Notice: Modifications have been made on December 27, 2009 with respect to the following:
Paragraph 1.1 - Description of Service
Paragraph 1.5 - User Conduct
Notice: Significant modifications have been made.
Notice: Modifications have been made on March 31, 2009, with respect to the following:
Paragraph 1.12 - clarification on "no guarantee of service" issue Paragraph 1.21 - new, reflecting prohibited content in the new classified ads section.
All of the above modifications have been made according to this User Agreement, and are effective as of April 1st, 2009, 12.01am.
Notice: A number of modifications have been made on February 4th, 2008, with respect to the following: Paragraph 1.10 - deleted Paragraph 1.18 - modified to reflect that this agreement shall be governed and contrued according to the laws of the Commonwealth of Massachusetts. Pargraph 1.20 - added, regarding user account termination requests. All of the above modifications have been made according to this User Agreement, and are effective as of February 4th, 2008, 12.01pm.
1. User Agreement
This User Agreement describes the terms on which you may access and use our services. Wincentral and Wincentral.org are trademarks of the Alliance for the Empowerment of Local Communities. In order to become a Wincentral user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the Wincentral Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Wincentral service indicates your acceptance of the amended User Agreement.
1.1 Description of Service
WinCentral involves the Winchester community in more efficiently and more effectively sharing information about local resources with the goals of strengthening our community and local economy. On its website, WinCentral allows users to read, watch and share information in the interest of furthering the community as a whole. (the "Service")
1.2 Membership Eligibility
The Wincentral Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Wincentral for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their Wincentral account to another party. Users must have their place of residence, or their place of business within the following ZIP code: 01890 (Winchester, Massachusetts). Alternatively, users may use Wincentral if they have other meaningful relations within these ZIP codes, such as previous or planned future residence, previous or future place of business, relatives, friends, and relations of similar nature. If you do not qualify, you may not use the Wincentral Service.
1.3 Use of Service
Your use of the Wincentral Service is governed by this User Agreement. Wincentral may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Wincentral of any unauthorized use of your password or account or any other breach of security. Wincentral cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
1.4 Termination
You agree that Wincentral may, with or without cause, immediately terminate your Wincentral account and access to the Wincentral Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Wincentral of a user's use of the Wincentral Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Wincentral account includes removal of access to all offerings within the Wincentral Service and may also bar you from further use of the Wincentral Service. Furthermore, you agree that all terminations shall be made in Wincentral's sole discretion and that Wincentral shall not be liable to you nor any third-party for any termination of your account or access to the Wincentral Service.
1.5 User Conduct
You understand and agree not to use Wincentral to:
Use the Wincentral Service for any illegal purpose, including but not limited to conspiring to violate laws. Falsely state, impersonate, or otherwise misrepresent your identity. Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Stalk or harass anyone. Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Wincentral Service. Interfere with or disrupt the Wincentral Service or servers or networks connected to the Wincentral Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Wincentral Service.
Community Rules:
You agree to use this site (including message boards) in accordance with the following Community Rules.
(a) About your posts:
- Contributions must be civil and tasteful.
- No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
- No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- No excessive advertising or promoting. If you are using the site to promote your business, be sure that you are registered as a business user.
- Contributions containing languages other than English may be removed
- No impersonation.
- No inappropriate (e.g. vulgar, offensive etc) user names.
(b) Your account:
If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against all of your accounts.All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address. We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or if a user disrupts any of our services in any way.
(c) Safety:
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, schedule, postal address, home address or email address or any other details that would allow you to be personally identified) in any form community.
1.6 International Use
Wincentral is only offered in the United States of America and will not permit membership of individuals with addresses outside of this territory.
1.7 Information provided on this Website
In the course of using the Wincentral Service, users may provide information about themselves. You understand that by posting materials on the Wincentral website or otherwise providing materials to Wincentral, you are granting to Wincentral a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Wincentral service. Furthermore, you understand that Wincentral retains the right to reformat, excerpt, or translate any materials submitted by you.
