Terms of Service:

1. The Progressive Networks Service

The Progressive Networks Service is an online service, enabling businesses and individuals to create, join and participate in customized and personalized web sites and derivatives thereof. You understand and agree that the Service is provided "AS-IS" and that Progressive Networks assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.

2. Content Accessible on the Service

The Service Progressive Networks provides contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that its users post. Please use caution and common sense when viewing Progressive Networks accounts. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that Progressive Networks is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Progressive Networks be liable in any way to you 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 or otherwise transmitted via the Service.

You acknowledge that Progressive Networks does not pre-screen Content, but agree that Progressive Networks shall have the right (but not the obligation) to access any site, and remove or restrict access to any content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, Progressive Networks shall have the right to access any site and remove or restrict access to any Content that violates this Agreement or that Progressive Networks believes is otherwise objectionable. You acknowledge and agree that Progressive Networks may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Progressive Networks administrators, its users and the public.

3. User Conduct

You agree to not use the Service to:

  • (a) violate or solicit the violation of any applicable local, state, national or international law;
  • (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights
  • (c) upload, post, email or otherwise transmit any Content that
    1. is unlawful, threatening, abusive, tortuous, defamatory, obscene, libelous, or invasive of another's privacy
    2. violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork;
    3. constitutes pornography, or sexual material of a obscene nature or that violates local, state or national laws;
    4. is the private information of another such as their addresses, phone number, Social Security number or credit card number;
    5. contains software viruses, Trojan horses 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; or
    6. you do not have a right to upload or post due to contractual or other legal obligation.
  • (d) impersonate any person or entity, including, but not limited to, an Progressive Networks administrator or Progressive Networks account holder other than yourself or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • (f) interfere with or disrupt the Service, computer servers, software, or sites accessible through the Service;

If you do use the Service to commit any of the above, Progressive Networks may, at its sole discretion, terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.

4. Modification and Termination of Service

Progressive Networks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Progressive Networks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Progressive Networks, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Progressive Networks shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the following:

  • using an email address as part of your Progressive Networks account registration, which is inactive or is not your own,
  • reproducing, distributing, republishing or retransmitting material posted by other Progressive Networks members without their permission
  • using the Service for the process of distributing mass emailings, bulk emailings, or such acts that may constitute the unwarranted mass delivery of either non-commercial or commercial messages via electronic mechanisms.

5. No Resale, Redistribution or Repurposing of Service or Content

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.

6. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS. Progressive Networks EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) Progressive Networks MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY Progressive Networks.

7. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Progressive Networks SHALL NOT BE LIABLE FOR ANY DIRECT, 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 Progressive Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

8. 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 5 AND 6 MAY NOT APPLY TO YOU.

9. Indemnity

You agree to indemnify and hold Progressive Networks, and its subsidiaries, affiliates, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third part due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

10. Notices

Notices to you may be made via either email or regular mail. Progressive Networks may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.

11. General

This Agreement constitutes the entire agreement between you and Progressive Networks with respect to the Service and supersedes all prior agreements and understandings between you and Progressive Networks. The failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will 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 will remain in full force and effect. Paragraphs 5, 6, 7 and 8 of this Agreement shall survive any termination of the Agreement. If you are a Wisconsin resident, you may have a copy of this Agreement emailed to you by sending a letter to Progressive Networks
Attn: Daniel Cody
1436 N. 52nd Street
Milwaukee, WI 53208
with your email address and a request for the Agreement.