JoshWho Mail Terms, Privacy, DMCA, COPPA Policy
Anti Spam Policy
You agree to JoshWho Mail Anti-Spam Policy as a precondition to use of our Services. Services may be used only for sending mails or messages to persons from whom you have an express permission to send mails or messages on the subject of such mail or message, such as permission-based email marketing. We are very serious about our Anti-Spam Policy. If we discover that you are sending emails or messages to people without their permission, we reserve the right to terminate your user account.
By “permission” we mean express and provable permission granted to you. A permission to send commercial emails may be through:
- Submission of email address as part of downloading anything from your website or ordering a product or service from you.
- Subscription to an email newsletter by filling a form on your website.
- Someone has provided you with the email address as part of participation in any contest, event or survey conducted by you and you have informed him/her that you would be sending them marketing emails.
- Any instance where a person completing a form has checked an opt-in checkbox indicating their willingness to be contacted by you through email, provided the checkbox is unchecked by default and you have informed such person that the nature of the emails will be commercial.
- Any business card given by a person who has expressed his/her willingness to receive emails of a commercial nature. Willingness to receive emails of a commercial nature will be presumed where the business card was dropped in your booth at a tradeshow.
The rule of thumb is “Do not use our Services to send mails or messages to email addresses to which you do not have express permission to send emails on the subject of the email.” We insist on 100% compliance with the above rule.
When we say 100%, we do not include those instances where the recipient of an email has marked it as Spam although you have an express provable permission to send emails to that email address. It should be borne in mind that a permission once granted is deemed to have been revoked if the recipient of a mail has opted out of receiving emails from you.
In particular, you shall strictly comply with the following rules, which clarify the Rule of Thumb mentioned above:
- You should have explicit permission to contact the recipient on the subject of your email. You shall maintain sufficient proof of the fact that you have received permission from all recipients of emails sent by you through our Services.
- You shall not import or send emails to email addresses that you have bought, loaned, rented or in any way acquired from a third party, irrespective of any claim about quality or permission, while using our Services. You shall also refrain from importing into your Services account or sending mails to email addresses you have collected from other websites.
- You shall ensure that the routing and header information including your emails “From” and “To,” the originating domain name and email address are true and accurate.
- You shall not use subject lines that mislead the recipient about the contents or subject matter of the message.
Your use of our Services signifies your unconditional acceptance of this Anti-Spam Policy.
Spamming and Illegal Activities
- You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
1. Information Collection
JoshWho Mail is the sole owner of the information collected from our website. We do not, or will not sell, share, or rent this information to others in ways different from what is disclosed in our privacy statement below. We do not collect personal information other than what email you would use and whatever names you list on your channel.
3. Log Files
JoshWho Mail does not keeps log files. This is not attached in anyway to visitor’s personal identification.
JoshWho Mail does not share any account information with advertisers, merchants, or any other third party.
Links to other sites outside of JoshWho Mail do not apply to this privacy statement. We are not responsible for privacy policies of other websites linked to JoshWho Mail. Please read the privacy statement of each website linked to JoshWho Mail for information and data use for visitor’s personal identification. Our privacy statement applies solely to JoshWho Mail.
Changes of our Policy
If and when our policy statement changes, visitors with Memberships in our databases will be notified of the changes, and provided a link to this page to view the changes. If a visitor decides that our policy does not benefit them, they can use the opt-out option at anytime.
JoshWho Mail is Partner of Loop and shares the same Privacy, Terms, and DMCA Polices.
2. Our Service
Our web site and services provided to you on and through our website on an AS IS agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
(In other words, as long as funding still exist, then the website and all data will still exist.)
3. Your Responsibilities and Registration Obligations
Registration data information that we may collect is subject to the terms of our Privacy Statement.
5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used.
We believe in FAIR USE and 100% will not allow fake copyright claims to be used as a way to censor.
Copyright Claim on content from a 3rd party Claiming service. If you claim a user of JoshWho Loop is using your sole property, licensed content or other then you must present ID Or Copyright ID Claim for DMCA and agree to share that info with the party you are claiming is infringing the copyrighted work.
In order to make a DMCA claim you must agree to reveal your identity to the party you are claiming against.
You agree that our web site may expose you to Content that you may find objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, torturous, defamatory, libelous, objectionable, pornographic, designed to or does interfere or interrupt this web site or any of our services provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable, national law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of US national law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
7. Submission of Content on this Web Site
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
8. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors,
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
13. Applicable Law
14. Miscellaneous Information
No Adult/Porn Vids are allowed.
