June 01 2006, dotcomjunkies was sold. Because of that, many parts of this website are under construction. This T.O.S. is one of them. The current dcj-members signed-up while below "old" T.O.S. was valid. For them, the situation remains the same, untill our new T.O.S. is ready. For the moment we will not accept new members. (simply because we want to have our T.O.S. and other parts of this website updated first). Because some parts of the current T.O.S. were incorrect, we have edited and deleted/cancelled a few things. These in-between changes apply to both old and new members/visitors/users of DotComJunkies.
Email us: members -at- dotcomjunkies.com
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Welcome to DotComJunkies!
By using DotComJunkies' services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and any other posted guidelines or rules applicable to any service. You also agree to follow the laws of the United States of America and specifically, the laws of the State of Texas. If you don't agree to any part of these terms you are free (and encouraged) to leave. Or, in simpler terms, visiting any part of DotComJunkies implies agreement with DotComJunkies Terms of Service (hereafter referred to as our "TOS"). We reserve the right to make amendments or changes to these Terms of Service at anytime. Continued use of DotComJunkies after such changes constitutes acceptance of said changes. If you do not agree with these terms or if these terms and conditions are not acceptable in full, you must immediately terminate your use of this site.
- DotComJunkies
When we talk about "DotComJunkies" we're talking about any content, service, or property owned by DotComJunkies. This includes, but isn't restricted to, all text, images, and software. Also, when we talk about "Junkies" we talk about paying members of DotComJunkies. This TOS applies both to paying members, and to non-paying visitors who use DotComJunkies services.
- Description of Service
DotComJunkies provides users with access to a broad collection interactive online community services, including, but not limited to, chat rooms, discussion forums, and web publishing tools.
DotComJunkies is intended for personal use by individuals. Any unauthorized commercial use of DotComJunkies or resale, repurposing, or reproduction of DotComJunkies services is expressly prohibited. DotComJunkies is a community site. It is not a commercial hosting service.
Private chat rooms are intended for private use, however, we have no objections, at this time, against open chats. DotComJunkies will NOT monitor chat. But be aware that open and private chats are on our server. This means that DotComJunkies reserves the right at all times to monitor, FTP-download, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, or legal process. Traffic in chat is not logged. Chat messages are logged for two hours (Older messages are deleted from log automaticly).
You agree that you will not use the service in connection with any junk email, spam, or unsolicited messages, commercial or otherwise.
You agree not to transmit, post, or place on pages you control any virus, trojan, worm, or any other harmful or deleterious code.
You agree not to post or incorporate any code which causes a browser to be redirected to another site, resized, spawn multiple windows, spawn multiple pop-ups, or otherwise affect the proper functioning of any browser or computer system.
You agree that, should your page(s) attract excessive levels of traffic DotComJunkies may, at it's sole discretion, place advertising banners in your member areas. Should you have any "outside" advertising in your member areas, DotComJunkies reserves the right to remove said advertising,
All content is the sole responsibility of the submitter. DotComJunkies has no obligation to monitor the service or any user's use thereof or retain the content of any user session. However, DotComJunkies reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, or legal process.
If you find something within DotComJunkies that you consider offensive, contact the person responsible for posting the material and bring it up with them. Please do not contact DotComJunkies, as we have no responsibility over the vast majority of this site's content. THIS INCLUDES but is not limited to the banning of ISPs and URLs. DotComJunkies is merely a conduit for the existence of an online community with persons like yourself that are responsible for its content.
This is a community site. DotComJunkies is only here to provide you with a place to interact with each other in a shared environment, and to make sure the site is physically running smoothly. We are not your parents, police, or your baby sitters, we are more like your landlords. We simply provide the space for you fill up. What you fill it with is up to our members and you. (Our members, for example, voted to disallow bestiality). Our responsibility is to keep the site up and running 99.9% of the time, to repair any errors to the software, upgrade said software and/or help members/visitors with problems.
