Terms and Conditions 

The Captain's Rules @ MOBYNUKE.NET
The Law of The Land and The Sea 
I. Overview: 

Welcome to MobyNuke. Following herein are the sublime Rules and Laws
governing the use of the MobyNuke content management systems in the
MobyNuke Navy ("Captain's Rules").  Joining the MobyNuke Navy provides
enlisted or registered members (each a "MobyNuke Naval Cadet" or "First
Mate of Their own Ship") with a wide variety of features and services
("Navy Privileges"). By signing on to or joining the MobyNuke Navy, ye
agree to use and Captain your ship in a manner consistent with all
applicable laws and regulations, and in accordance with the Captain's
Rules and the Law of The Land and the Sea, discussed below.

MobyNuke reserves the right to change or modify all or part of the
Captain's rules at any time, effective immediately upon notice published
at MobyNuke. Your continued use of the said websites means you accept
these terms and conditions, including any changes or modifications made
by the founding Captains and owners of MobyNuke. If at any time ye decide
ye cannot live by the Captain's Rules, ye should immediately jump ship
and cease and desist from using the said site's services.

II. Terms of Naval Service

Anyone age 18 or over may serve in the MobyNuke Navy. Provide all the
required information, read the Captain's Rules, acknowledge that ye have
read and understood them, and your in. Each First Mate or Naval Cadet is
allowed one membership.

III. MobyNuke Naval Cadet Web Page Guidelines

MobyNuke allows MobyNuke Naval Cadets to build their own web pages and
have storage space in a dedicated storage area as a service to MobyNuke
Naval Cadets. We want you to say what you want on your page, but we also
want you to behave morally and respect the law of the land and sea. So be
it known that there exist within these words definitive guidelines for
any content placed on a MobyNuke Naval Cadet's web pages.

IV.

The Captain hereby resolutely declares that MobyNuke is not responsible
for the content of any MobyNuke Naval Cadet's web page. The MobyNuke Navy
and owners of MobyNuke do not review MobyNuke Naval Cadet's web pages
before they appear. The Founding Captains expect all cadets to value
their freedom of speech and express themselves morally, properly, and
with good will. MobyNuke Naval Cadets can be held legally liable for the
contents of their web pages and all that they transport aboard their web
pages. They may be held legally accountable if their web pages include,
for example, material protected by copyright, trademark, patent or trade
secret law without the appropriate permission of the author or owner.  
Pornography, profanity, and defamatory comments are explicitly not
allowed nor endorsed by MobyNuke.

The following are the some types of entities and activities which do not
belong aboard the pristine decks of the MobyNuke Literary Navy:

o Using MobyNuke pages to sell items or entities, without prior express written
permission from the Captains and MobyNuke; 

o Any and all uses of copyrighted, trademarked, or patented material
without the express permission of the author(s) or owner(s);

o Material which opposes the Spirit of Science, Religion, and Freedom;

o Dissemination of Trade Secrets pertaining to MobyNuke or any other
Trade Sectrets without the express permission of the author(s) or
owner(s);

o Material which exploits children under 18 years of age, or depicts them
in a reprehensible, immoral manner.

o Lurid, immoral, or pornographic material of any and every kind;

o Material patently offensive to Higher Sensibilities, such as
expressions of bigotry, prejudice, racism, or hatred;

o Information, materials, or entities promoting, facilitating or actively
engaging in the conduct illegal activities as defined by Higher Law and
the courts of North Carolina and the United States;

o Material promoting physical harm or injury to anyone or anything;

o Fabricated material defaming any person or group.

o Restricted or password-only access pages, or hidden pages or images
(those not linked to from another accessible page);

o Use of a MobyNuke web page as primarily storage for personal data or
remote loading;

o Pages that consist of hyperlinks to content not allowed in the MobyNuke
domain;

o Disseminating, posting, or providing copyrighted software which has
been "cracked" - i.e., the copyright protection has been removed from the
software;

o Disseminating, posting, or providing pirated serial numbers for
software which may be used to illegally validate, crack, or register
software;

o Disseminating, posting, or providing software or tools which can be
used for no purpose other than for "cracking"  software (this does not
include tools which have legitimate uses for software developers, system
administrators, etc.).


You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service or
develop restricted or password-only access pages, or hidden pages or
images (those not linked to from another accessible page);

If ye would like to report a violation of the Captain's Rules or the Law
of the Land and Sea, please contact us at MobyNuke@MobyNuke.net. We also
place a legal notice at the bottom of all MobyNuke web pages. Naval
Cadets must refrain from removing this notice, or any additional
information placed along with the notice.

MobyNuke reserves the following rights:

o To release current or past member information if we believe that a ship
from the MobyNuke Navy was used to commit unlawful acts, if the
information is subpoenaed and/or if we deem it necessary and/or
appropriate;

o To deny membership to offenders of these guidelines or terms of
service;

o To remove MobyNuke Naval Cadets who interfere with the design and
general operation of MobyNuke;

o To use images of MobyNuke Naval Cadet web pages for promotional and
other commercial purposes.

