Terms and Conditions of Use

Last Updated: March 15, 2006

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use ("Terms of Use") apply to your access to, and use of, the Web site located at http://onlinedice.bytehost.com/ (the "Site") and to your use of the interactive online services provided therein (the "Services"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with onlinedice.byethost.com for products, services or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to accept responsibility and indemnify onlinedice.byethost.com for your use of the Site and the Services and any violations of these Terms of Use. If you are registering on behalf of your minor child, you agree to accept responsibility for your child's use of the Site and the Services and his or her use of the Site.

onlinedice.byethost.com reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

All other questions or comments about the Site or its contents should be directed to mustaine_dan@yahoo.com.

  1. Privacy Policy

    onlinedice.byethost.com believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how onlinedice.byethost.com collects, uses and discloses personally identifiable information from its users.

  2. Description of Services

    onlinedice.byethost.com provides interactive, online dice rolling services. Additional information regarding the Services may be found on the Site. In the event of any conflict between the information contained on the Site and in these Terms of Use, these Terms of Use shall govern.

  3. Registration and Subscriptions

    Certain Services shall only be available to users upon your registration for a free trial or upon your subscribing to the Services and paying in full the applicable subscription fees (the "Subscription Fees"). Only one individual may access the Service at the same time using the same username and password. In order to register, you must be 18 years of age or older. If children between the ages of 13 and 18 wish to use the site, they must be registered by their parent or guardian. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form is complete and accurate. onlinedice.byethost.com reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion.

    In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to onlinedice.byethost.com, to keep it accurate, current and complete; and (d) immediately notify onlinedice.byethost.com of any unauthorized use of your account or password or any other breach of security and accept all risks of unauthorized access to the Registration Data and any other information you provide to onlinedice.byethost.com.

  4. Changes to Services; Termination

    onlinedice.byethost.com reserves the right at any time, without notice and in its sole discretion, to modify or discontinue the Services or to terminate or suspend your account and your license to use this Site, without any liability to you or any other person. You must agree to be bound by any modifications in order to continue using the Services. If you do not agree to the modifications, you must discontinue your use of the Services. You may terminate your account and your use of the Services at any time by canceling your account from the "Account Settings" page on the Site, sending us an email to mustaine_dan@yahoo.com, or mailing us at the address set forth at the end of these Terms of Use (attention: Termination). However, you acknowledge that it may take up to two (2) business days for such termination to be effective. Upon termination, any information you have stored on the Site may no longer be retrieved, so you should make a backup copy of any such information on a regular basis and before terminating your account. There are no refunds of any Subscription Fees in the event of any suspension or termination of the Services.

  5. Software

    Any software provided by onlinedice.byethost.com and used in connection with the Service (the "Software") shall be used under license and shall be governed by the terms of the end user license agreement accompanying such software. If you receive or are given access to any software that is not accompanied by a EULA, then onlinedice.byethost.com grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Service and in accordance with this Agreement. onlinedice.byethost.com reserves all rights to such software not expressly granted to you in any EULA or in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. onlinedice.byethost.com or its suppliers own all right, title and interest in and to such software (including all intellectual property rights), and such software is licensed, not sold to you. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law.

  6. Copyright and Limited License to Site

    Unless otherwise indicated, the Site, the Software and all content and other materials on the Site, including, without limitation, the onlinedice.byethost.com logo, and all designs, text, graphics, pictures, images, information, data, software, messages, and other files and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of onlinedice.byethost.com and are protected by U.S. and international copyright laws.

    You are granted a limited, non-sublicensable license to access and use the Site and to print to hard copy portions of the Materials for your informational, personal or internal business use only Such license is subject to these Terms of Use and does not include: (a) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Materials, except as may be expressly permitted under these Terms of Use; (b) modifying or otherwise making any derivative uses of the Site and the Materials, or any portion thereof, except with the express permission of the owner thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Materials other than for its intended purpose. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of onlinedice.byethost.com, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  7. Trademarks

    Vegeto's Bones, the logos and any other product or service name or slogan of onlinedice.byethost.com contained in the Site are trademarks of onlinedice.byethost.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of onlinedice.byethost.com, except for use of the Vegeto's Bones name to accurately refer to the dice roller. You may not use any metatags or any other "hidden text" utilizing "Vegeto's Bones" or any other name, trademark or product or service name of onlinedice.byethost.com without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of onlinedice.byethost.com and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  8. Hyperlinks

    You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray onlinedice.byethost.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Vegeto's Bones logo or other proprietary graphic of onlinedice.byethost.com to link to this Site without the express written permission of onlinedice.byethost.com. Further, you may not use, frame or utilize framing techniques to enclose any onlinedice.byethost.com trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without onlinedice.byethost.com's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of onlinedice.byethost.com or any third party.

    onlinedice.byethost.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of onlinedice.byethost.com, and onlinedice.byethost.com is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. onlinedice.byethost.com provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by onlinedice.byethost.com of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

  9. Third Party Content

    onlinedice.byethost.com may provide links to Web pages and content of third parties as a service to those interested in this information. onlinedice.byethost.com does not monitor or have any control over any Third Party Content or third party Web sites. onlinedice.byethost.com does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. onlinedice.byethost.com does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

  10. Advertisements and Promotions

    onlinedice.byethost.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than onlinedice.byethost.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. onlinedice.byethost.com does not endorse such third parties and is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-onlinedice.byethost.com advertisers on the Site.

