Terms, Conditions and Fair Use by Roger J. Wendell

www.RogerWendell.com
Roger J. Wendell
Defending 3.8 Billion Years of Organic Evolution^SM
Line

Terms, Conditions and Fair Use

Terms and Conditions

1) I (Roger J. Wendell) have been creating web pages on the internet since the late 1990s. Since then, I have provided (for your convenience) a few thousand links to websites off of my own webpages. Hundreds of those sites have either disappeared, changed ownership, or changed content. It's been a daunting task trying to keep up with each and every one of them so there is NO WAY I CAN BE HELD RESPONSIBLE FOR THEIR CONTENT. Yes, I continue checking links on my site for anything illegal but, as you can imagine, it takes hundreds of hours to pursue this each year. Nevertheless, I will also continue providing links that I think are helpful to our lives and planet.
2) I reserve the right to block mail from any spammer, or any other customer of any ISP who fails to terminate spammers, based upon the documented complaints of myself or others.
3) I reserve the right to appoint as my agents, at my sole discretion, any maintainer of any global DNSBL for the purpose of maintaining or transmitting information used by me to determine what traffic to block. Any agent used by my upstream ISP to detect and block spam is by extension my agent as well. This provision does not limit my ability to maintain local block lists.
4) I reserve the right to provide information to the maintainers of any DNSBL, NANAE, SPAM-L, or any other entity including but not limited to my upstream providers or the upstream providers of spammers, for the purpose of improving the accuracy of said DNSBL's or to assist honest ISPs in detecting and terminating spammers using their service. This information may be provided via any public or private mechanism which in my sole discretion I deem to be the most effective means of communication of that information.
5) Sending spam to any address on this domain constitutes a request and permission for relay and proxy testing of any server through which the spam is sent. Proxy tests will be conducted on my behalf by monkeys.com. Relay tests will be conducted on my behalf by ordb, devnull and osirusoft. I reserve the right to appoint additional or alternate agents for these tests at my sole discretion.
6) Attention Chinese spammers, or spammers using Chinese relays or ISPs - I share your belief that the Chinese Ministry of Public Security treat Falun Gong adherents despicably. One of the email addresses that you can or have harvested from my web page has an auto responder which sends a protest message to the Ministry of Public Security in your name urging them to free their Falun Gong prisoners and stop the harassment of independent religions. Also, this will provide me with an opportunity to remind the Chinese government, in your name, of China's illegal occupation of Tibet and East Turkistan. To take advantage of these offers:

Harvest the secret address from my pages

Send spam to that address from or through a mainland Chinese internet POP (see http://blackholes.us/zones/country/china.txt for complete list of eligible IPA's)

I will send pro Falun Gong literature to the Ministry of Public Security back through the same IPA that you used to send me spam (not responsible for any reaction by MPS forces)

Note that the address is only visible to address harvesting spambots. There is no chance of a human being accidentally picking it up.

7) No spammer, spammer apologist, or ISP who supports spammers should communicate with any email address on my domain with an expectation of privacy for said communications, nor should they expect that communications by other methods will remain private. Cartooney threats in particular will be subject to posting on spam-l and/or news.admin.net-abuse.email for the purpose of public comment and derision at my sole discretion.
8) Pursuant to S877 or any similar bill, addresses in this domain are not available for sale or rental. Harvesting prohibited.
9) CHOICE OF LAW - these terms and conditions are governed by Colorado law and are enforceable in any Colorado court of competent jurisdiction.
10) Transmission of email to any address on my domain constitutes acceptance of these terms and conditions.

Fair Use

United States Code
TITLE 17 > CHAPTER 1 > Sec. 107.
Sec. 107. - Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors

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