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eListas Terms of Service
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  1. Acceptance of these Terms

    The services offered by AR NETWORKS ("AR NETWORKS ", "ELISTAS.COM" or "ELISTAS") are provided to registered users ("You", "User" or "Client") in agreement with the Terms of Service (the" Service "or the" Services") described in this page.

    The term "registered user" is defined as any electronic mail address and associated data that is subscribed to any of the distribution lists hosted at eListas.com, whether such subscription has been made by the owner of that electronic mail address, by the owner, creator or administrator of a list, or by an organization authorized to make such subscription.

    The use, direct or indirect of the services offered by ELISTAS.COM implies the acceptance of these terms, applicable to both creators of lists and users subscribed to such lists. AR NETWORKS delegates on the list administrators the responsibility to inform their subscribers the implied acceptance of these Terms, reserving AR NETWORKS the right to inform any registered user about these Terms at any time.

    All commercial services offered by ELISTAS.COM will be governed by the Terms of the Service described during the contract of the Service. In the absence of such Terms, the Terms of the Service described here will be honored.

  2. Unsolicited Email

    2.1 . - It is strictly prohibited to use the Services offered by ELISTAS.COM for the creation of distribution lists in order to send unsolicited email of any type. To this effect, it is understood by unsolicited email or unsolicited messages, any email message sent to any person who has not explicitly expressed they would like to receive such messages, by means of a confirmation process (commonly denominated "confirmation opt-in" or "double opt-in"). Any action in violation of this clause is considered unauthorized access to our network systems and resources.

    2.2 . - It is also prohibited the promotion of lists hosted at ELISTAS.COM by means of the delivery of unsolicited messages. This includes advertising messages, unsolicited invitations and other methods.

    2.3 . - The delivery of unsolicited advertising messages to lists hosted at ELISTAS.COM is also prohibited. To that effect, sending unsolicited email to ELISTAS.COM is considered unauthorized access to our network systems and resources. The only exception is when the list administrator of a particular list has clearly specified in advance that such messages are allowed in that particular list.

    2.4 . - It is strictly forbidden to use techniques or tricks to evade technical and social anti-spam protection systems, including but not limiting to the acts of subscribing to a list, sending an advertising message and unsubscribe afterwards; changing the email address in order to circumvent an email block; the massive subscription to lists with the main purpose of sending one or several messages to such lists, or the mass-delivery of messages to one or more lists, among others. As in clauses 2.1 and 2.3, any action in violation of this clause is considered unauthorized access to our computer systems and resources.

    2.5 . - CAN-SPAM Act. - When someone sends a message to a list hosted at ELISTAS.COM, such message delivery is meant to be used for redistributing the message to the members of the list. That is, ELISTAS servers act as relay or retransmission servers of email messages, not as mail servers for individual email accounts.

    Since, per these terms of services, the sending of unsolicited email as defined in clauses 2.1 to 2.4 of these Terms is not authorized, any unsolicited email message sent to any list hosted at ELISTAS is in direct violation of Sections 104(a)(2) and 105(b)(3) of the S.877 CAN-SPAM Act of 2003, and ELISTAS will, at its own discretion pursue civil liability charges against the initial sender of the electronic mail advertisement and recover damages as specified in Section 107(f)(1), 107(f)(2) and 107(f)(3) of the S.877 CAN-SPAM Act of 2003.

    2.6 . - Using the services offered by ELISTAS.COM for the purposes of retaliation, revenge or punishment, including the act of forcefully having someone receive email messages sent by ELISTAS.COM without the person's consent, among others, is prohibited.

    2.7 . - It is strictly prohibited to use the name, brand names, email addresses, titles or positions of AR NETWORKS/ELISTAS.COM in messages or publications not managed directly by ELISTAS, especially if the use of such names could be interpreted as if AR NETWORKS or ELISTAS.COM was the original author of such publications. If the distribution of the content is carried out by an organization other than AR NETWORKS/ELISTAS.COM, it is also prohibited using the name, brand names, email addresses, titles or positions of AR NETWORKS/ELISTAS.COM if such use could be interpreted as if AR NETWORKS/ELISTAS.COM is the originator of such distribution.

  3. General Responsibilities

    3.1 . - THE OPINIONS OF AR NETWORKS DO NOT HAVE TO AGREE WITH THE OPINIONS EXPRESSED BY THE USERS IN THE GROUPS AND LISTS HOSTED AT ELISTAS. AR NETWORKS IS NOT REPONSIBLE IN ANY WAY OF THE CONTENT PUBLISHED ON THESE LISTS.

    3.2 . - AR NETWORKS IS NOT REPONSIBLE, DIRECTLY OR INDIRECTLY, OF COMPLAINTS, LEGAL, MORAL OR ANY OTHER KIND OF DISPUTES OR PROBLEMS, ARISED AS A RESULT OF THE CREATION OR EXISTANCE OF ANY LIST OR ITS CURRENT OR FUTURE CONTENTS.

    3.3 . - THE REGISTERED USER USES THE SERVICES PROVIDED BY AR NETWORKS UNDER HIS OWN RESPONSIBILITY. AR NETWORKS DOES NOT TAKE RESPONSIBILITY OF THE CONTENTS, MATERIALS OR DATA OBTAINED BY MEANS OF USING THE SERVICES OFFERED BY AR NETWORKS, NOR OF THE DAMAGES THAT CAN BE CAUSED TO THE USER AS A RESULT OF THE USE OF THE SERVICES.

