Privacy Policy and Terms of Use

Submitted by Norm Roulet on April 22, 2006 - 9:05pm.

Privacy Policy and Terms of Use

This website and accompanying databases are developed and/or maintained by Norm Roulet and Seven Generation Planning [collectively, “7GEN”].  

By viewing this website and/or submitting any information including but not limited to: personally identifiable information, images, software, code, audio, video or writing on this website, [collectively, “your Postings”] you agree to this Privacy Policy and Terms of Use.  

If you do not wish to grant 7GEN the rights contained in this Privacy Policy and Terms of Use, do not submit your Postings to this website, and do not view this website.   If you are under the age of 18, do not submit your Postings to this website or view this website without the permission of your parent / or guardian.

I. License

You own your information, and maintain a copyright in all your Postings on this site.

II. Revocation

You may remove your content at any time by selecting them and deleting or by deleting your account.

III. Reservation

7GEN reserves the right to disclose your personally identifiable information as required by law and/or to comply with a judicial proceeding, court order, or legal process.

IV. Reproduction

Other than your Postings, no material from this site may be used for any purpose without 7GEN’s express written authorization, with two exceptions: 1.) You may post an image as a link to this site.  2.) You may reproduce an image and/or a reasonably short quotation from this site for use in a personal webpage, academic work, or journalistic article.

V. Editing of Content

7GEN reserves the right to select, edit and arrange submissions and to remove information from the 7GEN website at any time at its sole discretion.  However, the fact that particular comments remain on the site in no way constitutes an endorsement of those comments by 7GEN.

VI. Hold Harmless

Content posted by users may contain inaccurate, inappropriate or offensive material.  7GEN and its subsidiaries, affiliates, officers, agents, co-branders or other partners, employees and independent contractors [collectively “Related Entities”] assumes no liability for such content.  You agree to release and hold harmless 7GEN and its Related Entities for any and all claims, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) directly or indirectly related to or arising from any information on this website.

Under no circumstances shall 7GEN and its Related Entities be responsible for
any loss or damage, including personal injury or death, resulting from use of this website or from any content on the website or transmitted to you, or any interactions between users of this website, whether online or offline.

This website and any related services are provided "AS-IS" and 7GEN and its Related Entities expressly disclaim any warranty of fitness for a particular purpose or non-infringement.  7GEN cannot guarantee and does not promise any specific results from use of the website and/or the service.

VII. Indemnification

You agree to indemnify and hold harmless 7GEN and its Related Entities from any and all claims, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) incurred by 7GEN and its Related Entities as a result of any claim, judgment, or adjudication against 7GEN related to or arising from (a) any of your Postings, (b) a claim that 7GEN’s or its Related Entities’ use of your Postings infringes the rights of a third party.

VIII. Limitation on Liability

IN NO EVENT SHALL 7GEN AND ITS RELATED ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF 7GEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF REALNEO AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO 7GEN FOR YOUR USE OF THIS WEBSITE.

IX. Entire Agreement

This Privacy Policy and Terms of Use sets forth the entire agreement between you and 7GEN.  No other agreements, representations, or warranties have been made.

X. Modifications

Changes to this agreement.  7GEN reserves the right to change the terms of its Privacy Policy and Terms of Use without advance notice.  Such changes shall be effective upon posting by 7GEN upon this website.  You agree to be bound by any such changes.

XI. Choice of Law

This Privacy Policy and Terms of Use shall be governed by and construed and
enforced in accordance with the laws of the State of Ohio without application of the conflict of laws principles thereof.

XII. Successors

This Privacy Policy and Terms of Use shall be binding on and inure to the benefit of and be enforceable by the parties to it and their respective successors.

Last revised: Independence Day, July 04, 2006

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While this is our current

While this is our current Privacy Policy and Terms of Use, we plan for it to grow and evolve just like RealNEO.  We welcome comments and about the policy from RealNeo users.  Is there something you'd like changed in the policy?  Something you would like to see added? Let us know!

More about terms of use... your thoughts?

Thanks for preparing these Lawrence... for those who don't know, Lawrence is an attorney working with us on making sure we are using global best practices and the latest insight in protecting users' intellectual property. The most important line in the terms of use is that "You own your information, and maintain a copyright in all your Postings on this site."

Please do read through these terms and then post any feedback - Lawrence will appreciate the help and any concerns will be addressed. Through this process, REALNEO will become very informative on IP issues and rights, building insight we all need these days. Your thoughts?

Congress and the Internet

    While we are refining our own privacy policy and terms of use, we should also be considering our "use", period.  If AT &T and Verizon and Comcast are going to be given control over our use and the game becomes "pay to play" in a whole new way, this will be bigtime bad news. Check out http://www.tpmcafe.com/node/29086.

Internet will remain as free as people

There are many reasons to be concerned about US government policy toward internet access - we are lagging behind other developed countries in % and rate of connectedness. Like with everything else that has happened in Washington the past 6 years, we will need to restructure telecommunications policy after Bush is out of office - I'm confident that between new leadership and new technology we will keep the Internet free and open to the public in America and eventually Americans will catch up with peers in the developed world. Fortunately, new global wireless technology and expansive communications infrastructure, evolving networking protocols and computing standards and free and open-source software have placed all information technology beyond the grip of regulators, and the global economy has rendered USA a participant rather than leader of the information revolution. So, don't worry about AT &T and Verizon and Comcast any more than usual.

How would the gutting of Network Neutrality affect you?

After further reading, perhaps we do have much to fear about this issue right now... from a site titled "Save the Internet: The Treat is Real"...:

How would the gutting of Network Neutrality affect you?

