disrupt forums or Usenet newsgroups by posting a large number of messages to a newsgroup, which contain no substantive content, to the extent that normal discussion in the group is significantly hindered.

 

Collection of Personal Data

You may not use the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

 

Limitations on Use

Your Service may have limitations on mailbox capacity, disk space, traffic usage and SMTP relay. You agree to comply with the limitations that we establish in accordance with your member agreement or as may be updated in this AUP in the future.

 

Network Security

You may not violate the security of or tamper with our systems or networks. You may also not violate the security of or tamper with third party systems or networks through use of the Service. We will investigate incidents involving such violations. We may involve and will cooperate with law enforcement agencies, if required. We reserve the right to release your contact information if involved in violations of system security to system administrators at other sites in order to assist them in resolving security incidents. Your Service may immediately be shut down while we perform such investigations. Examples of system and network security violations include but are not limited to the following:

  • Unauthorized Access. You may not use the Service to access or use data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or a network or to breach security or authentication measures without express authorization of the owner of the system or network. Legitimate scanning or probing with the owner's permission, sometimes referred to as "Ethical Hacking", is permitted.
  • Unauthorized monitoring. You may not use the Service to monitor data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with others. You may not use the Service to interfere with service to any other user of the Internet, including without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging Headers. You may not modify message headers or any part of the header information in any transmission to mask the originator of the message.
  • Passwords. You are responsible for protecting your password and for authorized or unauthorized use made of your password.
  • Access. You will not access our network from more than one location simultaneously unless we agree otherwise.
  • You will not allow the server or the Service to be involved in any attack or security violation on another server or system.

You will be liable without limitation for labour charges to rectify any damage, or to deal with complaints, resulting from such an attack or violation initiated from your server, to the extent applicable.

 

Additional Information Regarding Your Use of the Service

We may at any time investigate suspected violations of this AUP. During any investigation in which we reasonably believe that you may have violated this AUP, or in the event of an actual violation of this AUP, your Service may be suspended or terminated or we may perform such other action as we deem appropriate, including but not limited to removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, and/or terminate your account for any Service.

If you engage in any activities that cause damage to our members, our suppliers, or us, we reserve the right to suspend or terminate your Service as well as pursue a claim against you, including monetary damages to address economic losses that may occur. Nothing contained in this AUP shall be construed to limit our rights and remedies, and we hereby reserve all such rights and remedies that may be available at law or in equity. Violations of this AUP may also subject you to criminal or civil liability.

You agree to indemnify us and hold us harmless from any and all claims, damages, losses, and expenses (including attorneys' fees and expenses) resulting from or allegedly resulting from your use of the Service whether or not such use is found to be in violation of any statute, rule or regulation.

If you are the member of record, you will be responsible for all use of your Service, even if another person has used it in violation of this AUP.

 

Notice to Web Service Users

We will investigate complaints regarding inappropriate material on your web sites transmitted using our services and network. In our sole discretion, we may require that the material be removed or take action as outlined above.

 

Your Access to other Networks

In addition to the requirements set out in this AUP, any time you access another network through our site or our services, you must comply with that network's rules.

 

Reporting Violations of this AUP

Anyone who believes this AUP has been violated or would like to notify us about spam on our network should contact: ndouchi@hotmail.com.

 

Enforceability

In the event that any portion of this AUP is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right. This AUP shall be governed by and construed in accordance with the laws of the United States without regard to its conflicts of law provisions.

 

Anti-Spam Policy

ArabStudent.org has no tolerance for unsolicited email, commonly known as “Spam”, regardless of whether it originates from our members or other third parties. “Unsolicited Email” is defined as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions.

All our members shall not send nor permit their services provided by our site to be used for sending Unsolicited Email. Email senders are required to maintain records that verify, on a case by case basis, that explicit affirmative permission was obtained from recipients prior to sending emails. Lack of such records will suggest that no permission was obtained by the recipient. All our members must abide by this policy.

 

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Liability Limit

IN NO EVENT SHALL THE SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF THE SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SITE’S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION OR $10.00, WHICHEVER IS GREATER. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnity

You agree to defend, indemnify, and hold harmless the Site, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions. The Site shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. The Site may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.

 

No Agency Relationship

Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

 

Notices

Notice

Any notice required to be given under this Agreement may be provided by email or personal delivery by commercial carrier such as FedEx or Airborne.

Change of Address

Either party may change the address to which notice is to be sent by written notice to the other under any provision of this paragraph.

 

Trademark Information

The term “ArabStudent.org” is a service and trade mark of ArabStudent.Org and its owner, Nour Douchi. The site’s logo, domains, service marks, and trademarks may not be used publicly except with the site’s written permission. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. The site’s marks may not be used publicly except with express written permission from the site, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Site.

 

Copyright Information

The material and content accessible from the site, and any other World Wide Web site owned, operated, licensed, or controlled by ArabStudent.org (collectively, “Materials”) is the proprietary information and valuable intellectual property of ArabStudent.org or the party that provided the materials to the site, and the Site or the party that provided the Materials to the site retains all right, title, and interest in the materials. Accordingly, the materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the site, except that you may print out a copy of the materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates the site’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site. All content included on the site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of the site or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on each Site is the exclusive property of the Site or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.

 

Notice of Claimed Infringement

The Site respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Site’s Copyright Agent the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on a Site;

(d) your address, telephone number, and email address;

(e) a 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; and

(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to:

ndouchi@hotmail.com

Please do not sent other inquires or information to our Designated Agent.

 

Notice and Takedown Procedures

The Site implements the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement. The site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The site’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The Site reserves the right to modify, alter or add to this policy, and all users should regularly check back to these terms and conditions to stay current on any such changes.

 

Export Control

You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

 

Force Majeure

The Site shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to natural disasters, war, riot, embargoes, acts of civil or military authority, terrorism, fire, flood, fiber cuts, strikes, or shortages in transportation, facilities, fuel, energy, labor or materials, failure of the telecommunications or information services infrastructure, hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay the site’s performance.

 

General Provisions

Governing Law

These Terms and Conditions and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws of the State of California, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of California. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Los Angeles County, California.

Rights to Injunctive Relief

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

Binding Arbitration

If there is a dispute between the parties arising out of or otherwise relating to these terms and conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law and unemployment insurance claims. The arbitration shall be conducted in Seminole County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these terms and conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these terms and conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

Severability

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these terms and conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these terms and conditions will continue in full force and effect.

Attorney’s Fees

In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.

No Waiver

No waiver of the site shall be deemed a waiver of any subsequent default of the same provision of these terms and conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these terms and conditions.

Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these terms and conditions. All titles or headings on the site are likewise included for convenience, and shall not be construed to add or detract from any meaning of the content following or tied to the title or heading.

Complete Agreement

These terms and conditions constitute the entire agreement between the parties with respect to your access and use of the site and the materials contained therein, and your membership with the site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific materials downloadable from the site). No amendment to or modification of these terms and conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

 

Government Rights

The software elements of the materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.

Other Jurisdictions

ArabStudent.Org makes no representation that the site or any of the materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.

ArabStudent.Org reserves the right to change the site at any time. Users may contact the site at ndouchi@hotmail.com  in order to receive further information about the site.

COMPLAINTS – CALIFORNIA RESIDENTS

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.



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