PostOnce Terms of Service
This page states the "Terms of Service" under
which you may use PostOnce. Please read this page carefully. If you do not
accept the Terms of Service stated here, do not use this web site and
service. By using this web site, you are indicating your acceptance to be bound
by the terms of these Terms of Service. PostOnce (the
"Company") may revise these Terms of Service at any time by
updating this posting. You should visit this page periodically to review the
Terms of Service , because they are binding on you. The terms "You"
and "User" as used herein refer to all individuals and/or entities
accessing this web site for any reason.
Acceptable Site Use
PostOnce is intended for US-based employers
and recruiters with only US jobs.
PostOnce is intended for employers
and recruiters who
have already established an online presence. This means that
during PostOnce registration, prospective employers or recruiters must
provide a valid, company branded (non-free) email address. Free email
addresses are not allowed
during the registration process (ie. email@example.com, firstname.lastname@example.org, etc).
Note: After completing the registration form, the
registration data may be changed to a free or any other email address, if so desired.
Note: If an email address is entered during the
registration process from a domain not under you or your company's control (ie.
email@example.com, firstname.lastname@example.org), then a URL to your website must be
entered in the registration form and the
email address provided must appear on your website as contact information.
As an alternative to the above URL and email address
requirements, prospective members may provide PostOnce
with a link to paid listings on a Premium Job Site. Having one or more, paid
listings with Premium Job Sites such as
Monster, CareerBuilder, HotJobs etc. constitutes an online presence and
therefore also qualifies an employer or recruiter to use PostOnce services.
General Rules: Users may not use the Web Site in order to
transmit, distribute, store or destroy material, including without limitation
Web Site Content, (a) in violation of any applicable law or regulation, (b) in a
manner that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy, publicity or
other personal rights of others, or (c) that is defamatory, obscene,
threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating
or attempting to violate the security of the Web Site, including, without
limitation, (a) accessing data not intended for such user or logging into a
server or account which the user is not authorized to access, (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization, (c) attempting
to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing" or
"crashing", (d) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (e) forging any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. The Company will investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
The Web Site may be used only for lawful purposes by
individuals seeking employment and career information and employers seeking
employees. The Company specifically prohibits any use of the Web Site, and all
users agree not to use the Web Site, for any of the following: Posting any
incomplete, false or inaccurate employment ads, biographical information or resumes.
If you post a resume, the resume must be your own or you or your company must
have permission from the individual to post. Resumes are for living individuals seeking employment
or contract engagements on a
full-time or part-time basis.
Certain PostOnce features and functions are limited to a
single use per person, company, family of companies or related companies. This
includes, but is not limited to, FREE Trial and one-time promotional
offers. PostOnce is not a free service, but offers free trial and other
promotional offers as a benefit to current and prospective members. Submitting
fraudulent registration data is not only prohibited, but is also unlawful.
As such, we will take legal action against individuals who attempt to circumvent
the registration or renewal process through fraud and other attempts designed to
avoid paying for services. All internet identity fraud and credit card fraud is reported to the Internet Fraud Complaint Center (IFCC) and the Federal Bureau of Investigation (FBI), then vigorously prosecuted.
Posting any work-at-home, home-based,
franchise, pyramid scheme, "club membership", distributorship,
internet marketing, website sales, sales
representative agency arrangement or other business opportunity which requires
an up front or periodic payment, pays commissions only, requires recruitment of other members,
sub-distributors or sub-agents is prohibited.
The use of this service by competitors, product vendors or
online service providers in the human resources and recruiting industry is
Registration and Password
You are responsible for maintaining the confidentiality of
your information and password. You shall be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately notify
the Company of any unauthorized use of your registration or password.
As a user, you are responsible for your own communications and
are responsible for the consequences of their posting. You must not, and by
using this Web Site you agree not to, do the following things: post material
that is copyrighted, unless you are the copyright owner or have the permission
of the copyright owner to post it; post material that reveals trade secrets,
unless you own them or have the permission of the owner; post material that
infringes on any other intellectual property rights of others or on the privacy
or publicity rights of others; post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another user or any
other person or entity; post a sexually-explicit image or statement; post
advertisements or solicitations of business, post chain letters or pyramid
schemes; impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations
under these Term of Use. You also agree not to make any unauthorized commercial
use of the Web Site.
Disclaimers of Warranty, Limitation of Liability and
All PostOnce services are provided "as is" and no representations
or warranties, either express or implied, of merchantability, fitness for a
particular purpose or of any other nature are made with respect to this service
or to any product referred to in this information.
PostOnce does not
warrant that the web site will operate or perform in a manner that is
uninterrupted or error free, or that the web site or host server will be
We reserve the right to
remove jobs and accounts at any time for any reason.
