Discussion List Terms and Conditions
Welcome to Topica! The following agreement governs all use of Topica Exchange services.
1. Terms of Service
Topica Exchange services (the "Service") are provided
to you under these Terms of Service and any operating
policies that Topica may establish (the "Agreement").
For the purpose of this agreement, Topica Exchange services
means all the free list hosting and delivery services
offered by Topica. Topica may make changes to this Agreement
and your continued use of the Service constitutes your
acceptance of any such changes.
The Service is free, although Topica reserves the
right to charge for it in the future. Topica reserves
the right to modify or discontinue the Service, or any
features of the Service, temporarily or permanently,
without notice to you and you agree that Topica is not
liable to you should it do so. Topica reserves the right
to occasionally contact users of its services regarding
features and services.
You agree not to resell for commercial purposes Topica's
Service or use of or access to the Service.
You agree to provide accurate, current and complete
information to Topica when you register and to let Topica
know of any changes. Failure to do so may result in
termination of the Agreement. If you are under the age
of 13 years old, you must obtain your parent's consent
before using the Service. As part of the registration
process, you will designate a password. You are solely
responsible for keeping your password confidential and
for all activities that occur under your password or
account. Please let Topica know of any unauthorized
use of your password, account, or list created under
your account, or any other breach of security.
2. List Owners and List Subscribers
- List owner
A person who creates and/or manages a list is called
a "List Owner." There are two types of lists hosted
on Topica Exchange: a "Discussion List" (i.e. a list
on which subscribers may post messages) and an "Announcement
List" (i.e. a newsletter list on which only the publisher
may post messages).
It is the sole responsibility of the List Owner
to designate the list as either "public" or "private"
and to use Topica's system properly to ensure that
any privacy that is desired is achieved. The List
Owner is responsible for creating appropriate list
policies and other rules regarding access, and managing
passwords in a secure manner. This includes the
option to allow subscribers of the list to access
the e-mail addresses of the other subscribers to
the list. It is also the List Owner's responsibility
to ensure that all communications and activities
relating to his or her list comply with this Agreement.
As a List Owner, you understand that Topica may
place your list in one of the several categories.
Examples of such categories may include: (1) general,
(2) adults only, or (3) kids. All List Owners of
lists designated as "adults only" or which contain
content that is inappropriate for minors, including
without limitation, pornography or other sexually
explicit language or content, are responsible for
creating, implementing, and enforcing minimum age
requirements which prohibit people under 18 years
of age from subscribing to or accessing your list.
List Owner understands that Topica reserves the
right to communicate with List Owner via email,
receipt of which by List Owner is considered by
Topica essential to our provision of service. List
Owner may unsubscribe from such communication at
- List subscriber
A person who joins a list is called a "subscriber."
You may subscribe to any list which is open and whose
membership requirements you satisfy. You acknowledge
that Topica's Service allows List Owners to determine
membership rules and guidelines, to designate lists
as "private" or "public," to refuse to accept new
members, to remove subscribers from their lists, and
to prohibit or remove any content, all in their complete
discretion. You agree that Topica is not responsible
or liable for the content, guidelines, requirements,
or conduct relating to any list, and is not responsible
for resolving any disputes that might arise between
or among subscribers, List Owners, or third parties
from activities on any list or use of Topica's Service.
List subscriber understands that Topica reserves
the right to communicate with List Subscriber via
email, receipt of which by List Subscriber is considered
by Topica essential to our provision of service.
List Subscriber may unsubscribe from such communication
at any time.
- Non-hosted lists
Various lists are accessible to you through Topica
but are not hosted on Topica's server and thus are
not governed by this Agreement, and you acknowledge
that Topica has no responsibility for the operation
of such lists or the conduct of its owner. Any dispute
or complaint concerning such lists or services should
be directed solely to the owner or operator of that
list or service.
- Topica operates an Advertising Network (the "Network")
for lists hosted on Topica Exchange, in which Topica
inserts advertisements into list email messages. All
Topica Exchange Newsletters (also called Announcement
Lists), and any existing Topica Discussion Lists that
convert to Newsletters (Announcement Lists), are automatically
added to the Network and participation is required.
Discussion Lists currently are not required to participate
in the network.
Topica hosts lists for those under 18 years of age.
However, if you are under 13 years of age, you must
obtain your parent's consent before registering. If
you are under 18 years of age you may not access or
use any list designated as an "Adult" list. The terms
governing the use of the service by minors and children
are subject to change at any time without notice.
4. Disclosure of Registration and Other Information
Topica will not disclose personally identifiable information
about you or your private communications (i.e., content
transmitted on private, non-public lists) to third parties,
without your permission, unless Topica believes such
disclosure is reasonably necessary to: (1) comply with
the law or legal process; (2) protect or defend the
rights or property of Topica or others; (3) enforce
this Agreement; (4) respond to claims that the contents
of any communications violate the rights of others;
or (5) as otherwise provided in the Agreement.
Once you subscribe to a list, all other subscribers
may have access to your email address if the List Owner
has chosen that function for the list. If a list is
designated as "public" by the List Owner, both subscribers
and the public will have access to any content provided
by you on that list.
From time to time, Topica does disclose aggregate
user demographic data to advertisers or other third
parties. Topica may access your lists and related communications
for technical processing and to address technical problems
or service complaints.
For more information on how Topica uses subscriber
or user information please read Topica's
5. Prohibited Conduct
You agree that you will not use Topica's Service to
transmit, disseminate or upload:
(1) unlawful, harassing, libelous, tortious, abusive,
threatening, or obscene communications of any kind,
or materials which infringe or violate any third party's
copyright, trademark, trade secret, privacy or other
proprietary or property right, or that could constitute
a criminal offense, give rise to civil liability or
otherwise violate any applicable law or regulation;
or, that are otherwise objectionable, including without
limitation, content that contains blatant bigotry,
racism, or hatred, or that promotes illegal activities
or physical harm against anyone;
(2) spam, chain letters, junk mail or any other
type of unsolicited mass e-mail to people or entities
who have not agreed to be part of such mailings;
(3) viruses or other harmful, disruptive or destructive
(4) content containing nudity or pornographic material
of any kind to people under age 18, or to anyone on
lists that are not limited to people age 18 or older.
You further agree: (a) that you will not disrupt or
interfere with another subscriber's use or enjoyment
of Topica's Service; (b) that you will not use or attempt
to use another person's or entity's account, service
or system without authorization from the owner, nor
will you disrupt or interfere with the security of,
or otherwise abuse, Topica's Service, system resources
or accounts, or any servers or networks connected to
the Service; (c) that you will not attempt to obtain
unauthorized access to Topica's Service, or to private
lists on the Service; (d) that you are solely responsible
for your actions in relation to Topica's Service, and
for any communications transmitted under your account;
(e) that you will not forge header or address information
or otherwise impersonate another or create a false identity;
(f) that you will not systematically extract, collect
or harvest, through electronic means or otherwise, any
data or data fields, including without limitation, lists,
list owner identities, or email addresses, from this
site; (g) that you will not disrupt the normal operation
of Topica's Advertising and Promotion Network, alter
or deface inserted advertisements, or cause any substantial
change in the usual content or frequency of emails sent
using Topica's Services; (h) that you will not use any
means to artificially increase the number of impressions
or click-throughs on any list, including but not limited
to actions such as subscribing phony email addresses
or sending empty messages; (i) that you will not create,
operate, or utilize any list whose purpose is to transmit
untargeted or unsolicited mass emails, including but
not limited to safe email lists; (j) that you will comply
with all laws relating to the transmission of technical
data or software exported from the United States; and,
(k) that you will comply with all applicable local,
state, national and international laws and regulations,
including without limitation those related to privacy
and data collection.
List Owners may implement rules and policies in addition
to those listed above. You agree to comply with all
rules and policies associated with the particular lists
to which you subscribe.
You agree that Topica may in its sole discretion remove
any material that appears to violate any of the foregoing,
and that it may immediately limit or terminate your
account or access if it appears you have violated these
List Owner hereby agrees that the only email which
the List Owner will send from Topica's Topica Exchange
servers is email which the List Owner sends to a single
addressee, to a group consisting only of the List Owner's
friends and family members or individuals with whom
the List Owner has an established professional (not
merchant-consumer) relationship, or to a group for whom
the List Owner has the verified permission of each recipient
to include them in a mailing list. Should the List Owner
cause email that does not meet these criteria to be
sent through Topica's Topica Exchange servers, the List
Owner understands and agrees that this is a breach of
Topica's Terms of Service, which may result in the List
Owner's account being terminated, with or without notice.
You acknowledge that Topica in its sole discretion may
change, terminate or bar access to your account or to
any list in which you are a subscriber or List Owner
for any reason, with or without notice to you and without
any liability to you or any third party. You may also
terminate your account for any reason. To do so, please
contact our Customer Success department
or go to http://www.topica.com/my/prefs/leave.html.
You also acknowledge that Topica, in its sole discretion,
may suspend or terminate any list for any reason, with
or without notice to you and without any liability to
you or any third party.
The following provisions of the Agreement survive
its termination: Proprietary Rights, Disclaimer of Warranties,
Limitations of Liability, and Indemnification.
Termination will prevent you from using Topica's Service
and cease your subscription to any lists. Termination
may result in the deletion of email files in your account,
whether or not such messages have been read or sent.
