TERMS AND CONDITIONS
Thank you for Visiting
POstealth.com
The POstealth.com website and services are offered for your use only if you agree to the terms, conditions and notices without modification, contained in this agreement (the “Agreement.”) between Sweat & Magic, LLC, the owner and operator of www.postealth.com (hereinafter “POstealth”), and you, the User. We ask that you review this Agreement, which is intended to constitute a binding license agreement that conditions your use of the POstealth web pages and services where a link to this Agreement appears. Your use of these POstealth pages serves as your acceptance to all such terms, conditions and notices in effect at the time of your use.
This Agreement applies to www.postealth.com and all web pages contained therein (hereinafter the "Sites"), and does not apply to any third party websites that you may be directed to in the course of utilizing our service. We recommend that you independently review the terms of use of any such third party sites that you choose to visit.
Dispute Resolution
POstealth offers a limited set of services, which include our messenger service, mailto service, and web page redirect service. Users are able to use our services to facilitate contact by humans without increasing their own risk of having their email addresses exposed to agents that perform automated email address collection and/or contact. POstealth provides links that allow our registered users (hereinafter “Members”) to be contacted. The use of these contact links provided by POstealth does not imply that POstealth endorses or recommends the services, products or opinions represented by any content that is associated or co-located with any POstealth link, or the owners of that content. It is impossible for POstealth to control where and how POstealth contact links are used.
POstealth also serves as a public medium for advertising the products, services and messages of third party businesses, organizations and individuals. POstealth is not an employee, agent or member of the third party or the businesses and organizations sponsoring advertisements on our websites.
POstealth does not investigate or verify claims made by our advertisers and does not endorse or recommend the services, products or opinions of the advertised content. It is your responsibility to enter into a direct contract with the advertisers of your own choosing. Your rights under any such contract are governed by its terms and by applicable state, federal, provincial, or local law. Any dispute you may have with an advertiser must be addressed directly with that business, organization or individual by you, and you HEREBY AGREE TO RELEASE POSTEALTH (INCLUDING OUR EMPLOYEES, AGENTS, AND AFFLIATES) AND OUR BUSINESS PARTNERS FROM CLAIMS OR DAMAGES OF ANY KIND ARISING OUT OF OR CONNECTED WITH SUCH DISPUTES AND YOUR BUSINESS WITH OUR ADVERTISERS.
Your Use of POstealth
You acknowledge and agree to be fully responsible for your own use of the POstealth Sites and services. You acknowledge and agree to use POstealth services responsibly, and you agree not to use POstealth services in any manner that could cause or contribute to the violation of the effective laws, cause of harm, or violation of the rights of any business, organization or individual.
You agree that all the content and information provided by the POstealth website is the sole and exclusive property of POstealth, and that you may not post, publish, reproduce, or use such information unless permission is specifically granted by POstealth. You acknowledge that any violation of the foregoing or misuse of information by you could result in damages to POstealth, and you agree that you are liable for such damages. You also agree to indemnify POstealth from any third party claims against POstealth based on or arising from such violation or misuse by you. If POstealth suspects that you are misusing any service, content or information provided by its website or services, including such activities as hacking, unauthorized advertising, or spamming, we reserve the right to terminate immediately your access to POstealth services and commence without notice legal actions or proceedings seeking injunctions or other appropriate remedies and/or damages including, but not limited to, lost profits, repairs, legal fees, and other expenses. We reserve the right to terminate your POstealth user account and access to the POstealth website and services at any time.
POstealth services do not prevent contact from human users. Once your email address has been released to any third party, the secrecy of your email address cannot be controlled since that party could sell, share, post or otherwise communicate your information to other third parties. For these reasons, use of the POstealth services cannot and does not guarantee protection from unsolicited email messages from any third party in the future. We recommend that you visit our
Privacy PolicyPOstealth services do not prevent contact from human users. Once your email address has been released to any third party, the secrecy of your email address cannot be controlled since that party could sell, share, post or otherwise communicate your information to other third parties. For these reasons, use of the POstealth services cannot and does not guarantee protection from unsolicited email messages from any third party in the future.
