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Terms Of Use Agreement 02/25/2010
1. ACCEPTANCE
FreeClassifiedsByDeb.Com provides a group of online resources at the website (the “Site”), including free classified ads, shopping mall, and a variety other services, (collectively referred to hereafter as "the Service"). This Terms of Use ("TOU") Agreement (“Agreement”) sets forth the terms and conditions governing how you use the Service. By using the Service in any way, you are agreeing with the TOU, and agreeing to comply with TOU. In addition, when using any FreeClassifiedsByDeb.Com service, you agree to abide by all relevant posted guidelines, which may change occasionally. Should you object to (or not agree with) any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with FreeClassifiedsByDeb.Com in any way, your only remedy is to immediately discontinue use of FreeClassifiedsByDeb.Com and leave the Site.
2. MODIFICATIONS TO THIS AGREEMENT
FreeClassifiedsByDeb.Com reserves the right, at any time, to change, modify, alter, edit, replace or otherwise update the terms and conditions of this Agreement without prior notice. Any such terms and conditions shall become effective immediately upon being posted on the Site. Your continued use of any portion of the Service after amendments are posted constitutes an acknowledgement and acceptance of the latest Agreement and its modifications. Except as provided here in this paragraph, this Agreement may not be amended. You must review this agreement on a regular basis to keep yourself informed of any changes. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the latest Agreement and its modifications.
3. DESCRIPTION OF SERVICE
Through the Service, we are providing you with online classified advertisements and other services. You must :
provide all equipment necessary for your own Internet connection, including computer and modem, provide for your access to the Internet, and pay any fees to others required for such connection.
4. CONTENT
You agree and understand that all images, photos, bannners, video, sounds, postings, messages, text, files, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the exclusive responsibility of the originator of said Content. As the originator, you are entirely responsible for each and every item of Content that you post, link, email or otherwise make available via the Service. You understand and agree that FreeClassifiedsByDeb.Com has no control over, and is not responsible for Content made available through the Service, and that by using the Service, you may be subjected or exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. If at any time you encounter Content that is offensive or otherwise objectionable your only recourse is to immediately discontinue use of FreeClassifiedsByDeb.Com and leave the Site.
In addition, the FreeClassifiedsByDeb.Com site and Content available through the Service may contain links to other websites, which are completely unrelated to, and independent of, FreeClassifiedsByDeb.Com. FreeClassifiedsByDeb.Com makes no representation or warranty as to the accuracy, validity, completeness or authenticity of the information contained in any such site. Your linking to any other websites is entirely at your own risk. You understand and agree that you must investigate, evaluate, solely bear all risks associated with the use of such Content, and that you may not rely on said Content. Further, you understand and agree that under no circumstances will FreeClassifiedsByDeb.Com be responsible or liable in any way for the use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge, agree and understand that FreeClassifiedsByDeb.Com does not and cannot review, pre-screen or approve Content, but that FreeClassifiedsByDeb.Com shall have the right (but not the obligation) in its sole discretion to refuse, delete, block or move any Content that is available via the Service, for violating the letter or spirit of the TOU or any other reason FreeClassifiedsByDeb finds appropriate.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
The Content and links available via the site through the Service may contain features and functionalities that provide you with access to third party content (such as web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole) that is completely independent of FreeClassifiedsByDeb.Com.
Your interaction with businesses, organizations and/or individuals found on or through the Service, including payment for (and delivery of) goods or services, and any other terms, conditions, warranties or representations associated with such transactions or dealings, is solely between you and such businesses organizations and/or individuals. You bear the responsibility for due diligence and should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that FreeClassifiedsByDeb.Com shall not be responsible or liable for loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FreeClassifiedsByDeb.Com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FreeClassifiedsByDeb.Com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
6. CLAIMS OF INFRINGEMENT
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 notify FreeClassifiedsByDeb.Com for notice of claims of copyright or other intellectual property infringement at:
webmaster@debprettypix.com
Please provide us with the following Notice:
- Identify the material on FreeClassifiedsByDeb.Com site that you claim is infringing, with enough detail so that we may locate it on the website;
- 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 declaring under penalty of perjury that
- the above information in your Notice is accurate, and
- that you are owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
FreeClassifiedsByDeb.Com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
You must not post infringing content on the Site. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party's rights. It is policy, in appropriate cases, to cancel the registration of repeat infringers and terminate their access to the Service.