No Virus/spam/Warez Videos are allowed.
No nudity Vids are allowed.
No Normalizing or Promoting Pedophilia https://caapusa.org/2021/01/the-secret-effort-to-normalize-pedophilia/
No Normalizing or Promoting Beastiality
Videos must be in accordance with the National US law
JoshWho Loop is a Public Utility Service Protected Under Section 230 of the Communications Decency Act.
Section 230 of the Communications Decency Act of 1996 (a common name for Title V of the Telecommunications Act of 1996) is a landmark piece of Internet legislation in the United States, codified at 47 U.S.C. § 230. Section 230(c)(1) provides immunity from liability for providers and users of an “interactive computer service” who publish information provided by third-party users:
JoshWho Mail is compliant with (COPPA)
JoshWho Mail is Partner of Loop and shares the same Privacy, Terms, and DMCA Polices.
Child Online Privacy Protection Act.
You must be 13 or older in order to use JoshWho Mail.
If a child is reported for being under the age of 13 we will suspend the account until our staff can investigate the situation.
Parents can report to us if their child is registered on this site and are under the age of 13 and we will terminate the account deleting all user data of the account for privacy reasons.
To report a user under the age of 13 please send us a email to email@example.com
The Children’s Online Privacy Protection Act of 1998
(COPPA) is a United States federal law, located at
15 U.S.C. §§ 6501–6506 (Pub.L. 105–277, 112 Stat. 2681-728, enacted October 21, 1998).
The Federal Trade Commission (FTC) has the authority to issue regulations and enforce COPPA. Also under the terms of COPPA, the FTC designated “safe harbor” provision is designed to encourage increased industry self-regulation. Under this provision, industry groups and others may request Commission approval of self-regulatory guidelines to govern participants’ compliance, such that website operators in Commission-approved programs would first be subject to the disciplinary procedures of the safe harbor program in lieu of FTC enforcement. As of 17 May 2013, the FTC has granted safe harbor to five companies: Aristotle, Inc., PRIVO, TRUSTe, ESRB, and CARU. In September 2011, the FTC announced proposed revisions to the COPPA rules, the first significant changes to the Act since its rules were issued in 2000. The proposed rule changes expand the definition of what it means to “collect” data from children. The new rules would also present a data retention and deletion requirement, which would mandate that data that is obtained from children is only kept for the amount of time necessary to achieve the purpose that it was collected for and also add the requirement that operators ensure that any third parties to whom a child’s information is disclosed have reasonable procedures in place to protect the information. The Act applies to websites and online services operated for commercial purposes that are either directed to children under 13 or have actual knowledge that children under 13 are providing information online. Most recognized non-profit organizations are exempt from most of the requirements of COPPA. However, the Supreme Court ruled that non-profits operated for the benefit of their members’ commercial activities are subject to FTC regulation and consequently also COPPA. The type of “verifiable parental consent” that is required before collecting and using information provided by children under 13 is based upon a “sliding scale” set forth in a Federal Trade Commission regulation that takes into account the manner in which the information is being collected and the uses to which the information will be put.
The FTC has brought a number of actions against website operators for failure to comply with COPPA requirements, including actions against Girl’s Life, Inc., American Pop Corn Company, Lisa Frank, Inc., Mrs. Field’s Cookies, and Hershey Foods. In September 2006, the FTC levied substantial fines on several enterprises for COPPA violations. The website Xanga was fined US$1 million for COPPA violations, for repeatedly allowing children under 13 to sign up for the service without getting their parent’s consent. Similarly, UMG Recordings, Inc. was fined US$400,000 for COPPA violations in connection with a Web site that promoted the then 13-year-old pop star Lil’ Romeo, and hosted child-oriented games and activities, and Bonzi Software, which offered downloads of an animated figure “BonziBuddy” that provided shopping advice, jokes, and trivia was fined US$75,000 for COPPA violations. Other websites that were directed to children and shut down due to COPPA were: Kidswirl, Skid-e-Kids, and Imbee. Compliance In December 2012, the Federal Trade Commission issued revisions effective July 1, 2013, which create additional parental notice and consent requirements, amended definitions and added other obligations, for organizations that operate a website or online service that is “directed to children” under 13 and that collects “personal information” from users or knowingly collects personal information from persons under 13 through a website or online service.