POstealth does not knowingly collect any Personally Identifiable Information from persons under the age of thirteen (13), and POstealth does not permit persons under the age of thirteen (13) to register as POstealth users. If POstealth later learns that any registered user is under the age of thirteen (13), we will take appropriate steps to remove the User's information from the database, and we will restrict this user from future access to POstealth sites. Except where otherwise disclosed, we will not collect or use any personal information from children we know to be under the age of thirteen without obtaining express parental consent. All general information collected from users under the age of thirteen (13) is used only for aggregate statistical analysis.
User agrees that the POstealth web page Redirect service cannot be used to redirect users to pages containing content that could be considered fraudulent, profane, hateful, racist, defamatory, hostile, inflammatory, offensive, libelous, patently vulgar, sexual, pornographic, obscene, or otherwise harmful.
User agrees that the POstealth Sites cannot be used to submit personal, identifying or other information, including your own personal information, that facilitates bidding with any person under the age of thirteen (13).
Information You Provide
To use the POstealth website and services, you will be required to disclose certain information about yourself. This information will be used by POstealth to facilitate our services. You promise to provide only information for which you are either the rightful owner or you are otherwise authorized to share by the rightful owner, that is, to the best of your knowledge, truthful and accurate in all aspects. For more information on the information collected by POstealth and how it is used, please review our Privacy Policy, contained on the POstealth website.
The information you provided to us is important to the POstealth services, and the accuracy of such information is vital to our operations. You acknowledge that to knowingly provide us with false information, including but not limited to name, phone number, address or email address is a serious matter of fraud that could result in significant damages to POstealth, its business partners, and affected third parties. Such damages may include time and effort expended on fraud investigation, harm to reputation and goodwill of POstealth, its partners and users, as well as issues of privacy and business practice. You acknowledge the indeterminate nature of damages that may be caused by your submission of false information. Accordingly, if you knowingly provide POstealth with false or improper information, you HEREBY AGREE TO FULLY INDEMNIFY AND BE LIABLE TO POSTEALTH AND ALL AFFECTED PARTIES FOR THE GREATER OF: (1) A MINIMUM OF $10,000 TO POSTEALTH AND EACH AFFECTED PARTY, AND TO ANY INDIVIDUAL PERSON AFFECTED BY YOUR DISCLOSURE OF FALSE OR IMPROPER INFORMATION (FOR EXAMPLE ANY TRUE OWNERS OF FALSE bidding INFORMATION PROVIDED BY YOU), PER FALSE OR IMPROPER SUBMISSION, PLUS ATTORNEYS FEES AND COSTS RELATING TO YOUR FALSE DISCLOSURES, OR (2) THE ACTUAL DIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES THAT ARISE FROM YOUR INTENTIONAL FRADULENT DISCLOSURES, PLUS REASONABLE LEGAL FEES AND COSTS RELATING THERETO.
Use of Specific Documents
Permission to use documents from the POstealth website, FAQs, informational releases, or other content is granted, provided that (1) the documents are used in full with no modification, including all copyright notices that appear, and (2) such use is for your personal or noncommercial purposes only and will not be posted on any other website or broadcast over any form of media. Educational institutions may download documents for use in the classroom, but distribution outside of the classroom requires the express written consent of POstealth. Use for any other purposes is prohibited by law, and violators will be prosecuted to the full extent of the law.
The documents contemplated by the above provision do not include any part of the
layout or design of the POstealth website, including all sounds, graphics, and logos.
Elements of said design are protected by trade dress, trademark, unfair competition,
and other laws, and may not be copied or reproduced in whole or in part without
the express written consent of POstealth. POstealth makes no warranties with regards
to the suitability of documents contained in the website for any purpose. All such
documents are provided “AS IS”, and POstealth does guarantee the absence of typographical
or technical errors. POstealth reserves the right to remove, modify, or improve
such documents at any time.
