WWW.DEADBEATTENANTSPA.COM
Terms & Conditions
1. Acceptance of Terms
www.deadbeattenantspa.com provides a collection of online resources, including
information concerning tenant rental history and various email services, (referred
to hereafter as "the Service") subject to the following Terms of Use
("TOU"). By using the Service in any way, you are agreeing to comply
with the TOU. In addition, when using particular www.deadbeattenantspa.com services,
you agree to abide by any applicable posted guidelines for all www.deadbeattenantspa.com
services, which may change from time to time. Should you object to any term
or condition of the TOU, any guidelines, or any subsequent modifications thereto
or become dissatisfied with www.deadbeattenantspa.com in any way, your only
recourse is to immediately discontinue use of DeadbeatDatabase.org.
2. Modifications to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the TOU at:
http://www.deadbeattenantspa.com/Terms&Condtionms.htm/
3. Content
You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted through,
or linked from the Service, are the sole responsibility of the person from whom
such Content originated. More specifically, you are entirely responsible for
each individual item ("Item") of Content that you post, email or otherwise
make available via the Service. You understand that www.deadbeattenantspa.com
does not control, and is not responsible for Content made available through
the Service, and that by using the Service, you may be exposed to Content that
is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the www.deadbeattenantspa.com site and Content available through
the Service may contain links to other websites, which are completely independent
of www.deadbeattenantspa.com.
www.deadbeattenantspa.com makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site.
Your linking to any other webites is at your own risk. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, that you
may not rely on said Content, and that under no circumstances will www.deadbeattenantspa.com
be liable in any way for any Content or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed or otherwise made available
via the Service. You acknowledge that www.deadbeattenantspa.com does not pre-screen
or approve Content, but that www.deadbeattenantspa.com shall have the right
(but not the obligation) in its sole discretion to refuse, delete or move any
Content that is available via the Service, for violating the letter or spirit
of the TOU or for any other reason.
4. Third Party Content, Websites, and Services
The www.deadbeattenantspa.com site and Content available through the Service
may contain features and functionalities that may link you or provide you with
access to third party content which is completely independent of DeadbeatDatabase.org,
including web sites, directories, servers, networks, systems, information and
databases, applications, software, programs, products or services, and the Internet
as a whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You 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 www.deadbeattenantspa.com shall not be responsible or liable
for any 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 www.deadbeattenantspa.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 DeadbeatDatabase.org, 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.
5. Notification of 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 www.deadbeattenantspa.com agent for notice of claims of copyright
or other intellectual property infringement ("Agent"), at
info@www.deadbeattenantspa.com
Please provide our Agent with the following Notice:
a. Identify the material on the www.deadbeattenantspa.com site that you claim
is infringing, with enough detail so that we may locate it on the website;
b. 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;
c. A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
d. Your address, telephone number, and email address; and
e. Your physical or electronic signature.
Www.deadbeattenantpa.com will remove the infringing posting(s), subject to the
procedures outlined in the Digital Millenium Copyright Act (DMCA).
6. Privacy and Information Disclosure
www.deadbeattenantspa.com has established a Privacy Policy to explain to users
how their information is collected and used, which is located at the following
web address:
http://www.deadbeattenantspa.com/Privacy/
Your use of the www.deadbeattenantspa.com website or the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree that
www.deadbeattenantspa.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 user 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 a form of harassment; protect the rights, property,
or personal safety of DeadbeatDatabase.org, its users or the general public.
7. Conduct
You agree not to post, email, or otherwise make available Content:
a. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors in any way;
b. that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same
or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic
or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic
area of any person;
c. 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;
d. that impersonates any rental property owner, or tenant, or any person or
entity, including, but not limited to, a Www.deadbeattenantpa.com employee,
or falsely states or otherwise misrepresents your affiliation with a person
or entity;
e. that includes personal or identifying information about another person, which
is false, deceptive, misleading, deceitful, or misinformative;
f. 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 relationships;
g. that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial advertisement;
h. that constitutes or contains any form of advertising or solicitation;
i. that includes links to commercial services or web sites;
j. 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 New York law;
k. 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;
l. that disrupts 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
m. 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:
n. "stalk" or otherwise harass anyone;
o. collect personal data about other users for commercial or unlawful purposes;
p. use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - unless expressly permitted by
DeadbeatDatabase.org;
q. post irrelevant Content, repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load on our infrastructure;
r. attempt to gain unauthorized access to www.deadbeattenantspa.com computer
systems 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 www.deadbeattenantspa.com website; or
s. r) use any form of automated device or computer program that enables the
submission of postings on www.deadbeattenantspa.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 bulk, or for automatic submission of postings at regular
intervals.