7. PRIVACY AND INFORMATION USE
Your use FreeClassifiedsByDeb.Com website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that FreeClassifiedsByDeb.Com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other users information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as of harassment; protect the rights, property, or personal safety of FreeClassifiedsByDeb.Com, its users or the general public.
FreeClassifiedsByDeb.Com takes your privacy very seriously.
FreeClassifiedsByDeb.Com does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested.
Certain companies present advertisements on our site and use tracking technology. We do not give any personally identifiable information to them as part of this relationship. Unless you visit the Web site of those companies and provide them with personal information the tracking technologies tell those advertisers nothing about who you are. Our advertisers' are subject to their own privacy policies.
The FreeClassifiedsByDeb.Com site and Content available through the Service may contain features and functionalities that link you or provide you with access to third party content which is completely independent of FreeClassifiedsByDeb.Com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We do not give any personally identifiable information as part of this process. Linked sites are subject to their own privacy policies.
8. USE OF SITE AND SERVICES
You agree not to post, email, or otherwise make available Content or a link to the Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is nude, pornographic or depicts a human being engaged in actual (or simulated) sexual conduct.
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
- with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
- that impersonates any person or entity, including, but not limited to, a FreeClassifiedsByDeb.Com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationship;
- that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", unsolicited commercial advertisement, doorway pages, cloned websites, self-replicated website, Made for Adsense (MFA) website, made for any other PPC engines website, payment requirement to get a job;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of the FreeClassifiedsByDeb.Com which are not designed for such purposes; or emailed to FreeClassifiedsByDeb.Com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
- that includes links to commercial services or web sites, except as allowed in "services"; or link
(s) to web sites based on blog or located on free hosting;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.
- 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;
- that disrupt the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by FreeClassifiedsByDeb.Com;
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to FreeClassifiedsByDeb.Com computer system or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the FreeClassifiedsByDeb.Com website; or
- use any form of automated device or computer program that enable the submission of postings on FreeClassifiedsByDeb.Com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in link, or for automatic submission of postings at regular intervals.
- provide false, incomplete, inaccurate or purposely misleading information when registering to use the Service.
9. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on FreeClassifiedsByDeb.Com resources, you may not use Posting Agents to post Content to the Service without permission or license from FreeClassifiedsByDeb.Com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with permission or license from FreeClassifiedsByDeb.Com.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to FreeClassifiedsByDeb.Com email addresses or through the FreeClassifiedsByDeb.Com computer system, is expressly prohibited by these TOU. Any unauthorized use of FreeClassifiedsByDeb.Com computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. #1030 et seq.), and other criminal laws State and Federal, and may also result in civil liability. Such violations may subject the sender and his or her agents to civil and criminal penalties.
11. PAID POSTINGS AND SERVICES
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. Also, we may charge a fee to provide paid services in some areas of the Service. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
12. LIMITATION ON SERVICE
You acknowledge that FreeClassifiedsByDeb.Com may establish limits concerning use of the Service, including the maximum number of Content that will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that FreeClassifiedsByDeb.Com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that FreeClassifiedsByDeb.Com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FreeClassifiedsByDeb.Com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. ACCESS TO THE SERVICE
FreeClassifiedsByDeb.Com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use in a limited way. This license does not include:
- access to the Service by Posting Agent; or
- any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by FreeClassifiedsByDeb.Com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset off classified listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
FreeClassifiedsByDeb.Com permits you to display on your website, or create a hyperlink on your website to, an individual posting on the Service. If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by FreeClassifiedsByDeb.Com to do so. You may also create a hyperlink to the home page of FreeClassifiedsByDeb.Com sites so long as the link does not portray FreeClassifiedsByDeb.Com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
FreeClassifiedsByDeb.Com may, now or in the future, offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. FreeClassifiedsByDeb.Com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that
- your use of the RSS feed is for personal, non-commercial purposes only,
- each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,
- you provide, adjacent to the RSS feed, proper attribution to " FreeClassifiedsByDeb.Com " as the source,
- your use or display does not suggest that FreeClassifiedsByDeb.Com promotes or endorses any third party causes, ideas, web sites, products or services,
- you do not redistribute the RSS feed, and
- your use does not overload FreeClassifiedsByDeb.Com's systems. FreeClassifiedsByDeb.Com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of Service beyond the scope of authorized access granted to you by FreeClassifiedsByDeb.Com immediately terminates this permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from FreeClassifiedsByDeb.Com.