The documents contemplated by the above provision do not include any part of the layout or design of the POstealth website, including all sounds, graphics, and logos. Elements of said design are protected by trade dress, trademark, unfair competition, and other laws, and may not be copied or reproduced in whole or in part without the express written consent of POstealth. POstealth makes no warranties with regards to the suitability of documents contained in the website for any purpose. All such documents are provided “AS IS”, and POstealth does guarantee the absence of typographical or technical errors. POstealth reserves the right to remove, modify, or improve such documents at any time.
External Links
As a convenience to you and for advertisement purposes, the POstealth website provides links to other sites not associated with POstealth. POstealth is not responsible for web casting, downloads, or any other form of transmission received from linked sites, and POstealth has no control over the content, functionality, or policies, privacy or otherwise, of those external sites. The existence of such links does not imply an endorsement or recommendation of any linked sites by POstealth.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS POSTEALTH AND ITS BUSINESS PARTNERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS OR DEMANDS BY THIRD PARTIES ARISING FROM, OR RELATING TO, YOUR USE OF POSTEALTH OR YOUR VIOLATION OF THE RIGHT OF ANY THIRD PARTY.
General
You acknowledge and agree that the information and services you receive from POstealth is provided on an “AS IS” basis with no warranty whatsoever, and the sole remedy for you or any third party for any claim arising from or relating to your use of POstealth is that you discontinue use of our website and services. POstealth expressly disclaims any implied warranties of any kind, including but not limited to warranties of merchantability of fitness for a particular purpose. You agree that POstealth will have no liability for any damages of any kind arising out of this Agreement or any consequences that flow from it. The terms and conditions of this Agreement will insure to the benefit of the successors, assigns, and licensees of POstealth. Any section or provision of this Agreement deemed unlawful, void, or unenforceable by any court of competent jurisdiction shall be modified in keeping with the spirit of the provision to make it enforceable. Any provision that cannot be made enforceable by modification shall be stricken from this Agreement without affecting the validity and enforceability of the remaining terms. The failure to enforce any provision of this Agreement by POstealth shall not constitute a waiver of that provision.
POstealth retains the right to offer our services, with or without fees, without advertising banners at our sole discretion.
This Agreement is governed by the laws of the United States of America, the state of Texas and of Tarrant County. You agree that any claims or causes of action relating to this Agreement must be filed within one year after such claim or cause of action arises, regardless of any law or statute to the contrary. Failure to file within the specified time frame will serve as a bar to that claim or cause of action. You agree to submit to jurisdiction in Tarrant County in the state of Texas, and that any claim arising under this Agreement or your use of POstealth services will be brought in a court in Tarrant County, Texas.
Jurisdiction
In the event of any dispute arising out of or relating to this site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Tarrant County, Texas.
User Account Provisions
POstealth grants user accounts to facilitate improvement of the services available to our users. The fact that a user has a POstealth user account does not imply or suggest that the account holder is an employee or agent of POstealth.
POstealth retains the right to change service fees or rates that are associated with POstealth account services. Services provided and service fees may vary from client to client for various reasons including dissimilar account membership time periods, service or account options, relative fluctuations in currency values and other causes. Service fees for existing membership account agreements can only be changed as permitted by the existing agreements.
It is the policy of POstealth to terminate unpaid user accounts that become stale as determined by a period of inactivity (no access to account that requires a password nor use of the POstealth services provided for that account). If a period of 60 days elapses without activity for an unpaid user account, that user account will be considered as stale and will soon be disabled and removed from the POstealth network and databases. It is the policy of POstealth to terminate accounts for which no user confirmation is received within a relatively short period of time to reduce overhead associated with false or unwanted account registration requests. User agrees that POstealth shall not be liable for inconvenience, loss or damages that may result from the termination and removal of any inactive, unpaid user account.
Users may register multiple POstealth accounts under the terms and conditions of this Agreement. User agrees to only register unpaid POstealth accounts as needed to meet their own genuine bidding facilitation needs. User agrees not to register additional unpaid POstealth accounts for any reason or no reason. User is not permitted to sell, or exchange for goods or services, any POstealth user name.
