Home
lego
notes
oddities
prose
rants
recipes
zevon
blog
links

 

FUQ
hosting
legalese

Legal Disclaimer

Everyone else seems to have one of these stupid-ass legal disclaimers on their site, so here's mine - a masterpiece of legal gibberish that basically absolves all responsibility, in this life and the next. How lame is that, hm?

Unless otherwise indicated, this Web Site and its contents are the property of okbanlon, and/or its parents, subsidiaries, affiliates, or assigns ("okbanlon") and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. By accessing this Web Site, you agree to the following terms and conditions. If you do not agree, you have no right or license to access and/or use this Web Site and should not do so. 1. This Web Site and the material on this Web Site, including but not limited to the text of any manuscripts provided on the Web Site (the "Manuscript"), may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior written consent of okbanlon. No intellectual property or other rights in and to the Web Site, the material on this Web Site and the Manuscript are transferred to you. 2. okbanlon MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE, ITS CONTENTS OR THE MANUSCRIPT, WHICH ARE PROVIDED FOR USE "AS IS" AND IS WITHOUT WARRANTY OF ANY KIND. okbanlon DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE, ITS CONTENTS, THE MANUSCRIPT AND ANY WEB SITE WITH WHICH THIS WEB SITE IS LINKED. okbanlon ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, INCLUDING BUT NOT LIMITED TO THE MANUSCRIPT, OR ANY WEB SITE WITH WHICH THIS WEB SITE IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. Any Manuscript provided on the Web Site is a draft and has not been subject to a final review for accuracy, technical or otherwise. Further, the Manuscript may concern a Beta Release Product that is currently under development, has not yet been finalized or released and which is subject to change without notice. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material in or on this Web Site, the Manuscript or any Web Site with which this Web Site is linked. We invite you to comment on any portions of any Manuscript provided on this Web Site. 3. To the fullest extent permitted by applicable laws, in no event shall okbanlon or its officers, directors, employees, agents, suppliers, and contractors be liable for any damages of any kind or character including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if okbanlon has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site, its contents, the Manuscript or any Web Site with which this Web Site is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. The following terms and conditions apply to all Postings on this Web Site: 4. Portions of this Web Site may provide users an opportunity to post and exchange information, ideas and opinions ("Postings"). BE ADVISED THAT okbanlon DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect the views of okbanlon. In no event shall okbanlon assume or have any responsibility or any liability for the Postings or for any claims, damages or losses resulting from their use and/or appearance on this Web Site. 5. okbanlon reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be unlawful, offensive or otherwise in breach of these terms and conditions. 6. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that such Postings shall not infringe any proprietary or other rights of third parties; that such Postings shall not contain any viruses or other contaminating or destructive devices or features; that material contained in Postings shall not be defamatory, indecent, offensive, tortious, or otherwise unlawful; and that Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. 7. You hereby authorize okbanlon to use and/or authorize others to use all or part of your Postings in any manner, format or medium that okbanlon or such other parties see fit. You shall have no claim or other recourse against okbanlon for infringement of any proprietary right in Postings. okbanlon Rules Remember this: You are responsible for your account. This means that we expect you to maintain a reasonable degree of security and not to share your password or leave it where others can make use of it. Unless we have some reason to believe that your account has been broken into by means essentially beyond your control, we have to hold you responsible for anything done under your login or from your dialup-IP host. You may NOT: 1. Do anything illegal or anything that adversely affects okbanlon's legal interests. 2. Share your password with anyone or allow anyone else to use your personal use account except in your immediate presence, nor login more than once at a time on your personal account. 3. Tamper with other accounts, or commit unauthorized intrusion into any part of okbanlon's system or use any of okbanlon's machines, files or accounts to intrude without authorization into any other system (cracking). 4. Use okbanlon services not included in your subscription or devise ways to circumvent security so you have access to services you haven't paid for (theft of services). 5. Use the system (willfully or negligently) in a manner that encumbers disk space, processors or other system resources so as to interfere with others' normal use of services on okbanlon or on other systems (a "denial of services" attack). 6. Create or participate in chain letters or pyramid schemes. 