Terms and Conditions

Host Doggie TERMS OF USE

 

 

1. ACCEPTANCE OF TERMS

 

Host Doggie provides a collection of online resources, including classified

ads and various email services, (referred to hereafter as "the

Service") subject to the following Terms of Use ("TOU"). By using the Service

in any way, you are agreeing to comply with the TOU. In addition, when using

particular Host Doggie services, you agree to abide by any applicable posted

guidelines for all Host Doggie services, which may change from time to time. 

Should you object to any term or condition of the TOU, any guidelines,

or any subsequent modifications thereto or become dissatisfied with Host Doggie

in any way, your only recourse is to immediately discontinue use of Host Doggie. 

Host Doggie has the right, but is not obligated, to strictly enforce the TOU

through self-help, community moderation, active investigation, litigation and

prosecution.

 

 

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.

 

3. CONTENT

 

You understand that all postings, messages, text, files, images, photos,

video, 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

Host Doggie does not control, and is 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. Furthermore, the Host Doggie site and Content available through

the Service may contain links to other websites, which are completely

independent of Host Doggie.  Host Doggie makes no representation or warranty as

to the accuracy, completeness or authenticity of the information contained

in any such site.  Your linking to any other webites 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 Host Doggie 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 Host Doggie does not pre-screen or approve Content, but that Host Doggie

shall have the right (but not the obligation) in its sole discretion to

refuse, delete or move any Content that is available via the Service, for

violating the letter or spirit of the TOU or for any other reason.

 

 

4. THIRD PARTY CONTENT, SITES, AND SERVICES

 

The Host Doggie site 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 Host Doggie,

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 Host Doggie 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 Host Doggie is under no obligation to

become involved. In the event that you have a dispute with one or more other

users, you hereby release Host Doggie, 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.

 

 

6. PRIVACY AND INFORMATION DISCLOSURE

 

Host Doggie has established a Privacy Policy to explain to users how their

information is collected and used, which is located at the following web

address:

 

http://www.Host Doggie.com/privacy-policy

 

Your use of the Host Doggie website or the Service signifies acknowledgement of

and agreement to our Privacy Policy. You further acknowledge and agree that

Host Doggie may, in its sole discretion, preserve or disclose your Content,

as well as your information, such as email addresses, IP addresses, timestamps,

and other user information, if required to do so by law or in the good faith

belief that such preservation or disclosure is reasonably necessary to:

comply with legal process; enforce the TOU; respond to claims that any

Content violates the rights of third-parties; respond to claims that contact

information (e.g. phone number, street address) of a third-party has been

posted or transmitted without their consent or as a form of harassment;

protect the rights, property, or personal safety of Host Doggie, its users or

the general public.

 

 

7. CONDUCT

 

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;

 

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, a

Host Doggie employee, 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 Host Doggie sites which are not designated for such

purposes; or emailed to Host Doggie 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, including without

limitation items the sale of which is prohibited or regulated by New Jersey

law. A partial list of prohibited items for sale and prohibited services

offered is provided below for your convenience:   

 

  • Child pornography, obscene materials, offers or solicitation of illegal prostitution.
  • Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
  • Food stamps, vouchers, SNAP benefits, food, infant formula, etc received from governmental agencies or programs.
  • Fireworks, including "safe and sane" fireworks or any destructive devices or explosives.
  • Alcohol or tobacco products. Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
  • Prescription drugs and medical devices, including prescription or contact lenses, defibrillators, hypodermic needles or hearing aids. Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
  • Blood, bodily fluids or body parts.
  • Household pets of any kind including dogs, cats, primates, cage birds, rodents, reptiles, amphibians, fish. Re-homing with small adoption fee OK. Pet animal parts, blood, or fluids - including to stud/breeding service
  • Restricted or regulated plants and insects, including noxious weeds, endangered plant species, or live insects or pests.
  • Pesticides or hazardous substances, or items containing hazardous substances including contaminated toys, or art or craft material containing toxic substances without a warning label.
  • Illegal telecommunications equipment, including access cards, password sniffers, unloopers, or cable descramblers
  • Stolen property, or property with serial number removed or altered. Burglary tools, including lock-picks or motor vehicle master keys
  • False identification cards, items with police insignia, citizenship documents, or birth certificates.
  • Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them. Counterfeit, replica, or knock-off brand name goods. Material that infringes copyright, including software or other digital goods you are not authorized to sell, warez, bootlegs.
  • Tickets you are not allowed to sell, including airline tickets that restrict transfer. Coupons or gift cards that restrict transfer or which you are not authorized to sell. Lottery tickets, sports trading card 'grab bags', raffle tickets, sweepstakes entries, slot machines, other gambling items.
  • Used or rebuilt batteries, or batteries containing mercury.
  • Used bedding and clothing, unless sanitized in accordance with law.
  • Non-packaged food items or adulterated food.
  • Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information

 

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, or make unsolicited

contact with anyone for any commercial purpose;

 

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 Host Doggie;

 

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;

 

x) attempt to gain unauthorized access to Host Doggie 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 Host Doggie website; or

 

x) use any form of automated device or computer program that enables the

submission of postings on Host Doggie 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.

