Terms_of_service

Terms of Service
Welcome to Rennlist!
The following agreement governs all use of Rennlist's services and hosted Web Sites.

1. Terms of Service
Rennlist and all of its services (the "Service") are provided to you under these Terms of Service and any operating policies that Rennlist may establish (the "Agreement"). Rennlist may make changes to this Agreement and your continued use of the Service constitutes your acceptance of any such changes.

The Service is free, although Rennlist reserves the right to charge for it in the future. Rennlist reserves the right to modify or discontinue the Service, or any features of the Service, temporarily or permanently, without notice to you and you agree that Rennlist is not liable to you should it do so. Rennlist reserves the right to occasionally contact users of its services regarding features and services.

You agree not to resell for commercial purposes Rennlist's Service or use of or access to the Service.

You agree to provide accurate, current and complete information to Rennlist when you register and to let Rennlist know of any changes. Failure to do so may result in termination. If you are under the age of 13 years old, you must obtain your parent's consent before using the Service. As part of the registration process, you will designate a password. You are solely responsible for keeping your password confidential and for all activities that occur under your password or account. Please let Rennlist know of any unauthorized use of your password, account, or subscription created under your account, or any other breach of security.

List subscriber
A person who joins a list or Web Forum is called a "subscriber." You may subscribe to any list or Forum which is open and whose membership requirements you satisfy. You acknowledge that Rennlist's Service allows the List Owners to determine membership rules and guidelines, to designate lists as "private" or "public," to refuse to accept new members, to remove subscribers from their lists, and to prohibit or remove any content, all in their complete discretion. You agree that Rennlist is not responsible or liable for the content, guidelines, requirements, or conduct relating to any list, and is not responsible for resolving any disputes that might arise between or among subscribers or third parties from activities on any list or use of Rennlist's Service.

Non-hosted lists or hyperlinks or Forums
Various lists and links are accessible to you through Rennlist but are not hosted on Rennlist's server and thus are not governed by this Agreement, and you acknowledge that Rennlist has no responsibility for the operation of such lists or Web Forums or business practices or Sponsor sites or the conduct of its owner(s). Any dispute or complaint concerning such lists or Sponsors or services should be directed solely to the owner or operator of that list or business or service.

You agree that you will not use Rennlist's Service to engage in commercial advertising activities unless such use is in accordance with Rennlist's Charter and/or without enrolling in Rennlist's Sponsors Program. Such commercial advertising activities include, but are not limited to, the following activities:

Offering for sale any products or services;
Soliciting for advertisers or sponsors;
Conducting raffles or contests that require any type of entry fee;
Displaying text or graphical advertisements for services that provide cash or cash-equivalent prizes in exchange for hyperlinks to their sites; and
Advertising or promoting services that provides cash or cash-equivalent prizes in exchange for hyperlinks to their sites.

2. Minors
Rennlist hosts lists for those under 18 years of age. However, if you are under 13 years of age, you must obtain your parent's consent before registering. If you are under 18 years of age you may not access or use any list designated as an "Adult" list. The terms governing the use of the service by minors and children are subject to change at any time without notice.

3. Disclosure of Registration and Other Information
Rennlist will not disclose personally identifiable information about you or your private communications (i.e., content transmitted on private, non-public lists) to third parties, without your permission, unless Rennlist believes such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend the rights or property of Rennlist or others; (3) enforce this Agreement; (4) respond to claims that the contents of any communications violate the rights of others; or (5) as otherwise provided in the Agreement.

Once you subscribe to a list, all other subscribers may have access to your email address. These lists are is designated as "public" by the List Owner, both subscribers and the public will have access to any content provided by you on that list.

4. Prohibited Conduct
You agree that you will not use Rennlist's Service to transmit, disseminate or upload:

(1) unlawful, harassing, libelous, tortious, abusive, threatening, or obscene communications of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;

(2) spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings;

(3) viruses or other harmful, disruptive or destructive files; or,

(4) content containing nudity or pornographic material of any kind to people under age 18, or to anyone on lists that are not limited to people age 18 or older.