Last Updated January 22, 2006
PostOnce Affiliate Program Agreement
By completing and sending in the accompanying PostOnce Affiliate Program ("Affiliate Program")
form, you are agreeing to enter into a legal agreement with PostOnce,
which contains all of the terms and conditions below and governs your
participation in PostOnce Affiliate Program.
As used in the Agreement,
"PostOnce", "we", "us" or "our" means PostOnce., an online
"Applicant", "you", "your" and "yours" means you, the applicant. "Affiliate"
means an applicant that has completed the application packet described
above and that has been accepted by PostOnce into the Affiliate Program.
"Your Site" or “Affiliate Site” means the World Wide Web site that you
specify in the application that is owned by you. The "PostOnce
and other sites owned and operated by PostOnce. The "PostOnce Service"
shall mean the PostOnce online service, that offers users a job posting
portal, employment ad distribution services and recruiting tools which are available at the PostOnce
The purpose of this Agreement is to allow HTML linking between Your Site
and the PostOnce Site(s).
2. Statement of Investigation
You acknowledge that you have read this Agreement and agree to all of
its terms and conditions. You acknowledge that you have independently
evaluated the desirability of participating in the PostOnce Affiliate
Program and are not relying on any representation, guarantee, or statement
other than as set forth in this Agreement.
3. Application to the PostOnce Affiliate Program
To begin the application process, you must submit a complete Affiliate
PostOnce will evaluate your application in good faith and will notify
you in a timely manner regarding acceptance or rejection of your application.
PostOnce may reject your application if it determines (in its sole
discretion) that Your Site is unsuitable for the PostOnce Affiliate
Program for any reason, including, but not limited to, if Your Site incorporates
images or content that is in any way competitive, unlawful, harmful, threatening,
defamatory, obscene, harassing or racially, ethically or otherwise objectionable.
If PostOnce rejects your application, you may reapply at any time,
and PostOnce will reconsider the application.
4. No Spamming
Promoting PostOnce via unsolicited email is strictly
prohibited, and affiliate agrees to not reference PostOnce in any way,
shape, or form, in any email that Affiliate sends in which the recipient
has not specifically asked to receive it. In the case of mailings which
are conducted by a third party on Affiliates behalf, Affiliate assumes
full responsibility and is advised to perform due diligence to ensure
that the mailing list is in fact 100% opt-in. Furthermore, Affiliate may
not link to PostOnce from any URL that is promoted via unsolicited
email. Finally, Affiliate may not advertise or reference PostOnce via
USENET newsgroup postings in any way, shape, or form.
Affiliate agrees that PostOnce will terminate this Agreement and withhold
all referral fees due if Affiliate is found in violation of this policy.
5. Linking Your Site to PostOnce/Limited License Grant
As an Affiliate Site, we will make available to you banner advertisements,
button links, or text links to the PostOnce Site(s),containing
PostOnce trademarks, service marks, tradenames, logo and words
identifying PostOnce (the “PostOnce Marks”) (each of these advertisements
and links referred to herein as "Links," or individually as a "Link"),
which, subject to the terms and conditions hereof, you may display on
Your Site. In utilizing the Links, you agree that you will cooperate fully
with PostOnce in order to establish and maintain such Links. All Affiliates shall display such Links prominently throughout the Affiliate
Site as approved by PostOnce in writing. A Link may only be modified
and/or expanded with prior written consent from PostOnce. Each Link connecting
users of Your Site to the PostOnce Site, will in no way alter the look,
feel or functionality of the PostOnce Site. PostOnce has the right
in its sole discretion to monitor Your Site at any time and from time
to time to determine if you are in compliance with the terms of this Agreement.
You also agree that you will substitute such images with any new images
provided by PostOnce from time to time throughout the term of this
Subject to the terms and conditions of this Agreement, PostOnce grants
you a limited, non-exclusive, non-assignable, non-transferable, royalty-free
license (without the right to sublicense) to (1) place Links on the Affiliate
Site during the term of this Agreement; and (2) to use the PostOnce Marks as incorporated into the Links, for the sole purpose of linking
to the PostOnce Site(s).
6. Ownership of Links and PostOnce Marks.
You acknowledge that all right, title and interest in the Links and the
PostOnce Marks are exclusively owned by PostOnce and/or its licensors,
and that no right other than the limited license granted herein is provided
to you. You shall not assert copyright, trademark or other intellectual
property ownership or other proprietary rights in the Links or the PostOnce
Marks or in any element, derivation, adaptation, variation or name thereof.
You agree that your use of the Links and the PostOnce Marks incorporated
therein, inures to the benefit of PostOnce. All goodwill or reputation
in the Links and the PostOnce Marks shall automatically vest in PostOnce
when the Links are used by you pursuant to this Agreement. You shall not
contest the validity of any of the PostOnce Marks or PostOnce's
exclusive ownership of them. During the term of this Agreement, you shall
not adopt, use, or register, or apply for registration of, whether as
a corporate name, trademark, service mark or other indication of origin,
any of the PostOnce Marks, or any word or mark confusingly similar
to them in any jurisdiction.