  4. Use of the Service

    4.1 . - The user agrees not to transmit, spread, publish, distribute, exchange, sell or make available to third parties through ELISTAS.COM content, elements, images, texts, announcements, messages, or any other product that in any way can be considered (i) illegal, offensive, abusive, or in any case questionable, (ii) racist, profane or libel, or that promotes terrorism, physical, moral or material damage to one or other individuals or groups, (iii) that discloses or makes available illegal or clandestine activities, (iv) that attempts against fundamental rights and public liberties, (v) that induces, urges or promotes criminal activities, libel, slander or violent attitudes or discriminative comments because of sex, race, religion, beliefs, age or condition (vi) criminal activities or in general, against the law or the public order, and in particular those that could attempt against the rights of minors, (vii) that are protected by copy, intellectual or industrial property rights without having obtained the proper and legal authorization, (viii) forging the identity or information of the sender or recipient.

    4.2 . - The user agrees not to encrypt or cipher contents distributed through ELISTAS.COM by means of algorithms or formulas that cannot easily be deciphered by ELISTAS or by law enforcement agencies.

    4.3 . - The user agrees not to use the services offered by AR NETWORKS for the purchase, sale or exchange of questionable articles or whose commerce could be controlled or prohibitted, including among others the purchase, sale or exchange of alcohol, live animals, firearms, impounded property, illegal TV decoders, drugs and utensils for their use, fake or counterfeit stamps or currency, credit cards, human organs, plants, stolen articles or tobacco.

    AR NETWORKS will be in no case responsible, neither in civil nor criminal terms, by any damages derived directly or indirectly from the breach by the user of the obligations herein.

  5. Advertising

    5.1 . - List administrators may include advertising in their messages and charge the advertisers for such service, at their discretion. AR NETWORKS does not guarantee this Service to be a source of income of any type.

    5.2 . - AR NETWORKS may occasionally send information about other services or products to those registered users who have specified in their profile that they wish to receive such messages. This profile information is accessible by each user, who can modify it at any time. The use by ELISTAS of such data is protected under these Terms as well as under our Privacy Policy, which prohibits the sale, publication or delivery of such data to third parties without previous user consent.

  6. Service Resale

    6.1 . - Reselling or charging for the use of this service or parts of it to third parties is prohibited without previous authorization from ELISTAS. If you are interested in reselling this Service or charging a fee to your subscribers, please contact us: http://www.elistas.com/contact-services.html.

  7. Intellectual property and Copyrights

    7.1 . - The content, past, present or future generated through the Services offered by AR NETWORKS it is defined as collective work, property of the person who publishes and originates such contents.

    7.2 . - The natural or legal person in charge of content coordination is the list owner or creator of the list. This person also holds the rights on the collective work.

    7.3 . - The natural or legal person in charge of content coordination grants AR NETWORKS the right to decide whether the content has to be broadcasted or delivered and in what forms. In any case, AR NETWORKS will respect this right as long as the user accepts the implicit distribution and delivery channels of the Service.

    7.4 . - The user grants AR NETWORKS nonexclusive, free, permanent and irrevocable rights of reproduction, distribution and public communication to use, distribute, copy, reproduce and show any material, partial or complete, delivered through ELISTAS.COM, and exempts AR NETWORKS and their successors of any type of responsibility from exercising these rights. Otherwise, AR NETWORKS would not have legal rights to publish or to distribute the list messages, among other things.

    7.5 . - The user will be able to contract or use, without expressed authorization from AR NETWORKS, similar services, or to stop using the Services, with or without reason, and with or without previous warning.

    7.6 . - PRIVATE LISTS. In the case of private lists , AR NETWORKS is committed not to disclose the existence of such lists through any means and not to disclose their content through any public channel out of the natural environment imposed by the mechanics of the list.

  8. Jurisdiction of responsibilities and contents

    8.1 . - The natural or legal person described in clauses 7.1 and 7.2 assumes all the responsibility in making sure the content or derivative content of a list do not include material that violates any of the clauses of these Terms.

    8.2. - If the content or derivative contents of a list include material not appropriated for minors or incurs a civil or criminal liability in certain regions for certain audience, the natural or legal person described in clauses 7.1 and 7.2 assumes all the responsibility in moderating the subscription, and in making sure that all list members can legally have access to such content.

  9. Database Registry

    9.1 . - The database for the services offered by ELISTAS is managed by AR NETWORKS, their only proprietor, under the jurisdiction of the State of California in the United States of America.

  10. Other limitations

    10.1 . - Any registered user who creates, manages or moderates lists hosted at ELISTAS must truthfully describe the purpose or real intention of their lists, not being able to describe, announce, publish or promote such lists with incorrect data or attempt of deception. In particular, AR NETWORKS prohibits the false description of a list in order to hide the real purpose of such list.

    It is strictly forbidden to create or maintain lists hosted at ELISTAS that are mainly used for anything other than the distribution and/or exchange of electronic mail between groups. In particular it is forbidden to create lists for the main purpose of using the file storage area or as an alternative email address. AR NETWORKS reserves the right to cancel with or without warning any list that may appear to violate this clause.

  11. Cancellation of the Service

    AR NETWORKS reserves the right to cancel this Service at any time.

  12. Edition of Content

    AR NETWORKS does not usually reviews, moderates or modifies the content of any list, however AR NETWORKS reserves the right to review or to eliminate any information published on any list, with or without warning, including the cancellation of a list, especially if AR NETWORKS decides that these Terms have not been respected.

  13. Modification of these terms

    AR NETWORKS reserves the right to modify these Terms at anytime in the future. Once a user accepts these Terms of Service, the user accepts all whichever updates are done in the future by AR NETWORKS.

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