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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.

 

Contents Copyright 2009, WentPostal.com, Inc