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The following are legal issues found necessary in
this complicated world. In each section we offer a
highlighted summary sentence
which may at times sound funny, but keep in mind, everything here is
legally relevant.
1. Terms
You agree to everything we say.
Postanotice provides a collection of online resources, including
classified ads, and various email services, (referred to
hereafter as "the Service") subject to the following Terms of
Use ("Terms"), which may be updated by Postanotice from time to
time. Postanotice will provide notice of materially significant
changes to the Term by posting notice on the Postanotice site.
You can review the most current version of the Terms at: http://www.postanotice.org/help/terms.htm.
By using the Service in any way, you are agreeing to comply with
these Terms. In addition, when using particular Postanotice
services, you agree to abide by any applicable posted guidelines
for all Postanotice services, which may change from time to
time.
If you don't like Postanotice--leave.
Should you object to any term or condition of these Terms,
any guidelines, or any subsequent modifications thereto or
become dissatisfied with Postanotice in any way, your only
recourse is to immediately discontinue use of Postanotice.
2. The service
This is open to the public so we can't
really control what you see here.
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted on,
transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated.
More specifically, you are entirely responsible for all Content
that you post, email or otherwise make available via the
Service. You understand that Postanotice does not control, and
is not responsible for Content made available through the
Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or
otherwise objectionable. Furthermore, the Postanotice site and
Content available through the Service may contain links to other
websites, which are completely independent of Postanotice.
Postanotice makes no representation or warranty as to the
accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other websites
is at your own risk.
We can't watch everything all the time, so
don't blame us.
You agree that you must evaluate, and bear
all risks associated with the use of any Content, that you may
not rely on said Content, and that under no circumstances will
Postanotice 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 via the
Service. You acknowledge that Postanotice does not pre-screen or
approve Content, but that Postanotice shall have the right (but
not the obligation) in its sole discretion to refuse, delete or
move any Content that is available via the Service, for
violating the letter or spirit of the Terms or for any other
reason.
4. Privacy and Information Disclosure
The information we store can be obtained
by others
through lawful actions.
Postanotice has established a
Privacy Policy to explain to users
how their information is collected and used, located at http://www.postanotice.org/help/privacy.html.
Your use of the Postanotice website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You
further acknowledge and agree that Postanotice may, in its sole
discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce
these Terms; respond to claims that any Content violates the
rights of third-parties; or protect the rights, property, or
personal safety of Postanotice, its users or the general public.
5. Conduct
Don't break laws, do bad things, or mess
up our lives, or anyone else's.
You agree not to post, email, or otherwise make available
Content:
that is unlawful, harmful, threatening, abusive, harassing,
defamatory, pornographic, libelous, invasive of another's
privacy, or harms minors in any way;
that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including, but not
limited to, a Postanotice employee, or falsely states or
otherwise misrepresents your affiliation with a person or
entity;
that includes personal or identifying information about
another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch;"
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party, or Content that you do
not have a right to make available under any law or under
contractual or fiduciary relationships;
that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or
solicitation if (1) posted in areas of the Postanotice sites
which are not designated for such purposes; or (2) emailed to
Postanotice users who have not requested such information in
their posted notice;
that constitutes posting essentially the same item or service
to more than one category;
that includes links to commercial services or web sites,
except as allowed in "classifieds," “services,” “housing,”
“jobs,” and “journals.”
that advertises any illegal services or the sale of any items
the sale of which is prohibited or restricted by applicable law;
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;
that disrupts the normal flow of dialogue with an excessive
number of messages (flooding attack) to the Service, or that
otherwise negatively affects other users' ability to use the
Service;
that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the
origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or
unlawful purposes;
use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service -
exception is made for internet search engines (e.g. Google) and
non-commercial public archives (e.g. archive.org);
purposefully post Content in a irrelevant category or city,
repeatedly post the same or similar Content or otherwise impose
an unreasonable or disproportionately large load on our
infrastructure; or
attempt to gain unauthorized access to Postanotice's computer
systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the Service or the Postanotice website.
