The services include but are not limited to Prison Inmate Penpal (located at prisoninmatepenpal.com). The Services may also be located on third party web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Our services enable you to read promotional materials, subscribe to an Ezine, submit articles and learn about referred products and services. We may provide you with links to advertisers on Prison Inmate Penpal (as well as search listings provided to Prison Inmate Penpal by a third party) that help you find what you are looking for.
The services act as a system or venue to introduce you to information about buyers and sellers of goods and services and providers of information. Prison Inmate Penpal uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the services. However, the services may be composed of content not offered by Prison Inmate Penpal. Prison Inmate Penpal does not control (i) the quality, safety or legality of items available through or on its advertisers’ Web sites or sites of third parties not in privity of contract with Prison Inmate Penpal, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites. Prison Inmate Penpal is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.
Prison Inmate Penpal does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the services, Prison Inmate Penpal is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release Prison Inmate Penpal (and Prison Inmate Penpal’s officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Under this Agreement, Prison Inmate Penpal gives you limited permission to access and use the services only for your personal use, and to copy, distribute and transmit the content of the services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the services for your personal use. You may also print a copy of the information displayed on the services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the services or display through your own Web site any results pages or other information from the services without Prison Inmate Penpal’s express permission. Your right to access the services is subject to any limits established by Prison Inmate Penpal.
You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the services except those automated means expressly made available by Prison Inmate Penpal, if any, or authorized in advance and in writing by Prison Inmate Penpal. The Prison Inmate Penpal Web Site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Prison Inmate Penpal).
The technology underlying, and content within, the services is owned by Prison Inmate Penpal and/or its licensors (including Prison Inmate Penpal’s advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and Prison Inmate Penpal, Prison Inmate Penpal owns and retains all ownership of the technology underlying and content within the services, and reserves all rights not explicitly granted to you in this Agreement.
The services are provided “AS IS,” without guarantee or warranty of any kind. Prison Inmate Penpals disclaims any warranties, express or implied, including any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
NEITHER PRISON INMATE PENPAL, NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ATTORNEY FEES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. PRISON INMATE PENPALS WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF PRISON INMATE PENPAL, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Prison Inmate Penpal is a provider of internet information computer services for purposes of 47 U.S.C. section 230. As such, its liability for others’ conduct and information is limited as described therein. Further, Prison Inmate Penpal is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, Prison Inmate Penpal has designated an agent to receive notifications of alleged copyright infringement on the Services
Labyrinth Internet Business Solutions
c/o Prison Inmate Penpal
7765 Tigertail Rd. Suite 1
St Pauls, NC 28384
In notifying Prison Inmate Penpal of alleged copyright infringement you must include the following information:
1. – A description of the copyrighted work that is the subject of claimed infringement.
2. – A description of the infringing material and information sufficient to permit Prison Inmate Penpal to locate the alleged material.
3. – Contact information for you, including your address, telephone number and/or e-mail address.
4. – A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law.
5. – A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
6. – A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at: http://lcweb.loc.gov/copyright/onlinesp/.
Prison Inmate Penpal does not arbitrate or resolve trademark disputes among Prison Inmate Penpal’s advertisers, publishers or between those advertisers and third parties. However, Prison Inmate Penpal will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue.
Prison Inmate Penpal occasionally receives requests to remove listings from within the services. Prison Inmate Penpal reserves the right to address such requests on a case-by-case basis. Any request to remove a listing from the service must come in writing directly from the owner (supscriber) of the listing. This policy is in force to preserve the integrity of services as provided by Prison Inmate Penpal and the service to subscriber relationship. All subscribers are made aware of this policy upon subscribing to Prison Inmate Penpal services.
Prison Inmate Penpal encourages you to use discretion when browsing the Internet or using the services. The services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the services. If you come across a listing that you believe contains inappropriate materials or other illegal material, please contact Prison Inmate Penpal and we will investigate the matter and contact the authorities as appropriate.
Prison Inmate Penpal reserves the right to change any information, pricing, features and functions of the services without prior notice. Prison Inmate Penpal may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that Prison Inmate Penpal determines, in its sole discretion, violate this Agreement, the rights of Prison Inmate Penpal or any third party, or is otherwise inappropriate.
This Agreement shall be governed by the laws of the State of North Carolina and the United States without regard to its conflict of law provisions. Prison Inmate Penpal’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect. 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 services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to this Agreement or the services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Fayetteville, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Prison Inmate Penpal may seek any interim or preliminary relief from a court of competent jurisdiction in Fayetteville, North Carolina, as necessary to protect the rights or property of you or Prison Inmate Penpal.
Labyrinth Internet Business Solutions
c/o Prison Inmate Penpal
7765 Tigertail Rd. Suite 1
St Pauls, NC 28384
Prison Inmate Penpal may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and Prison Inmate Penpal.
Last Updated 05-05-09
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