8. 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 www.deadbeattenantspa.com resources, you may not use a Posting Agent
to post Content to the Service without express permission or license from DeadbeatDatabase.org.
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 express permission
or license from www.deadbeattenantspa.com
9. No Spam Policy
You understand and agree that sending unsolicited email advertisements to www.deadbeattenantspa.com
email addresses or through www.deadbeattenantspa.com computer systems, which
is expressly prohibited by these Terms, will use or cause to be used servers
located in New York. Any unauthorized use of www.deadbeattenantspa.com computer
systems is a violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), such violations may subject the sender and his or her agents to civil
and criminal penalties
.
10. Paid Advertising
We may charge a fee to post certain Content, such as advertising, in designated
areas of the Service. The fee is a charge for allowing Content to be posted
on the Service in a designated area. Each party posting Content to the Service
is responsible for said Content and compliance with the TOU. All fees paid will
be non-refundable in the event that Content is removed from the Service for
violating the TOU.
11. Limitations on Service
You acknowledge that www.deadbeattenantspa.com may establish limits concerning
use of the Service, including the maximum number of days that Content 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 www.deadbeattenantspa.com
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that www.deadbeattenantspa.com
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that Www.deadbeattenantpa.com shall
not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
12. Access to the Service
www.deadbeattenantspa.com grants you a limited, revocable, nonexclusive license
to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) 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 www.deadbeattenants.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 of classifieds listings
such as jobs, housing, for sale, services, or personals, or which is in the
business of providing classified ad listing services.
w ww.deadbeattenantspa.com permits you to display on your website, or create
a hyperlink on your website to, individual postings on the Service so long as
such use is for noncommercial and/or news reporting purposes only (e.g., for
use in personal web blogs or personal online media). If the total number of
such postings displayed or linked to on your website exceeds ten (10) postings,
your use will be presumed to be in violation of the TOU, absent express permission
granted by Www.deadbeattenantpa.com to do so. You may also create a hyperlink
to the home page of www.deadbeattenantspa.com sites so long as the link does
not portray DeadbeatDatabase.org, its employees, or its affiliates in a false,
misleading, derogatory, or otherwise offensive matter.
www.deadbeattenantspa.com offers 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. Www.deadbeattenantpa.com
permits you to display, excerpt from, and link to the RSS feeds on your personal
website or personal web blog, provided that (a) your use of the RSS feed is
for personal, non-commercial purposes only, (b) 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, (c) you provide, adjacent to the RSS feed, proper
attribution to www.deadbeattenants.com as the source, (d) your use or display
does not suggest that www.deadbeattenantspa.com promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not redistribute
the RSS feed, and (f) your use does not overburden www.deadbeattenantspa.com
systems. www.deadbeattenantspa.com reserves all rights in the content of the
RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Www.deadbeattenantpa.com
immediately terminates said 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 Deadbeattenantspa.com
13. Termination of Service
You agree that www.deadbeattenantspa.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
www.deadbeattenantspa.com believes that you have acted inconsistently with the
letter or spirit of the TOU. Further, you agree that www.deadbeattenantspa.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. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
14. 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 DeadbeatDatabase.org. You further agree
not to reproduce, duplicate or copy Content from the Service without the express
written consent of DeadbeatDatabase.org, 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 purposes, any aspect of the Service.
WWW.DEADBEATTENANTSPA.COM AND LOGO are a registered mark in the U.S. Patent
and Trademark Office.