6. No Spam Policy
Don't give us spam (not the
food), or mess around with our computers.
You understand and agree that sending unsolicited email
advertisements to Postanotice email addresses or through
Postanotice computer systems, which is expressly prohibited by
these Terms, will use or cause to be used servers located in New
York. Any unauthorized use of Postanotice computer systems is a
violation of these Terms and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act
(18 U.S.C. § 1030 et seq.). Such violations may subject the
sender and his or her agents to civil and criminal penalties.
7. Limitations on service
We insist on having absolute control of
all the information in our computers.
You acknowledge that Postanotice may establish limits concerning
use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and
size of postings, email messages, or other Content that may be
transmitted or stored by the Service, and the frequency with
which you may access the Service. You agree that Postanotice has
no responsibility or liability for the deletion or failure to
store any Content maintained or transmitted by the Service. You
acknowledge that Postanotice reserves the right at any time to
modify or discontinue the Service (or any part thereof) with or
without notice, and that Postanotice shall not be liable to you
or to any third party for any modification, suspension or
discontinuance of the Service.
8. Termination of service
If we don't want you to use this service,
we can stop you.
You agree that Postanotice, in its sole discretion, has the
right (but not the obligation) to delete or deactivate your
account, block your email or IP address, or otherwise terminate
your access to or use of the Service (or any part thereof),
immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without
limitation, if Postanotice believes that you have acted
inconsistently with the letter or spirit of the Terms. Further,
you agree that Postanotice shall not be liable to you or any
third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 9-13 shall survive termination
of these Terms.
9. Dealings with organizations and individuals
We won't pay for your mistakes in
judgment.
Your interactions with organizations and/or individuals found on
or through the Service, including payment and delivery of goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely
between you and such organizations and/or individuals. You agree
that Postanotice shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this
site, or between users and any third party, you understand and
agree that Postanotice is under no obligation to become
involved. In the event that you have a dispute with one or more
other users, you hereby release Postanotice, its officers,
employees, agents and successors in rights from claims, demands
and damages (actual and consequential) 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.
10. Proprietary rights
We have copyright rights to our stuff,
and permission to show your stuff.
The Service is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed on
or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the Sites
or the collective work is prohibited. Copying or reproducing the
sites or any portion thereof to any other server or location for
further reproduction or redistribution is prohibited. You
further agree not to reproduce, duplicate or copy Content from
the Service, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source
code contained in the Service. Without limiting the foregoing,
you agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any aspect of the Service.
postanotice is a registered mark in the U.S. Patent and
Trademark Office.
Although Postanotice does not claim ownership of content that
its users post, by posting Content to any public area of the
Service, you automatically grant, and you represent and warrant
that you have the right to grant, to Postanotice an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works,
said Content, and to grant and authorize sublicenses (through
multiple tiers) of the foregoing.
11. Disclaimer of Warranties
We can't be blamed for anything--because
we try to manage things, and because we told you so.
YOU AGREE THAT USE OF THE Postanotice SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE Postanotice SITE AND THE SERVICE
ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, Postanotice DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF
THE Postanotice SITE AND THE SERVICE. TO THE FULLEST EXTENT
PERMITTED BY LAW, Postanotice DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
Postanotice SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH
ANY LINKS ON THE Postanotice SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, Postanotice DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
Postanotice SITE OR THE SERVICE. Some jurisdictions do not allow
the disclaimer of implied warranties. In such jurisdictions,
some of the foregoing disclaimers may not apply to you insofar
as they relate to implied warranties.
12. Limitations of Liability
We really really can't be blamed for
anything.