14. TERMINATION OF SERVICE
You agree that FreeClassifiedsByDeb.Com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FreeClassifiedsByDeb.Com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that FreeClassifiedsByDeb.Com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
15. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of FreeClassifiedsByDeb.Com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any aspect of the Service.
Although FreeClassifiedsByDeb.Com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to FreeClassifiedsByDeb.Com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant FreeClassifiedsByDeb.Com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
16. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE FreeClassifiedsByDeb.Com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FreeClassifiedsByDeb.Com SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FreeClassifiedsByDeb.Com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FreeClassifiedsByDeb.Com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FreeClassifiedsByDeb.Com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FreeClassifiedsByDeb.Com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FreeClassifiedsByDeb.Com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FreeClassifiedsByDeb.Com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FreeClassifiedsByDeb.Com SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
17. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FreeClassifiedsByDeb.Com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FreeClassifiedsByDeb.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FreeClassifiedsByDeb.Com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FreeClassifiedsByDeb.Com SITE OR THE SERVICE, FROM INABILITY TO USE THE FreeClassifiedsByDeb.Com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FreeClassifiedsByDeb.Com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FreeClassifiedsByDeb.Com SITE OR THE SERVICE OR ANY LINKS ON THE FreeClassifiedsByDeb.Com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FreeClassifiedsByDeb.Com SITE OR THE SERVICE OR ANY LINKS ON THE FreeClassifiedsByDeb.Com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS ON LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
18. INDEMNITY
You agree to indemnify and hold FreeClassifiedsByDeb.Com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
19. GENERAL INFORMATION
The TOU constitute the entire agreement between you and FreeClassifiedsByDeb.Com and govern your use of the Service, superseding any prior agreements between you and FreeClassifiedsByDeb.Com. The TOU and relationship between you and FreeClassifiedsByDeb.Com shall be governed by the laws of Pennsylvania without regard to its conflict of law provisions. You and FreeClassifiedsByDeb.Com agree to submit to the personal and exclusive jurisdiction of the court located within the county of Columbia, Pennsylvania. The failure of FreeClassifiedsByDeb.Com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any of the TOU 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 TOU 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 Service or the TOU must be filled within six (6) months after such claim or cause of action arose or be forever barred.
20. VIOLATION OF TERMS
Please report any violations of the TOU by emailing to: webmaster@debprettypix.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if in the event it becomes necessary for FreeClassifiedsByDeb.Com to pursue legal action to enforce the TOU, you will be liable to pay FreeClassifiedsByDeb.Com the following MINIMUM amounts as liquidated damages, which you accept as reasonable estimates of FreeClassifiedsByDeb.Com's damages for the specified breaches of the TOU:
- If you post a message that
- impersonates any person or entity;
- falsely states or otherwise misrepresents your affiliation with a person or entity; or
- that includes personal or identifying information about another person without that person's explicit consent,
you agree to pay FreeClassifiedsByDeb.Com one thousand five hundred dollars ($1,500.00) for each such message. This provision does not apply to messages that are lawful non-descriptive parodies of public figures.
- If FreeClassifiedsByDeb.Com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay FreeClassifiedsByDeb.Com one hundred fifty dollars ($150) for each message posted in excess of such limits or for each day on which you access FreeClassifiedsByDeb.Com in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to FreeClassifiedsByDeb.Com email addresses or through FreeClassifiedsByDeb.Com computer systems, you agree to pay FreeClassifiedsByDeb.Com fifty dollars ($50) for each such email.
- If you post Content in violation of the TOU, other than as described above, you agree to pay FreeClassifiedsByDeb.Com one hundred dollars ($100) for each Item of Content posted. In its sole discretion, FreeClassifiedsByDeb.Com may elect, but is not obligated, to issue warning before assessing damages.
- If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay FreeClassifiedsByDeb.Com two hundred fifty dollars ($250) for each and every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay FreeClassifiedsByDeb.Com an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without FreeClassifiedsByDeb.Com's express written permission, you agree to pay FreeClassifiedsByDeb.Com four thousand dollars ($4,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay FreeClassifiedsByDeb.Com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, FreeClassifiedsByDeb.Com retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.
IF YOU DO NOT AGREE WITH THE FreeClassifiedsByDeb.Com TERMS OF USE PLEASE LEAVE THIS WEBSITE