Terms of Use
1. Acceptance of Terms
All use of this website and related services
("Email4Neighborhoods") is subject to the following terms of
use ("Terms"), which may be changed or modified at any
time. The term Email4Neighborhoods includes all sponsors and related
entities, including but not limited to The City of XXXXX, XX and
WentPostal,com, Inc, DBA WentPostal Email
Services. You can review the most current version of the Terms at:
http://www.Email4Neighborhoods.com. By using Email4Neighborhoods in any
way, you are agreeing to comply with the then-current Terms.
2. Member Activities
You agree that you shall not:
1. interfere with other users “Members” use and enjoyment of Email4Neighborhoods;
2. use Email4Neighborhoods to conduct any activity that is illegal or
violates the rights of others, provide instructional information
about illegal activities, or promote physical harm or injury
against any group or individual;
3. use Email4Neighborhoods to advertise or sell products or services
to others;
4. post or transmit material that is libelous, defamatory,
obscene, fraudulent, harmful, threatening, abusive or hateful,
that contains nudity or pornography, that violates the property
rights of others (including without limitation infringing use of a
copyright or trademark), that violates the privacy or publicity
right of others, that is in violation of applicable laws, or that
is used to circumvent manufacturer-installed copy-protect devices,
including serial or registration numbers for software programs, or
any type of cracker utilities;
5. post or disclose any personally identifiable information
belonging to children or displaying material that exploits
children under 18 years of age;
6. impersonate another Member or Email4Neighborhoods staff member
7. contact any other Member who has asked not to be contacted;
8. "stalk" or otherwise harass any other Member;
9. collect personal data about other users for commercial or
unlawful purposes;
10. use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from Email4Neighborhoods;
11. purposefully post Content in irrelevant categories or
neighborhoods, repeatedly post the same or similar Content or
otherwise impose an unreasonable or disproportionately large load
on our infrastructure; and/or
12. attempt to gain unauthorized access to Email4Neighborhoods computer systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the performance of, or
impairs the functionality of Email4Neighborhoods.
You must immediately inform Email4Neighborhoods if you have reason to
believe that another Member is infringing any copyrights or other
proprietary materials;
3. Content
Proprietary Rights
You acknowledge that Email4Neighborhoods may
contain information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and other material
(collectively "Content") that are protected by
copyrights, trademarks, trade secrets, or other proprietary
rights, and that these rights are valid and protected in all
forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted where applicable as a
collective work under the U.S. copyright laws, and Email4Neighborhoods
owns a copyright in the selection, coordination, arrangement, and
enhancement of such Content. You may not modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer or
sale of, create derivative works from, or in any way exploit any
of the Content, in whole or in part, except as expressly permitted
by Email4Neighborhoods or otherwise stated herein. If no specific
restrictions are displayed, you may make copies of select portions
of the Content, provided that the copies are made only for your
personal use and provided you maintain any notices contained in
the Content, such as all copyright notices, trademark legends, or
other proprietary rights notices. Except as provided in the
preceding sentences or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107),
you may not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary right,
without obtaining permission of the owner of the copyright or
other propriety right.
Distribution/Uploading of Third-Party Content
Except as set forth
above, you may upload to or otherwise distribute on Email4Neighborhoods
only Content that is not subject to any copyright
or other proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express
authorization for distribution on the World Wide Web. You will be
liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising
from such submission. Neither Email4Neighborhoods, its affiliates, nor
any of their officers, directors, employees, or agents will be
liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising
from Content you provide. By submitting Content to Email4Neighborhoods, including, without limitation, comments or forum
postings, you automatically grant, or warrant that the owner of
such Content has expressly granted to Email4Neighborhoods the
royalty-free, perpetual, irrevocable, nonexclusive right and
license to use, reproduce, publish, translate, sublicense, copy,
and distribute the Content in whole or in part worldwide and/or to
incorporate it in other works in any form, media, or technology
now known or hereafter developed for the full term of any
copyright that may exist in such Content. Subject to this grant,
the owner of Content placed on Email4Neighborhoods retains any and all
rights which may exist in such Content.