You further agree: (a) that you will not disrupt or interfere with another subscriber's use or enjoyment of Rennlist's Service; (b) that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, Rennlist's Service, system resources or accounts, or any servers or networks connected to the Service; (c) that you will not attempt to obtain unauthorized access to Rennlist's Service, or to private lists on the Service; (d) that you are solely responsible for your actions in relation to Rennlist's Service, and for any communications transmitted under your account; (e) that you will not forge header or address information or otherwise impersonate another or create a false identity; (f) that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from this site; (g) that you will not disrupt the normal operation of Rennlist's Advertising or Sponsors, alter or deface inserted advertisements, or cause any substantial change in the usual content or frequency of emails sent using Rennlist's Services; (h) that you will not use any means to artificially increase the number of impressions or click-throughs on any list, including but not limited to actions such as subscribing phony email addresses or sending empty messages; (i) that you will not operate, or utilize any list whose purpose is to transmit untargeted or unsolicited mass emails, including but not limited to safe email lists; (j) that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and, (k) that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection.
Rennlist may implement rules and policies in addition to those listed above. You agree to comply with all rules and policies associated with the particular lists to which you subscribe.

You agree that Rennlist may in its sole discretion remove any material that appears to violate any of the foregoing, and that it may immediately limit or terminate your account or access if it appears you have violated these provisions.

5. Termination
You acknowledge that Rennlist in its sole discretion may change, terminate or bar access to your account or to any list in which you are a subscriber for any reason, with or without notice to you and without any liability to you or any third party. You may also terminate your account for any reason.

You also acknowledge that Rennlist, in its sole discretion, may suspend or terminate any list for any reason, with or without notice to you and without any liability to you or any third party.

The following provisions of the Agreement survive its termination: Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and Indemnification.

Termination will prevent you from using Rennlist's Service and cease your subscription to any lists or Web Forums. Termination may result in the deletion of email files in your account, whether or not such messages have been read or sent. You agree that upon termination Rennlist may immediately delete and bar access to any content or files in your account, including email messages, and cancel your subscription to any and all lists.

6. Proprietary Rights
Content available through Rennlist – including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any content provided by any third party advertiser, is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. You may download one copy of this content for your personal use only, as long as you keep all copyright and other proprietary notices intact, but are prohibited from any other use except as expressly authorized by Rennlist or the applicable advertiser. You may not copy, distribute or create derivative works of such content without express permission and you may not "frame" any content into Rennlist's site or "frame" content from Rennlist's site into any other site.

Rennlist does not claim ownership of the Content you transmit through Rennlist's Service. By transmitting Content through Rennlist for distribution to your Rennlist List or Web Forums, you grant Rennlist a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing Rennlist's hosting, archiving, subscription, and promotion services.

7. Service Availability and Customer Service
Although Rennlist strives to maintain the availability of the Service twenty-four hours a day, it makes no representation or promise that the Service will always be available, and you agree Rennlist is not liable to you or any third party for the temporary or permanent unavailability of the Service.

8. DISCLAIMER OF WARRANTIES
RENNLIST'S SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF RENNLIST'S SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RENNLIST DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RENNLIST DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT RENNLIST SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES RENNLIST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF RENNLIST'S SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH RENNLIST'S SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Rennlist'S SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

RENNLIST DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM RENNLIST'S SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH RENNLIST'S SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENNLIST OR THROUGH RENNLIST'S SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL RENNLIST OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE RENNLIST'S SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH RENNLIST'S SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF RENNLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED.

YOU AGREE THAT RENNLIST IS NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH THE SERVICE. YOU AGREE THAT RENNLIST DOES NOT ENDORSE THE SUBJECT MATTER OF ANY OF ITS LISTS OR ANY OF THE CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS SERVICE. YOU ALSO AGREE THAT RENNLIST SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF RENNLIST'S SERVICE.

IF YOU ARE DISSATISFIED WITH RENNLIST'S SERVICE, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Indemnification
You agree to indemnify, defend and hold harmless Rennlist, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party arising out of or related to your use of Rennlist's Service or your violation of this Agreement, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity.

Rennlist may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Rennlist, however, shall not excuse any of your indemnity obligations.

11. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to its conflict of laws provisions. You agree that you will bring any claim or cause of action arising out of your use of Rennlist's Service or this Agreement in the courts located within the county of Rockingham, New Hampshire and you also agree to submit to the personal and exclusive jurisdiction of those courts.

You agree that any claim or cause of action arising out of your use of Rennlist's Service or this Agreement must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

Updated: July 30, 2001