Terms of Service
Welcome to the
GODEBBYGO.COM
Internet service
(the "Service").
This document
explains the terms
and conditions for
using our Service
(the "Agreement").
By using our
Service, you consent
to this Agreement
and any new version
of it posted since
your last visit. If
the Agreement is not
acceptable, then
please do not use
our Service. This
Agreement was last
updated on: Friday,
16TH SEPETMER, 2006
USING OUR CONTENT
& SERVICE.
Access To This
Site. YOU
MUST BE EIGHTEEN
(18) YEARS OR OLDER
TO ACCESS THIS WEB
SITE. IF YOU ARE
UNDER EIGHTEEN YEARS
OF AGE, YOU ARE NOT
PERMITTED TO ACCESS
THIS WEB SITE FOR
ANY REASON. DUE TO
THE AGE RESTRICTIONS
FOR USE OF THIS WEB
SITE, NO INFORMATION
OBTAINED BY THIS WEB
SITE FALLS WITHIN
THE CHILD ONLINE
PRIVACY ACT (COPA)
AND IS NOT MONITORED
AS DOING SO.
Our
Proprietary Rights.
Our Service may
contain an
assortment of
information, data,
software, images,
video clips, music,
links, logos and
other material
("Content") that are
the copyright,
trademark or other
intellectual
property of the
owners of this
Service or third
party suppliers. The
Content in this
Service is
copyrighted
individually and as
a collective work.
All rights are
reserved. The name "GODEBBYGO.COM"
and other names
appearing herein are
the trademarks or
registered
trademarks of the
Service or the
respective third
party owners. You
will ensure that all
copyright, trademark
or other proprietary
rights notices
appearing on any
Content remain
intact and legible.
All licenses are
non-exclusive.
Linking to Our
Site. You
may not display our
Content within a
frame or border, or
"deep link" or
harvest Content
located below our
top-most URL. You
will not link to our
Service or Content
in a manner that
suggests an
endorsement or
affiliation between
our sites. You will
remove any link to
our Service that we
find objectionable
promptly upon
request.
Reservation of
Rights. All
content,
communications,
software
applications,
digital products,
updates and features
of this Service are
copyrighted by the
Service, its owners,
suppliers or other
third parties. We
reserve all rights
not specifically
granted to you. This
means permission to
use the Service and
related intellectual
property rights will
be narrowly
interpreted by a
court in our favor.
Except as
specifically
authorized in this
Agreement, you may
not store, copy,
reproduce, adapt,
reformat, create
derivative works of,
transmit,
disseminate,
publicly display or
perform any
copyrighted material
from this Service.
You may not reverse
engineer our Service
or any software
obtained from it to
discover its
underlying design or
inner workings (and
you will hold in
confidence for our
benefit alone
anything discovered
in violation of this
provision). If you
infringe our
intellectual
property rights or
exceed the scope of
permitted use of
this Agreement, you
agree that we could
be irreparably
injured and may
obtain a court order
without necessity of
posting bond to
enjoin you from
further mischief.
YOUR CONTENT &
SUBMISSIONS.
Your Public
Messages.
Our Service includes
certain interactive
features that allow
users to post,
transmit and receive
messages or content
to discussion
forums, newsgroups,
chat areas,
calendars or other
online channels
("Communications").
We do not prescreen
or editorially
control
Communications on
our Service. We
reserve the right
(but do not assume
the responsibility)
to block or remove
any Communications
brought to our
attention which we
consider in
violation of this
Agreement or
detrimental to the
Service or to any
person.
Permission to
Publish. Our
Service does not
claim ownership in
the content of your
Communications. If
you make
Communications, you
irrevocably grant
our Service (and any
affiliates and
sub-licensees) the
worldwide,
perpetual,
royalty-free,
sub-licensable right
and license to
store, copy,
reproduce, adapt,
reformat, create
derivative works of,
transmit,
disseminate,
publicly display and
perform such
Communications
through the Service
and to make such
incidental and
additional uses as
may be needed to
operate the Service
and any affiliated
sites through any
media or technology
now known or
hereafter created.
You irrevocably
grant us the right
to obtain a
copyright in the
"thread" or
compilation of
Communications on
the Service
generally, including
your own
Communications.