UNDER NO CIRCUMSTANCES SHALL Postanotice BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF Postanotice HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
Postanotice SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE Postanotice SITE OR THE SERVICE, FROM
INABILITY TO USE THE Postanotice SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE Postanotice SITE OR THE SERVICE. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE Postanotice SITE OR THE
SERVICE OR ANY LINKS ON THE Postanotice SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE Postanotice SITE OR THE
SERVICE OR ANY LINKS ON THE Postanotice SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdiction, limitations of liability are not permitted. In
such jurisdictions, some of the foregoing limitation may not
apply to you.
13. Indemnity
And even if you try to blame us, you can't
hold us accountable.
You agree to indemnify and hold Postanotice, its officers,
subsidiaries, affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers and employees,
harmless from any claim or demand, including reasonable attorney
fees and court costs, made by any third party due to or arising
out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms,
your breach of any of the representations and warranties herein,
or your violation of any rights of another.
14. General information
And if you do try to hold us accountable,
you must do it where we live.
The Terms constitute the entire agreement between you and
Postanotice and govern your use of the Service, superceding any
prior agreements between you and Postanotice. The Terms and the
relationship between you and Postanotice shall be governed by
the laws of the State of New York without regard to its conflict
of law provisions. You and Postanotice agree to submit to the
personal and exclusive jurisdiction of the courts located within
the county of Westchester, New York. The failure of Postanotice
to exercise or enforce any right or provision of the Terms shall
not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the Terms must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
15. Violations of Terms and Liquidated Damages
Tell us if you see something bad, but even if
we don't act, it doesn't mean we can't act on a similar issue later.
Please report any violations of the Terms, by emailing to legal@postanotice.org.
Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or
similar breaches.
We're going to bill you if you break
serious rules--there are consequences!
You understand and agree that, because damages are often
difficult to quantify, if actual damages cannot be reasonably
calculated then you will be liable to pay Postanotice liquidated
damages as follows:
a. If you post a message that (1) impersonates any person or
entity; (2) falsely states or otherwise misrepresents your
affiliation with a person or entity; or (3) that includes
personal or identifying information about another person without
that person's explicit consent, you agree to pay Postanotice one
thousand dollars ($1,000) for each such message.
b. If Postanotice establishes limits on the frequency with which
you may access the Service, or terminates your access to or use
of the Service, you agree to pay Postanotice one hundred dollars
($100) for each message posted in excess of such limits or for
each day on which you access Postanotice in excess of such
limits, whichever is higher.
c. If you send unsolicited email advertisements to Postanotice
email addresses or through Postanotice computer systems, you
agree to pay Postanotice twenty five dollars ($25) for each such
email.
d. If you post messages in violation of these Terms of Use,
other than as described above, you agree to pay Postanotice one
hundred dollars ($100) for each such message. In its sole
discretion, Postanotice may elect to issue a warning before
assessing damages. Otherwise, you agree to pay Postanotice's
actual damages, to the extent such actual damages can be
reasonably calculated.
3. Notification of Claims of Infringement
Tell us if someone violates your copyright
on Postanotice.
If you believe that your work has been copied and displayed on
Postanotice in a way that
constitutes copyright infringement, or that your intellectual
property rights have been otherwise violated by display on
Postanotice, please notify
Postanotice at legal@postanotice.org
or:
Copyright Agent
Postanotice
P.O. Box 212
Dobbs Ferry, NY 10522
Please provide the following information:
1. Identify the copyrighted work or other intellectual property
that you claim has been infringed, including the specific material on the
Postanotice site that you claim
is infringing, with enough detail so that we can locate it on
the website;
2. A statement by you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that
owner; that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the
law; and that the information you supply to us is accurate and
complete.
3. Your address, telephone number, and email address; and
4. Your physical or electronic signature.
Postanotice's Agent will forward this information to the alleged
infringer.
Listing organizations.
Examples of organizations that can be listed for
searching purposes are: interest groups, clubs, not-for-profits,
community groups, or government entities. Organizations that
cannot be listed here for searching purposes are: corporations,
and for profit companies.
We reserve the right to exclude organizations
that actively work against the following: the Universal
Declaration of Human Rights, the practice of environmental
sustainability, the pursuit of universal healthcare, a woman's
right to control her own body, and the practice of conflict
resolution (local and international).
