Free Service Terms and Conditions

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:

1. Definitions

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 respoinsibility to inform yourself of such changes and to read all instructions that are posted.

2. Network Site and Cards Content

Webby Inc as My Postcards Network™ owner (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 from that site.

The site, on which the postcards will be hosted, must exist and be accessible to us at the time of application.

Network site will not be permitted to exist in password-protected areas.

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 your server or encounter any postcard 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

read more legal stuff here

4. Copyright Issues 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.

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 any material submitted to Webby, Inc retains the original copyright, the client designates Webby, Inc as an authorized user of the submitted material.

5. Service termination

Webby Inc reserves the right to discontinue service to any network site which in the opinion of Webby Inc contravenes the law or netiquette.

Webby Inc reserves the right to deny access to any network site using FREE service which traffic exceeds average of 300 cards sent daily over a period of 5 days.

Note: If your site is that popular you should consider upgrading to PRO service before you reach your limit.

This agreement may be terminated by:

1. The removal of the network site by its Owner after prior notification of intent to remove the site, or
2. Refusal of a network site's owner to correct a problem
3. Refusal of a network site's owner to follow these terms and condition

Updates

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 June 28th 1999.