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. user@yahoo.com, user@hotmail.com, 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. user@mindspring.net, user@comcast.com), 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.

Prohibited Uses

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 prohibited.

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.

User Submissions

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 Obligation

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 maintained.

We reserve the right to remove jobs and accounts at any time for any reason.

Last Updated January 22, 2006




PostOnce Affiliate Program Agreement

1. Agreement

By completing and sending in the accompanying PostOnce Affiliate Program ("Affiliate Program") application 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 service and "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 Site(s)" shall mean http://www.PostOnce.com 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 Site(s).

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 Program application. 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 Agreement.  

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.  We will 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.

8. Publicity

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.

11. Modification

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.

13. Confidentiality

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 care. 

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 information or 

(iii) was known to the Affiliate prior to its disclosure under this Agreement.

14. Disclaimers

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 POSTONCE SITE.

You understand that the operation and/or use of the Links or the PostOnce Site(s) 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