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Privacy Statement

March 28th, 2010

PRIVACY STATEMENT and TERMS OF SERVICE (TOS)

COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are: Copyright © 2017 Fox Haven Journal, and/or its suppliers, c/o Fox Haven Journal  U.S.A. All rights reserved.

TRADEMARKS. Fox Haven Journal, photographs, products and services, phrases and slogans referenced herein are either trademarks or registered trademarks of Fox Haven Journal.

All other names, slogans and/or logos of actual companies, products or services mentioned  or provided herein are the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the administrator.

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Welcome to Fox Haven Journal! We are pleased that you’ve stopped by, and appreciate that you are taking the time to be aware of our policies.  We are building a web site that is both fun and educational, and contributes in our own way as a source of information via the global internet infrastructure.

And now to the fine print…  to keep things running smoothly, we all must agree to abide by the rules and operating procedures in their entirety.  We appreciate your courtesy and assistance in all matters. These rules will be enforced and violators may, at the sole discretion of Fox Haven Journal, be suspended or “Locked Out” of corresponding Services, where applicable, of the Community, as much as feasible.

When making Comments, you must not use offensive language or engage in personal attacks on members (or nonmembers), or the staff of Fox Haven Journal. Healthy arguments are normal, however personal attacks may subject you and the Fox Haven Journal staff to potential liability for defamation, contribute little to nothing to the free flow of information and ideas, and usually inhibit rational discussion and expression.  Fox Haven Journal is not limited in an way in deciding whether a particular message may be offensive to a particular member of Fox Haven Journal or in general.  Examples of potentially offensive messages include, but are not limited to, messages that denigrate, insult or ridicule another person, or that contain negative comments regarding the integrity, personality, honesty, character, intelligence, methods or motives of any other person.

In addition, you must respect the privacy of the members (and non-members) of the Fox Haven Journal community.  Please do not publish any private messages or other e-mail messages of another user without the permission of the sender (except if you believe one of these Rules or Regulations to be broken or violated, in which case you should forward your concern via the Contact Form.   Do not publish facts, rumors, innuendo or other personal real or imaginary information about another user or member of Fox Haven Journal.

Members and Users of Fox Haven Journal may not use profanity or sexually explicit language in the Fox Haven Journal Message Boards or other Community pages.  Although these terms are difficult to define by degree, the Fox Haven Journal and SysAdmin/SysOp Staff may use its sole discretion to make this Community comfortable for members who may be sensitive to profane or sexually explicit language.

You may not use the Fox Haven Journal Community or Fox Haven Journal Services to promote or facilitate illegal activities, as per the Terms and Conditions and Terms of Service below.  Planning, inciting, promoting or facilitating illegal activities through the Community or Service is strictly prohibited.

You may not post Copyrighted, Trademarked, or other proprietary material without the express permission of the owner or author as provided. Where permission is granted, all Copyright and Trademark notations, dates and citations should be so assigned.

Your upload or posting of any material constitutes certification by you to the Fox Haven Journal Staff and Owners/Officers, that the material does not make use of or infringe on any Copyright, Trademark, or other proprietary material of others.  The Fox Haven Journal Community and Service cannot review messages or material prior to posting in the Message section.  Because of that, any reproduction and/or publication, whether knowing or inadvertent, of Copyrighted, Trademarked, or other proprietary material may result in liability to the Fox Haven Journal Community or Service or User, and therefore cannot be tolerated or accepted.

It is important that the Fox Haven Journal Community remain useful and enjoyable to all members. Fox Haven Journal will therefore take all appropriate action, including a warning, suspension, or a termination of membership rights, if a member breaks these Rules and Regulations, or threatens the security or order of the Community.  Fox Haven Journal does not plan or intend to take any action, however Fox Haven Journal will do so if it is judged necessary.