Data
Management &
Disclosure.
We reserve the right
to manage and
operate our system
resources and to
archive or delete
any files stored on
our Service at any
time. You are
responsible for
making back-up
copies of any files
that you wish to
preserve. We may
archive or delete
files stored in
accounts that have
not been logged into
and are inactive for
an extended period
of time, as
determined by the
Service. We do not
claim any ownership
rights in the
contents under your
account. We may
disclose the
contents of your
account (a) as
required by law or
legal process, (b)
to protect or defend
the rights of the
Service, (c) to
enforce this
Agreement, or (d) to
protect the
interests of any
other user.
Prohibited
Behavior.
You will not upload,
store or disseminate
any Content or make
any Communications
which violate or
infringe the
intellectual
property or privacy
rights of any person
or which a
reasonable person
would consider
abusive, profane,
hateful, racially or
ethnically
offensive, which are
defamatory or
harassing, or which
violate or encourage
others to violate
this Agreement or
any applicable law.
You will not upload
or transmit
pornographic or
obscene images or
files, and you will
not impersonate our
personnel or disrupt
the orderly
operation of the
Service. You will
not use the Service
to violate any
applicable law,
including U.S. or
foreign securities
laws or regulations.
In order to protect
itself, the Service
may without
liability actively
cooperate with and
furnish identifying
and supporting
information to any
person likely to be
harmed or affected
by your violation of
this Agreement and
to any law
enforcement agency
conducting an
investigation. You
also agree not to
make any
Communication that
encourages users to
terminate their use
of the Service or to
use a competitor's
service.
Anti-Spam
Restriction.
You will not use our
Service to make any
Communications which
are unsolicited bulk
advertising or
promotional messages
("spam"), so-called
"chain letters,"
pyramid schemes, or
make Communications
of a promotional
nature other than
through channels
authorized by the
Service. You may not
harvest email
addresses or instant
messaging
identifiers. Because
the damage incurred
by us in connection
with spam campaigns
may be difficult to
ascertain, you agree
to pay liquidated
damages of $3 per
individual recipient
of spam messages
transmitted under
your account if you
knowingly cause spam
to be sent.
THIRD PARTY LINKS
AND ADVERTISERS.
Content, goods or
services may be
offered by third
parties through
hotlinks or
advertisements
contained on our
Service or through
private-branded
areas that are
controlled by third
party providers.
These are offered as
a convenience to
you. We have no
control over and do
not endorse third
party content, goods
or services. We act
as a distributor and
not as a republisher
of third party
content and as an
advertising channel
for third party
goods and services.
Third party
providers may
change, add or
discontinue their
content or offerings
at any time without
notice. They may
impose additional or
different conditions
on your use of their
content or services
(please read any
additional terms
that may be posted
by such providers).
WE DISCLAIM ALL
REPRESENTATIONS AND
WARRANTIES REGARDING
CONTENT, GOODS OR
SERVICES YOU OBTAIN
FROM THIRD PARTY
PROVIDERS. YOU WILL
LOOK SOLELY TO THE
THIRD PARTY PROVIDER
FOR ALL CLAIMS
REGARDING SUCH
MATTERS.
SYSTEM SECURITY.
We offer secure web
pages to collect
certain kinds of
information from
users and we store
certain kinds of
sensitive
information in
encrypted form. We
follow reasonable
technical and
management practices
to help protect the
confidentiality,
security and
integrity of data
stored on our
system. While no
computer system is
completely secure,
we believe the
measures implemented
by our Service
reduce the
likelihood of
security problems to
a level appropriate
to the type of data
involved.
OUR PRIVACY
POLICY.
Our Privacy Policy
for this Site is
posted
Privacy Policy
page. The terms of
that Policy, and any
future amendments to
it, are hereby
incorporated by
reference in its
entirety into this
Agreement and
subject to these
terms. Third parties
providing goods or
services to you
(including those
advertising or
providing links on
our Service) may
have privacy
policies or
practices that
differ from our own.
Please check their
sites' privacy
disclosures for
details.
WARRANTIES &
LIABILITIES.
Warranty
Disclaimer.
