Terms of Service
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ACCEPTANCE OF TERMS
PleasantFree welcomes you.
PleasantFree provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: /terms-of-service. In addition, when using PleasantFree owned or operated services, you and PleasantFree shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. PleasantFree may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF SERVICE
PleasantFree provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content, and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for PleasantFree or its Partners to provide the Service.
You also understand and agree that the Service may include certain communications from PleasantFree or its Partners, such as service announcements, administrative messages, and the PleasantFree Newsletter, and that these communications are considered part of PleasantFree membership and you will not be able to opt-out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new PleasantFree properties, shall be subject to the TOS.
You understand and agree that the Service is provided “AS-IS” and that PleasantFree assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or PleasantFree has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, PleasantFree has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).
PleasantFree is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will receive a email to verify yourself upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify PleasantFree of any unauthorized use of your password or account or any other breach of security and ensure that you logout from your account at the end of each session. PleasantFree cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PleasantFree, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. PleasantFree does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, pornographic, indecent, or objectionable. Under no circumstances will PleasantFree be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred because of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
YOU AGREE TO NOT USE OUR SERVICE TO
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- harm minors in any way.
- impersonate any person or entity, including, but not limited to, a PleasantFree official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service.
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party; This includes linking to or redirecting to any content or copyright files hosted on a third-party resource/server.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,’ “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy).
- upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- upload, post, email, transmit or otherwise make available any material that is of broadcast/streaming types.
- upload, post, email, transmit or otherwise make available any material that is of keylogging, proxy service, IRC, shell(s), file hosting or sharing types.
- upload, post, email, transmit or otherwise make available any material on free hosting accounts that is pornographic.
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act.
- “stalk” or otherwise harass another; and/or
- upload, post, email, transmit, or otherwise material for file distribution, relay, or streaming reasons.
- collect or store personal data about other users in connection with the prohibited conduct and activities outlined in paragraphs 1 through 15 above.
USE OF COPYRIGHT MATERIAL AND PROOF OF OWNERSHIP OF CONTENT
Sites must not contain Warez, copyright, or other illegal material including links or redirects to copyright material hosted on third-party websites/resources. The onus is on you the customer to prove that you own the rights to publish material, not for PleasantFree to prove that you do not. PleasantFree does not allow the propagation or distribution of copyright material, files, or warez under any circumstances.
ACCEPTABLE SERVER RESOURCE USE
Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization, and/or disk space.
BACKUPS / REQUESTING DATA BACKUP
It is the client’s/account holder’s responsibility to maintain and keep backups of the website and MySQL data. We do not provide data restores from our archives, nor can we restore a website or database to an earlier version. We also do not provide free backups/archives of customers’ current data. We may provide you a backup, if you are eligible regardless of your suspension reason. This is purely based on the information you provide and content hosted with us.
SCRIPT USAGE TERMS
Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of an activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource-intensive, and adversely affect server performance, and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed.
The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk emails or perform processor-intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a PleasantFree-hosted domain.
Sites must not contain scripts that attempt to access privileged server resources or other sites on the same server.
Examples of not allowed script and website types include (but are not limited to):
- Pornographic/adult content
- Proxy scripts
- Chat scripts
- Bitcoin/cryptocurrency faucet sites
- File sharing/file storage scripts
- Auto like scripts
- Hacking scripts / PHP shell scripts
- Mass mail scripts
- Website scraping/crawling/downloading scripts
- Cracked/pirated content of any kind
USAGE OF DISK SPACE TERMS
PleasantFree offers large web space and bandwidth with hosting accounts. By this, we mean space for legitimate website content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web-based content. We will treat all password-protected archive (e.g., zip and rar) files as unacceptable. Multimedia content such as audio and video is acceptable provided it is streamed to the user, links to HTTP download of this content are not acceptable. Some specific file formats may be blocked by the server (e.g., pdf, etc).
Archives of movie files, audio files, zips, rars, or any large volumes of files used for downloading / sharing are not allowed.
RIGHT TO SUSPEND / TERMINATE HOSTING SERVICES
We reserve the right to suspend or terminate any hosting services if a website/hosting service consumes excessive server resources or affects other websites / hosting services on a shared or clustered hosting server. Excessive resource usage can constitute any form of server usage calculated and determined at the discretion of PleasantFree. PleasantFree reserves the right to suspend service at any time without prior notice if or when the health or normal running/performance of a service is affected/degraded by a website or hosting service.
You acknowledge that PleasantFree may or may not pre-screen Content, but that PleasantFree and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, PleasantFree and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PleasantFree or submitted to PleasantFree, including, but without limitation information in PleasantFree Message Boards and all other parts of the Service.
You acknowledge, consent, and agree that PleasantFree may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with the legal process.
- comply with the TOS.
- respond to claims that any Content violates the rights of third parties.
- respond to your requests for customer service; or
- protect the rights, property, or personal safety of PleasantFree, its users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to the technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by PleasantFree and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON PleasantFree NETWORK
When you register with PleasantFree, you acknowledge that in using PleasantFree services to send electronic communications (including but not limited to email, uploading photos and files, and other Internet activities), you will be causing communications to be sent through PleasantFree’s computer networks, portions of which are in California, Ohio, UK, and other locations in the United States and portions of which are located abroad. As a result, and because of PleasantFree’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
PleasantFree does not claim ownership of Content you submit or make available for inclusion on the Service. However, concerning Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant PleasantFree the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
- Concerning Content, you submit or make available for inclusion on publicly accessible areas of PleasantFree Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely to provide and promote the PleasantFree Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove, or PleasantFree removes such Content from the Service.