Third-Party Content
Neither Email4Neighborhoods nor its affiliates,
nor any of their officers, directors, employees, or agents, nor
any third party guarantees the accuracy, completeness, or
usefulness of any Content, nor its merchantability or fitness for
any particular purpose. In many instances, the Content available
through Email4Neighborhoods represents the opinions and judgments of
Members not under contract with Email4Neighborhoods neither endorses
nor is responsible for the accuracy or reliability of any opinion,
advice, or statement made on Email4Neighborhoods by anyone other than
authorized Email4Neighborhoods employees. Under no circumstances shall
Email4Neighborhoods, or its affiliates, or any of their officers,
directors, employees, or agents be liable for any loss, damage or
harm caused by your reliance on information obtained through Email4Neighborhoods
or through communications with Email4Neighborhoods employees. It is your responsibility to evaluate the information,
opinion, advice, or other Content available through Email4Neighborhoods.
4. Notification of Claims of Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify Email4Neighborhoods' agent for notice of claims of copyright or other
intellectual property infringement ("Agent"), at:
WentPostal.com, Inc
DBA WentPostal Email Services
7600 E Arapahoe Rd., #320
Centenniial, CO 80112
Phone: 720-529-8515
MailMaster@WentPostal.com
In notifying us of the alleged copyright infringement, please be
sure to include the following information:
1. a description of the copyrighted work that is the subject of
the claimed infringement (if multiple works are being infringed at
a single site, a representative list of such works at that site is
adequate);
2. a description of the infringing material and information
sufficient to permit us to locate the material; contact
information for you, including your address, telephone number
and/or email address;
3. a statement by you that you have a good faith belief that use
of the material in the manner complained of is not authorized by
the copyright owner, or its agent, or the law;
4. a statement by you, signed under penalty of perjury, that the
information in the notification is accurate and that you have the
authority to enforce the copyrights that are claimed to be
infringed; and
5. a physical or electronic signature of the copyright owner or a
person authorized to act on its behalf.
Failure to include all of the above-listed information may result
in a delay of the processing of your complaint. Email4Neighborhoods
will comply with requirements of the Digital Millenium Copyright
Act. Consistent with the DMCA, and in accordance with Email4Neighborhoods’ acceptable use policy,
Email4Neighborhoods reserves
the right to terminate system access of users who repeatedly
infringe on the rights of copyright owners.
5. Privacy and Information Disclosure
Email4Neighborhoods has established a Privacy Policy to explain to
users how their information is collected and used, located at
http://www.Email4Neighborhoods.com. Your use of Email4Neighborhoods
signifies acknowledgement of and agreement to our Privacy Policy.
You further acknowledge and agree that Email4Neighborhoods 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 Email4Neighborhoods, its users or the general
public.
6. No Spam Policy
You understand and agree that you shall not send unsolicited email
advertisements to Email4Neighborhoods email addresses, through Email4Neighborhoods
computer systems, or to Members. Any unauthorized
use of Email4Neighborhoods 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.).
7. Disclaimers and Limitation of Liability
ALL CONTENT, PRODUCTS, AND SERVICES ON EMAIL4NEIGHBORHOODS, OR
OBTAINED FROM A WEBSITE TO WHICH EMAIL4NEIGHBORHOODS IS LINKED (A
"LINKED SITE"), ARE PROVIDED TO YOU ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF
ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT
AVAILABLE THROUGH THE EMAIL4NEIGHBORHOODS WEB SITE.
YOU AGREE THAT EMAIL4NEIGHBORHOODS, ITS AFFILIATES AND ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE
LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY)
ARISING OUT OF OR IN CONNECTION WITH THE USE OF
EMAIL4NEIGHBORHOODS
OR
A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE
EMAIL4NEIGHBORHOODS
OR A LINKED SITE, EVEN IF EMAIL4NEIGHBORHOODS IS MADE
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON
LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY
VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL
OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER
INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET
SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS,
STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.