THIS SERVICE
(INCLUDING ALL
INFORMATION,
CONTENT,
COMMUNICATIONS,
FEATURES, PRODUCTS,
SOFTWARE AND
SERVICES) MAY
INCLUDE
INACCURACIES, ERRORS
AND DEFECTS AND IS
PROVIDED AS-IS AND
AS-AVAILABLE WITHOUT
WARRANTY OF ANY
KIND. ALL
WARRANTIES,
INCLUDING
MERCHANTABILITY,
QUALITY,
INTEGRATION,
ACCURACY,
WORKMANLIKE EFFORT,
FITNESS FOR A
PARTICULAR PURPOSE,
TITLE AND
NON-INFRINGEMENT ARE
DISCLAIMED. THE
SERVICE IS NOT
RESPONSIBLE FOR
UNAUTHORIZED ACCESS
TO OR DISRUPTION OF
YOUR COMMUNICATIONS,
CONTENT OR
TRANSACTIONS ENTERED
INTO WITH THE
SERVICE. THE SERVICE
IS NOT RESPONSIBLE
FOR ANY HARASSING,
DEFAMATORY, ILLEGAL
OR IMPROPER CONDUCT
OR CONTENT OF THIRD
PARTIES, OR FOR ANY
INFRINGEMENT OF
INTELLECTUAL
PROPERTY RIGHTS BY
THIRD PARTIES.
Limitation of
Liability.
YOU AGREE THIS
SERVICE IS NOT
LIABLE FOR ANY
DIRECT DAMAGES
EXCEEDING THE
AMOUNT, IF ANY,
ACTUALLY PAID TO IT
BY YOU DURING THE
SIX (6) MONTHS
PRECEDING THE EVENT
GIVING RISE TO YOUR
CLAIM. IN NO EVENT
IS THE SERVICE
LIABLE WHETHER IN
CONTRACT, TORT
(INCLUDING
NEGLIGENCE, STRICT
LIABILITY OR
OTHERWISE), FOR ANY
INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY,
INCIDENTAL OR
CONSEQUENTIAL
DAMAGES (INCLUDING
LOST SAVINGS, LOST
PROFIT, LOST
GOODWILL, LOST OR
CORRUPTED DATA OR
BUSINESS
INTERRUPTION) EVEN
IF NOTIFIED IN
ADVANCE OF SUCH
POSSIBILITY. THIS
LIMITATION IS A
MATERIAL CONDITION
TO THIS AGREEMENT,
IS COMMERCIALLY
REASONABLE AND HAS
BEEN FACTORED INTO
THE AGREEMENT AS A
WHOLE. SOME STATES
OR JURISDICTIONS DO
NOT ALLOW THE
EXCLUSION OR
LIMITATION OF
LIABILITY FOR
INCIDENTAL OR
CONSEQUENTIAL
DAMAGES, SO THE
FOREGOING LIMITATION
MAY NOT APPLY TO
YOU.
Indemnification.
You agree to defend,
indemnify and hold
harmless the Service
and its officers,
directors, owners,
agents, employees,
advisers and
consultants, from
and against any
claims, actions,
demands, liability,
damages (including
legal and
professional fees)
asserted by any
third party and
arising from your
use of the Service,
your conduct,
content,
communications,
alleged infringement
of third party
intellectual
property or privacy
rights, or violation
of this Agreement.
Limitation of
Remedies.
You agree that if
the Service breaches
this Agreement, your
sole and exclusive
remedy will be to
terminate this
Agreement and your
relationship with
the Service. This
applies regardless
of whether the
remedy fails of its
essential purpose.
Protected
Parties. THE
WARRANTY
DISCLAIMERS,
LIABILITY LIMITS,
INDEMNITIES AND
RESERVATION OF
RIGHTS CONTAINED IN
THIS AGREEMENT
PROTECT THE SERVICE,
ITS OFFICERS,
DIRECTORS, OWNERS,
AGENTS, CONSULTANTS,
ADVISERS, EMPLOYEES,
AFFILIATES,
ADVERTISERS,
DISTRIBUTORS,
RESELLERS,
SUPPLIERS,
PUBLISHERS AND
PROMOTERS.
FORCE MAJEURE.