  11. Rules of Conduct for Services and Interactive Areas

    The Services and other interactive areas of the Site, such as forums, message boards, and chat rooms (the "Interactive Areas"), enable you or third parties to create, post, transmit or store emails, messages, text, images, photos, graphics, music, sound, data, information, or other materials, items or content on the Site (the "User Content"). You are solely responsible for your use of such Services and Interactive Areas and the User Content and use them at your own risk. By using any Services and Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any of the following:

    1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
    3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
    4. User Content or activities that impersonates any person or entity (whether via the use of an email address or otherwise) or that otherwise misrepresents your affiliation with a person or entity or the source of any email;
    5. Transmission of any email in violation of the CAN-SPAM Act or any other applicable anti-spam law or the transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
    6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, without their express permission, and any third party private financial information such as Social Security numbers and credit card numbers;
    7. Viruses, worms, defects, hoaxes, Trojan horses, corrupted data or other harmful, disruptive, deceptive or destructive files; and
    8. User Content that, in the sole judgment of onlinedice.bytehost.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose onlinedice.bytehost.com or its users to any harm or liability of any type.

    Any use of the Service or Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Services, the Interactive Areas and/or the Site.

  12. Liability for User Content; Right to Remove User Content

    onlinedice.byethost.com takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is onlinedice.byethost.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Services and Areas is at your own risk. As a provider of Interactive Services and Areas, onlinedice.byethost.com is not liable for any statements, representations or User Content provided by its users in any public or forum, or other Interactive Services or Area. Although onlinedice.byethost.com has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Services or Area, onlinedice.byethost.com reserves the right, and has absolute discretion, to screen and remove any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

  13. License to User Content.

    You retain all copyright in any User Content you post in connection with any Services or Interactive Areas. However, by posting such User Content, you grant onlinedice.bytehost.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You also grant onlinedice.bytehost.com and its affiliates and sublicensees the right to use any name that you submit in connection with such User Content, if we choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

  14. Submissions

    You acknowledge and agree that any questions, comments, suggestions, ideas, and original or creative materials or other items or information, provided by you in the form of email or other submissions to onlinedice.bytehost.com that are not part of the Interactive Services or Areas shall become the sole property of onlinedice.bytehost.com. onlinedice.bytehost.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  15. Repeat Infringer Policy

    In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, onlinedice.bytehost.com has adopted a policy of terminating, in appropriate circumstances and at onlinedice.bytehost.com's sole discretion, subscribers or account holders who are deemed to be repeat infringers. onlinedice.bytehost.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe on any intellectual property rights of others, whether or not there is any repeat infringement.

  16. Copyright Complaints

    onlinedice.bytehost.com respects the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent. Please see our Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement.

  17. Indemnification

    You agree to defend, indemnify and hold harmless onlinedice.bytehost.com, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or the Site or your use of or inability to use the Services, the Software or the Site, including without limitation any actual or threatened suit, demand or claim made against onlinedice.bytehost.com and/or its users, independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, your of the Site or your violation of the rights of any third party.

  18. Disclaimer

    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY onlinedice.bytehost.com, THE SERVICES, THE SITE, THE SOFTWARE, AND THE MATERIALS AND USER CONTENT CONTAINED THEREIN OR PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. onlinedice.bytehost.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SERVICES, THE SOFTWARE, THE MATERIALS AND THE USER CONTENT. onlinedice.bytehost.com DOES NOT REPRESENT OR WARRANT THAT THE SITE THE SERVICES, THE SOFTWARE, THE USER CONTENT, OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE onlinedice.bytehost.com ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE, THE SOFTWARE AND THE SERVICES SAFE, onlinedice.bytehost.com CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, THE SOFTWARE OR ITS SERVER(S) ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    onlinedice.bytehost.com reserves the right to change any and all onlinedice.bytehost.com content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by onlinedice.bytehost.com.

  19. Limitation of Liability

    IN NO EVENT SHALL onlinedice.bytehost.com, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM onlinedice.bytehost.com, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO onlinedice.bytehost.com's RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF onlinedice.bytehost.com, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO onlinedice.bytehost.com FOR ACCESS TO OR USE OF THE SITE.

  20. Applicable Law and Venue

    You hereby irrevocably and unconditionally hold onlinedice.bytehost.com free from liability and consent and submit to testify on behalf of onlinedice.bytehost.com over any suit, action or proceeding arising out of these Terms of Use.

  21. Severability

    If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  22. Questions & Contact Information

    Questions or comments about the Site may be directed to onlinedice.bytehost.com by email us at mustaine_dan@yahoo.com or by mailing us at: