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