IFLYONLINE TERMS OF SERVICE AGREEMENT:

Welcome to iFlyOnline: a community of flight and air traffic control enthusiasts dedicated to sharing the wonders of flight in a fun and friendly environment. Our focus is to advance knowledge and enjoyment within the flight simulation community by encouraging the mutual exchange of experiences, ideas and opinions. We sincerely hope you enjoy and benefit from your layover time with us.

Terms of Service apply to all sites in the iflyonline community as follows.

1. The iflyonline flight simulation and gaming server
2. The iflyonline TeamSpeak server
3. The iflyonline forum server

• ACCEPTANCE OF TERMS

iFlyOnline provides its service to you, subject to the following Terms of Service, hereinafter referred to as the “TOS”. iFlyOnline reserves the right to change, modify or update this TOS agreement at any time without notification. You may review the most current version of the TOS at any time on the iFlyOnline website. In addition, when using particular iFlyOnline services, you shall be subject to any posted guidelines or rules applicable to such services.

By submitting an application and being accepted as a member of iflyonline, you hereby agree to all of the terms, conditions and notices contained in the TOS.

• DESCRIPTION OF SERVICE

Iflyonline provides users with access to informational resources including communication and interactive resources pertaining to flight simulation and air traffic control simulation. Under no circumstances shall iFlyOnline be liable to any user on account of that user's use or misuse of the site or reliance on the site. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, punitive and exemplary damages (even if iFlyOnline has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of the site or reliance on the site, from inability to use the site, or from the interruption, suspension, or termination of the site or services offered on the site (including such damages incurred by third parties).

Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the site or received through any links provided on the site. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. iFlyOnline makes no warranties as to the accuracy of its information and due to the volatile nature of the information contained on http://www.iflyonline.com, iFlyOnline cannot screen or authenticate all articles, posts, listings or other information.

All data on iflyonline.com is intended for use in online virtual simulations only. Any and all data, files, documentation, video clips, Standard Operating Procedures are for simulation use only and are not to be used for real world application.

• TERMS OF MEMBERSHIP & USAGE RESTRICTIONS

I SITE MEMBERSHIP

Membership is available to any person over the age of 13 who registers and accurately provides all the required information, passes any required entrance exams, provides a legitimate electronic email address and obtains a unique iFlyOnline User Name and password. Membership is non-transferable.

All membership information must be accurate and belong to the person registering. Invalid, incomplete, or falsified information will result in the immediate termination of all membership privileges for that user and, possibly a permanent ban restricting the member from using any of iFlyOnline’s services at any time.

Members are restricted to a single member user id and password. Multiple user id’s per member are not permitted.

II USER NAME

Each user will have a single user name, herein after referred to as a “user id” which will be used for accessing the various services offered by the iflyonline community. User ID’s are subject to the following restrictions

o User id’s must meet the PG rating
o It is suggested that user id’s be kept short
o Teamspeak user id’s are a combination of the iflyonline user id + the users first name. The user id and users first name will be separated with a hyphen (“-“).
• An optional tag name may be added after the users first name. The optional tag name is intended to be used to identify participation in special activities or being assigned specific duties within the iflyonline community
• The optional tag name may not be used as an too:
o Advertise or recruit for other online communities
o To Cyber Bully or Troll


III IFLYONLINE FORUM

This is a friendly forum based on mutual respect. While the Moderators will do their best to keep it that way, it's impossible for us to review every post. If any post seems to violate the spirit of this concept, please use the Report Bad Post button at the top of the post to notify us. All posts are the opinions of their respective authors and do not necessarily reflect the views of iFlyOnline. We are not responsible for posts' content, authenticity or accuracy.

No post should exceed a PG13 rating. Profane, racial, insulting or mean spirited language is simply not allowed here and this includes any sort of harassment or cyber bullying. Threats of any sort are grounds for immediate permanent suspension; there is never a reason to resort to personal attacks. If you feel that you have been attacked, please do not retaliate; instead use the Report Bad Post button at the top of each post to notify us. Trolling posts may result in temporary or permanent bans. Trolling posts will be removed. Threads containing trolling posts may be temporarily hidden while offending posts are edited, removed and the thread cleaned to a point where it is appropriate to be returned to the iflyonline community. Threads deemed unsuitable will simply be removed. Off-topic posts (hijacking) may be moderated or removed.

iFlyOnline retains all rights and privileges to all its editorial content.