Indemnification: Operation of this Community and/or Service carries inherent risks to the Community Staff, Owners and/or Operators because those personnel cannot control all aspects of the Community and/or Service at all times.  Accordingly, by joining and/or participating in the Fox Haven Journal Community and/or Servcices, you agree to indemnify the Community Staff, Owners and/or Operators for any damages, costs and expenses, including reasonable attorney fees, that accrue to the Community Staff, Owners and/or Operators as a result of or arising out of your activities on the Fox Haven Journal Community and/or Services, including, but not limited to, any claims for violation of any Copyright, Trademark, or protected or proprietary material, or any claim of defamation, slander, libel, disparagement, or the like.

Limitation of Liability: You are joining and participating in this community at your own risk.  The Fox Haven Journal Community Staff or Service Operators shall not be liable for any damages or losses which result to you from your use of or participation in this Community or Service.

In participating in this Community, you agree that any disputes between you and the Community will be governed by the law of the State of Washington for all disputes arising out of or related to your use of and/or membership or participation in the Community.  Any and all actions and proceedings relating to this Community or activities on this Community shall take place in courts located in the State of Washington.

The Fox Haven Journal Community and/or Service makes no warranty,  express or implied, that access to the community will be available at any particular time; that operation of the community will be uninterrupted or error-free; or that any particular result or information will be obtained.  Membership in the community is offered on an “AS IS” basis without warranties of any kind, other than warranties which are incapable of exclusion, waiver or restriction under the law applicable hereto.

The operating rules and procedures of this Community and/or Service as described herein constitute the entire agreement between you and the Fox Haven Journal Community and/or Service.  The operating rules and procedures of the Community and/or Service may change from time to time and such changes will be posted in this announcement/ document.  Only the Fox Haven Journal Community Staff, Owners or Operators can change a rule of policy of this Community and/or Service.

If any of the attached Rules and Regulations, Terms and Conditions, Terms of Service or Privacy Statement relating to rules, promises, conditions or agreements described here are held to be void, invalid, or unenforceable, it shall not affect the enforceability, effectiveness or validity of any of the other rules, promises, conditions or agreements.

I. FOX HAVEN JOURNAL PRIVACY STATEMENT                                                         

The following privacy statement applies specifically to present Services offered at the Fox Haven Journal Community, such as e-mail and message board use. Questions regarding this statement should be directed to the Contact Form.

Fox Haven Journal is wholly committed to the free and private use of the internet for personal use.  The internet is evolving in myriad ways so that privacy issues are continuously brought forward with the use of new technology.  People from all over the world are conducting commerce, communicating and sharing information and services to other people and organizations they have never met and/or do not know. For this reason, internet users must maintain a personal sense of vigilance and awareness regarding the services and technologies they are using, to the best of their ability.  It is very important to Fox Haven Journal, in providing a place to exchange information and ideas, to help its users and potential future customers to retain their privacy during use of the Service and the internet.  Fox Haven Journal plans to become a member of TRUSTe, an independent, non-profit initiative that exists to help people to learn and feel confident about using the internet for many daily purposes, including communication and commerce.  TRUSTe aims to build this confidence by promoting the principles of disclosure and fair information practices among the Web sites that participate in the program. This means that we are committed to protecting your privacy and developing Services and technology that allows you to have a positive online experience as much as possible.

TRUSTe Certification

Fox Haven Journal is not, as yet, a member of the TRUSTe privacy program. TRUSTe is an independent, non-profit initiative whose mission is to build users’ trust and confidence in the Internet by promoting TRUSTe’s principles of fair information practices.  Fox Haven Journal desires to become a member of the TRUSTe privacy program as soon as feasible in accordance with TRUSTe privacy guidelines and policies.

Fox Haven Journal Privacy Principles

Because your privacy is important to us, Fox Haven Journal has developed the following principles:

Principle 1.
Fox Haven Journal, and partner companies providing services, shall ask when personally identifying information about you is required for any purpose.  This shall usually take place during initial registration for any specific Service under the usual title of “Profile Information”. Fox Haven Journal may ask for your email address when posting comments, and a designated user name.

Principle 2.
Your Initial Profile Information is used only for demographic statistics and to display appropriate individualized advertisements. Fox Haven Journal, and partner companies providing services, will maintain all of your Profile Information private and will not share that information with any third parties without your express consent. Fox Haven Journal will not disclose your Profile Information unless acting under a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Fox Haven Journal Service; (3) enforce the Fox Haven Journal Terms of Service; or (4) act to protect the interests of its members or others.

