Terms of Service

• ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE - http://www.onewisconsinnow.org (“Site” ) is owned and operated by One Wisconsin Now, Inc. (OWN), a Wisconsin Non-stock Corporation that is awaiting § 501©(4) approval from the IRS (6/23/06). Services offered on the Site (“Services” ) are provided to you (“Member” ) under the terms and conditions of this OWN Terms of Service and any operating rules or policies that may be published by OWN from time to time (collectively, “TOS” ). BY COMPLETING THE REGISTRATION PROCESS, MEMBER IS INDICATING MEMBER'S CONSENT TO AND AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
• DESCRIPTION OF SERVICES - Services include various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. The Services are free of charge and are provided by OWN to Member at OWN's sole discretion and may be terminated by OWN at any time for any reason or no reason at all, at OWN's sole discretion.
• MODIFICATIONS TO TERMS OF SERVICE - OWN reserves the right to change the terms and conditions of the TOS at any time. Modifications will be effective when they are posted to this page.
• MODIFICATIONS TO SERVICES - OWN reserves the right to modify the Services at any time with or without notice to Member. Any new services or features or other modifications to the Site will also be subject to the TOS. OWN shall not be liable to Member or any third party should OWN modify or discontinue any of the Services.
• PRIVACY POLICY - All information entered into OWN by Member is subject to OWN's Privacy Policy. For more information, click here to see the full privacy policy.
• CONTENT OWNERSHIP - For any content posted by Member on the Site, Member grants to OWN the royalty-free, irrevocable, perpetual and exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part in any form, media or technology now known or later developed.
• CONTENT RESPONSIBILITY - Member acknowledges and agrees that OWN neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Member understands and agrees that OWN is not responsible for any content posted by members, and it expressly disclaims that responsibility. OWN respects the intellectual property rights of others and will respond promptly to remove material that infringes another party's copyright or other intellectual property right. In accordance with the Digital Millennium Copyright Act (Title 17 U.S.C. Section 512©(2)), OWN's designated agent to receive notices of claimed infringement is: Robert Doeckel, 152 W. Johnson Street, Suite 214, Madison WI 53703; 608-204-0677; robert@onewisconsinnow.org.
• TAX EXEMPT ADVOCACY ORGANIZATION – As a section 501©(4) tax exempt advocacy organization OWN regularly monitors legislative and regulatory activities in Wisconsin and takes positions on a variety of public policy matters.  As part of these ongoing, direct and grassroots lobbying efforts, OWN provides information to the general public on issues and policies that may be associated with a public official or candidate.  All of these activities – including providing the blog forum – are done in support of OWN’s lobbying efforts and OWN does not consider any of its activities "political" as defined under the Internal Revenue Code.
• WEB LINKS - OWN may provide links to third party web sites, and other web sites may provide links to the Site. Third party web sites operate according to their own terms of use and privacy policies. OWN has no control over such third party web sites, and by using the Site, Member acknowledges and agrees that OWN is not responsible for the availability of such third party sites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites. Member further acknowledges and agrees that OWN 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 content, advertising, products, or other materials on or available from such sites.
• MEMBER ACCOUNT, PASSWORD, AND SECURITY - After Member becomes a member of the Service, Member shall receive a password and an account. Member is entirely and solely responsible if Member does not maintain the confidentiality of the password and account. Furthermore, Member is entirely and solely responsible for any and all activities that occur under such account. Member may change his or her password at any time (to do so, go to the team area of any blog Member is a member of, click on Member's name and then "edit profile" ); Member may also set up a new account and close an old one at Member's convenience. Member agrees to (1) immediately notify OWN of any unauthorized use of Member's account or any other breach of security known to Member and (2) ensure that Member properly "logs out" of or exits his or her account at the end of each session.
• IDENTIFICATION OF MEMBER: If Member is alleged to have violated these TOS or any applicable laws through Member's participation at the Site, OWN reserves the right to reveal Member's IP address and any other information OWN knows about Member in the event of a complaint or legal action against Member, OWN or its affiliates.

DISCLAIMER OF WARRANTIES - MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

OWN MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES OWN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

OWN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.

• LIMITATION OF LIABILITY - NEITHER OWN, NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYESES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, REGARDLESS OF WHETHER MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.
• NO RESALE OF THE SERVICE - Member agrees not to sell any portion of the Service or access to the Site to others.
• STORAGE AND OTHER LIMITATIONS - OWN assumes no responsibility for the deletion or failure to store information entered into OWN. OWN may establish general practices and limits concerning use of the Services, including limits on: the time that member material will be available through the Services; the time that member material will be stored by OWN; the maximum size of any single posted event; the maximum disk space that will be allotted on OWN servers on Member's behalf; the maximum number of times Member may access the Services in a given period of time; and the maximum duration of each access. Member acknowledges that OWN reserves the right to terminate accounts that are inactive for an extended period. Member further acknowledges that OWN reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
• MEMBER CONDUCT - Member is solely responsible for the contents of his or her transmissions through and postings to the Service and/or the Site. Member's use of the Service and the Site is subject to all applicable local, state, national and international laws and regulations and these TOS. Member agrees not to post content that violates the copyright, trademark, patent or other intellectual property right of any third party. Member agrees: (1) to comply with all applicable laws regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service and/or the Site for illegal purposes; (3) not to post any information that may reveal another Member's identity without that Member's expressed permission; (4) not to interfere or disrupt networks connected to the Service and/or the Site; and (5) to comply with all regulations, policies and procedures of networks connected to the Service and/or the Site. Member agrees to promptly remove any content should Member discover that he/she has violated any applicable federal, state, or international law, regulation or these TOS.
• The Service and the Site make use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service or the Site for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Member agrees not to use the Services to:

• post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• post, transmit or otherwise make available content that violates any local, state, national or international law or regulation, or that is otherwise inappropriate in violation of these TOS.
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, an OWN official, or falsely state or otherwise misrepresent Member's affiliation with a person or entity;
• disguise the origin of any material posted on or transmitted by OWN;
• post, transmit or otherwise make available any material that Member does not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• post, 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 rooms) that are designated for such purpose;
• post, 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;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users.

Member shall not interfere with another Member's use and enjoyment of the Service or the Site or another entity's use and enjoyment of similar services.

• INDEMNIFICATION - MEMBER AGREES TO INDEMNIFY AND HOLD OWN, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE SERVICE, THE VIOLATION OF THIS TOS BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE SERVICE USING MEMBER'S COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
• TERMINATION - OWN, in its sole discretion, may terminate Member's password, account, or use of the Services, and remove and discard any material available on or stored by OWN, for any reason or no reason at all, including, but not limited to, lack of use or actions inconsistent with the TOS. OWN may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. Upon termination, OWN may immediately deactivate or delete Member's account and all related information and files in Member's account and/or bar any further access to such files or the Services. Further, Member agrees that OWN shall not be liable to Member or any third-party for any termination of Member's access to the Services.
• REMOVAL OF CONTENT - OWN, in its sole discretion, reserves the right to remove, edit or otherwise alter content for any reason and without Member's consent. OWN will respond to requests to remove content on an individual basis, consistent with these TOS.
• NOTICE - All notices to a party shall be in writing and shall be made either via email or conventional mail. OWN may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
• MISCELLANEOUS - The TOS shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to its rules of conflict of laws. OWN and Member hereby consent to submit to the personal and exclusive jurisdiction of the federal and state courts located in Dane County, Wisconsin. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. OWN's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OWN in writing. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. The TOS comprises the entire agreement between Member and OWN and supersedes all prior agreements between the parties regarding the subject matter contained herein