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One Internet with Equal Access for All
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Bobby Approved (v 3.2)
blank Terms of Service, Other Policies, and
Copyright ©2000-2004
Online Policy Group, Inc.

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Online Policy Group Terms of Service User Agreement

Welcome to the Online Policy Group (“OPG”). OPG provides the information, services and programs offered through the Online Policy Group (onlinepolicy.org), the California Community Colocation Project (communitycolo.net), QueerNet (queernet.org), and any other projects of the Online Policy Group (collectively, "Online Services") to you subject to the following User Agreement (“Agreement”), which may be amended as described below. The current Agreement will always be available for your review at http://www.onlinepolicy.org/policy/tos.shtml.  By accessing and using the Online Services you agree to the posted Agreement.

OPG Services

The OPG Online Services currently include Internet email, email list hosting, website hosting, domain registration, colocation, and other services.   These services may change from time to time and are provided for your information and enjoyment.  The OPG Online Services are provided “AS IS.”  You understand and agree that OPG assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and your inability to access or make use of all or part of our Online Services.  Furthermore, you understand and agree that OPG assumes no responsibility for deletion, loss or mis-delivery of information stored or delivered through the OPG Online Services.

Your Use of OPG Online Services

In consideration for your use of the OPG Online Services you agree to the following conditions.

You agree to provide true, accurate, current, and complete information about yourself as prompted by our Online Services’ registration forms and update that information to keep it accurate.

You acknowledge and agree that our Online Services contain proprietary information that is protected by applicable intellectual property and other laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit use of our Online Services, access to our Online Services or any of the content accessible through our Online Services for any commercial purposes except to use such information or content for the sole purpose of listing our service in a search engine or other service directing users to our site.  You also agree not to use our Online Services to:

(a) violate any applicable local, state, national or international law;

(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;

(c)    harass other people;

(d)   harm or exploit minors;

(e)    provide false or incomplete information to OPG or the OPG Online Services, or fail to promptly update information provided to OPG to keep it accurate;

(f)     impersonate or cause others to believe that you are another person;

(g)    share your password with other people or allow others to use your OPG Online Services account;

(h)    send unsolicited advertising or other messages not related to the subject matter of the forum to which it is sent;

(i)      collect personal data from OPG users without their express consent; and,

(j)     interfere with or disrupt our Online Services, those of our users or any other person or service, including but not limited to hacking, portscanning, banner checking or other invasive investigation of machines.

(j)     excessive use of our online services, including but not limited to network bandwidth, computer system resources, and domain registrations.

OPG does not claim ownership of content you upload or otherwise transmit through OPG Online Services.  However, you grant OPG a world-wide, royalty-free and non-exclusive license to reproduce, distribute, modify and publish any content you upload or otherwise transmit through the OPG Online Services for the purpose of retransmitting that content through the OPG Online Services.

If you do not fulfill your obligations under this Agreement, or you solicit others to breach their agreement with OPG, OR FOR ANY OTHER REASON OR NO REASON, at OPG’s sole discretion and without limiting its other remedies, OPG may terminate your access to part or all of our Online Services. However, 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.

Children

Our Online Services are not designed for use by children.  If you are under the age of 13, you may not use our Online Services.  By accepting this agreement, you agree and warrant that you are not under the age of 13.

An Important Note About Content Available Through The OPG Online Services

Much of the content available through the OPG Online Services, such as user websites, emails sent over our email lists, and virtually all traffic on machines colocated at OPG, is generated by our users and not by OPG. You agree that any content posted to or delivered by the OPG Online Services is the exclusive responsibility of the person who posted or sent it. You further agree that you are exclusively responsible for all content you post, send or otherwise transmit via the OPG Online Services. OPG does not pre-screen, verify, endorse or approve such content (indeed OPG may not even see it) and OPG makes no guarantee regarding the reliability, accuracy, legitimacy, or quality of the content. You agree that OPG is not responsible for any damage arising out of any content generated by our users and that though OPG has the right to modify, remove, or restrict access to any content generated by our users, OPG does not have any duty to do so.

Furthermore, some content available through the OPG Online Services may contain mature subject matter, controversial opinions, or sexually explicit material.  You agree that by choosing to receive such content, you acknowledge that you are of legal age in the jurisdiction where you wish to receive such content, that you wish to receive such content, and that you accept sole responsibility for your use of the content.