The Service is not
responsible for any
delay or failure in
performance of the
Service in whole or
in part for any
reason including,
without limitation:
fires, floods,
storms, earthquakes,
civil disturbances,
disruption of
telecommunications,
transportation,
utilities, services
or supplies,
governmental action,
computer viruses,
corruption of data,
hacker attack,
incompatible or
defective equipment,
software or services
or otherwise.
Nothing herein
enlarges any
warranty or
diminishes any
disclaimer under
this Agreement.
NO OUTSIDE
CONTACTS.
Because of the
uncertainty and lack
of uniformity of
laws in other
jurisdictions
(particularly as
applied to Internet
sites), it is
important to agree
that our Service
operates solely in
California, United
States (our
"Locality"). You are
using the Internet
as your own agent to
access and use our
Service from the
local Internet point
of presence (POP)
here in our Locality
and you are using
the Internet or
public carrier as
your local agent to
take delivery of any
information,
products or services
in our Locality.
This means all
operations,
services,
deliveries,
performance and
contacts of our
Service occur solely
in our Locality. Our
Service does not
submit to personal
jurisdiction
anywhere else and
you irrevocably
waive any claim to
the contrary.
INJUNCTIVE RELIEF.
If you violate or
exceed the scope of
this Agreement or
infringe our
proprietary rights,
you agree we would
be irreparably
harmed and may (in
addition to other
relief and without
having to post bond)
obtain a court order
enjoining your from
further mischief.
GOVERNING LAW.
THIS AGREEMENT SHALL
BE GOVERNED BY AND
CONSTRUED IN
ACCORDANCE WITH THE
SUBSTANTIVE LAWS OF
DISTRICT, CA, United
States, WITHOUT
REGARD TO CONFLICTS
OF LAW PRINCIPLES.
YOU AGREE TO
INITIATE AND
MAINTAIN ANY LEGAL
ACTION IN SUCH
DESIGNATED
STATE/LOCALE AND
IRREVOCABLY CONSENT
TO EXCLUSIVE
PERSONAL
JURISDICTION AND
VENUE THEREIN. YOU
ARE RESPONSIBLE FOR
COMPLYING WITH YOUR
OWN LOCAL LAWS,
WHICH MAY VARY WITH
RESPECT TO CERTAIN
ACTIVITIES OR
PEOPLE. Since we
make no warranties
and have limited our
liabilities, you
should have little
reason to have a
grievance with us.
Should you
nevertheless bring
legal action against
us, you irrevocably
agree it will be
brought and
maintained within
one (1) year after
the claim arises or
be barred. As
disincentive for
unwarranted
litigation, you
agree that if you
sue us and don't win
on the merits, you
will pay our defense
costs, including
reasonable legal
fees for in-house
and outside counsel.
If we are required
to enforce this
Agreement or our
rights, you agree it
is reasonable to
send you legal
notices and papers
by electronic mail
at your stated
address (we would
also attempt to send
you a backup copy by
regular mail).
TECHNOLOGY & DATA
TRANSFER.
Technology
Transfer.
The transport of
technology,
technical data and
information across
national boundaries
is regulated by
domestic and certain
foreign governments.
You agree not to
directly or
indirectly export or
re-export any
information,
software or
technology obtained
from or through the
Service that
requires an export
license or
governmental
approval without
first obtaining that
license or approval.
This provision will
survive termination
of our Agreement.
European Union
Residents.
If you reside in the
European Union (EU)
or if any transfer
of information
between you and our
Service is governed
by the European
Union Data
Protection Directive
or national laws
implementing that
Directive, then you
consent to the
transfer of such
information outside
of the European
Union to your
country and to such
other countries as
may be contemplated
by the features and
activities provided
by the Service.
RELATIONSHIP OF
PARTIES.
There are no third
party beneficiaries
of this Agreement.
The parties are
independent to one
another and are not
related by
franchise,
partnership,
employment, joint
venture or
otherwise. This
Service is not a
party to any
transaction between
you and any third
party advertisers or
suppliers. You will
look solely to the
third party for all
claims regarding
their goods,
services or
information.
RIGHT TO RELY ON
INSTRUCTIONS.