How are we doing?
We welcome your feedback: using
this contact info, or our
questionnaire.
Security & Privacy
Information processing on our site relies on
relatively simple methods--we use third party
processing for credit card transactions, and we do not ask for personal information
in order to post. Even though ours is a simple system, and we do
take steps to assure your privacy and security, you must still
use common sense in posting, and responding to notices.
Email management
Whether you post notices or answer, or interact
with the public in any way using email on the internet, your
email address can be picked up by mass-market advertisers or
those spreading viruses. You should exercise caution in
responding to unsolicited emails you receive, and keep your anti-virus software up-to-date.
You may also consider the type of email you use when
communicating with the general public.
One way to secure your email is by
using a
web-based system. We are not recommending any particular
service, but as an example, we'll describe Yahoo.com. This site utilizes built-in systems that help block spam and
offers methods for the user to block addresses or domains. They also scan for viruses,
and you can obtain an account at no charge. One other advantage of using web-based email for
use with the public is the relative ease with which you
can change addresses should you wish to.
Keeping your anti-virus
software current, and exercising common sense in responding
should enable you to manage your email safely.
Policy & procedures
Postanotice has established this privacy policy to explain to
you how your information is protected, collected and used, which may
be updated by Postanotice from time to time. Postanotice will
provide notice of materially significant changes to this privacy
policy by posting a notice in "System
Status" on the
Postanotice site.
We do not display any form
of commercial advertising.
We do not share your information with anyone for marketing
purposes.
We do not engage in cross-marketing or link-referral programs
with other sites.
We do not employ tracking devices for marketing purposes
("cookies", "web beacons," single-pixel gifs).
Except for initial posting notifications for organizations, we do not send unsolicited communications for marketing
purposes.
Please do not post any
personal information on Postanotice that
you expect to keep private.
Data collection
Postanotice, or people who post on
Postanotice, may provide links
to third party websites, which may have different privacy
practices. We are not responsible for, nor have any control
over, the privacy policies of those third party websites, and
encourage all users to read the privacy policies of each and
every website visited.
We do collect email addresses and
other contact information such as name(s), phone/fax number(s),
and addresses for the following purposes: sending
links to complete notice postings, reminders of expiration dates
for certain notices, and other service related information sent
to organizations.
Postanotice does not store credit card information.
Credit card
transactions are transmitted to a financial gateway.
We may collect personal information if you provide it in
feedback or comments, post it on our boards, or if you contact us directly.
Our web logs collect standard web log entries for each page
served, including your IP address, page URL, and timestamp. Web
logs help us to diagnose problems with our server, to administer
the Postanotice site, and to otherwise provide our service to
you.
Stored information
All postings are stored in our database,
even after "deletion," and may be archived elsewhere.
Our web logs and other records are stored indefinitely.
Although we make good faith efforts to store information in
a secure operating environment that is not available to the
public, we cannot guarantee complete security.
Search engines and other sites not affiliated with
Postanotice -
including archive.org, google.com, and groups.yahoo.com -
may archive or otherwise make available Postanotice postings,
including resumes.
Releasing information
Postanotice may disclose information about its users to law
enforcement officers or others, in the good faith belief that
such disclosure is reasonably necessary to: respond to
subpoenas, court orders, or other legal process; enforce our Terms of
Use; respond to claims that any posting or other content
violates the rights of third-parties; or protect the rights,
property, or personal safety of Postanotice, its users or the
general public.
International Users
By visiting our web site and providing us with data, you
acknowledge and agree that due to the international dimension of
Postanotice we may use the data collected in the course of our
relationship for the purposes identified in this policy or in
our other communications with you, including the transmission of
information outside your resident jurisdiction. In addition,
please understand that such data may be stored on servers
located in the United States. By providing us with your data,
you consent to the transfer of such data.
We welcome your feedback. |