Service Terms and Conditions
"Where in the contract does it say I should read the instructions?" HERE!!!
These rules are not negotiable, however, we will consider your input in future updates. Completion of the application form is the proof that you have read and agree with these rules:
These Network Terms and Conditions of Service apply to websites which use free or commercial (PRO) directly and remotely hosted postcard services provided by My Postcards Network™ - hereafter "network sites".
These Network Terms and Conditions of Service do not cover all aspects of the functioning of websites which use our end-user postcard software on their own servers (e.g. My Postcards Platinum and My Postcarsd Gold).
These Network Terms and Conditions of Service may require minor amendedments and updates from time to time as new services and software become available. As a user of our network sites you agree that it is your responsibility to inform yourself of such changes and to read all instructions that are posted.
2. Network Site and Cards Content
Webby Inc as the owner of the My Postcards Network™ (read full legal notice) is not responsible for the contents of any network site and the views or opinions shown on that site and most definitely not responsible for the contents or frequency of any cards sent via that site.
The site, on which you will host postcards, must exist and be accessible to us at the time of application.
3. Limited Liability
Webby Inc does not guarantee access to our or your server at all times from all parts of the world, nor do we accept responsibility for any loss, damages or inconveniences incurred if users of the network site are unable to connect to our or to your server or encounter any postcard delivery problems for whatever reason.
The software and servers have been thoroughly tested and work fine, however we can not and will not assume responsibility for any and all interconnections between card site users, card senders, card recipients and the equipment or set-up on the card recipients server or receiving equipment, the accuracy of any address used by any card sender, or the HTML skills of any user of our software.
The Owner of a network site (you) agrees to indemnify and hold Webby Inc harmless from any loss, liability, claim, damage or expenses including attorney fees arising from or in connection with the contents or usage of the postcards service
4. Copyright Issues Are Important!
All image, sound, multimedia animation files, Java applets, poems and texts (including source code of client-side programs) shown on a network site may be used only with permission of the owner of the copyright on those images, sounds, multimedia animation files, Java applets, poems and texts and programs.
In plain English: websites with miscellaneous stolen clipart are not welcome here!!! Please remember: The burden of proof of ownership is on you. Don't copy without permission.
You, the applicant for postcard service, hereby authorize and request that if you, in the case of a copyright infringement complaint can not prove the right to display the material under dispute and can not remove such material from your site in a timely manner (possibly because you are on holidays, or your computer is broken) that our service to that network site shall be discontinued to protect you and anyone else from further copyright infringement problems. If this discontinuation has to be performed for a commercial network service (PRO) any unused prepaid amount shall be considered as payment for that emergency service discontinuation work.
Webby, Inc will not use the contents of any client site except for promotion on behalf of that client. (Example: Thumbnails for the search engines or the Top20 or other showcases) The client hereby agrees that while they retain the original copyright, for any material submitted to Webby, Inc , the client designates Webby, Inc as an authorized user of the submitted material.
5. Service terminationWebby Inc reserves the right to discontinue service to any network site which in the opinion of Webby Inc contravenes the law or netiquette.
AOLers take note:
Sending a help request to tech support and bouncing the tech's reply is the most serious breach of netiquette, and results in instant termination of your account.
Webby Inc reserves the right to deny access to any network site using PRO service from which 5000 or more cards are sent in 5 day period.
Note: If your site is that popular you should upgrade to a Platinum).
This agreement may be terminated by:
- The removal of the network site by its Owner after prior notification of intent to remove the site, or
- Refusal of a network site's owner to correct a problem
- Refusal of a network site's owner to follow these terms and condition
- Refusal of a network site's owner using commercial (PRO) service to pay renewal fees by the due date
6. Commercial service renewals
This agreement will carry over for renewals and by paying for the next renewal period the user agrees to check the terms and conditions for amendments and additions and to abide by the terms and conditions as they are set out at the time of renewal.
Unless canceled in writing prior to the renewal date the client will receive an invoice for charges and payment is due upon receipt.
By default we do not apply any automatic renewal credit card charging and do not store you credit card info for re-billing purposes.
You can apply for automatic billing by indicating that in the comment field on the secure payment page
My Postcards Network™ reserves the right to update or change these Terms and Conditions at any time and without notice.
These rules had been last updated on Mar 28th 2004.
Please Confirm to Continue
I Agree To These Terms