The Service may act
in reliance upon any
instruction,
information,
document, filing,
name, email address
or user password
that meets the
Service's automated
criteria or which is
believed by the
Service's personnel
to be genuine. For
any password
protected areas, the
Service may assume a
person entering a
user name address
and associated
password is, in
fact, that user or
is authorized by
that user to act on
its behalf. The
Service may assume
the latest email
addresses and
registration
information on file
with the Service are
accurate and
current. When
programmed to do so,
the Service may take
prescribed actions
in the absence of
receiving proper and
complete contrary
instructions.
CHANGES TO
SERVICE.
We reserve the right
to modify, change or
discontinue the
Service or any
feature at any time
without notice. You
agree that the
Service is not
liable to you or to
any third party as a
result of any such
action. We invite
users to make
suggestions for ways
that the Service can
be improved. If you
make a suggestion,
you authorize us to
use the idea and to
publish your name in
connection with the
submission. We do
not pay compensation
for using
submissions.
TERMINATION.
Either party may
terminate this
Agreement in their
sole discretion, at
any time with or
without cause and
regardless of the
stated registration
period otherwise
applicable. We
reserve the right to
suspend or terminate
operation of this
Service, or any
feature of this
Service, at any time
upon notice.
Protections afforded
to us and to third
parties by this
Agreement will
survive termination.
If this Agreement is
suspended or
terminated as a
result of
unauthorized use or
infringement of
rights to Content
obtained from the
System, you agree
that upon request,
you will destroy all
copies of such
Content in your
possession or under
your control.
NOTICE TO
CALIFORNIA RESIDENTS.
Under California
Civil Code Section
1789.3, California
residents are
entitled to the
following specific
consumer rights
information.
Pricing
Information:
Current rates for
using the Service
may be obtained by
calling (909)
218-9249. The
Service reserves the
right to change
fees, surcharges or
to institute new
fees at any time, as
provided in this
Agreement.
Complaints:
The Complaint
Assistance Unit of
the Division of
Consumer Services of
the California
Department of
Consumer Affairs may
be contacted in
writing at 1020
North Street, Suite
501, Sacramento, CA
95814, or by
telephone at (916)
445-1254.
For more information
regarding two major
anti-spam laws
click here.
MISCELLANEOUS.
This document
reflects our entire
and exclusive
agreement and
supersedes all other
agreements regarding
this subject matter,
whether written or
verbal. We reserve
the right to change
this Agreement at
any time by posting
a new version on the
Service. Your
continued use of
this Service after
the effective date
of such amendment
will constitute your
acceptance of it.
Any other amendment
to this Agreement
shall be in a
pen-and-ink signed
writing, regardless
of any course of
conduct or trade
practice between us.
This electronic
document or a
hardcopy duplicate
in good form shall
be considered an
original document
admissible into
evidence unless the
document's
authenticity is
genuinely placed in
question. We reserve
the right to assign
this Agreement or
delegate
responsibility to
any third party,
including a party
acquiring any of our
operating assets or
ownership interests.
All licenses or
permissions granted
to you by this
Agreement are
personal in nature
and may not be
assigned,
sublicensed or
otherwise
transferred and any
attempt to the
contrary is void.
Any provision of
this Agreement found
by a court to be
illegal or
unenforceable shall
automatically be
deemed conformed to
the minimum
requirements of law
and shall thereupon
be given full force
and effect as so
modified. Waiver of
a provision in one
instance shall not
preclude our
enforcement of it on
future occasions.
Headings are for
reference purposes
only and have no
substantive effect.
NOTICE OF
COPYRIGHT
INFRINGEMENT
PROCEDURES.
If you believe
content on our
Service infringes
your copyrighted
work and you
want the Service to
take down the
offending material,
you will need to
complete the
following Notice of
Copyright
Infringement and
mail it to our
Registered Agent (do
not use this
procedure for any
other kind of
communication):
Mail it to us:
Tom Hobbins
1054 Hwy 206E,
Harrison, AR
72601, United States
Notice of Copyright
Infringement
I certify under the
penalty of perjury
that I own or am
authorized to act on
behalf of the owner
of the copyrighted
work identified
below. I believe in
good faith that the
copyrighted work has
been used on your
Service without
authorization by the
owner, its agents or
according to law. I
ask that you remove
or block access to
the infringing
material.
Name of Copyright
Owner:
Description of
Copyrighted Work:
Description of
Infringing Material:
Location of
Infringing Material:
I can be contacted
as follows:
My Name:
My Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I certify under the
penalties of perjury
that the foregoing
is true and correct
to the best of my
information,
knowledge and
belief.