Passwords and Security

As part of choosing to use our Online Services, user accounts may be created for you for which you will receive a password or passwords.  You are responsible for maintaining the confidentiality of your accounts and passwords, and are responsible the actions of any person who uses your account or passwords to gain access to the OPG Online Services.  You agree to completely log out of your account at the end of each session and to notify OPG immediately of any unauthorized use of your accounts, or any other breach of security at any time.  You may request that your account be modified, a new password issued, or your account disabled, by sending an email to security@onlinepolicy.org.  OPG will, at its discretion, carry out your request.

OPG reserves the right to perform security audits on its systems and systems or services hosted through OPG.  These security audits may include pinging, portscanning, banner checking and any other technique OPG deems necessary.  OPG makes no warranties or guarantees as to the security of any machine operated or hosted by OPG.

Your Privacy

Your privacy is important to OPG.  Our Privacy Policy is available at: http://www.onlinepolicy.org/policy/privacypolicy.shtml. By agreeing to this User Agreement, you also consent to the privacy practices detailed in our Privacy Policy, which may be modified as set out in the Privacy Policy.  To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy.

Other Websites

Our Online Services sometimes provide links or access to other web sites and resources, including sites hosted by OPG through QueerNet and the California Community Colocation Project.  These sites are not part of OPG’s Online Services.  As OPG does not control such sites and resources, you acknowledge and agree that OPG is not responsible for their availability, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OPG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

No Warranty

YOU UNDERSTAND AND AGREE THAT WE, AND OUR SUPPLIERS, PROVIDE OUR ONLINE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT WE, AND OUR SUPPLIERS, MAKE NO WARRANTY AS TO THE RELIABILITY, ACCESSIBILITY, ACCURACY, LEGITIMACY OR QUALITY OF THE ONLINE SERVICES OR THE CONTENT AVAILABLE THROUGH THE ONLINE SERVICES.  YOU AGREE THAT USE OF THE ONLINE SERVICES AND THEIR CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Liability Limitation

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ONLINE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE ONLINE SERVICES.

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Indemnity

You agree to indemnify and hold OPG and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

Modification and Termination

You agree that OPG may amend this Agreement at any time by posting the amended terms on our site at http://www.onlinepolicy.org/policy/tos.shtml. All amendments shall automatically be effective 10 days after they are initially posted on our site. Your use of the Online Services following the effective date of any modifications shall constitute your binding acceptance of those modifications. Furthermore, you agree that this Agreement and all incorporated agreements may be automatically assigned by OPG, in our sole discretion, to a third party in the event of a merger, acquisition or other transfer. This Agreement may not be otherwise amended except in a writing signed by an officer of OPG. This Agreement was last modified on August 9, 2002.

You agree that OPG may terminate your use of the OPG Online Services at any time and for any reason whether you violate this User Agreement or not.  You further understand and agree that OPG, at its complete discretion, may remove or alter the Online Services or any of content available through them at any time and for any reason or no reason. 

Disputes

This Agreement and your relationship with OPG shall be governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, without regard to California’s conflict of law provisions. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Online Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Furthermore, you and OPG agree to submit any disputes arising from this agreement to final and binding arbitration under the Commercial Dispute Resolution Rules of the American Arbitration Association.

Complaints

OPG respects the rights of others.  If you have a complaint regarding abuse of our Online Services, please send an e-mail to abuse@onlinepolicy.org. OPG will review the complaint and, at its sole discretion, take action OPG believes to be appropriate.  If you have a complaint regarding what you believe is copyright infringement of your work, please send a notice to OPG’s agent for the purposes of 17 U.S.C. Section 512:

            Online Policy Group, Inc.

            1800 Market Street #123

            San Francisco, CA 94102

Any such copyright notices should include (a) a description of the work claimed infringed; (b) the location of the allegedly infringing material on the OPG Online Services; (c) your name, address, telephone number, fax number and e-mail address; (d) your electronic or physical signature to attest that (e) you are authorized to act on behalf of the copyright owner; (e) you have a good faith belief that the use of the work is unauthorized; and, (f) under penalty of perjury, the information in your notice is accurate.

Contact Information and Notices

Our Online Services are offered by OPG, located at Online Policy Group, Inc., 1800 Market Street #123, San Francisco, CA 94102. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Except as explicitly stated otherwise, any notices shall be given by postal mail to OPG, Attn: Will Doherty, Online Policy Group, Inc., 1800 Market Street #123, San Francisco, CA 94102 (in the case of OPG) or by email to the email address you provide to OPG during the registration process (in your case).

General

Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  This Agreement sets forth the entire and exclusive understanding and agreement between you and OPG with respect to the subject matter hereof.  This Agreement supercedes and cancels all previous and contemporaneous agreements, commitments and writings with respect to this subject matter.  You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced

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