PostADeadbeat.com - Terms
Terms and Conditions
Use of the site & PROHIBITIONS
PostaDeadbeat.com allows you to post information which will be visible online. However, you are prohibited to do the following acts, to wit: (a) use our site, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our site(s), services, or tools (b) posting of an item in and of an inappropriate category on our site and services; (c) collecting information about users’ personal information; (d) interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. The user understand and agree to use this site, including its tools and services, with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations.
Furthermore, in using this site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the desired process. You must be responsible for keeping your password secure, if applicable, and be responsible for all activities and all contents you post or upload. The PostaDeadbeat.com staff has all the discretion to cancel or deny postings. PostaDeadbeat.com is not responsible for any typographical, or other errors, whether causing consequential problems or otherwise.
You must not transmit any worms or viruses or any code of a destructive nature.
Legal Information as relating to "CDA", 47 U.S.C. § 230
Please read this information carefully before filing a lawsuit against PostaDeadbeat.com.
Occasionally, PostaDeadbeat.com receives notices from companies or individuals who feel that false or inaccurate information about them has been posted on this site. Sometimes we receive letters from attorneys with similar allegations. These people sometimes threaten to sue PostaDeadbeat.com for defamation and other claims unless the postings they do not like are removed.
If you are considering sending us a notice or demand (or if you have already done so), this page is intended to provide you with information that may help you to better understand the situation and your rights, as well as the rights of the people who post reports here. You need to understand that threats against PostaDeadbeat.com are not effective, nor will they result in the removal of any reports.
Our Policy is to never remove Postings.
From our inception, PostaDeadbeat.com policy has always been the same – we never remove postings. We will not remove postings even when they are claimed to contain defamatory statements and even if the original author requests it. Some people might criticize this policy as being unfair, but we deeply believe this policy is essential, fair, and infinitely better than the alternative – rampant censorship.
We have simple reasons for this policy. First, this site is most effective when all postings are maintained and preserved so that over time, patterns of who is a deadbeat will become clear. If we removed postings for any reason or after a certain period of time, this would provide searchers with less information to use when evaluating an individual or business.
For that reason, we will never agree to remove reports, even if someone can show that a report is probably inaccurate. By having this policy, we take leverage away from posters who threaten or pressure an individual to get them to retract a valid complaint. Even if this means that one or more questionable postings are left up, we think that removal of any posyings would ultimately make this site less credible and thus less effective as a tool for educating the general public. That's why we have this strict policy decision.
The Law You Need To Know - The Communications Decency Act
If you are considering suing PostaDeadbeat.com because of a report which you claim is defamatory, you should be aware of a federal law called the Communications Decency Act or "CDA", 47 U.S.C. § 230. Because this important law is not well known, we want to take a moment to explain the law, and to also explain that the filing of frivolous lawsuits can have serious consequences for those who file them, both parties and their attorneys.
The CDA is part of our federal laws. An excellent Wikipedia article discussing the history of the law can be found there.
In short, the CDA provides that when a user writes and posts material on an “interactive website” such as PostaDeadbeat.com, the site itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
Because the posts and reports on PostaDeadbeat.com are authored by users of the site, we cannot be legally regarded as the "publisher or speaker" of the post or reports contained here, and hence we are not liable for postings even if they contain false or inaccurate information. The same law applies to sites like FaceBook, MySpace, and CraigsList – users who post information on these sites are responsible for what they write, but the operators of the sites are not.
The CDA exists because websites cannot possibly monitor the accuracy of the huge volume of information which their users may choose to post. If an angry plaintiff were permitted to hold a website liable for information that the site did not create, this would stifle free speech as fewer and fewer sites would be willing to permit users to post anything at all. See generally Batzel v. Smith, 333 F.3d 1018, 1027-28 (9th Cir. 2003) (recognizing, "Making interactive computer services and their users liable for the speech of third parties would severely restrict the information available on the Internet. Section 230 [of the CDA] therefore sought to prevent lawsuits from shutting down websites and other services on the Internet.")
Here is why the CDA is important to you -- if someone posts false information about you on PostaDeadbeat.com, the CDA prohibits you from holding us liable for the statements which others have written. You can always sue the author if you want, but you can't sue PostaDeadbeat.com just because we provide a forum for speech.
But what if the original author asks us to remove a posting? Why doesn't PostaDeadbeat.com have to take a report down when the author or poster requests this?
There are many reasons why PostaDeadbeat.com does not remove reports even if the original author has asked us to do so. First of all, if someone contacts us and claims to be the author of a post, we have no way of knowing whether they really are the author.