Although www.deadbeattenanstpa.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 Www.deadbeattenantpa.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 www.deadbeattenantpa.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.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE DEADBEATTENANTSPA.COM SITE AND THE SERVICE IS ENTIRELY
AT YOUR OWN RISK. THE DEADBEATTENANTSPA.COM SITE AND THE 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 NON-INFRINGEMENT
OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED
BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DEADBEATTENANTSPA.COM DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE DEADBEAT-DATABASE.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED
BY LAW, DEADBEAT-DATABASE.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE DEADBEATTENANTSPA.COM SITE OR THE
SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DEADBEATTENANTSPA.COM
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEADBEATTENANTSPA.COM DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
DEADBEAT-DATABASE.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.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DEADBEATTENANTSPA.COM BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DEADBEATTENANTSPA.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE DEADBEAT-DATABASE.COM SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE DEADBEAT-DATABASE.COM SITE OR THE SERVICE, FROM
INABILITY TO USE THE DEADBEATTENANTSPA.COM SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DEADBEAT-DATABASE.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 DEADBEAT-DATABASE.COM SITE OR THE SERVICE OR ANY LINKS
ON THE DEADBEAT-DATABASE.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEADBEATTENANTSPA.COM
COM SITE OR THE SERVICE OR ANY LINKS ON THE DEADBEAT-DATABASE.COM SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions,
some of the foregoing limitation may not apply to you.
17. Indemnity
You agree to indemnify and hold Deadbeattenantspa.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 TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
18. General Information
The TOU constitute the entire agreement between you and www.deadbeattenantspa.com
and govern your use of the Service, superseding any prior agreements between
you and DeadbeatDatabase.org. The TOU and the relationship between you and www.deadbeattenantspa.com
shall be governed by the laws of the State of New York without regard to its
conflict of law provisions. You and www.deadbeattenanstpa.com agree to submit
to the personal and exclusive jurisdiction of the courts located within the
county of Albany, New York. The failure of www.deadbeattenanstpa.com to exercise
or enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision 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 filed within one (1) year after such claim or cause of action
arose or be forever barred.
19. Violations of Terms and Liquidated Damages
Please report any violations of the TOU, by emailing to:
info@www.deadbeattenantspa.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 it becomes necessary for www.deadbeattenantspa.com to pursue legal action
to enforce these Terms, you will be liable to pay www.deadbeattenantspa.comthe
following amounts as liquidated damages, which you accept as reasonable estimates
of Www.deadbeattenantpa.com damages for the specified breaches of these Terms:
a. If your post or message (1) impersonates any person or entity; (2) falsely
states or otherwise misrepresents your affiliation with a person or entity;
or (3) that includes personal or identifying false information about another
person, you agree to pay www.deadbeattenantspa.com six thousand dollars ($6,000)
for each such message.
b. If www.deadbeattenantspa.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 www.deadbeattenantspa.com three hundred dollars ($300) for
each message posted in excess of such limits or for each day on which you access
www.deadbeattenantspa.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to www.deadbeattenantspa.com
email addresses or through www.deadbeattenantspa.com computer systems, you agree
to pay www.deadbeattenanstpa.com sixty dollars ($60) for each such email.
d. If you post Content in violation of the TOU, other than as described above,
you agree to pay www.deadbeattenantspa.com two hundred dollars ($200) for each
Item of Content posted. In its sole discretion, www.deadbeattenantspa.com may
elect to issue a warning before assessing damages.
e. 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 Www.deadbeattenantpa.com
two hundred dollars ($200) for each and every Item you post 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 www.deadbeattenantspa.com an additional two hundred dollars ($200) for each
Item posted by the Posting Agent on behalf of the Principal in violation of
the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit
for any purpose any Content (except for your own Content) in violation of these
Terms without Www.deadbeattenantpa.com express written permission, you agree
to pay www.deadbeattenantspa.com six thousand dollars ($6,000) for each day
on which you engage in such conduct.
Otherwise, you agree to pay Www.deadbeattenantpa.com actual damages, to the
extent such actual damages can be reasonably calculated. Notwithstanding any
other provision of these Terms, www.deadbeattenantspa.comretains the right to
seek the remedy of specific performance of any term contained in these Terms,
or a preliminary or permanent injunction against the breach of any such term
or in aid of the exercise of any power granted in these Terms, or any combination
thereof.
20. Feedback
We welcome your questions and comments on this document by emailing us at:
www.deadbeattenanstpa.com
Copyright © 2011 www.deadbeattenantspa.com All rights reserved.