This agreement sets out the terms and conditions ('Terms and Conditions') applicable to members of the service operated by SpyTerra.com ("the Site"). Applicants (referred to as 'members') must agree to the following Terms and Conditions. In the event a member breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to "the Site", "the Site" may terminate the participation of such member in the service and/or may withhold any payments relating to participation in the service due to such member from "the Site".

1. ELIGIBILITY REQUIREMENTS

"the Site" shall have absolute discretion as to whether or not it accepts a particular applicant or business for participation in the service. In addition, "the Site" shall have absolute discretion to allow or disallow any material posted by a registered members, or any bid posted by a Consultant, or any other message or posting posted by any member.

2. REMOVAL FROM NETWORK

"the Site" reserves the right to terminate the participation of any member or business without reason but expressly including any member site that "the Site" judges to be in violation of the Terms and Conditions.

Members in violation of "the Site" Terms and Conditions or suspected by "the Site" of involvement in any fraudulent activity will be immediately deactivated. "the Site" may deactivate members with no prior notification. Members who are deactivated for any such breach or suspected fraud will not be eligible to receive any further credit or payment from "the Site", and funds in the Member's account may be used to refund other members at "the Site" discretion.

3. THE ROLE OF SITE

"the Site" functions as a venue to connect Customers and Consultants in a virtual marketplace. As a neutral facilitator, "the Site" is not directly involved in the actual transactions between users of "the Site". As a result, "the Site" has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, "the Site" cannot and does not confirm the identity of users. "the Site" also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any member on "the Site". You are encouraged to review our Frequently Asked Questions before taking part in a project. If you are unsatisfied with another member, the most "the Site" can do is refund the project commission you have been charged by us. We cannot refund the money you have sent to someone and we will not be held responsible for the actions of any Customers nor Consultants who use "the Site". Please ensure you understand the role of "the Site" before using "the Site".

4. CONTENT

All postings, text, files, images, photos, sounds, or other material transmitted through or linked from this service are the sole responsibility of the person from whom this content originated. This site does not control, and can not be held responsible for content made available. All information posted is solely published and edited by its users. You are entirely responsible for all content that you post, email, distribute, or otherwise make available on or through this service. Content posted on this site is not pre-screened or approved, but we reserve the right to remove any content posted on this site at our discretion. By using this service, you understand that you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Content may contain links to third party websites which are entirely independent of this site. No warranty or guarantee is given as to the accuracy, completeness, or authenticity of the information contained on this site. All opinions, statements, or ideas are explicitly those of individual posters, and not necessarily those of "the Site" operators. Usage of this web site, links, and content contained within is at your own risk. Under no circumstances will this site be held liable in any way for loss or damages incurred as a result of using this site. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on any content, and that under no circumstances will this site be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available through this site. All services provided are for lawful purposes only.

5. USER CONDUCT AND OBLIGATION

It is your responsibility to research and understand the laws where you live before posting content. You understand and agree that you may only post true and accurate information, and that doing otherwise, or submitting content that is unlawful or tortuous may subject you to legal ramifications including criminal and civil penalties.

You will not post, link to, or otherwise make available content:

1. that is illegal, obscene, unlawful, defamatory, libelous, vulgar, lewd, threatening, harassing, or harmful to minors.
2. that states or implies that someone has a sexually transmitted disease or other loathsome disease or has committed a crime.
3. that impersonates any person or entity, or misrepresents your affiliation with another person or entity.
4. that constitutes copyright, trademark, trade secrets or any other content that you do not have rights to publish.
5. that attempts to defraud or scam anyone.
6. that is any form of advertising, marketing, spam, junk mail, chain letters, or contains links to any commercial services.

You agree not to:

1. contact anyone who has asked not to be contacted.
2. stalk or harass anyone.
3. use information provided on this site for commercial or unlawful purposes.
4. use automated means including bots or spiders to post or download information from this site unless explicitly permitted, or post any content from an automated posting means or a non-manual way, or in a way that this site did not intend.
5. post content that is irrelevant, false, misleading, or misinformative.
6. impose an unreasonably large load on our infrastructure.
7. attempt to gain unauthorized access to another user's account, to our computer systems, or engage in any activity that may disrupt or diminish the quality of service of this site.