Second, as a matter of policy, PostaDeadbeat.com does not want individuals to bully posters into asking us to remove their truthful reports. To prevent this, we simply will not agree to remove reports, ever, thus eliminating that incentive.
Third, every time a posting is submitted to us, the author must read and agree to the Terms and Conditions which this is part of, as posted by PostaDeadbeat.com. Since these statements are clear, our users should understand that by submitting a posting, they are creating a record which will remain indefinitely or til removed by the poster.
Removal of a posting. Just because PostaDeadbeat.com won't remove postings does not mean you have no options. You should contact the poster to settle the obligation. This is one of the major intent of PostaDeadbeat.com. The poster has the ability to remove your posting, so therefore he/she is the person you need to negotiate with.
Payments AND PROCESSES OF PAYMENTS
PostaDeadbeat.com has the sole discretion to provide the terms of payment. Unless otherwise agreed, any payment must be received by PostaDeadbeat.com prior to finalizing the action at hand or requested. Payments shall be made through the services of PayPal as provided.
All refunds shall be at the discretion of a staff member of PostaDeadbeat.com but such member promises to act in a fair and business-like manner.
Waiver of Claims
By using PostaDeadbeat.com, Poster hereby releases PostaDeadbeat.com, its staff, its parents, web designer, affiliates and subsidiary companies, its vendors, agents and employees from any claims, liability or causes of action related to or arising from the sale, posting, design of, submission or participation at Postadeadbeat.com.
Limitation of Liability
Using PostaDeadbeat.com and the service there-of does not give rise to any relationship between Postadeadbeat.com and the User or Poster. PostaDeadbeat.com neither warrants, nor represents the accuracy of information provided by the Poster or user of any kind in regards to information obtained either on the website or through Links, including, but not limited to, statements regarding product features, specifications, capabilities, condition or quantity available. Any dispute that arises in connection with the posting or sale of products, if any, through the Advertisers is solely between the Poster, Buyer and/or Seller. PostaDeadbeat.com or its staff will not mediate any dispute between Obligee and Obligor or Buyer and Seller, and cannot be held liable for any claim of loss, unattained benefit, damages or wrongdoing on behalf of said parties.
RISK OF LOSS
All items purchased, if any, from our website directly or indirectly are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon the delivery to the carrier.
Editing, Deleting and Modification
PostaDeadbeat.com may edit, amend, delete or modify any of the terms and conditions contained in this Agreement, and at any time and in its sole discretion post a new agreement on the site, without specific notice to you, the user. YOUR CONTINUED PARTICIPATION AND USE OF POSTADEADBEAT.COM, VISIT AND POSTING ON THE SITE FOLLOWING ANY REVISION OR CHANGE OF AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGES.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any rights, title, or interests in or to the website, except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create, or attempt to create, a substitute or similar service or product through use of, or access to, this website or proprietary information related thereto.
FRAUDULENT ACTIVITIES are monitored on our site and if fraud is detected, PostaDeadbeat.com and its staff shall resort to all remedies available, and you shall be responsible for all costs and legal fees arising from such fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
PostaDeadbeat.com or its staff members will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the website use, even if PostaDeadbeat.com has been advised of the possibility of such damages. PostaDeadbeat.com makes no express or implied warranties or representations with respect to use of the website or any offers on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, PostaDeadbeat.com or its staff makes no representation that the operation of the site will be uninterrupted or error-free, and PostaDeadbeat.com will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from PostaDeadbeat.com, our clients, advertisers and suppliers, other than what is intended within the scope of this website’s use. All information submitted by a user becomes proprietary information of PostaDeadbeat.com. Such information is confidential and may not be disclosed, other than to the degree intended within the website’s use. PostaDeadbeat.com agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the PostaDeadbeat.com to insist upon strict conformance to any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that PostaDeadbeat.com may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by any party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of the state of Kentucky, USA, without any reference to conflict-of-laws principles.
Any disputes, controversies or differences which may arise between the parties out of, in relation to, or in connection with this Agreement, shall be settled by arbitration whenever possible and if not successfully settled, it shall irrevocably be submitted to the exclusive jurisdiction of the courts of Kentucky, to the exclusion of any other courts without giving effect to its conflict of law provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied in this agreement and no other agreement relative hereto shall bind either party herein.
Your rights, of whatever nature, cannot be assigned nor transferred to anybody, and any attempt thereof may result in the termination of this Agreement, without liability to PostaDeadbeat.com. However, PostaDeadbeat.com may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.