Spamming or attempting to recruit our membership other than through authorized use of our commercial (market place) forums is expressly forbidden.

The creation of multiple accounts ("sock puppets") for one person is prohibited and grounds for suspension.

We are dedicated to keeping our users' information private and will never sell or distribute it to a third party.

iFlyOnline Moderators may, at their discretion, remove any post which violates the TOS.

The Moderators have the last word in any dispute and are responsible for interpreting the TOS. When they deem it in the best interest of iFlyOnline, they may edit or delete: avatars, pictures, signatures, posts and threads. They may suspend users when they deem it is necessary.

Membership is a privilege and we reserve the right to deny service to any person with or without cause or notification. If a member feels they have been unfairly denied service or has received unfair moderation, an appeal may be sent by e-mail to appeals@iflyonline.com. Each appeal will be reviewed by staff members who were not previously involved in the issue that led to the appealed suspension or moderation.

iFlyOnline reserves the right to add to or amend the TOS without any prior warning or consent from its users. By completing your registration, you agree that your iFlyOnline participation will conform to any such additions or amendments to the TOS.

IV MODERATORS

All members granted special privileges by the iFlyOnline staff (referred to as 'Moderators') within the iFlyOnline website including the iFlyOnline forums agree to abide by the following confidentiality rules.

Moderators agree to keep confidential any and all information of members of the iFlyOnline.com Network at all times.

Moderators agree not to collect, store or in any way harvest information from members for any use, personal or commercial.

Moderators agree to keep all discussions within the Moderator and other restricted forums confidential and will not discuss this information with anyone but an active Moderator or staff member of iFlyOnline.

Moderators agree to keep all information regarding the iFlyOnline business plan, corporate structure or other company internals confidential at all times unless such information is already public knowledge. This includes any information shared via Internet communications such as forums, ICQ, AOL, email, etc. or via phone, fax, postal letter or in person. Under this clause, Moderators agree to never discuss any portion of any communication between themselves and other Moderators or staff members without written approval from all company directors.

In the event that a Moderator's privileges are revoked, they agree to respect the rules as would any other member and to hold all confidential information acquired during their time as a Moderator private until it becomes public knowledge. Moderators understand that breaking this confidentiality clause may result in legal action against them. By taking the role of a Moderator, the iFlyOnline member agrees specifically to the above clauses along with all other rules and regulations listed within the TOS agreement.

V BAN PROCEDURES

Temporary bans (5 days) can be called for by any Moderator and are automatic. This can be in response to any violation of the TOS (Moderator’s discretion), harassment of others, flaming others, or trolling. The Moderator must send a notice (even though an System Administrator has to flip the switch) to the affected member’s e-mail and detail why the suspension was initiated. These should be rare and can be conditional.

Permanent Bans are considered when the member exceeds 2 suspensions in less than 6 months, openly challenges authority (not just asking a question), threatens anyone in any way, or has blatantly violated the TOS. A permanent ban requires 2/3s majority of the Moderators voting, or a majority vote of the board of directors. A temporary ban should be called for first and then permanent banning should be discussed for at least 5 days. The Moderator who initiated the temporary ban is in charge of the process. They will also set the time for a vote (at least 5 days) and send the appropriate message if so needed. These should be very rare and can be conditional.

Under no circumstances will iflyonline Moderators or members of the board of directors disclose reasons or rationale for any disciplinary action to a third party. We view this as a privacy issue and are committed to protect the privacy of the board's members at all times. While we do respect a member's desire to request a review of the status of their account, we specifically forbid the use of sock puppets (multiple user accounts) or another member's account to make your case. All such requests must be sent to appeals@iflyonlione.com for consideration. At this point of the process, we will not feel obliged to correspond any further unless we change your status. All Moderators and and members of the board of directors will forward any and all such requests sent to them personally as well.