EMAIL4NEIGHBORHOODS CANNOT AND DOES NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO EMAIL4NEIGHBORHOODS.
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES
PUBLISHED OR MADE AVAILABLE ON EMAIL4NEIGHBORHOODS OR A LINKED SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND
EMAIL4NEIGHBORHOODS
SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH
INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
INFORMATION ON EMAIL4NEIGHBORHOODS AND LINKED SITES.
EMAIL4NEIGHBORHOODS MAY MAKE IMPROVEMENTS OR CHANGES TO
EMAIL4NEIGHBORHOODS AT ANY TIME.
EMAIL4NEIGHBORHOODS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH
THE GOODS OR SERVICES PROVIDED BY EMAIL4NEIGHBORHOODS, THIRD-PARTY
CONTENT PROVIDERS, MERCHANTS, SPONSORS, MEMBERS, LICENSORS
(COLLECTIVELY, "PROVIDERS"), INCLUDING WITHOUT
LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS,
ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE
FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU
HEREBY EXONERATE EMAIL4NEIGHBORHOODS FROM ANY LIABILITY WITH RESPECT
TO THE SAME.
Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law.
8. Severability
The provisions of these Terms are intended to be severable. If for
any reason any provision of these Terms shall be held invalid or
unenforceable in whole or in part in any jurisdiction, such
provision shall, as to such jurisdiction, be ineffective to the
extent of such invalidity or unenforceability without in any
manner affecting the validity or enforceability thereof in any
other jurisdiction or the remaining provisions hereof in any
jurisdiction.
9. Changes to terms of use
Email4Neighborhoods reserves the right to revise these Terms at any
time and by using Email4Neighborhoods you are deemed to be apprised of
and bound by any changes to these Terms.
10. Limitations on service
You acknowledge that Email4Neighborhoods may establish limits
concerning use of Email4Neighborhoods, including the maximum number of
days that Content will be retained by Email4Neighborhoods, the maximum
number and size of postings, email messages, or other Content that
may be transmitted or stored by Email4Neighborhoods, and the frequency
with which you may access Email4Neighborhoods. You agree that Email4Neighborhoods
has no responsibility or liability for the
deletion or failure to store any Content maintained or transmitted
by Email4Neighborhoods. You acknowledge that Email4Neighborhoods reserves
the right at any time to modify or discontinue Email4Neighborhoods
(or
any part thereof) with or without notice, and that Email4Neighborhoods
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of Email4Neighborhoods.
11. Termination of service
You agree that Email4Neighborhoods, 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 Email4Neighborhoods (or any part thereof),
immediately and without notice, and remove and discard any Content
within Email4Neighborhoods, for any reason, including, without
limitation, if Email4Neighborhoods believes that you have acted
inconsistently with the letter or spirit of the Terms. Further,
you agree that Email4Neighborhoods shall not be liable to you or any
third-party for any termination of your access to Email4Neighborhoods.
Further, you agree not to attempt to use Email4Neighborhoods after
said termination. You agree that Sections 1, 5, 6, 7, 11, 12 and
13 shall survive termination of this agreement or your voluntary
discontinuation of use of Email4Neighborhoods.
12. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on
or through Email4Neighborhoods, 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 Email4Neighborhoods
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 Members, Members and any third party,
you understand and agree that Email4Neighborhoods is under no
obligation to become involved. In the event that you have a
dispute with one or more other Members, you hereby release Email4Neighborhoods, 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.
13. Indemnity
You agree to indemnify and hold Email4Neighborhoods, 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 Email4Neighborhoods, your use of
Email4Neighborhoods, 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
The Terms constitute the entire agreement between you and Email4Neighborhoods, superseding any prior agreements between you and
Email4Neighborhoods. The Terms and the relationship between you and
Email4Neighborhoods shall be governed by the laws of the State of
Colorado without regard to its conflict of law provisions. You
agree to submit to the personal and exclusive jurisdiction of the
courts located within Arapahoe County, Colorado. The failure of Email4Neighborhoods
to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or
provision.
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