Principle 3.
Fox Haven Journal will not send you any unsolicited information, including e-mail, except as mentioned below, or as required by changes and updates to the TOS. New users may receive an Fox Haven Journal welcome letter explaining the features provided by the service. Under any exigent circumstances, Fox Haven Journal may be required to send you information about the service or your account, but Fox Haven Journal will not send you unsolicited e-mail regarding any commercial offers or advertisements at any time.

Principle 4.
If at any time you believe that Fox Haven Journal has not adhered to these principles or other related privacy guidelines, please notify us via the Contact Form and we will use all commercially reasonable efforts to promptly determine and correct or improve the problem.  If you have questions about this policy, please contact us as soon as possible.

For more information about our privacy statement, see the following Frequently Asked Questions (FAQs).

Frequently Asked Questions

What makes TRUSTe so important?

TRUSTe is an independent organization whose mission is to build users’ trust and confidence on the Internet. Businesses that display the TRUSTe logo have agreed to privacy principles developed by TRUSTe and to periodic reviews to make sure that the businesses’ privacy practices are in keeping with the policies. In the event TRUSTe learns of serious violations of a businesses’ privacy practices, TRUSTe takes steps to insure compliance. Fox Haven Journal strongly believes in the TRUSTe mission and plans to become a member of the organization.

Does Fox Haven Journal belong to any other privacy organizations?

Fox Haven Journal does not at present belong to any other privacy organizations. Fox Haven Journal does plan to research and keep pace with understanding the latest guidelines, technologies and information related to internet privacy issues in order to provide the best services possible to its users in the future.

What are Cookies and how might they be used?

Cookies can make the Web more useful by storing information about your, or another computer users preferences on a particular website. Cookies are pieces of data or information that a Web site transfers to your computer’s hard disk for record-keeping purposes. The use of cookies is an accepted standard within the computer and internet industries, and many major Web sites use them to provide useful features for their customers. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer and may identify specific pages or locations of web sites that are “browsed” by the user.  Cookies may also be used effectively to “store data” by online shopping merchants in order to identify the user or computer when that user returns to the shopping site for future transactions. Most browsers are initially set up to accept cookies. If you’d prefer, you can set yours to refuse cookies. However, you may not be able to take full advantage of a Web site if you do so.  It should also be remembered that cookies can be deleted by the user on most computers by personally deleting the cookies from appropriate system files.  This does not permanently change any information about the user or computer, and the cookie will usually be re-installed or received by the user’s computer when that user connects with the web site again. Many internet users routinely delete or clear cookies on a periodic basis.

Does Fox Haven Journal collect other forms of information about its users?

In addition to the use of Profile Information to operate the site, Fox Haven Journal may also gather anonymous information, which may be used by Fox Haven Journal or shared with present or future advertisers. This is information which does not personally or specifically identify you, but which may be helpful for marketing purposes or for improving the services offered to the consumer. Generally, this information is collected through “traffic data” and related statistics, and may entail the use of “Cookies”, “IP addresses” or other numeric codes used to identify a computer.  Fox Haven Journal does not at present, and has no future intention to identify specific users computers, software or software products or other personally identifiable information.

What are some considerations regarding Children and use of the internet?

Safeguarding the Profile Information of children is extremely an important issue. It is Fox Haven Journal’s intention to collect only the minimum amount of Profile Information necessary to operate any Services. A child’s Profile Information will be used for operation of the service, but it will never be used for uses related to service’s not necessary to its operation (a “Secondary Use”). Please remember Fox Haven Journal’s specific policies regarding use of the Service for persons aged 18 and older.  Those under age 18 must have specific parental or supervisory consent to use the Service.

There are a number of emerging standards in the area of children’s privacy that may affect how web and content service providers process a child’s Profile Information in the future. Through future participation in non-profit or other privacy organizations such as TRUSTe, Fox Haven Journal intends tp keep abreast of these changes as much as possible, and will redesign its systems and/or services so as to comply with any future guidelines or requirements.