7. Send unsolicited mass mailings or unsolicited subscriptions with a "negative option" for continuation. (The negative option is one where you invite people who do not wish to receive further mailings to reply to you.) If you use a mass mailing from another site to promote a service that we host, we may disable that service. 8. Spam the net with commercial or non-commercial postings. 9. Maliciously or wantonly flood newsgroups. # How do I report unsolicited mail? If you've been "spammed" by someone you don't know, don't reply to the sender or follow any removal instructions that might be included. Instead, complain to the sender's ISP. Before it ever reaches your Inbox, each piece of email must be sent from a server. Most server administrators are responsible and don't want their machines used for spamming. ISPs typically have policies prohibiting spamming through their accounts. Once they are notified that a user has been abusing their account, many ISPs will shut down the offender. # How do you find out whom to contact? Look at the domain. This is the part after the "@" sign in an email address or the last part of the server name in a URL. For example, the URL of http://www.abc-bds.bogus.net/somepage.html has a domain of "bogus.net." Once you know the domain, email the entire message (including full headers) to "abuse@" that domain name and explain your situation. For example, if you received spam from spammer@anydomain.com, send the original email and your complaint to abuse@anydomain.com. The ISP may have further requirements, but this is the person or group you need to contact. If the spam or abusive email is being sent from a okbanlon Mail account (i.e., user@okbanlon.com), please forward an unedited copy of the following information to abuse@okbanlon.com for us to evaluate and take appropriate action per our Terms of Service. Make sure to include: The original subject line Complete headers -- Email programs often display abbreviated headers. Learn more about headers. The complete message body If your report is missing any one of these items, it may take longer for the okbanlon.com Mail Abuse Team to properly investigate and take appropriate action. How do I find out who sent the email? Governmental law strictly limits the information that online service providers like okbanlon.com may disclose about their users. However, the email message itself does contain some information relating to the sender's identity. In the headers of email messages sent via okbanlon.com Mail, an Internet Protocol (IP) address that corresponds to the sender's Internet service provider (ISP) is included. Provided that you have opted to display "full headers" in your email application, you should find a line in the email message that contains an 8 to 12 digit number, separated by periods. It should look something like this: Received: from [123.123.123.123] by . . . The "123.123.123.123" represents the unique IP address of the sender's ISP. Once you have identified the IP address, you can run a search to determine which ISP provides this person with Internet access. There are several utilities available on the web to run a search. Here's one web site where the utility will try to determine the actual computer that uses the IP address: http://www.arin.net/whois/index.html If the spam or abusive email is being sent from a okbanlon.com account, please forward an unedited copy of the message with full headers to abuse@okbanlon.com. We will evaluate the situation and take action as per our Terms of Service. Spamming from a okbanlon.com account is not acceptable. Policies / Terms of Service Terms of Payment All Service, must be paid for in full within five (5) business days of activation of Service to insure that Service is not disconnected due to customer's failure for payment of Service. Acceptable forms of payment are ["Money order or check"]. No post-dated checks will be accepted. (YOU) Customer is responsible for insuring that your account (okbanlon customer's) is current regardless of prior notification and that proper remittance has been made to okbanlon, Failure to pay for services will result in suspension or termination of service. okbanlon shall not be responsible for lost, misdirected, or misaddressed mail. Termination of service may occur without prior notification. okbanlon neither assumes nor accepts any liability for any loss, damage that may result from termination of service regardless of the grounds on which the service was terminated. * Including and NOT limited to PASS DUE Accounts. Legal General Disclaimer okbanlon neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. By doing business with okbanlon you agree that you do so at your risk and shall hold us harmless in the unlikely event that anything bad, or undesirable should happen with any and or all service. Liability & Limitations: okbanlon is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other okbanlon Network scustomer, whether legal or illegal; or any other services provided by okbanlon. In no event shall okbanlon be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the Monthly service “fees” you have paid in the preceding “Month”. Termination Policy: okbanlon has the right to terminate your service at its sole discretion It is the sole responsibility of the customer to become familiarized with any and all policies, terms, and conditions that are setforth herein. These policies, terms, and conditions may be subject to change without notice. Last modified: May 16, 2003
home Hoipolloi privacy