Serving in Unsilence (”Unsilence”) is a hosted service operated by an Anonymous Soldier (”AS”) serving in the United States Army. Any use of Unsilence is subject to the following Terms and Conditions of Use (”Terms and Conditions”), as well as to the Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of Unsilence will constitute your acceptance of these terms and conditions.

1. Your Unsilence.com Account and Site. If you create a blog on Unsilence, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and AS may change or remove any description or keyword that is considered inappropriate or unlawful, or otherwise likely to cause AS liability. You must immediately notify AS of any unauthorized uses of your blog, your account or any other breaches of security. AS will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. AS may from time to time set storage limits for your blog, or take any other measures AS considers appropriate to manage the Website. AS will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the dashboard you see when you log in to your Unsilence.com account or via the Serving in Unsilence blog accessible at unsilence.com.

2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to Unsilence, post links on Unsilence to material on , or otherwise make material available by means of Unsilence (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By creating and operating a blog on Serving in Unsilence, you represent and warrant that:

• you are either a current Member of the United States Armed Forces (Active or Reserve Component) or a former Member of the United States Armed Forces, and that you consider yourself to be LGBT;
• the Content does not violate the privacy of any LGBT Service Member or place the career of any LGBT Service Member in jeopardy;
• the Content does not violate the Military’s OPSEC policies and does not provide aid, comfort, or any other information to the Enemy that could jeopardize the Military’s mission or warfighting capabilities;
• the Content does not violate any punitive article of the UCMJ or any Command Policies local to your duty station;
• you are aware that by posting to your Unsilence blog, and if you are a current Service Member, Active or Reserve, you are in violation of 10 U.S.C 654 (”Don’t Ask, Don’t Tell”) and that any personally identifying information which could link you to your blog could be used by your Commanders as evidence of Homosexuality to be used as a basis for initiating separation action against you; and
• you agree that by providing blog services, Serving in Unsilence assumes no responsibility for your Content, and that you indemnify and hold harmless Serving in Unsilence against any and all legal liability in the event that your Content results in your separation from the United States Armed Forces under the provisions of 10 U.S.C. 654;
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene or libelous; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by AS or otherwise.

By submitting Content to AS for inclusion on your Unsilence blog, you grant AS a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, AS will use reasonable efforts to remove it from Unsilence, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, AS has the right (though not the obligation) to, in AS’ sole discretion (i) refuse or remove any content that, in AS’ reasonable opinion, violates any Unsilence policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Unsilence to any individual or entity for any reason, in AS’ sole discretion.

3. Responsibility of Serving in Unsilence Visitors. AS has not reviewed, and cannot review, all of the material, including computer software, posted to Unsilence, and cannot therefore be responsible for that material’s content, use or effects. By operating Unsilence, AS does not represent or imply that he endorses the material there posted, or that he believes such material to be accurate, useful or non-harmful. By accessing Serving in Unsilence, you represent and warrant that:

• you will not use any information made available on Serving in Unsilence to use against a Service Member;
• you will not use any information made available on Unsilence in an unlawful manner;
• you are not participating in any investigation regarding a Service Member’s sexual orientation or alleged or suspected acts of misconduct;
• you will not violate the privacy of any Service Member operating a blog on Unsilence;
• you are aware that you are solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content; and
• you are aware that Serving in Unsilence may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.

The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AS disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

4. Content Posted on Other Websites. AS has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Unsilence.com links, and that link to Unsilence.com. AS does not have any control over those non-Unsilence websites and webpages, and is not responsible for their contents or their use. By linking to a non-Unsilence website or webpage, AS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AS disclaims any responsibility for any harm resulting from your use of non-Unsilence websites and webpages.

5. Trademarks. “An Army of 1 in 10″, “Serving in Unsilence”, “Anonymous Soldier”, “Anonymous Admin”, armyof1in10.net, “A1in10″, “SIU”, unsilence.com the Unsilence logo, favicon, and all other trademarks, service marks, graphics and logos used in connection with Unsilence.com or armyof1in10.net, or the Website are trademarks or registered trademarks of AS. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Unsilence or third-party trademarks.

6. Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of AS and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

7. Limitation of warranties of Unsilence, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from Unsilence is provided “as is”, and Unsilence, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Unsilence, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

8. Limitation of liability of Unsilence, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Unsilence, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of Unsilence, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Unsilence, its suppliers or its licensors were expressly advised of the possibility of such damages. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you.

9. General Representation and Warranty. You represent and warrant that your use of Unsilence will be in accordance with the Serving in Unsilence Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.

10. Indemnification. You agree to defend, indemnify and hold harmless Unsilence, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Unsilence, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

11. Miscellaneous. These Terms and Conditions constitute the entire agreement between AS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AS, or by the posting by AS of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kerr County, Texas. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; Unsilence may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.