To help ensure that the POstealth operates in accordance with the letter and spirit of our policies, User agrees, as a condition of use, that POstealth reserves the right to refuse to register any requested user name and to refuse or block access of POstealth services to any user, as deemed necessary by the policies and judgment of POstealth. POstealth reserves the right to terminate or disable user membership accounts at our sole discretion, regardless of whether account membership fees have been paid or unpaid.
POstealth reserves the right to discontinue providing unpaid (free) POstealth accounts and services in the future. POstealth reserves the right to discontinue renewal of unpaid POstealth accounts and services in the future, which would result in the eventual expiration and termination of the active unpaid accounts. In the event that POstealth chooses to stop renewal of free POstealth accounts, members currently registered for the active accounts will be notified and given the opportunity to convert the accounts into premium service accounts. User agrees that POstealth shall not be liable for inconvenience, loss or damages that may result from the discontinuation or forced expiration of unpaid POstealth accounts and services.
User agrees that no refund of account membership fees will be expected or paid in part or whole by POstealth in the event that User voluntarily terminates their own account for any reason prior to expiration of their membership period made by agreement.
User agrees that no refund of account membership fees will be paid in part or whole by POstealth in the event that POstealth suspends or terminates the account of User for reasons of misconduct or any other violation of the terms of this Agreement as determined by the policies and judgment of POstealth, regardless of the expiration date of their membership agreement.
Trademark and POstealth
User Name Disputes
POstealth is not responsible for the determination of any user's eligibility to register a POstealth user name. Trademark law differs from country to country and, in some countries, from region to region. User certifies that he or she has legal right to the POstealth user name being registered, and that use of the concerned POstealth user name does not violate any copyrights, trademarks or service marks. User understands that POstealth is not responsible for verifying ownership for any name registered, and that POstealth will not become involved in any dispute over POstealth user name registration rights. In the event of a dispute over a POstealth user name registration, the involvement of POstealth will be limited to providing concerned user bidding information to the disputing party.
Severability
If any term provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Changes and Updates
to Our Policies
We reserve the right at any time to make changes to the policies set forth in this Agreement. Changes made will be in writing and posted on our website as applicable. Your continued use of the POstealth website and services following the posting of any such changes in policy or conditions will serve as your acceptance of those changes.
We may amend this Agreement at any time. Changes will be posted on this website, and will be considered effective 30 days from the date such changes take place.
ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO BANNER PRESENTATION AND POSTEALTH ADVERTISEMENT SERVICES
The terms and conditions described in this portion of the Agreement are considered as additional terms and conditions that apply to participants of POstealth advertisement services, including the banner auction advertising program. These additional terms and conditions are to be considered as an extension of the terms and conditions that apply to general use of POstealth websites and services, and ARE NOT meant to serve as a replacement set of terms and conditions.
POstealth retains the right to refuse storage and/or presentation of any banner on the basis of its content as determined solely by the policies and judgment of POstealth. This right applies to all banners, including the banners that would only be presented to users whom are contacting a POstealth member with our premium services. POstealth may choose to be more restrictive when determining the suitability of content that would be presented to general public users. This means that in certain circumstances, POstealth may determine that banners that are approved for presentation to users whom are contacting POstealth members with our premium services are not suitable for presentation to the general public users. User agrees that POstealth shall not be liable for loss or damages that may result from the removal of any banner file from the POstealth servers. POstealth advises all users to retain a copy of their banner files.
Presented banner files will always be hosted on POstealth servers to protect our members and visitors. POstealth does not present banner files that are located on remote servers since POstealth cannot control the content of those files.
User agrees that POstealth retains the right to refuse storage and/or presentation of any banner on the basis of its specifications. Banners that do not meet the following file and content specifications will be refused:
- Maximum file size is 50 Kilobytes
- Physical width dimension of banner must be less than 331 pixels.
- Physical height dimension of banner must be less than 161 pixels.
- Maximum animation time is 20 seconds.
- Allowable file formats include GIF, animated GIF, JPEG, TIFF and PNG (no text
banners).
