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Terms of Use

Modified as of March 2009

U.S. copyright law has been distorted beyond usefulness by the U.S. Congress at the behest of the entertainment "industry", but we still have to obey the law. This is a contract between you and Damian Yerrick. In using this site, you agree to the following terms:

Definitions

  • "Site" refers to any or all of pineight.com, pinocchio.jk0.org, and any other Internet domain controlled by Damian Yerrick.
  • "Staff" refers to Damian Yerrick and any other operator of Pin Eight.com, jointly or severally.
  • "Such as" means "including but not limited to".

Privacy Policy

  1. Staff stores and uses information provided through contact forms on this site. For example, Staff uses e-mail addresses when replying to a message. Staff does not share this information with any third party without the consent of the person who provided the information. Children under the age of 18 should not provide a last name or street address.
  2. Staff maintains usage log files which may collect Internet Protocol (IP) addresses from users for uses such as determining what countries our visitors are from, what internet service providers they use, and what web pages are most popular. This information does not personally identify you. However, it may identify the directory, search engine, or other web site that led you to this site.
  3. Many pages on the Site contain links to other websites. These third-party websites may have privacy policies different from our own. Users should check with each site for its specific privacy policy before submitting personal information.
  4. The Site uses third-party advertising companies to serve ads to visitors. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. To learn how this works and to know your choices about not having this information used by these companies, visit Google's advertising privacy policy.

Disclaimer of Warranty

Everything you see is AS IS. Except as expressed otherwise, the information made available through the Site comes with absolutely no warranty, and any implied warranties, such as those of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed to the fullest extent permissible. You may not hold Staff liable for any damages related to the content of the Site, such as special, incidental, or consequential damages.

Before considering bringing legal action against Staff on any grounds such as governmented-granted monopolies such as copyright, patent, or trademark law, you must consider whether you have a valid case. You agree to the common law principle of "jury nullification," which specifies that a jury may refuse to convict on a statute that it finds unjust. In addition, remember that barratry is a crime in all 50 states.

Spam Policy

As sending unsolicited bulk email across state lines is a crime in the United States under the CAN-SPAM Act, you agree not to spam Staff in any medium. Specifically:

  1. You will not send any unsolicited bulk messages ("spam") to any e-mail address mentioned in documents available through the Site or related information as defined above, and you will not pass on any e-mail address extracted from the document or related information to entities that might violate these terms.
  2. Messages unreadable by Staff (such as messages not in English and messages without a meaningful text/plain segment) are considered unsolicited.
  3. Furthermore, you agree that if you violate these terms, you will pay a $1,000.00 fee for reading and responding appropriately to every recipient of your unsolicited message. This fee automatically increases by $20 per started kilobyte contained in your unsolicited message to reimburse the recipient for network traffic cost.
  4. Concealing your identity (e.g. through using a fake email address) increases the fee by $1,000.00 to compensate for the effort to track down the sender.
  5. If you made any money by violating these terms (such as by selling a list of email addresses containing any address obtained in violation of this contract), the fee is increased by $10,000.00 or ten (10) times the amount of money you made, whichever is greater.
  6. You will carry all further consequences that may emerge from your violation of the terms of service, such as any possible lawsuit from the recipient's internet service provider.
  7. In the event that any suit or action is instituted to enforce any provision in this contract, the recipient of the unsolicited email shall be entitled to all costs and expenses of maintaining such suit or action, such as reasonable attorney's fees.
  8. The abuse of the recipient's mail server constitutes gaining unauthorized access to computers as well as theft of service, and may be brought to the attention of any related authorities regardless of any fee you paid.
  9. [payability notice]

Copyright and Linking Policy

It appears that the laws of some countries (specifically Japan) do not recognize fair use as broadly as the United States copyright law does, and one needs permission to link to some other web sites. So for the avoidance of doubt, you are free to review the site, link to any HTML page on the Site ("Link Free"), and make any fair use or other use permitted by applicable law.

credits: spam contract by bero; privacy policy by Josh Kearney

Sections

2000–2012 Damian Yerrick. Some rights reserved: except where otherwise indicated, this site is free content, licensed under your choice of Creative Commons Attribution-ShareAlike 2.5 or GNU Free Documentation License 1.2. Terms apply.