Terms of Service

ACCEPTANCE OF TERMS
The City of Belleville ("Belleville.net") welcomes you. The City of Belleville provides the Belleville.net Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.belleville.net/terms/. By accessing and using the Belleville.net Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Belleville.net owned or operated services, you and Belleville.net shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Belleville.net may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF BELLEVILLE.NET SERVICES
Belleville.net provides users with access to a rich collection of resources, including without limitation various communications tools, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Belleville.net Services"). You also understand and agree that the Belleville.net Services may include advertisements and that these advertisements are necessary for Belleville.net to provide the Belleville.net Services. You also understand and agree that the Belleville.net Services may include certain communications from Belleville.net, such as service announcements, administrative messages and the Belleville.net Newsletter, and that these communications are considered part of Belleville.net membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Belleville.net Services, including the release of new Belleville.net properties, shall be subject to the TOS. You understand and agree that the Belleville.net Services is provided "AS-IS" and that Belleville.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Belleville.net Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Belleville.net Services.

You understand that the technical processing and transmission of the Belleville.net Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
OPTIMUM SERVICE
For optimum service, Belleville.net Services are developed for, tested and best viewed with the following browsers (or newer versions): Internet Explorer 9, Mozilla Firefox 4, Google Chrome 10, Safari 5 and Opera 11.
BELLEVILLE.NET PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Belleville.net Privacy Policy at http://www.belleville.net/privacy/. You understand that through your use of the Belleville.net Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by The City of Belleville and its affiliates.
CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Belleville.net, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Belleville.net Services. Under no circumstances will Belleville.net be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Belleville.net Services.

You agree to not use the Belleville.net Services to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a City of Belleville official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Belleville.net Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Belleville.net Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Belleville.net Services or servers or networks connected to the Belleville.net Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Belleville.net Services, including using any device, software or routine to bypass our robot exclusion headers;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE BELLEVILLE.NET SERVICES
Belleville.net does not claim ownership of Content you submit or make available for inclusion on the Belleville.net Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Belleville.net Services, you grant Belleville.net the following worldwide, royalty-free and non-exclusive license(s), as applicable:
1. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Belleville.net Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Belleville.net Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Belleville.net Services and will terminate at the time you remove or Belleville.net removes such Content from the Belleville.net Services.
2. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Belleville.net Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Belleville.net Services are those areas of the Belleville.net network of properties that are intended by Belleville.net to be available to the general public.
CONTRIBUTIONS TO BELLEVILLE.NET
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Belleville.net through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Belleville.net is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Belleville.net shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Belleville.net may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Belleville.net without any obligation of Belleville.net to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Belleville.net under any circumstances.
INDEMNITY
You agree to indemnify and hold Belleville.net and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Belleville.net Services, your use of the Belleville.net Services, your connection to the Belleville.net Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF BELLEVILLE.NET SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Belleville.net Services (including Content and advertisements).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Belleville.net may establish general practices and limits concerning use of the Belleville.net Services, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Belleville.net Services, the maximum number of email messages that may be sent from or received by an account on the Belleville.net Services, the maximum size of any email message that may be sent from or received by an account on the Belleville.net Services, the maximum disk space that will be allotted on Belleville.net's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Belleville.net Services in a given period of time. You agree that Belleville.net has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Belleville.net Services. You acknowledge that Belleville.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Belleville.net reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO BELLEVILLE.NET SERVICES
Belleville.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Belleville.net Services (or any part thereof) with or without notice. You agree that Belleville.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Belleville.net Services (or any part thereof).
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Belleville.net Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Belleville.net shall not be 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 advertisers on the Belleville.net Services.
LINKS
The Belleville.net Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Belleville.net 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, products or other materials on or available from such sites or resources. You further acknowledge and agree that Belleville.net 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 Content, goods or services available on or through any such site or resource.
BELLEVILLE.NET'S PROPRIETARY RIGHTS
You acknowledge and agree that the Belleville.net Services and any necessary software used in connection with the Belleville.net Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Belleville.net Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Belleville.net or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Belleville.net Services, such Content or the Software, in whole or in part.

Belleville.net grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Belleville.net Services. You agree not to access the Belleville.net Services by any means other than through the interface that is provided by Belleville.net for use in accessing the Belleville.net Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE BELLEVILLE.NET SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE BELLEVILLE.NET SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CITY OF BELLEVILLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. THE CITY OF BELLEVILLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE BELLEVILLE.NET SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE BELLEVILLE.NET SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BELLEVILLE.NET SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BELLEVILLE.NET SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BELLEVILLE.NET SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CITY OF BELLEVILLE OR THROUGH OR FROM THE BELLEVILLE.NET SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CITY OF BELLEVILLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE CITY OF BELLEVILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE BELLEVILLE.NET SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BELLEVILLE.NET SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE BELLEVILLE.NET SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE
The City of Belleville may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Belleville.net Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Belleville.net Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Belleville.net Services in an authorized manner.
TRADEMARK INFORMATION
You agree that all of The City of Belleville's trademarks, trade names, service marks and other City of Belleville logos and brand features, and product and service names are trademarks and the property of The City of Belleville.
LOGO INFORMATION
By downloading the City of Belleville logo, you agree to abide and adhere to the guidelines contained within.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
The City of Belleville 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 City of Belleville's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. 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.
The City of Belleville's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Belleville.net Copyright Agent
c/o The City of Belleville
101 South Illinois Street
Belleville, IL 62220
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and The City of Belleville and governs your use of the Belleville.net Services, superseding any prior version of this TOS between you and The City of Belleville with respect to the Belleville.net Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Belleville.net services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and The City of Belleville each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and The City of Belleville, shall be brought exclusively in the courts located in the county of Belleville, Illinois or the U.S. District Court for the Southern District of Illinois. You and The City of Belleville agree to submit to the personal jurisdiction of the courts located within the county of Belleville, Illinois or the Southern District of Ilinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of The City of Belleville to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Belleville.net Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our Terms of Service Agent:

Belleville.net Terms of Service Agent
c/o The City of Belleville
101 South Illinois Street
Belleville, IL 62220