User Agreement and Terms of Service
Terms are Subject to Change at any time.
http://www.TheNakedMouse.com which is owned and operated by
Version 1.0 Posted May 1, 2018
1. ACCEPTANCE OF TERMS
TheNakedMouse.com provides a collection of online resources, including email services (referred to hereafter as "the Service") subject to the following Terms of Service ("TOS").
By using the Service in any way, you are agreeing to comply with the TOS. In addition, when using particular services, you agree to abide by any applicable posted guidelines for all services, which may change from time to time.
Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the service in any way, your only recourse is to immediately discontinue use of the Service.
This Site and related sites are offered, to you except where noted, free of charge by us. Please read the Membership Terms and Conditions carefully before registering as a Member.
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 TOS on our main page.
You understand that all postings, messages, text, files, images, photos, videos, 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 we do not control, and are 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. Any action you take as a result of a posting/listing to this Service is strictly at your own peril.
Furthermore, the service and Content available through the Service may contain links to other websites, which are completely independent of this Service. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites 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 the Service 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 the Service does not pre-screen or approve Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Service 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 this Service 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 the Service 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 the Service under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Service 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 COPYRIGHT 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 us for notice of claims of copyright or other intellectual property at help@ThefreeChatline.com
Please provide us with the following Notice:
a) Identify the material on the 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.
The Service will will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
a. The Service does not share your information with third parties for marketing purposes
b. We don't employ tracking devices for marketing purposes ( "web beacons," single-pixel gifs)
c. We don't send you unsolicited communications for marketing purposes
d. Account information is password-protected. Keep your password safe.
e. We do not knowingly collect any information from persons under the age of 13. If we learn that a posting is by a person under the age of 13, the Service will remove that post.
f. The Service, or people who post on the Service, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visit.
g. We sometimes collect your email address, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, etc.
h. The Service does not store credit card information. CC Bill is the authorized credit card processor for the Service. We do not process any payments.
i. We may collect personal information if you provide it in feedback or comments, post it on our classifieds or interactive forums, or if you contact us directly. Please do not post any personal information that you expect to keep private
j. Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the site, and to otherwise provide our service to you
k. All postings to are stored in our database, even after deletion, and may be archived elsewhere
l. Although the Service makes good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
m. Search engines and other sites are not affiliated with the Service.
n. We may disclose information about our users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process
p. We welcome your feedback on this document through our feedback form.
q. We will occasionally send email, or text to notify users of special promotions and announcements. By agreeing to TOS when posting to our service you agree to to opt in to our emails for system status, updates or promotions.
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; Nudity is not allowed.
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 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);
e) 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.
f) 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.
g) that impersonates any person or entity, including, but not limited to, an employee of the Service, 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.);
h) that includes personal or identifying information about another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
j) 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;
k) that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Service which are not designated for such purposes; or emailed to our users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "services";
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
o) 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;
p) 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
q) 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:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by the Service;
v) 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;
w) post the same item or service in more than one classified category or in more than one location area that does not relate to the area concerning your ad;
x) attempt to gain unauthorized access to the Service's 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
the Service website; or
y) use any form of automated device or computer program that enables the submission of postings on the Service 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. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to other member email addresses or through our computer systems, which is expressly prohibited by these TOS. Any unauthorized use of our computer systems is a violation of the TOS 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.
9. PAID POSTINGS
The Service 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 TOS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS. Absolutely no posting of classifieds sites or listing sites of any kind unless first authorized by the Service.
All Fees paid are in US Dollars $
10. LIMITATIONS ON SERVICE
You acknowledge that we 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 we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that we reserve the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. ACCESS TO THE SERVICE
The Service 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 the Service.
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 system's settings.
"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.
The Service 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). You may also create a hyperlink to the home page of the Service sites so long as the link does not portray the Service, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
Use of the Service beyond the scope of authorized access granted to you by the Service immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the 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 the Service.
12. TERMINATION OF SERVICE
You agree that the Service 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 the Service believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that the Service 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 12-18 shall survive termination of the TOS.
13. 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 the Service. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of the Service, 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.
Although the Service 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 the Service 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 the Service 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.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND SITE 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, THE SERVICE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE 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.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE SERVICE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE 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 SERVICE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE 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.
WARNING: You may read, see or hear materials posted on this site which are misleading, false or offensive. Other users may lie to you or mislead you. Photos or videos uploaded by members may have been altered. We do not investigate the “background” of users.
We do not verify the accuracy or truthfulness of profiles, comments or postings of any kind.
You agree to indemnify and hold the Service, 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 TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. GENERAL INFORMATION
The TOS constitute the entire agreement between you and the Service and govern your use of the Service, superseding any prior agreements between you and the Service. The failure of the Service to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree and acknowledge that we, our owners, agents, employees, vendors, suppliers and successors in rights assume no responsibility for your actions and/or their consequences. Do not share personal information about yourself with anyone at anytime. Ever. No employees of this website will ever ask for personal information about you, your password, or your e-mail address. If someone contacts you, claiming to work for this website, they are lying to you! You are responsible for maintaining the confidentiality of your Password and Member Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the website and will not be liable if your Password or Member Name are used by someone else. We suggest you change your password often.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS, by flagging the posting(s) for review or by contacting us at help@TheNakedMouseCustomerService.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.
20. CHOICE OF LAW
This Agreement will, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Rhode Island, without regard to its conflicts of law provisions. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Rules of Procedure for Arbitration. The place of arbitration shall be Providence, Rhode Island. Rhode Island law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
We welcome your feedback at anytime. Please use our feedback form which located on the main page. Or contact us at help@TheNakedMouseCustomerService.com