DotComJunkies changes all the time, generally because the Junkies want it to. When you become a Junkie, you agree to live in this sea of change. We reserve the right to, at our sole discretion, make any changes, modifications, amendments, alterations, and/or deletions in any feature or group of features in the services we make available, at any time.
- You
In order to use DotComJunkies you must be 18 or over. If you're just using DotComJunkies services, we're trusting that if you're under 18, you won't hang out here. If you're under 18, we do have a family oriented site you can purchase membership for. Write to the e-mail address listed as "contact us" (in the menu above) for more information.
We don't discriminate on the basis of age, gender, ethnicity, or sexuality, but if you're a problem to us/others, we reserve the right to ban you from the site and if you're a Junkie, we reserve the right to cancel your membership at any time.
DotComJunkies recognizes it's responsibility under current US law to take, "in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by minors to" this site, which may contain adult language and situations. We also are taking appropriate measures to restrict minors from such communications, including any method which is feasible under available technology.
These other measures are as follows:
- Content Identification: Telling everyone that they must be at least 18 years old to enter. (That's what the rating services are for!)
- Technological Instructions for how you can prevent people in your home or office from visiting DotComJunkies.com: Our IP address
is 67.18.85.30. Tell your Internet Access Provider to block this address.
- Technological Instructions for how we can prevent people in your home or office from visiting DotComJunkies: mail your IP address to the e-mail address listed as "contact us" (in the menu above) and we'll block you out.
- Technological Instruction: We heartily support all self imposed Internet content selection solutions. Which is why we are rated with several "babysitting websites" who keep track of "adult" websites and help parents/employers/schools/libraries lock out such sites from their home/school computers. We are currently rated with the following sites: NetNanny, Labelled with ICRA, SafeSurf, CyberPatrol, SurfWatch, CyberSitter
From time to time, it may become necessary for us to contact you regarding your board/pages, forum, or some other issue regarding your membership. Please keep your email address current so that we can contact you in a timely manner. If we are unable to contact you in a timely manner, we reserve the right to take whatever action at whatever time we deem necessary regarding any service we provide you. While we will always make every effort to contact you before taking any action, we reserve the right to take timely action if we deem it necessary, whether we have been able to contact you or not.
- Content Identification: Telling everyone that they must be at least 18 years old to enter. (That's what the rating services are for!)
- Posts, board/pages, and what we'll delete when asked
Again, we are in no way responsible for anyone's content, anywhere on DotComJunkies, with the exception of that we ourselves produce. In short, you own your words and we are not responsible for them. The same is true of everyone else in DotComJunkies.
Furthermore, we reserve the right, but not the obligation, to delete information that falls under any of the below categories. We will, at our sole discretion, determine whether any material meets our criteria for deletion. This document in no way implies or establishes any obligation on the part of DotComJunkies or it's employees to delete any material.
- Threats. The legal definition of a "threat" is that it "must be on its face value and in the circumstances which it is made, so unequivocal, unconditional, immediate and specific as to the person threatened as to convey a gravity of purpose, imminent prospect of execution." In other words, unless someone is threatening to do YOU real personal harm SOON, and you have reason to believe that they CAN and WILL do this harm, they're not legally threatening you.
- People's NAMES (first AND last), phone numbers, addresses, or other personal information including their pictures, without their permission. We do not consider the posting of a single first
or last name as "R/T" information.
- Child Pornography, information that exploits actual persons under 18 years of age. If you believe you have seen any child pornography posted at Junkies, please
contact us a.s.a.p.
- Other illegal information, or information promoting illegal activities, including but not limited to posting of passwords to pay sites, "backdoors" to pay sites, software keys, and links to "hacked" or "cracked" copyrighted software, and links to "warez" sites.
- Material placed on our servers in violation of someone's copyright.
- Any code or formatting that interferes with page presentation, or creates a negative impact on peoples experience at DotComJunkies.
- Links to content not allowed in DotComJunkies including bestiality.
