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
By accessing and using the Online Services you agree to the posted
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
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;
<![if !supportLists]>(c) <![endif]>harass
<![if !supportLists]>(d) <![endif]>harm or
<![if !supportLists]>(e) <![endif]>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;
<![if !supportLists]>(f) <![endif]>impersonate
or cause others to believe that you are another person;
<![if !supportLists]>(g) <![endif]>share
your password with other people or allow others to use your OPG Online
<![if !supportLists]>(h) <![endif]>send
unsolicited advertising or other messages not related to the subject matter of the forum to which
it is sent;
<![if !supportLists]>(i) <![endif]>collect
personal data from OPG users without their express consent; and,
<![if !supportLists]>(j) <![endif]>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.
<![if !supportLists]>(j) <![endif]>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.
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.
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
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 email@example.com. OPG will, at its discretion, carry out your
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.
By agreeing to this User
Agreement, you also consent to the privacy practices detailed in our Privacy
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
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.
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.
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
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.
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.
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.
OPG respects the rights of others. If you have a complaint regarding abuse of our Online Services,
please send an e-mail to firstname.lastname@example.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.
Policy Group, Inc.
Francisco, CA 94110
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
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
top of page