Permanent bans can be re-visited by any Moderator at any time and only need a simple majority of the Moderators voting to be rescinded.

VI DEFINITIONS

PG13

Nudity and coarse language are prohibited.

Cyberbulling

"Cyberbullying" is when a person is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another person using the Internet.

Trolling

Exploiting the weaknesses of human nature or of an on-line community to upset people. iflyonline includes POV warriors, cranks, impolite users and disruptive behavior in this definition.

Spam

The term SPAM implies many different definitions based on many different sources. The Washington State Supreme Court has stated that SPAM can be understood as:

“The term 'spam' refers broadly to unsolicited bulk e-mail (or ''junk e-mail"), which can be either commercial (such as an advertisement) or noncommercial (such as a joke or chain letter).”

Another popular definition focused towards the Internet describes SPAM as:

“Internet spam is one or more unsolicited messages, sent or posted as part of a larger collection of messages, all having substantially identical content."

On iflyonline we combine the commonly held definitions of SPAM into one concrete statement. SPAM is, as a general rule, a message sent in any amount of a commercial or non-commercial nature which is unsolicited. More specifically, SPAM generally consists of an advertisement of some nature which is sent directly to a user or users or is posted in a forum or forums. While the majority of our SPAM problems do come from traditional bulk postings, a message does not have to be commercial in nature nor does it need to be sent in bulk to be considered SPAM under our rules.

The punishment for spamming a user or the board varies based on the severity of the SPAM. Users with no prior posts who blatantly post SPAM messages to multiple forums or PM multiple users may be banned without further warning. Users in good standing who send out a limited number of messages may simply be given a warning or a short suspension. There is no such thing as “good” SPAM on our board and all members, regardless of their status, may be banned immediately for spamming the board in any manner even if it is with just one message or post. As a general rule we try to take into account the nature of all messages, commercial versus private and the degree of the abuse. But to this issue, simply do not send users messages containing advertising of services, goods, links or personal ads they aren’t asking for!

VII MASS EMAIL

By applying for membership with iFlyOnline, you understand and agree to receiving regular, mass-emails pertaining only to iFlyOnline. We are dedicated to keeping our users' information private and will never sell or distribute it to a third party. To unsubscribe to these mass-emailings, you must send a blank email to unsubscribe@iflyonline.com with a subject of "UNSUBSCRIBE". To re-subscribe to future mass-emailings, please contact the IFO newsletter committee.

VIII INTELLECTUAL PROPERTY

It is the policy of iFlyOnline to respond expeditiously to claims of intellectual property infringement. iFlyOnline will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (referred to as 'DMCA'). Should a violation of intellectual property be discovered, the document(s) or messages in such violation will be removed in a timely manner after any and all investigating has been completed to prove the authenticity of such a claim.

IX PUBLIC CONTENT ON IFLYONLINE

Any and all content posted for inclusion in publicly accessible areas of iFlyOnline are the responsibility of the creator. iFlyOnline makes no claims or warranties about such information or its authenticity. Upon posting any content on iFlyOnline, you grant iFlyOnline the non-exclusive right to publish, modify and use such content solely for the purpose of displaying such content.

X LIMITATION OF RE-USE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes or noncommercial purposes any portion of the services or content contained within iFlyOnline and its subsidiary sites. In order to use any content, graphical art, phoTOS or files owned by or published by iFlyOnline, direct, written authorization must be obtained from iFlyOnline with no exceptions at any time for any reason


XI LEGAL RESTRICTIONS

This agreement shall be constructed and controlled by the laws of the Commonwealth of Florida, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the Commonwealth of Florida. Each member agrees to personal jurisdiction by tile state and federal courts of the Commonwealth of Florida. iFlyOnline reserves the right to change, modify or update this TOS agreement at any time without notification. By accessing iFlyOnline, users show their full agreement and acknowledgement of the restrictions, limitations and terms set forth in this agreement.