- Threats. The legal definition of a "threat" is that it "must be on its face value and in the circumstances which it is made, so unequivocal, unconditional, immediate and specific as to the person threatened as to convey a gravity of purpose, imminent prospect of execution." In other words, unless someone is threatening to do YOU real personal harm SOON, and you have reason to believe that they CAN and WILL do this harm, they're not legally threatening you.
- Our responsibility for your content
We do everything we can to keep our machines healthy and happy. We do NOT provide backup service, however, we do occasionally back up your board without the posts! We are not responsible for any damage caused by loss of access to, or alteration (including deletion) of your content, including all posts and Junkie board/pagess. The final responsibility for your information rests on your shoulders.
- Your privacy
All information that you provide to us will be held in the closest confidence. We do not receive any information from CCBill other than your name and e-mail address.
DotComJunkies uses cookies in order to store session information for your use of the site. This means if you close your browser, your cookie disappears. When your cookie disappears you are no longer logged in!
DotComJunkies creates standard network logs containing the IP address of systems connecting to our site.
DotComJunkies records your IP address and OS/Browser information in a file along with the post number of any post you make. This is available to the individual board owner, their moderators and the Gremlins. We do not consider it R/T information if someone posts your IP info! In general, IP information doesn't disclose anything about YOU with the exception of possibly the city you live in.
Postings and other communications with employees of DotComJunkies are not private and may be published or reposted by us unless you specifically request otherwise. Other communications with employees of DotComJunkies are private and may not be published. However, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, or legal process.
- NO WARRANTY
YOU UNDERSTAND THAT YOU ARE USING DotComJunkies SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. DotComJunkies MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
- Indemnity
By using DotComJunkies services, you agree to indemnify DotComJunkies, its parents, subsidiaries, affiliates, officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of DotComJunkies, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
- Termination of Service
We reserve the right to ban or block access by anyone, anytime we deem it necessary. This includes but is not limited to membership and/or free handles. We also reserve the right to refuse membership/free handles to anyone, and we also reserve the right to cancel anyone's membership/free handles for any reason, at any time, with no refund. Further, we will explicitly cancel memberships/free handles, at our discretion, for abuse of HTML, Javascript or Java, or any other code which interferes with or causes harm to any browser or computer system, in any DotComJunkies space, including but not limited to code designed to intercept another's cookies or passwords.
- DotComJunkies Intellectual Property
Everything on DotComJunkies, all text, images, software and sounds, both as individual works and as a collection, are copyright DotComJunkies. DotComJunkies and Gremlin Productions are registered Trademarks of Gremlin Productions.
- Intellectual Property of Others
DotComJunkies respects the intellectual property of others and we ask that our users do the same. If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please provide DotComJunkies copyright agent with the information requested in the Procedure for Notice of Complaint. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A). Title II of the Digital Millennium Copyright Act ("DMCA") of 1998, 17 U.S.C. Section 512 (c)(3)(A), limits the liability of online service providers for certain copyright infringement liability if various procedures are followed. This policy is intended to take advantage of the liability protections in the DMCA. Users who are found to repeatedly violate copyright rights of others may have their access to all services terminated.
The Designated Agent for Notice of claims of copyright infringement on this site is the e-mail address listed as "contact us" (in the menu above).
The Designated Agent will accept reports alleging copyright infringement by persons using DotComJunkies services. Please send any allegations to the above address. The Digital Millennium Copyright Act requires that the complaint contain certain information. For a detail of this information and for DotComJunkies copyright policy please see http://www.DotComJunkies.com/members/dmca.shtml
- Password sharing
It is not allowed to share the username and password that provide access to our members-only forum. We monitor server logfiles and if we see logins from multiple ip adresses, we reserve the rights to terminate your account. Our members-only forum is for members only.
- Legal Venue
This Agreement shall be governed by the laws of the State of Texas in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.
- Headings
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
If you have any questions regarding any of these terms, please write to the e-mail address listed as "contact us" (in the menu above).
Copyright © 1999-2008 DotComJunkies