Eric Postpischil's Policies and Legal Notices

Acceptable Use Policy

• If you are a real person (an individual writing socially and not in commercial, political, or other organized activity):
  • Please feel free to read my web pages and send me some email.
  • Most of the terms here are not aimed at you. I want individuals to feel welcome but had to add these legal terms to keep businesses and others at bay.
• If you are in the chocolate business or are a chocolate consumer:
  • You are welcome to send me email individual-to-individual.
• If you are acting for another business, are in any way engaged in commercial activity, or otherwise not covered above:
  • You are welcome to send me one brief individually addressed email message without charge. (Except, if you obtained my address under restrictions on how you may use it, this invitation does not apply.)
  • Potential employers are welcome to contact me about job possibilities.
  • Solicited email is welcome, of course. If I have requested a transaction with you, obviously you may contact me about it as necessary and reasonable, until I inform you otherwise.
  • For other use of my system, fees will be charged. I have made this policy because of increasing junk email. When you use my computer and computing resources by transmitting unsolicited commercial email, you will be billed at the rate of $125/hour, with a four-hour minimum.
• Legal notices should not be sent by email. See below.
• Email sent to this domain becomes the property of Eric Postpischil. I may copy and publish it freely except by prior agreement. If your organization appends a notice to your email asserting any restrictions on its use or distribution, that notice is void.

Copyrights and Archiving

• You may link to my web pages. (Please link to HTML pages, not to image pages.)
• All copyrights are reserved.
• Individuals may print my web pages for personal non-commercial use. If you would like to email a page to a friend, please send a link, not a copy of the page.
• An employer may print copies of and email my résumé within their company for use in hiring decisions.
• A teacher or student may use up to ten of my web pages (including the embedded images at their embedded sizes) or images (at their full sizes or smaller) in one course for not more than six months. Credit me (Eric Postpischil) and my web site and include a link either to the main page (http://edp.org) or one of my site's HTML pages (URL ending in ".htm" or ".html") that is relevant to the material you use. If many people might access the material (for example, you will post the material on a public web server that might receive a lot of traffic), then copy the images to your web server, rather than linking to them on my web server, but still include the credit link.
• My web pages may not be modified in any way other than the normal variations of rendering pages for display, printing, or other access by a user. In particular, my web pages may not be modified by censorship or screening software, including but not limited to truncation, omission of material, or substitution of material with indications of omission. Especially, my pages may not be modified by the modification or addition of links or the insertion of advertising.
• Robots serving indices such as Google and that are available to the public for free and that obey the robots.txt protocol may copy my web pages as needed for indexing but not for archival.
• All other permission to copy my web pages and Usenet postings is denied, especially to robots and archival operations.

Direct Marketing

• Telemarketers, do not call. All direct marketers, by phone, mail, or other means, and for products, services, or participation in any activity may be charged $500 per incident for use of my time and resources.

Electronic Notices and Signatures

• Electronic notices may be sent to me as a courtesy only. An electronic notice is not notice for legal purposes in the absence of my prior explicit consent to receive the particular notice electronically and evidence indicating that I specifically read it, including particularly the notice itself and not merely the email that contained it. Web site changes without proven notice to me or not in a format readable by my software do not constitute notice. Since electronic communications are not durable, originals, retransmissions, or paper copies must be available to me on request.
• Legal notices are not accepted by email due to reliability, security, and authentication issues. Notices must be sent by mail. The sender cannot rely on delivery of notice by email since email messages may fail to be transmitted through spam filters.
• The only electronic signature I currently approve as evidence of my execution is PGP. My public PGP key is here. Other peer-reviewed, open-source signatures will be considered.

Goods and Services

• All merchants warrant their goods and services shall be fit for the purposes sold and will, at my option, refund, replace, or repair defective products. This is regardless of any disclaimer by the merchant not expressly agreed to in writing by me. Such expression must be particularly affirmative of the disclaimer; I do not agree to disclaimers that merely are posted or printed as part of a form.
• I do not indemnify any party for anything.
• Software sold to me is subject to the terms of my Software Vendor License Agreement.

Implicit Agreements

• Agreements asserted as an implicit part of my actions intended for other purposes are denied. This includes, but is not limited to:
  • Fetching web pages does not constitute agreement to any terms.
  • Entering an airport or other location does not constitute consent to be searched.
  • Purchasing a product does not constitute agreement to any license.
• All "licenses" hidden inside packaging are denied. Sale of software to me is subject to terms of my Software Vendor License Agreement.
• I do not agree to any documents or terms that have not been actually presented to me, on paper that I can read at my leisure or in electronic form under my control (for copying, viewing at a size of my choice, printing, storage, and so on).

Notices

• Notices are deemed received when received. Duh. Lawyers that write clauses that say notices are deemed received when sent are jerks. More about notices is above under Electronic Notices.

Personal Information and Privacy

• I generally do not seek to collect personal information about my web visitors and receive personal information only when you specifically send it to me, as by sending email. You can figure I will handle your information as a real person and not as a business—I do not sell or rent information, and so on.
• All personal information collected from or about me is given for one specific purpose only and shall not be transmitted to other parties or used for other purposes without explicit permission. Only custody of this information is given to a merchant or similar party; ownership remains with me.
• All data generated by me, such as web page activity, is proprietary to me and is shared with web servers only for the instant purpose of communication and may not be aggregated, collected, sold, or otherwise used.

Terms Subject to Change

• All of my policies and notices are subject to change without notice.

Maintained by Eric Postpischil.