IV. MobyNuke Naval Cadet E-mail Guidelines

The junk mail business (also known in the internet parlance as spamming)
is explicitly opposed by MobyNuke.net; the naval cadet can not harass nor
threaten anyone; nor send nor solicit pornography nor profanity, and can
not facilitate nor conduct illegal activities by email. If particular
mail is important to you, save it to your hard drive. MobyNuke can make
no guarentees nor promises that mail shall always be saved nor that mail
will always be accessible.

VI. External Sites

MobyNuke sites may contain links to sites on the Internet which are owned
and operated by third parties (the "External Sites"). Naval cadets must
acknowledge that MobyNuke is not responsible for the availability of, or
the content located on or through, any External Site. Ye should contact
the site administrator or Webmaster for those External Sites if you have
any concerns regarding such links or the content located on such External
Sites.

VII. Copyrighted Material

All material on the MobyNuke Site, including, without limitation, text,
software, photos, video, graphics, music and sound, are protected by U.S.
and international copyright laws, both as individual works and as a
collection. The downloading or use of copyrighted material provided by
MobyNuke or a third-party content provider is allowed by MobyNuke for
personal use only. MobyNuke Naval Cadets may not reproduce, commercially
exploit, nor copy, or otherwise transfer any such copyrighted material in
any format, electronic or otherwise.

VII. Indemnity.

By joining the MobyNuke Navy at MobyNuke, all Naval Cadets agree to
indemnify, defend, and hold MobyNuke and its parent companies,
affiliates, associates, subsidiaries and their respective officers,
agents, directors, owners, information providers, and licensors
(collectively, the "MobyNuke Parties") harmless from and against any and
all claims, liability, losses, costs and expenses (including attorneys'
fees) incurred by any MobyNuke Party in connection with any use or
alleged use of the Service under your password by any person, whether or
not authorized by you. MobyNuke reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to
cooperate with MobyNuke's defense of such claim.

IX. No Implied Warranty

Neither MobyNuke nor any provider of third party content or their
respective agents warrants that the Site will be uninterrupted or error
free; nor does MobyNuke, any third party content provider, or their
respective agents make any warranty as to the results to be obtained from
use of the Site or the content. The Site and the content are distributed
on an "as is, as available" basis. None of MobyNuke, third party content
providers and their respective agents make any warranties of any kind,
either express or implied, including, without limitation, warranties of
title or implied warranties of merchantability or fitness for a
particular purpose, with respect to the Site, any content or any products
or services sold through the Site. Neither MobyNuke nor any third party
content provider warrants that any files available for downloading
through the Site will be free of viruses or similar contamination or
destructive features. You expressly agree that the entire risk as to the
quality and performance of the Site and the accuracy or completeness of
the content is assumed solely by you.

MobyNuke is not responsible for the delivery of any goods or services
sold or advertised through its sponsors or commercial home pages.

MobyNuke is not responsible and shall in no way be held accountable for
lost or corrupted data due to acts of God and Nature, disk failures,
network outages, or any other event which compromises the server or the
data.  Always make your own backups, mate!

X. Privacy

Unless otherwise specified, information provided by MobyNuke Naval Cadets
is kept confidential. MobyNuke reserves the right to distribute
aggregated demographic information provided by members.

Given the current state of the Internet, the exchange between MobyNuke
and MobyNuke Naval Cadets of information such as passwords or electronic
mail may not be secure. MobyNuke encourages members to change their
passwords frequently.

XI. Termination of Service

MobyNuke may terminate MobyNuke Naval Cadet Memberships and any and all
information, communications, Postings, or Web pages at any time and at
its sole discretion, without notice, for conduct that in its sole
judgment violates this Agreement or other policies or guidelines set out
by MobyNuke elsewhere on the Site. MobyNuke may terminate MobyNuke Naval
Cadets and delete any and all information, communications, Postings, or
Web pages for online conduct that MobyNuke believes is harmful to other
MobyNuke Naval Cadets, the business of MobyNuke, or other third-party
information providers.

XII. Choice of Law

This Agreement and Outline of Laws governing MobyNuke shall be
constructed and controlled by the laws of the State of North Carolina,
without regard to its conflict of law provisions. Any dispute arising
hereunder will be governed by the laws of the State of North Carolina.
You agree to personal jurisdiction by the state and federal courts of the
State of North Carolina, County of Orange.

XIII. Merger Clause

This Agreement constitutes the entire agreement between the parties with
respect to the subject matter contained herein and supersedes any and all
other agreements, proposals and communications, written or oral or other,
between MobyNuke and the MobyNuke Naval Cadet.