HotDoodle is a web-based service offered by Metabyte®, Inc. from the domain www.Hotdoodle.com (hereinafter “HotDoodle” or the “Service”). This Terms of Service/Member Agreement (“Agreement”) covers your use of and/or account with the Service, including creating, building and/or editing a website(s), hosting services and tools, and/or participating in on-line forums and activities through the Service. You can join the Service by creating an account, and building your own website(s) for business or personal use. The Service offers free and paid subscription plans.

Portions of the Service are publicly available to all visitors to the HotDoodle.com website. Other portions of the service are available only to registered members (“Members”). This Agreement applies to both visitors to the Service and Members. By registering an account (“Member Account”) with the Service, or by using the Service in any manner, you acknowledge and agree to the terms stated in this Agreement.

Please note that this Agreement does not govern the specific terms of use or other practices of the websites created, built or edited by a HotDoodle Member or visitor. When creating their own websites, HotDoodle Members may chose to implement their own terms of service and/or related website policies. This Agreement, however, governs only the agreement between HotDoodle on the one hand and the visitors to and Members of the HotDoodle Service on the other.

HotDoodle reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms at this website, http://www.HotDoodle.com/?section=Terms. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the HotDoodle.com website. If we make changes, we will post them and will indicate at the top of this page the Agreement’s effective date. We therefore encourage you to refer to this Agreement on an ongoing basis so that you understand the current Agreement. Your continued use of the Service indicates your acceptance of the current Agreement.

HotDoodle strives to provide the best possible service to all its customers. To that end, we will not tolerate any unlawful activity or abuse of our servers. We also respect freedom of speech and expression unless it is harmful to others. The requirements set forth in this section are a condition of using the Service, and as such you agree to all of the following:

• a) You must be a registered Member to create, build, edit or remove a website or webpage on the Service.
• b) When you register, you are required to select a Member identification (“username”) and password. While HotDoodle will keep your name and password confidential in accordance with its Privacy Policy [link], you are responsible for maintaining the confidentiality of your name and password, and you are responsible for all activity that occurs under your username or in your Member Account. Usernames may be displayed on the Service in accordance with our Privacy Policy.
• c) You are solely responsible for your conduct and any content that you post, and display on the website you develop through the Service (as well as any content you allow others to submit, post and/or display on the Service under your username or in websites you may create or build through the Service).
  d) You agree not to include pornographic and sex-related links or merchandising on any website created, built or edited through the Service. This prohibition includes creating, building or editing websites that may infer sexual content, or link to adult content elsewhere. HotDoodle shall be the sole arbiter in determining violations of this provision.
• e) You acknowledge that HotDoodle does not pre-screen content that you post on your website built and published through the Service (“Member Content”). You further acknowledge that HotDoodle shall have the right (but not the obligation) in its sole discretion to refuse or to remove any Member Content that is available through the Service. Without limiting the foregoing, HotDoodle shall have the right to remove any Member Content that violates this Agreement, is illegal, or is otherwise objectionable as determined in HotDoodle’s sole discretion. You agree that you must evaluate and bear all risks associated with the use of any Member Content including any reliance on the accuracy, completeness, or usefulness of such Member Content.
• f) While using the Service, Members and visitors agree not to:
  • i) attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the rules contained in this Agreement;
  • ii) upload, post, email, transmit or otherwise make available any content directed at Members or visitors that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • iii) upload, post, email, transmit or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
  • iv) use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  • v) impersonate a HotDoodle employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    vi) transmit email or any other content that (a) includes personal or identifying information about another person without that person’s express consent, or (b) is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
  • vii) sell or offer for sale materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • viii) advertise any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
  • ix) transmit any worms or viruses or any code of a destructive nature to Members or visitors;
  • x) provide materials or any other content for download that contain viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • xi) disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects Members’ and visitors’ ability to use the Service;
  • xii) employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
  • xiii) attempt to gain unauthorized access to HotDoodle’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
  • xiv) “stalk” or otherwise harass anyone on the Service;
    xv) collect any personally identifying data about Members or visitors for unlawful purposes;
  • xvi) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g. Google or Yahoo!) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
  • xvii) develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service.
    

We respect the intellectual property rights of others, and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.

Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at www.HotDoodle.com/?section=Copyright By accepting this Agreement, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.