How do I correct or change Profile Information that I have initially provided to Fox Haven Journal?

You may update your Profile information at any time from within your Fox Haven Journal e-mail account.  If you believe your information is not accurately updated within a reasonable period of time, please forward your concerns to the administrator.

Is my Profile or personal Information secure from others using e-mail Services?

Any profile Information collected by Fox Haven Journal, or partner companies providing services, during services registration is stored in secure operating environments that are not available to the general public.

How else might someone learn of my personal or Profile Information while visiting another site?

In addition to directly providing information to Fox Haven Journal via the “Feedback” page or other services, you might also provide personal or Profile Information through chat sessions, e-mail exchanges or bulletin board use made available to you on the Fox Haven Journal or other sites. Chat sessions and bulletin board or newsgroup use is considered public and you are responsible for your actions in these areas. The Fox Haven Journal Privacy Statement does not cover this type of transfer of your personal or Profile Information. You should always be alert and careful when distributing any personal or Profile Information in this manner.

Does Fox Haven Journal provide any kind of Directory of Users or share that information in another site or publication?

Fox Haven Journal does not presently compile a list of users to formulate a Directory of any kind to be shared with other users or the general public.

II. TERMS OF SERVICE (TOS) and CONDITIONS                                                   

The following are the Terms and Conditions, Terms of Service, and Privacy Statement for use of the Fox Haven Journal web site, future use of Fox Haven Journal e-mail and including other services which may be offered from time to time by Fox Haven Journal (each feature individually and collectively referred to as the “Service”). Please read these Terms carefully. This Service is provided to individuals who are at least 18 years old or minors who have specific parental permission to use, open and/or maintain an account.  BY USING ANY FEATURES ON THE FOX HAVEN JOURNAL WEBSITE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND TERMS OF SERVICE (“TOS”).

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

1. E-MAIL, MEMBER ACCOUNTS, PASSWORDS, AND SECURITY

If offered in the future, in order to open an Fox Haven Journal user account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form.

USER’S REGISTRATION OBLIGATIONS

In accordance with Partner and/or Service Provider guidelines, and U.S. Federal Law, User’s must be at least thirteen (13) years old to register for any Services. For a user under the age of 13 to register for e-mail, or other service, the user’s parent or legal guardian must provide proof of consent (ie: a signed form sent by postal mail or fax, a verified credit card number, a phone call to a trained professional, or an e-mail with a digital signature, password or pin number) to Fox Haven Journal and Partner Services.

During registration you will choose a password and a user account or login name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify Fox Haven Journal immediately of any unauthorized use of your account or any other breach of security.

2. MEMBER PRIVACY

It is Fox Haven Journal’s policy to respect the privacy of its members. Fox Haven Journal will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Fox Haven Journal has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Fox Haven Journal; (3) enforce the TOS; or (4) act to protect the interests of its members or others. Fox Haven Journal does not presently provide any user information to third parties.  Fox Haven Journal may in the future provide certain non-identifying user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address may be transmitted with each Fox Haven Journal e-mail message sent from your account. For more information, see the Fox Haven Journal Privacy Statement. Some personal information you provide to Fox Haven Journal may be stored outside of the country in which you reside.

If you establish a user account, you agree that Fox Haven Journal may access your account, including its contents, as stated above or to respond to service or technical issues.

4. CONDUCT OF USERS AND MEMBERS

As a condition of your use of any features of the Fox Haven Journal Service, you warrant to Fox Haven Journal that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

The Service is provided to individuals only and for personal use only. You agree to use the Fox Haven Journal Service only to send and receive personal messages, post messages, quotes or other information. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

  • Use the Fox Haven Journal Service in connection with surveys, polls, contests, pyramid or “Ponzi” schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Post, Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, illegal or unlawful material or information.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Service, or related services.
  • Gather data, harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Market, advertise or offer to sell or buy any goods or services for any non-personal purpose.
  • Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
  • Intentionally forward, transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
  • Attempt to gain unauthorized access to the Fox Haven Journal Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  • Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • Interfere with or disrupt any network(s) connected to the Service or violate the regulations, policies or procedures of such networks, web hosting services or related parties.
  • Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
  • Interfere with another member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.