Operators are prohibited from conditioning a child’s participation in an online activity on the child providing more information than is reasonably necessary to participate in that activity.
According to a notice issued by the Federal Trade Commission an operator has actual knowledge of a user’s age if the site or service asks for – and receives – information from the user that allows it to determine the person’s age.
An example cited by the FTC includes, an operator who asks for a date of birth on a site’s registration page has actual knowledge as defined by COPPA if a user responds with a year that suggests they’re under 13. Another example cited by the FTC that an operator may have actual knowledge based on answers to “age identifying” questions like “What grade are you in?” or “What type of school do you go to? (a) elementary; (b) middle; (c) high school; (d) college.” In the changes effective July 1, 2013, the definition of an operator has been updated to make clear that COPPA covers a child-directed site or service that integrates outside services, such as plug-ins or advertising networks, that collect personal information from its visitors.
The definition of a website or online service directed to children is expanded to include plug-ins or ad networks that have actual knowledge that they are collecting personal information through a child-directed website or online service. Websites and services that target children as a secondary audience may differentiate among users, and are required to provide notice and obtain parental consent only for those users who identify themselves as being younger than 13.
The definition of personal information requiring parental notice and consent before collection now includes “persistent identifiers” that can be used to recognize users over time and across different websites or online services. However, no parental notice and consent is required when an operator collects a persistent identifier for the sole purpose of supporting the website or online service’s internal operations.
The definition of personal information after July 1, 2013, also includes geolocation information, as well as photos, videos, and audio files that contain a child’s image or voice.
This is an American law, however, the Federal Trade Commission has made it clear that the requirements of COPPA will apply to foreign-operated web sites if such sites “are directed to children in the U.S. or knowingly collect information from children in the U.S.” Since the law is US federal, it’s applicable only to websites that run: by websites under US jurisdiction by websites which servers are hosted in US by websites which headquarters are located in the US territory. by commercial websites.
However, the law caused huge international impact, so that even websites which are not either under US jurisdiction, or which servers or headquarters are not located into US, started blocking children under 13, even giving up parental consent.
Staff of these websites explain their child blocking implementation by common sense of children – that they don’t have enough common sense, or they can’t make their own decisions. They compare the website accounts to documents like driver’s license, National ID card (or a passport) etc.
DMCA Digital Millennium Copyright Act (“DMCA”)
Copyright Infringement Notification Instructions
These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please email us at firstname.lastname@example.org
JoshWho Mail is Partner of Loop and shares the same Privacy, Terms, and DMCA Polices.
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(k), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Bill Text of the Digital Millennium Copyright Act (“DMCA”), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE. The information contained at the aforementioned linked web pages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. §512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
Claim of Infringement –
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. §512(c)(3); if you do not understand the language please seek independent legal advice):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please send your Claim of Infringement to: email@example.com or Open a Ticket under DMCA.
Failure to submit copyright infringement notifications as described above will result in no legal notice or action on behalf of JoshWho Mail.
Claim of Infringement Counter-Notification – If you have received a Copyright Infringement Notification and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter- notification. 17 U.S.C. §512 (g)(3) requires that to be valid, the counter-notification must be written and addressed to our designated agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
Identification of the specific URLs of material that the Website has removed or to which the Website has disabled access; Your full name, address, telephone number, and email address; The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant”; The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and Signature. A scanned physical signature or a valid electronic signature will be accepted. Our designated agent will present your counter-notification to the Complaining Party. Once your counter- notification has been delivered, JoshWho Mail, is allowed under the provisions of 17 U.S.C. §512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on JoshWho Mail system or network.
Please note that when we forward the counter-notification to the Complaining Party, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
JoshWho Mail is not required to respond to counter-notifications that do not meet the requirements above.
Claim of Infringement Retractions – In the event that after you submit a Copyright Infringement Notification, you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
1. A statement indicating that you are retracting your Copyright Infringement Notification; The complete and specific URL of the material in question;
2. An electronic signature; and
3. A copy of your original Copyright Infringement Notification.
Repeat Offenders –
This Website terminates the account(s) of any repeat copyright infringer, when appropriate and maintains a Repeat Infringer Policy pursuant to 17 U.S.C. § 512(i).
These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Notification Instructions.
Our Copyright Infringement Agent is not associated with this Website or the legal entity that controls this Website. Do not send any other information or material to our DMCA Agent.