1.8 Access to Service
Use of manual or automated software, devices, or other processes to 'crawl' or 'spider' any web pages contained in the Wincentral website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to 'frame' or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
1.9 No reverse engineering
You understand that Wincentral has developed proprietary hardware, software and processes that enable it to provide an innovative and unique product and service portfolio to it customers. The utilized technology is part of Wincentral's intellectual property which Wincentral intends to protect. By agreeing to this User Agreement you guarantee that you will not reverse engineer, disassemble or otherwise inspect the hardware, software and processes used by Wincentral for the purpose of copying, interpreting, or otherwise learning about Wincentral's technology. This guarantee includes hardware devices shipped to you by Wincentral. The disassembling of battery-operated devices is permitted for the sole purpose of exchanging the batteries.
1.10 -deleted-
1.11 Wincentral Communications
In the course of providing you services, Wincentral may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Wincentral Service, including a series of up to five welcome emails which help to inform new users about various features of the Wincentral Service. You also agree to have your nickname listed in the header of certain communications which you initiate through the Wincentral Service.
12 No guarantee of service
Wincentral does not guarantee that any of its services will be available for an indefinite period of time. You understand that the service used or purchased by you is intended for use with the Wincentral service platform only, and that the service is not intended for use with any other service or independently.
1.13 Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Wincentral Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
1.14 Fees
Signing up for a basic Wincentral account is at no charge. Certain other services may be provided for free only to beta users. Wincentral reserves the right to charge for the Wincentral Service or any portion thereof, modify the pricing of, add to, or discontinue the Wincentral Service or any portion thereof without prior notice.
1.14 Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Wincentral Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Wincentral Service; ii) unauthorized access to or alteration of your communications with or through the Wincentral Service, or iii) any other matter relating to the Wincentral Service. Any business transactions which may arise between users from their use of Wincentral are the sole responsibility of the users involved. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Wincentral may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Wincentral, its users, and the public.
1.15 Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE ACN SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND THAT ACN DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION. ACN ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. ACN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACN MAKES NO WARRANTY THAT (i) THE ACN SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE ACN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ACN SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ACN SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ACN SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACN OR THROUGH OR FROM THE ACN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
1.16 Entire Agreement
The User Agreement constitutes the entire agreement between you and Wincentral and governs your use of the Wincentral Service, superseding any prior agreements between you and Wincentral.
1.17 Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ACN'S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
1.18 Governing Law
The User Agreement between you and Wincentral will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of laws principles.
1.19 General Information
Wincentral, the Wincentral logo, and other Wincentral logos and names are trademarks of Technologies Holdings, Inc. You agree not to display or use these trademarks in any manner without Wincentral's prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement via email to
customerservice (at) wincentral.org or to:
Wincentral
400W Cummings Pk
Suite 1725-107
Woburn, MA 01801
1.20 User Account Termination Requests
Users who wish to close their account shall email their request to support (at) wincentral.org
1.21 Prohibited Items in the Classified Ads section
Wincentral intents to assist its users in selling, buying, and trading of local products and services. Items or services that are illegal where the user lives may not be posted. If you see any fraudulent or suspicious content on the site, report it to info@arlingtoncommunitynetwork.org. Specifically prohibited from posted on this site are:
- Alcoholic beverages and tobacco
- Animals, plants and insects that are regulated or prohibited for sale under applicable laws
- Blood, bodily fluids and body parts
- Embargoed goods
- Items designed to be used to commit a crime including not without limitation burglary tools, false identification and items used to manufacture illegal explosives or controlled substances
- Material that infringes copyrights, trademarks or other third party rights
- Material that contains child pornography or is harmful to minors
- Misrepresentations and counterfeit or fraudulent items
- Prescription drugs
- Services or merchandise that promote hatred and violence against specific groups of people
- Services that are illegal including without limitation prostitution
- Stocks and other securities
- Stolen goods or property with serial number removed or altered