Use of the Links and the PostOnce Marks is subject to the PostOnce
Linking and Trademark Guidelines. PostOnce may modify the Linking and Trademark Guidelines
from time to time, and will take commercially reasonable steps to notify
you of the modifications.
7. Referral Fees
Qualifying Services: All Services sold by PostOnce to customers originating
from Affiliate's Referring Web Site or Referral URL -- and processed via
PostOnce online order forms, telephone or fax numbers, or mailing
address -- qualify to earn Affiliate referral fees as described below. PostOnce
reserves the right to reject any order that does not comply
with PostOnce policy.
Referral Fee Amounts: Purchase of the Service by Affiliate's referred
customers will earn Affiliate a referral fee equal to fifty dollars (US $50.00)
of the purchase price of the Service.
Referral Fee Payments: PostOnce will mail a referral fee payment
in U.S. dollars for the applicable referral fees (less any taxes required
to be withheld under applicable law) within thirty (30) days following
the close of each calendar quarter but no sooner than thirty (30) days
following our receipt of payment in full from Affiliate's referred
customer. However, if the Referral Fees
payable to you for any month are less than $150.00, we will hold these
Referral Fees until the total amount due to you is at least $150.00 or,
(if earlier), until this Agreement is terminated. An online statement
of customer purchase activity is available to Affiliate at all times.
Returns And Cancellations: If referral fee qualifying Services
are returned or cancelled by Affiliate's customer, the corresponding referral
fee(s) will be deducted from Affiliate's next monthly referral fee payment.
Tax Reporting: By law, if referral fee payments to Affiliate accumulate
to $599 in a calendar year and Affiliate is a resident of the United States
of America, Affiliate will be required to provide PostOnce with a signed
W-9 Form for tax reporting purposes before PostOnce can make additional
referral fee payments to Affiliate during the same calendar year.
Any customers who register with the PostOnce Service will be deemed
to be customers of PostOnce, and accordingly, all PostOnce rules,
policies, and operating procedures will apply to those customers.
determine the prices charged for the PostOnce Service provided to customers
under this Affiliate Program in accordance with our own pricing policies.
PostOnce, at its sole discretion, may change its rules, policies,
operating procedures, services offered, pricing and referral fees at any
time without prior notice.
You agree not to use any automated, manual or other system to register
for the PostOnce Service except by individual end users who link from
Your Site to the PostOnce Site(s) for the purposes of registering for
and using the PostOnce Services. PostOnce reserves the right
to withhold any Referral Fees if it determines, in its sole discretion,
that any fraud of any kind has been committed by the Affiliate.
9. Obligations Regarding Your Site
You are solely responsible for the development, operation, and maintenance
of Your Site and for all materials and content that appear on Your Site.
PostOnce will not be responsible for and disclaims all liability for
any of the foregoing. You agree to indemnify and hold PostOnce harmless
from all damages, claims, fees (including attorneys' fees), and expenses
arising from or relating to the development, operation, or maintenance
of Your Site and any content displayed on Your Site including but not
limited to any claim that content displayed on Your Site infringes or
misappropriates any intellectual property right of a third party.
10. Term of the Agreement
The term of this Agreement begins upon PostOnce acceptance of your
application for the Affiliate Program, and ends when terminated by either
party in accordance with this Agreement. Either you or PostOnce may
terminate this Agreement at any time, for any reason or no reason, by
giving the other party written notice of termination. Within 24 hours
after termination (whether by you or PostOnce), you must remove the PostOnce
Links and any other PostOnce Marks from Your Site and you
must destroy or erase from computer memory or any other storage device
any items you might have that contain PostOnce Links, PostOnce Marks
or PostOnce Confidential Information (as defined herein).. PostOnce will pay you any commissions you might have earned before termination
45 days after the end of the calendar quarter in which this
Agreement has been terminated.
PostOnce may modify any of the terms and conditions contained in this
Agreement and will notify you of the modification via email, and a change
notice will be posted on the PostOnce Site from which you retrieve
the reports or other information made available by PostOnce. If a modification
is unacceptable, you may terminate this Agreement by giving notice of
termination to PostOnce and following the procedures in Section 10
(Term of Agreement). If you do not give PostOnce notice of termination
in accordance with Section 10 and continue to display the Links on Your
Site, then you will be deemed to have accepted the modifications.
12. Relationship of the Parties
You and PostOnce are independent contractors, and nothing in this
Agreement creates any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between you and PostOnce.
You understand that you do not have authority to make or accept any offers
or make any representations on behalf of PostOnce. You may not make
any statement, whether on Your Site or otherwise, that would contradict
anything in this section.