Fox Haven Journal has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, Fox Haven Journal reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

5. LINKS TO THIRD PARTY SITES

THE LINKS INCLUDED WITHIN THE FOX HAVEN JOURNAL SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF FOX HAVEN JOURNAL AND FOX HAVEN JOURNAL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FOX HAVEN JOURNAL IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. FOX HAVEN JOURNAL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY FOX HAVEN JOURNAL OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS. YOU MAY NOT LINK TO THE FOX HAVEN JOURNAL SITE FROM ANY SITE USED FOR DEFAMATORY, ILLEGAL, UNLAWFUL, OR PORNOGRAPHIC PURPOSES.

6. DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Fox Haven Journal Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Fox Haven Journal and/or its respective suppliers or business partners may make improvements and/or changes to or in the Service at any time.

Fox Haven Journal does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server(s) that make(s) it available, are free of viruses or other harmful components. Fox Haven Journal does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that Fox Haven Journal is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Fox Haven Journal shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Fox Haven Journal is not responsible for any content sent using and/or included in the Service by any third party.

THE FOX HAVEN JOURNAL SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FOX HAVEN JOURNAL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOX HAVEN JOURNAL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE.

IN NO EVENT SHALL FOX HAVEN JOURNAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOX HAVEN JOURNAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES. BY USING THE FOX HAVEN JOURNAL SERVICE, YOU ARE ATTESTING TO THE UNDERSTANDING THAT THE USE OF THE FOX HAVEN JOURNAL SITE AND ASSOCIATED SERVICES IS ABSOLUTELY VOLUNTARY.

7. INDEMNIFICATION

You agree to indemnify and hold Fox Haven Journal, any present or future owners, officers and employees, any future parents, subsidiaries or affiliates, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

8. TERMINATION

Fox Haven Journal may, at the Services’ sole discretion, terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

With regard to potential future e-mail Services, Fox Haven Journal may also terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by Fox Haven Journal. The amount of time that Fox Haven Journal currently views as an “extended” period of time is a first log-on to e-mail 10 days or later after registration and after an initial e-mail log-on, 90 days since your last e-mail log-on. Upon termination of the Service, your right to use the Service immediately ceases and you will have to re-register.

If you wish to terminate an e-mail account, your only recourse is to discontinue the use of the Service.

Fox Haven Journal shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

9. NO SPAM; DAMAGES

Fox Haven Journal maintains a strict “anti-spamming” policy. Fox Haven Journal will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Fox Haven Journal liquidated damages of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account.  Otherwise, you agree to pay Fox Haven Journal’s actual damages, to the extent such actual damages can be reasonably calculated.

10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Fox Haven Journal Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Fox Haven Journal shall not be responsible or liable for any part of any such dealings or promotions.

11. PROPRIETARY RIGHTS TO CONTENT PROVIDED

The Fox Haven Journal site is copy protected, and nothing may be used for commercial purposes without permission.  Fox Haven Journal may offer many unrelated sources of content and media. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Fox Haven Journal, or Fox Haven Journal’s Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

12. POLICIES REGARDING MODIFICATIONS TO TERMS OF SERVICE

Fox Haven Journal reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. Fox Haven Journal shall provide an updated link or e-mail to alert users of the Service that changes to the TOS have taken place. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

13. GENERAL

This agreement is presently governed by the laws of the State of Missouri, and the United States of America. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fox Haven Journal as a result of this agreement or use of the Service. Fox Haven Journal’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fox Haven Journal’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Fox Haven Journal with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fox Haven Journal with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fox Haven Journal with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Fox Haven Journal agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

14. LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

If you have read and agree to the terms of the foregoing and aforementioned Rules and Regulations and operating procedures, and the Terms and Conditions, Terms of Service and Privacy Statement, you may use the Fox Haven Journal Community and Services.

© 2017 Fox Haven Journal™. All rights reserved.

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