- Concerning photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service other than PleasantFree Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove, or PleasantFree removes such Content from the Service.
- Concerning Content other than photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service other than PleasantFree Servers, the perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the PleasantFree network of properties that are intended by PleasantFree to be available to the public. By way of example, publicly accessible areas of the Service would include PleasantFree Message Boards and all areas that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of PleasantFree Servers that are limited to members, PleasantFree services intended for private communication such as PleasantFree Mail or, or areas off the PleasantFree network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by PleasantFree.
CONTRIBUTIONS TO PleasantFree
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to PleasantFree through its forum, or contact forms, you acknowledge and agree that:
- your Contributions do not contain confidential or proprietary information.
- PleasantFree is not under any obligation of confidentiality, express or implied, concerning the Contributions.
- PleasantFree shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide.
- PleasantFree may have something like the Contributions already under consideration or in development.
- your Contributions automatically become the property of PleasantFree without any obligation of PleasantFree to you, and
- you are not entitled to any compensation or reimbursement of any kind from PleasantFree under any circumstances.
You agree to indemnify and hold PleasantFree and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your PleasantFree ID), use of the Service, or access to the Service, unless you are a member of the PleasantFree Reseller Service, utilizing the reselling platform to resell to end-users.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that PleasantFree may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that idle hosting accounts, message board postings, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on PleasantFree’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period. You agree that PleasantFree has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that PleasantFree reserves the right to log off accounts that are inactive for an extended period. You further acknowledge that PleasantFree reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
PleasantFree reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PleasantFree shall not be liable to you or any third-party for any modification, suspension, or discontinuance of the Service.
Certain services provided by PleasantFree are resold. Thus, certain equipment, routing, software, and programming used by PleasantFree are not directly owned or written by PleasantFree. PleasantFree shall not be responsible for any changes in services provided by a third-party provider, nor will be held liable for any damage or loss which may arise from service disruption provided by a third-party provider. PleasantFree will show the highest interest to make sure that that services provided by a third-party are running smoothly and correctly, and will contact the third-party provider when changes or fixes are needed, however, the time needed for any fix or alteration will not be decided by PleasantFree and PleasantFree will not be held liable for any fixes or alterations to be performed on a product provided by a third-party in a definite time frame.
You agree that PleasantFree may, under certain circumstances and without prior notice, immediately terminate your PleasantFree account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
- breaches or violations of the TOS or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification to the Service (or any part thereof),
- unexpected technical or security issues or problems,
- extended periods of inactivity,
- engagement by you in fraudulent or illegal activities, and/or
- non-payment of any fees owed by you in connection with the Services.
Termination of your PleasantFree account includes
- removal of access to all offerings within the Service, including but not limited to Hosting accounts, Email Services, and databases,
- deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and
- barring of further use of the Service. Further, you agree that all terminations for cause shall be made in PleasantFree’s sole discretion and that PleasantFree shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that PleasantFree shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PleasantFree has no control over such sites and resources, you acknowledge and agree that PleasantFree is not responsible for the availability of such external sites or resources 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 PleasantFree 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.
MAXIMUM FREE HOSTING ACCOUNTS PER PERSON
Three free hosting accounts are allowed per person. Registering more than three accounts is considered a violation of the TOS and will result in all accounts being terminated without notice.
PleasantFree’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by PleasantFree or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
USE OF ADVERTISMENT BLOCKERS
PleasantFree may use adverts to subsidize the costs of running the service. The use of advertisment blockers or the process of recommending advertisment blockers whilst using the service is forbidden. Violation will result in termination.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PleasantFree AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PleasantFree AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PleasantFree OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN BEFORE USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PleasantFree AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 PleasantFree HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY third-party ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive, or request any news, messages, alerts, or other information from the Service concerning companies, stock quotes, investments, or securities, please read the above Sections 24 and 26 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. PleasantFree and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service and shall not be responsible or liable for any trading or investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to this agreement.
PleasantFree may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.
The PleasantFree, PleasantFree logo, copyright and service marks, and other PleasantFree logos and product and service names are part of copyright PleasantFree (the “PleasantFree Marks”). Without PleasantFree’s prior permission, you agree not to display or use in any manner the PleasantFree Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
PleasantFree respects the intellectual property of others, and we ask our users to do the same. PleasantFree may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide PleasantFree’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- a description of the copyrighted work or other intellectual property that you claim has been infringed.
- a description of where the material that you claim is infringing is located on the site.
- your address, telephone number, and email address.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The TOS constitutes the entire agreement between you and PleasantFree and governs your use of the Service, superseding any prior agreements between you and PleasantFree concerning the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PleasantFree services, affiliate services, third-party content, or third-party software.
Waiver and Severability of Terms
The failure of PleasantFree to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your PleasantFree account is non-transferable and any rights to your PleasantFree ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to email@example.com.
By using our hosting service, you are also required to agree with our partner’s TOS, they can be found here Partner Terms.
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