You agree that:

1. you will maintain a valid email address in your account settings.
2. you are at least 13 years of age and all persons you reference must be at least 13 years old.
3. postings that have not been accessed for an extended duration may be manually or automatically deleted to free up resources as necessary.
4. you are solely responsible for the content you post, and agree not to hold "the Site" or any of its operators or subsidiaries liable for any loss or damages as a result of your use of this service.
5. you will secure and be the sole holder of your password. You also agree to make reasonable efforts to avoid your account's security from being compromised, such as logging out from this site when you are finished.
6. "the Site" does not review postings before they are activated, and all content is the sole responsibility of the person who submitted it.
7. if there is a dispute between participants on this site, or between users and any third party, you understand and agree that this site is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release this site, its officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you use this site from or live in California, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

6. LEGALITY

Users are strictly forbidden from posting projects on "the Site" which request or solicit any illegal activity, and Consultants are forbidden from bidding on such. All solicitations for or offers of illegal services will be removed by "the Site" and relevant user accounts will be deactivated. Users must be mindful of the laws in the jurisdiction in which a project is based and must ensure that projects and bids relate to lawful activities.

7. POSTING OF E-MAIL AND WEB SITE ADDRESSES

Members agree not to post their e-mail address or web site address (URL) on "the Site", except in the "e-mail" field of the signup form and other forms especially designed for that information, or when asked by "the Site" at any other time. There should be no need to give anyone your e-mail or web site address. It is automatically provided if you choose a Consultant (or you are the Consultant chosen for) a project, and before that time you can use the message board to communicate. This also applies to all other forms of direct communication information, including phone numbers, ICQ, Skype, AIM, MSN Messenger, etc... The only Consultants who publish their profile information into Consultants directory can post such information. See "Avoiding Commissions" below.

8. PROVIDING CONTACT INFORMATION

You are prohibited from making direct contact with another member, unless it's for a project you (a Consultant) have been picked for, or you (a Customer) have picked a Consultant for. This includes giving out your e-mail address, Internet messenger name, phone number, address, web site address or any other method of contact outside of this site. In addition, any member believed to have contacted another member via improper contact information posted on "the Site" will be similarly considered to have breached these Terms and Conditions. Freelance Security provides you with message boards and private messaging which should be sufficient for pre-project planning. These terms are not applicable to paid Consultants directory where all sites visitors can obtain such information.

9. AVOIDING COMMISSIONS

You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of "the Site") after that project has been created/opened and before that project has been closed (basically, during an ongoing project). This also applies if you post a project that is later closed without a Consultant being chosen, and then contact them about the project anyway.

In addition, both parties are responsible for notifying "the Site" if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a Consultant requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Consultant has failed to notify "the Site" of a payment received above the amount of his bid, "the Site" reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on "the Site".

10. BIDDING

Consultants can only place bids that equal the total amount of money they are requesting for the entire project. You cannot post an hourly or daily bid or any other abnormal type of bid other than the cost of the whole project. This applies to Buyers too, in that you cannot create projects that directly or indirectly require Consultants to place hourly, daily or other abnormal bids.

11. ADVERTISING

You are prohibited from advertising your website on "the Site". Any URL posted in a bid, project description, or the message board, must relate to a project on "the Site".

12. PAYMENTS

Upon user request, "the Site" process payments made through the PayPal and WebMoney services only. PayPal and WebMoney payments are generally made within 24 hours and can be deposited on your account with our site only. All amounts are stated in and all payments will be made in US funds. "the Site" reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your "the Site" account or face account termination.

Any member that "the Site" removes from the service due to violation of the Terms and Conditions will receive no credit or payment.

13. COPYRIGHTS

No copyrighted material can be posted on "the Site", in order to protect the author's rights.

14. OWNERSHIP

Members agree that all information contained on a website operated by "the Site", and all information compiled by "the Site" through operation of the affiliate program, is the proprietary information of "the Site". Personal information provided by members to "the Site" will be kept confidential and will not be distributed to any third party.

15. CHANGES TO TERMS AND CONDITIONS

"the Site" reserves the right to change these Terms and Conditions from time to time without notice. It is the responsibility of the user to ensure you check the Terms and Conditions regularly for updates. Changes to the Terms and Conditions may include changes to commission or other charge rates. In the event "the Site" offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.