Terms of use

1. ACCEPTANCE OF TERMS

Catholic Diocese of One Spirit provides a collection of online resources 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 Catholic Diocese of One Spirit services, you agree to abide by any applicable posted guidelines for all Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit in any way, your only recourse is to immediately discontinue use of Catholic Diocese of One Spirit.  Catholic Diocese of One Spirit 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. You can find the
most recent version of the TOU at:

http://www.onespiritcatholic.org

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
Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit site and Content available through the Service may contain links to other websites, which are completely
independent of Catholic Diocese of One Spirit.  Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit does not pre-screen or approve Content, but that Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit,
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 Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit is under no obligation to become involved. In the event that you have a dispute with one or more other
users, you hereby release Catholic Diocese of One Spirit, 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. If you are a California resident, you
waive California Civil Code Section 1542, which says: “A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor.” 

5.  NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify Catholic Diocese of One Spirit’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at abuse@onespiritcatholic.org

Please provide our Agent with the following Notice:

a) Identify the material on the Catholic Diocese of One Spirit site that you claim is
infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Catholic Diocese of One Spirit will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

7. CONDUCT

You agree not to email or communicate with any member any material, test, or photo or diagram:

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 ;

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
Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit sites which are not designated for such purposes; or emailed to Catholic Diocese of One Spirit 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 California
law. A partial list of prohibited items for sale and prohibited services
offered is provided at the following web address on the contact page.

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 Catholic Diocese of One Spirit;

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;

w) post the same item or service in more than one classified category or
forum, or in more than one metropolitan area;

x) attempt to gain unauthorized access to Catholic Diocese of One Spirit’s 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 Catholic Diocese of One Spirit website; or

y) use any form of automated device or computer program that enables the
submission of postings on Catholic Diocese of One Spirit 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.

z) use any form of automated device or computer program (“flagging tool”)
that enables the use of Catholic Diocese of One Spirit’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 Catholic Diocese of One Spirit’s resources, you may not use a Posting Agent to post Content to the Service without express permission or
license from Catholic Diocese of One Spirit.  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 Catholic Diocese of One Spirit.

9. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to
Catholic Diocese of One Spirit email addresses or through Catholic Diocese of One Spirit computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California.  Any unauthorized use of Catholic Diocese of One Spirit computer systems  is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code.  Such violations may subject the
sender and his or her agents to civil and criminal penalties.

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12. ACCESS TO THE SERVICE

Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit.

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.

Use of the Service beyond the scope of authorized access granted to you by
Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit.

13. TERMINATION OF SERVICE

You agree that Catholic Diocese of One Spirit, 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 Catholic Diocese of One Spirit believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of Catholic Diocese of One Spirit, 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. Catholic Diocese of One Spirit is a registered mark in the U.S. Patentand Trademark Office.

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16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Catholic Diocese of One Spirit BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Catholic Diocese of One Spirit  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY  ASPECT OF YOUR USE OF THE Catholic Diocese of One Spirit SITE OR THE SERVICE, WHETHER THE  DAMAGES ARISE FROM USE OR MISUSE OF THE Catholic Diocese of One Spirit SITE OR THE SERVICE, FROM INABILITY TO USE THE Catholic Diocese of One Spirit SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit SITE OR THE SERVICE OR ANY  LINKS ON THE Catholic Diocese of One Spirit SITE, AS WELL AS BY REASON OF ANY INFORMATION OR  ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Catholic Diocese of One Spirit SITE  OR THE SERVICE OR ANY LINKS ON THE Catholic Diocese of One Spirit 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 Catholic Diocese of One Spirit, 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.

18. GENERAL INFORMATION

The TOU constitute the entire agreement between you and Catholic Diocese of One Spirit and govern your use of the Service, superceding any prior agreements between you
and Catholic Diocese of One Spirit. The TOU and the relationship between you and Catholic Diocese of One Spirit shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Catholic Diocese of One Spirit agree to submit to the  personal and exclusive jurisdiction of the courts located within the county
of San Francisco, California. The failure of Catholic Diocese of One Spirit to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of  such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU to The Catholic Diocese of One Spirit.

Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for Catholic Diocese of One Spirit to pursue legal action to enforce these Terms, you will be liable to pay Catholic Diocese of One Spirit the following amounts as liquidated  damages, which you accept as reasonable estimates of Catholic Diocese of One Spirits’ damages for  the specified breaches of these Terms:

a. If you send a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person’s explicit consent, you agree to pay
Catholic Diocese of One Spirit one thousand dollars ($1,000) for each such message. 
This provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures.

b. If Catholic Diocese of One Spirit establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the Service, you
agree to pay Catholic Diocese of One Spirit one hundred dollars ($100) for each message sent in excess of such limits or for each day on which you access Catholic Diocese of One Spirit in  excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Catholic Diocese of One Spirit email
addresses or through Catholic Diocese of One Spirit computer systems, you agree to pay
Catholic Diocese of One Spirit twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described
above, you agree to pay Catholic Diocese of One Spirit one hundred dollars ($100) for each Item of Content posted.  In its sole discretion, Catholic Diocese of One Spirit may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree to
pay Catholic Diocese of One Spirit one hundred dollars ($100) for each and every Item you post in violation of the TOU.  A Posting Agent will also be deemed an agent of
the party engaging the Posting Agent to access the Service (the
“Principal”), and the Principal (by engaging the Posting Agent in
violation of the TOU) agrees to pay Catholic Diocese of One Spirit an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of
the Principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of these Terms without Catholic Diocese of One Spirit’s express written permission, you agree to pay Catholic Diocese of One Spirit three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Catholic Diocese of One Spirit’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other
provision of these Terms, Catholic Diocese of One Spirit retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary
or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in these Terms, or any combination thereof.
 

Last Updated 2/16/2010

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