  • Google users—Another search engine could pay dominant Internet providers like AT&T to guarantee the competing search engine opens faster than Google on your computer.
  • Innovators with the “next big idea”—Startups and entrepreneurs will be muscled out of the marketplace by big corporations that pay Internet providers for dominant placing on the Web. The little guy will be left in the “slow lane” with inferior Internet service, unable to compete.
  • Ipod listeners—A company like Comcast could slow access to iTunes, steering you to a higher-priced music service that it owned.
  • Political groups—Political organizing could be slowed by a handful of dominant Internet providers who ask advocacy groups to pay “protection money” for their websites and online features to work correctly.
  • Nonprofits—A charity’s website could open at snail-speed, and online contributions could grind to a halt, if nonprofits can’t pay dominant Internet providers for access to “the fast lane” of Internet service.
  • Online purchasers—Companies could pay Internet providers to guarantee their online sales process faster than competitors with lower prices—distorting your choice as a consumer.
  • Small businesses and tele-commuters—When Internet companies like AT&T favor their own services, you won’t be able to choose more affordable providers for online video, teleconferencing, Internet phone calls, and software that connects your home computer to your office.
  • Parents and retirees—Your choices as a consumer could be controlled by your Internet provider, steering you to their preferred services for online banking, health care information, sending photos, planning vacations, etc.
  • Bloggers—Costs will skyrocket to post and share video and audio clips—silencing citizen journalists and putting more power in the hands of a few corporate-owned media outlets.

Blocking Innovation

Corporate control of the Web would reduce your choices and stifle the spread of innovative and independent ideas that we’ve come to expect online. It would throw the digital revolution into reverse. Internet gatekeepers are already discriminating against Web sites and services they don’t like:

  • In 2004, North Carolina ISP Madison River blocked their DSL customers from using any rival Web-based phone service.
  • In 2005, Canada’s telephone giant Telus blocked customers from visiting a Web site sympathetic to the Telecommunications Workers Union during a contentious labor dispute.
  • Shaw, a major Canadian cable TV company, is charging an extra $10 a month to subscribers who want to use a competing Internet telephone service.
  • In April, Time Warner’s AOL blocked all emails that mentioned www.dearaol.com — an advocacy campaign opposing the company’s pay-to-send e-mail scheme.

This is just the beginning. Cable and telco giants want to eliminate the Internet’s open road in favor of a tollway that protects their status quo while stifling new ideas and innovation. If they get their way, they’ll shut down the free flow of information and dictate how you use the Internet.

I thought you were being too sanguine...

Here's a link to a video clip that explains the stakes quite nicely....we will all be affected.
http://www.publicknowledge.org/node/307
In our biznocracy manipulating consumers is standard operating procedure, no?

You are right about net-neutrality

Excellent video, Martha. This certainly gets the point across.

I-IX looks like intensive

I-IX looks like intensive legal beagles had at it.  i am curious to ascertain how many man hours go into such a thing.

Good question on legal efforts

Lawrence Dempsey wrote the Privacy Policy and Terms of Use - I'm not sure how many hours it took but I expect he'll see your comment and give us some details. He did write rather than copy this so it is unique, and he looks forward to feedback so let him know if you have any questions or comments - post here or email him at lawrence@realinks.us

Update to terms of use and continuity concerns

Because of concern over the facts that one of the co-founders of REALinks, LLC, Peter Holmes, has taken action to shut down REALinks, LLC, without my approval, even as I am the inventor of REALinks, LLC, and co-founder, and whereas Peter Holmes has not filed certain appropriate legal documents for REALinks, LLC, and has otherwise acted and is acting as sole owner of REALinks, LLC, in conflict with my understandings and the understanding and representations of REALinks' original legal counsel at Jones Day, attorney David Sloan, who recently determined and stated to my attorney that I am 50% co-owner of REALinks, LLC, and whereas it has recently been discovered Peter Holmes has personally registered the tradename "REALNEO" to himself, at his home address, in direct conflict with the fact I invented REALNEO, and it was understood by all parties associated that REALNEO was to be registered to REALinks, LLC, with further expectations it would be established as a not-for-profit entity, and whereas all this is in conflict with representations Peter Holmes has made to all parties associated with REALinks, LLC, and "REALNEO", including me, employees, contractors and "members", I have changed the terms of use, as co-owner of REALinks, LLC, and allowed in the original terms of use, to now establish "This website and accompanying databases are developed and/or maintained by Norm Roulet and Seven Generation Planning [collectively, “7GEN”]", 7GEN being a new identity established and put into use by myself, Norm Roulet, with REALinks, LLC, contractor Phillip Williams, in the interest of protecting the content of REALNEO and the rights of all members, including ourselves. There is reason to be concerned Peter Holmes may be able to take control of my invention, REALNEO, and in some way destroy this website, servers, data and/or member content. I have changed all language in the terms of use that may suggest REALinks, LLC, or thus Peter Holmes, have any ownership of member postings, and the terms now state more simply that "I. License: You own your information, and maintain a copyright in all your Postings on this site." I have also changed the state of law for any conflicts related to this site and content from "Texas", which was the choice of Peter Holmes and his counsel, Lawrence Dempsey, to now being based in Ohio, where most members reside, in the interest of protecting all members. These terms of use will be further revised as necessary to protect members and their content from any actions by Peter Holmes against this invention, REALNEO, or against member content, and as advised by legal counsel. Overall, these terms of use are meant to protect the members andshould adhere to broadly adopted terms allowed by Creative Commons, so those are the terms of use to which I see this site and all content moving. Please feel free to comment.

Guidelines

Libraries are jumping on the NEO bandwagon. See the guidelines for the Public Library Association at http://plaspace.org/guidelines.

In my humble opinion, I think these guidelines offer a good way to gauge our social behavior online anywhere.