For your consideration: Banners will be centered on the page. When possible, banners with centered content should be used. Using banners with content that has an off-center layout (left or right bias of content) will not disqualify a banner for presentation, but the banner may have a less than optimum appearance.
POstealth retains the right to change the banner specifications qualifications for storage and presentation on POstealth servers in the future.
POstealth reserves the right to refuse advertisement of any product, service or opinion based on our own discretion in order to avoid posting content that could cause possible harm, promote hostile or inflammatory opinions or for any other reason that could create a conflict of interest with POstealth or one of more of our advertisers.
POstealth retains the right to refuse posting of a banner or advertisement on the POstealth Sites even in the event that a prior advertisement with the same or similar content has been posted on a POstealth website in the past.
Participants of the POstealth banner auction advertising program are advised that banner advertisements DO NOT appear on all POstealth web pages. The banner space available for temporary and limited use via the banner space auction program is limited to a subset of our POstealth web pages that are commonly accessed by the general public as determined by the management of POstealth. The subset of POstealth web pages chosen for banner display does not change regularly, but POstealth reserves the right to determine and change the set of POstealth web pages and forms that shall present banner advertisements at our sole discretion. Additionally, premium services are available for paying account members that prefer to use their own banners or use versions of our POstealth sites and services that present no banners. Third party banner ads will not be presented on any POstealth web pages or forms that are presented as a result of POstealth services that are performed to benefit any premium service client unless specifically requested by that client. POstealth retains the right to present additional third party banners concurrently on the same web pages on which the winning banners of the POstealth banner auction program are presented.
Because of the nature of pricing by auctions that involve competitive bidding, participants of the POstealth banner auction advertising program agree that the price of our banner advertisement services will vary from auction to auction, advertiser to advertiser, and advertisement to advertisement as separate individual agreements. Participants of the POstealth banner auction advertising program agree to waive and dismiss any and all expectations of fairness or similarity of pricing for similar banner advertising services. When you are the winner of a POstealth banner auction, you are obligated to pay your submitted highest winning price for the banner advertisement service even in the event that the winning bid amounts for other auction winners differ greatly in amount for the same auction. Participants of the POstealth banner auction advertising program are advised to enter their submitted bid amounts with caution and to review their bid amount for correctness before their action of bid submission. A large disparity in the winning bid amounts for a given auction DOES NOT release any winning bidder of the POstealth banner auction advertising program from obligation of payment for the full amount of their highest submitted winning price.
POstealth retains the right to change fees that are associated with the POstealth banner auction advertising program, conventional advertising services, and POstealth client services. Service fees may vary from one client to the next because of existing agreements, changes to service fees, and relative fluctuations in currency values. Service fees for existing agreements can only be changed, if allowed, as permitted by the existing agreements.
No advertisement will be posted on any POstealth Sites until payment for that service has been collected. No refund of advertisement fees will be made once the advertisement has been posted on any of the POstealth sites.
POstealth will suspend or terminate the membership account of any user that interferes or attempts to interfere with the operation of the POstealth banner auction advertising program, as determined by POstealth. Interference or attempted interference of the POstealth banner auction advertising program is considered misconduct and a violation of this Agreement.
POstealth retains the right to make changes to or discontinue the POstealth banner auction advertising program at our discretion. This agreement will be modified as necessary to reflect changes to the POstealth banner auction advertising program.
POstealth retains the right to enter into advertising agreements that are uncompensated or compensated with conventional payment terms that do not require participation in our banner auction advertising program.
Trademark Rights and
Banner Disputes
POstealth is not responsible for the determination of any user's eligibility to present a banner. Trademark law differs from country to country and, in some countries, from region to region. User certifies that he or she has legal right to any banner stored as part of their POstealth account content, and that use of the concerned banner does not violate any copyrights, trademarks, service marks or the ownership and privacy rights of any entity. User understands that POstealth is not responsible for verifying ownership for any stored and presented banner, and that POstealth will not become involved in any dispute over any banner presentation rights. In the event of a dispute over a banner presentation, the involvement of POstealth will be limited to providing concerned user bidding information to the disputing party.