Signed:
Date:
Ezine Ad
Placement
Services, Ad
Submission And
Terms of
Service
FTC Advertising
Rules & How We
Deal With Them!
Because we
offer eZine
exposure for
advertisers we
feel it
necessary to
adhere to the
regulations set
forth by the FTC
regarding
Internet
Advertising.
This set of
"rules" comes
from the FTC
web site and
should be
followed by each
client
who submits an
ad for exposure
from our eZine
teams. Please
read the
following
information
carefully.
We will not
accept ads or
run ads that
have
unsubstantiated
claims. For
example, if
anywhere in your
ad or on your
web
site there is a
statement for
earnings in a
specified
amount of time
or just earnings
in general such
as "Earn a
Million Dollars
In Only 15
days!" then
before we run
the
statement we
will ask you for
proof of that
claim. If you
are an
affiliate of a
program that
makes claims
like that
then you will
need to ask for
proof from that
administrator.
This is a
practice you
should do
regardless
of our rules
because of the
FTC Crackdown on
marketing.
So what do we
mean by proof?
Copies of
earnings
statements
from actual
individuals that
have made money
in the
specified time
frame. Other
forms of proof
can be provided
and will be
subject to SDT
approval. You
can avoid this
by
simply not
providing any
type of hard
claims in your
ad or
your web site.
Keep it general
and only mention
accurate
benefits of the
program sign up
bonuses. Do NOT
make any
false
statements.
Please also
read over the
following rules
and guidelines
set forth by
the FTC. Not
adhering to the
guidelines below
will be cause
for ad editing
and/or rejection
due to non
compliance.
Your ads cannot
be submitted
with false or
deceptive
claims.
The Federal
Trade Commission
Act and the
Commission has
determined that
a
representation,
omission or
practice is
deceptive if it
is likely to:
affect
consumers'
behavior or
decisions about
the product or
service.
In general
terms, the above
means that you
cannot try to
get the reader
to act on your
offer based on
false claims
within your ad.
All claims if
added to your
campaign must
be backed up
with proof in
order to not be
considered
deceptive. You
can avoid this
by simply not
providing any
type of hard
claims in your
ad or your web
site.
In addition, an
act or practice
is unfair if the
injury it
causes, or is
likely to cause,
is:
* substantial
* not
outweighed by
other benefits
and
* not
reasonably
avoidable. The
FTC Act
prohibits unfair
or
deceptive
advertising in
any medium. That
is, advertising
must tell the
truth and not
mislead
consumers. A
claim can
be misleading
if relevant
information is
left out or if
the
claim implies
something that's
not true. For
example, a
lease
advertisement
for an
automobile that
promotes "$0
Down" may be
misleading if
significant and
undisclosed
charges are due
at lease
signing.
In addition,
claims must be
substantiated,
especially when
they concern
health, safety,
or performance.
The type of
evidence may
depend on the
product, the
claims, and what
experts believe
necessary. If
your ad
specifies a
certain
level of
support for a
claim - "tests
show X" - you
must
have at least
that level of
support.
Disclaimers and
disclosures must
be clear and
conspicuous.
That is,
consumers must
be able to
notice, read or
hear,
and understand
the information.
Still, a
disclaimer or
disclosure
alone usually is
not enough to
remedy a false
or
deceptive
claim.
Demonstrations
must show how
the product will
perform under
normal use.
Refunds must be
made to
dissatisfied
consumers - if
you
promised to
make them. We
do not offer
refunds.
Advertising
directed to
children
raises special
issues. That's
because children
may have
greater
difficulty
evaluating
advertising
claims and
understanding
the nature of
the information
you provide.
Sellers should
take special
care not to
misrepresent a
product or its
performance when
advertising to
children.
The Children's
Advertising
Review Unit (CARU)
of the
Council of
Better Business
Bureaus has
published
specific
guidelines for
children's
advertising that
you may find
helpful.
Refund Policy
All
transactions are final. Once an ad has been sent out in the newsletter
there is absolutely no refund. In the event that you should need to
recall an ad prior to press,
contact us here to make special arrangementsto make special
arrangements.
Please
advertise with
care
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