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Acceptable Use Policy

Effective Date: August 1, 2010

To review material modifications and their effective dates scroll to the bottom of the page.

1. Scope. This Acceptable Use Policy governs the usage of this YardSales.com website (the the “Services”) by registered Members of this site. All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Yardsales. This Policy is incorporated by reference into the Membership Agreement.

2. Purpose. The purpose of this Policy is to enhance the quality of the Services and to protect our Members, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities.

3. Prohibited Uses. Members may not:

3.1 Utilize the Services to send mass unsolicited e-mail to third parties.

3.2 Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Members may not:

3.2.1 Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

3.2.2 Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

3.2.3 Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;

3.2.4 Utilize the Services to export encryption software to points outside the
United States in violation of applicable export control laws; or

3.2.5 Utilize the Services in any manner that violates applicable law.

3.4 Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Members may not:

3.4.1 Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.

3.4.2 Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

3.5. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Members may not:

3.5.1 Utilize the Services to cause denial of service attacks against us or other network hosts or Internet users or to otherwise degrade or impair the operation of our servers and facilities or the servers and facilities of other network hosts or Internet users;

3.5.2 Post messages or software programs that consume excessive CPU time or storage space;

3.5.3 Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto-responders other than for the User's own account;

3.5.4 Utilize the Services to resell access to CGI scripts installed on our servers;

3.5.5 Utilize the Services to subvert, or assist others in subverting, the security or integrity of any our systems, facilities or equipment;

3.5.6 Utilize the Services to gain unauthorized access to our computer networks or those of any other person;

3.5.7 Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;

3.5.8 Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);

3.5.9 Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;

3.5.10 Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);

3.5.11 Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;

3.5.12 Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;

3.5.13 Utilize the Services in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by us in our sole discretion; or

3.5.14 Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

3.6 Utilize the Services to post the same item, product or service in more than one classified category or forum, or in more than one metropolitan area;

3.7 Utilize the Services to post content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

3.8 Utilize the Services to post content that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;

3.9 With respect to employers that employ four or more employees, utilize the Services to post content that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

4. Prohibited and Restricted Goods. Many different jurisdictions have laws and/or regulations that prohibit or restrict the sale of certain goods. We have provided a partial list below, but we do not represent that it is complete. It is your responsibility to research the laws and regulations regarding prohibited or restricted goods and to comply with them.

Copyright infringement materials, including software and sound recordings.

  • Airline tickets that restrict transfer, and tickets of any kind which you are not authorized to sell.
  • Coupons or gift cards that restrict transfer, and coupons or gift cards which you are not authorized to sell.
  • Household pets of any kind including dogs, cats, primates, cage birds, rodents, reptiles, amphibians, fish, except that owners who want to find a new home with small adoption fee is authorized.
  • Pet animal parts, blood, or fluids, including stud/breeding service.
  • Prescription drugs and medical devices, including prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
  • Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
  • Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
  • Blood, bodily fluids or body parts.
  • Obscene material or child pornography.
  • Weapons and related items, including firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns.
  • Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
  • Used or rebuilt batteries, or batteries containing mercury.
  • Used bedding and clothing, unless sanitized in accordance with law.
  • Non-packaged food items or adulterated food.
  • Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.
  • Illegal telecommunications equipment, including access cards, password sniffers, access card programmers and unloopers, or cable descramblers.
  • Stolen property, or property with serial number removed or altered.
  • Burglary tools, including lock-picks or motor vehicle master keys.
  • Pesticides or hazardous substances, or items containing hazardous substances including contaminated toys, or art or craft material containing toxic substances without a warning label.
  • False identification cards, items with police insignia, citizenship documents, or birth certificates.
  • Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
  • Counterfeit, replica, or knock-off brand name goods.
  • Gambling items, including lottery tickets, sports trading card 'grab bags', raffle tickets, sweepstakes entries or slot machines.
  • Fireworks, including "safe and sane" fireworks or any destructive devices or explosives.
  • Alcohol or tobacco products.
  • Restricted or regulated plants and insects, including noxious weeds, endangered plant species, or live insects or pests.

5. Violations. If we learn of a violation of this Policy, we may treat it as grounds for termination of your Membership.