During the term of this Agreement, you may have access to certain Confidential
Information (as defined below) of PostOnce. You agree
(i) not to disclose
any Confidential Information to any third parties (other than your employees
and/or consultants reasonably requiring such Confidential Information
for purposes of this Agreement who are bound by obligations of nondisclosure
and limited use at least as stringent as those contained herein) without
the express prior written consent of PostOnce,
(ii) not to use any
Confidential Information for any purposes except carrying out your rights
and responsibilities under this Agreement, and
(iii) to keep the Confidential
Information confidential using the same degree of care you use to protect
your own confidential information, as long as you use at least reasonable
For purposes of this Agreement, "Confidential Information" means,
any and all information in written, representational, electronic or other
form relating directly or indirectly to the present or potential business,
operation or financial condition of PostOnce (including, but not limited
to, marketing plans, customer and supplier lists and product data) excluding
any such information which at the relevant time
(i) is known to the public
(through no act or omission of the Affiliate in violation of this Agreement),
(ii) is lawfully acquired by the Affiliate from an independent source
having no obligation to PostOnce maintain the confidentiality of such
(iii) was known to the Affiliate prior to its disclosure
under this Agreement.
EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, POSTONCE MAKES NO,
AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THE AFFILIATE PROGRAM, THE LINKS, TRADEMARKS, THE POSTONCE
SITES, THE POSTONCE SERVICE, AND ANY OTHER SERVICE PROVIDED BY POSTONCE HEREUNDER, AND ANY OTHER SERVICE, CONTENT, TOOLS, OR RELATED DOCUMENTS
OR MATERIALS (IN ELECTRONIC FORM OR OTHERWISE) PROVIDED HEREUNDER, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT AND IMPLIED WARRANTIES
ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR TRADE USAGE.
POSTONCE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING
THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY, OR ANY OTHER ASPECT OF THE
You understand that the operation and/or use of the Links or the
may not be uninterrupted or error free, and may have errors or omissions.
You agree that PostOnce will not be liable for any interruptions or
errors in using the Links.
15. Limitation of Liability
POSTONCE WILL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES
OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LINKS, THE POSTONCE
SERVICE OR POSTONCE'S AFFILIATE PROGRAM, EVEN IF POSTONCE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOSS OF DATA OR
LOSS OR INTERRUPTION OF SERVICES OR COMMUNICATIONS. FURTHER, POSTONCE'S
AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING UNDER THIS AGREEMENT WILL
NOT EXCEED THE AMOUNT OF THE TOTAL REFERRAL FEES PAID OR PAYABLE
TO YOU UNDER THIS AGREEMENT.
16. Miscellaneous Provisions
THIS AGREEMENT WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF
CALIFORNIA AND THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
Any action relating to this
Agreement must be brought in the courts located in San Francisco,
California and you irrevocably consent to the jurisdiction of such courts.
You may not assign this Agreement, by operation of law or otherwise, without
our prior written consent. Subject to that restriction, this Agreement
will be binding on, inure to the benefit of and enforceable against the
parties and their respective successors and assigns. Our failure to enforce
your strict performance of any provision of this Agreement will not constitute
a waiver of our right to subsequently enforce such provision or any other
provision of this Agreement.
This Agreement and the Appendix attached hereto is the entire agreement
between you and PostOnce with respect to the PostOnce Affiliate
Program. You may not assign this Agreement, by operation or law or otherwise,
without prior written consent from PostOnce. This Agreement will be binding
on, inure to the benefit of, and be enforceable against the parties and
their respective permitted successors and permitted assigns. PostOnce's
failure to enforce your strict performance of any provision of this Agreement
will not constitute a waiver of PostOnce's right to subsequently enforce
those provisions, or any other provisions of this Agreement. The parties
acknowledge that if Section 5 or 14 is breached, money damages will not
be an adequate remedy and PostOnce may, in addition to any other legal
or equitable remedies, seek an injunction or similar equitable relief
against such breach or threatened breach without the necessity of posting
any bond. In the event that any provision of this Agreement shall, in
whole or in part, be determined to be invalid, unenforceable or void for
any reason, such determination shall affect only the portion of such provision
determined to be invalid, unenforceable or void, and shall not affect
in any way the remainder of such provision or any other provision of this
Agreement. You and PostOnce agree to negotiate in good faith
or to permit a court or arbitrator to replace any provision of this Agreement
held invalid, unenforceable or illegal with a valid provision that is
as similar as possible in substance to the invalid, unenforceable or illegal
provision. In no event shall PostOnce have any liability
for any delayed performance or nonperformance by PostOnce which results,
in whole or in part, directly or indirectly, from any cause beyond the
reasonable control of PostOnce. The provisions Sections 5, 9, 10, 13,
14, 15 and this Section 16 shall survive termination or expiration
of the Agreement.
Last updated January 22, 2006