postanotice

About

Our Service

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.

12 Posting Categories

Contact Postanotice

Questions & Answers

System Status

Terms of Use,
Security & Privacy