You agree that upon termination Topica may immediately
delete and bar access to any content or files in your
account, including email messages, and cancel your subscription
to any and all lists.
7. Proprietary Rights
Content available through Topica including, without
limitation, text, graphics, software, music, sound,
photographs, and videos, and any content provided by
any third party advertiser, is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights or laws. You may download one copy of this content
for your personal use only, as long as you keep all
copyright and other proprietary notices intact, but
are prohibited from any other use except as expressly
authorized by Topica or the applicable advertiser. You
may not copy, distribute or create derivative works
of such content without express permission and you may
not "frame" any content into Topica's site or "frame"
content from Topica's site into any other site.
Topica does not claim ownership of the Content you
transmit through Topica's Service. By transmitting Content
through Topica for distribution to your Topica List,
you grant Topica a world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the
Content solely for the purpose of providing Topica's
hosting, archiving, subscription, and promotion services.
8. Service Availability and Customer Service
Although Topica strives to maintain the availability
of the Service twenty-four hours a day, it makes no
representation or promise that the Service will always
be available, and you agree Topica is not liable to
you or any third party for the temporary or permanent
unavailability of the Service.
9. Promotional Messages
- Topica Tag Line
You acknowledge that Topica may include a promotional
tag line in every message, the content of which Topica
may change from time to time, but which will be formatted
in a manner similar to the following:
Start a Discussion List on Topica Exchange.
Keep in touch with family or colleagues. It's easy
This tag line is not a part of the Advertising
and List Promotion Network described below.
- Third-Party Advertisements
From time to time you may receive banner or other
advertisements or promotions from third parties while
using the Service. Your dealings with such third parties,
including, without limitation, the payment for and
delivery of goods and services, and any terms, conditions,
warranties, or representations associated with your
dealings with third parties are solely between you
and the third party. Topica does not make any representations
or warranties with respect to any such dealings or
any goods or services which may be obtained from such
third parties, and you agree that Topica shall have
no liability for such dealings or the provision of
any such goods or services.
10. DISCLAIMER OF WARRANTIES
TOPICA'S SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. YOU EXPRESSLY AGREE THAT USE OF TOPICA'S SERVICE
IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, TOPICA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. TOPICA DOES NOT MAKE ANY
WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS,
OR THAT TOPICA'S SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL
BE CORRECTED; NOR DOES TOPICA MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TOPICA'S
SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH TOPICA'S SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF TOPICA'S SERVICE IS 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 SUCH MATERIAL AND/OR DATA.
TOPICA DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM TOPICA'S
SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR
THROUGH TOPICA'S SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPICA
OR THROUGH TOPICA'S SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
11. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL TOPICA OR ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE TOPICA'S SERVICE OR FOR
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO BY MEANS OF OR THROUGH TOPICA'S SERVICE, OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES,
EVEN IF TOPICA HAS BEEN ADVISED OF THE POSSIBILITY OF
YOU AGREE THAT TOPICA IS NOT LIABLE FOR ANY FAILURE
TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH
THE SERVICE. YOU AGREE THAT TOPICA DOES NOT ENDORSE
THE SUBJECT MATTER OF ANY OF ITS LISTS OR ANY OF THE
CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS SERVICE.
YOU ALSO AGREE THAT TOPICA SHALL NOT BE RESPONSIBLE
OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF
IF YOU ARE DISSATISFIED WITH TOPICA'S SERVICE, YOUR
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Topica,
its parents, subsidiaries, affiliates, officers, directors,
employees, agents, and suppliers, and their respective
affiliates, officers, directors, employees, and agents,
from any claim, action, demand, or damage, including
reasonable attorney's fees, made by any third party
arising out of or related to your use of Topica's Service
or your violation of this Agreement, including without
limitation the infringement by you or any other user
of your account, of any intellectual property or other
right of any person or entity.
Topica may, at its sole discretion, assume the exclusive
defense and control of any matter subject to indemnification
by you. The assumption of such defense or control by
Topica, however, shall not excuse any of your indemnity
13. Applicable Law
This Agreement shall be governed by and construed in
accordance with the laws of the State of California,
without giving effect to its conflict of laws provisions.
You agree that you will bring any claim or cause of
action arising out of your use of Topica's Service or
this Agreement in the courts located within the county
of San Francisco, California or the Northern District
of California and you also agree to submit to the personal
and exclusive jurisdiction of those courts.
You agree that any claim or cause of action arising
out of your use of Topica's Service or this Agreement
must be filed within one year after such claim or cause
of action arose or it shall be forever barred, notwithstanding
any statute of limitations or other law to the contrary.
Last Updated: December 16, 2006