 

y) use any form of automated device or computer program ("flagging tool")

that enables the use of Host Doggie’s "flagging system" or other community

moderation systems without each flag being manually entered by the person

that initiates the flag (an "automated flagging device"), or use the

flagging tool to remove posts of competitors, or to remove posts without a

good faith belief that the post being flagged violates these TOU;

 

8. POSTING AGENTS

 

A "Posting Agent" is a third-party agent, service, or intermediary

that offers to post Content to the Service on behalf of others. To

moderate demands on Host Doggie’s resources, you may not use a Posting

Agent to post Content to the Service without express permission or

license from Host Doggie.  Correspondingly, Posting Agents are not

permitted to post Content on behalf of others, to cause Content to

be so posted, or otherwise access the Service to facilitate posting

Content on behalf of others, except with express permission or

license from Host Doggie.

 

 

9. NO SPAM POLICY

 

You understand and agree that sending unsolicited email advertisements to

Host Doggie email addresses or through Host Doggie computer systems, which is

expressly prohibited by these Terms, will use or cause to be used servers

located in New Jersey.  Any unauthorized use of Host Doggie computer systems

is a violation of these Terms and certain federal and state laws.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

 

 

10. PAID POSTINGS

 

We 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 TOU. All fees paid will be non-refundable in the

event that Content is removed from the Service for violating the TOU.

 

 

11. LIMITATIONS ON SERVICE

 

You acknowledge that Host Doggie 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 Host Doggie

has no responsibility or liability for the deletion or failure to store any

Content maintained or transmitted by the Service. You acknowledge that

Host Doggie reserves the right at any time to modify or discontinue the

Service (or any part thereof) with or without notice, and that Host Doggie

shall not be liable to you or to any third party for any modification,

suspension or discontinuance of the Service.

 

 

12. ACCESS TO THE SERVICE

 

Host Doggie 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 Host Doggie.

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 robots.txt file.

"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.

 

Host Doggie 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).  If the total number of such

postings displayed or linked to on your website exceeds one hundred (100)

postings, your use will be presumed to be in violation of the TOU,

absent express permission granted by Host Doggie to do so.  You may also

create a hyperlink to the home page of Host Doggie sites so long as the

link does not portray Host Doggie, its employees, or its affiliates in a

false, misleading, derogatory, or otherwise offensive matter.

 

Use of the Service beyond the scope of authorized access granted to you by

Host Doggie 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 Host Doggie.

 

 

13. TERMINATION OF SERVICE

 

You agree that Host Doggie, 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 Host Doggie believes that you have acted inconsistently with the letter or

spirit of the TOU. Further, you agree that Host Doggie 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 10-16 shall survive termination of the TOU.

 

 

14. 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 Host Doggie. You further agree not to reproduce,

duplicate or copy Content from the Service without the express written

consent of Host Doggie, 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 Host Doggie 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

Host Doggie 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 Host Doggie 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.

 

 

15. DISCLAIMER OF WARRANTIES

 

YOU AGREE THAT USE OF THE Host Doggie SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Host Doggie SITE AND THE SERVICE 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, Host Doggie DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Host Doggie SITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, Host Doggie DISCLAIMS ANY

WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Host Doggie SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Host Doggie SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, Host Doggie DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN

CONNECTION WITH THE Host Doggie 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.

 

 

16. LIMITATIONS OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL Host Doggie BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Host Doggie HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Host Doggie SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Host Doggie SITE OR THE SERVICE, FROM

INABILITY TO USE THE Host Doggie SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Host Doggie 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 Host Doggie SITE OR THE SERVICE OR ANY LINKS ON THE Host Doggie SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Host Doggie SITE

OR THE SERVICE OR ANY LINKS ON THE Host Doggie 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.

 

 

17. INDEMNITY

 

You agree to indemnify and hold Host Doggie, 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 TOU, your

breach of any of the representations and warranties herein, or your

violation of any rights of another.