Terms and Conditions
 and Acceptable Use Policy for
E-Brochures, E-Billboards, E-Classifieds, My Community Pages, Message Boards
Towards Serving You Better!

As part of the service(s) provided, members are contacted by ShopMyState.com (the parent company of and as affiliated with the LOG ON Ezine,  and any other site officially owned by ShopMyState.com) periodically via email. Included in this service is a subscription to the ShopMyState.com Ezine and related emailings. The Ezine is sent at least once per week to all members of ShopMyState.com. In addition, ShopMyState.com sends commercial messages to its community members promoting the various services it provides, and various services advertisers provide.  Additionally, each SMS produced webpage in member's site may contain a special non-removable coding for a ShopMyState.com "pop-up" advertising banner.

It is the responsibility of all ShopMyState.com members to provide and maintain valid and active contact information, including email address and telephone number. If a member's contact information is not kept current, and email messages are returned undeliverable, or if member unsubscribes to the ShopMyState.com Ezine and related emailings, ShopMyState.com reserves the right to delete or prevent access to all services associated with ShopMyState.com and any other site officially owned by ShopMyState.com, without any notice or forewarning to member.

  • NO SPAM!!!
  • NO PORN!!!
  • NO WAREZ!!!


ShopMyState.com reserves the right to turn off your entire account without notice if we find any kind of spam or unsolicited email, mass signing up for email lists with any ShopMyState.com related email address or mass use of ffa networks with any ShopMyState.com related email address, porn, warez, cracks, cheats, or hacks containing ANY reference to ShopMyState.com, our network, our web site or any other connection that leads the recipient of this mail to your account, to us, or to our network. These practices will NOT be tolerated.

Spam sent by individuals or organizations purporting to be associated with ShopMyState.com, should be immediately forwarded to abuse@shopmystate.com

ShopMyState.com's general policy is to act as a neutral provider of access to the global Internet; however, we reserve the right to suspend or cancel a customer's access to any or all services provided by ShopMyState.com when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies
Unauthorized use of other people's accounts or computers
ShopMyState.com may take preventive measures, including changing the access password, in the event there is any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking or security hole scanning.

Any unauthorized use of accounts or computers by a ShopMyState.com customer, whether or not the attacked account or computer belongs to ShopMyState.com, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.

Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising isallowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic. 

Abuse of Traffic, Bandwidth and Storage
The intention of ShopMyState.com is to provide space to serve web documents, not an offsite storage area for electronic files. All web pages (html) must be 'linked' with files (.gif, .jpeg, .exe, etc.) stored on ShopMyState.com's server.
Lawful Purpose
ShopMyState.com reserves the right to refuse service to anyone. Customers may only use ShopMyState.com's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. 
Indemnification
Customer agrees that it shall defend, indemnify, save and hold ShopMyState.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ShopMyState.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ShopMyState.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ShopMyState.com's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from ShopMyState.com's server. 
Disclaimer
ShopMyState.com will not be responsible for any damages your business may suffer. ShopMyState.com makes no warranties of any kind, expressed or implied for services we provide. ShopMyState.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by ShopMyState.com and its employees. ShopMyState.com reserves the right to revise its terms, conditions and acceptable use policy at any time. 
ADDITIONAL TERMS OF USE
re: ShopMyState.com
Buying and selling through ShopMyState.com is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday). 
ShopMyState.com reserves the right to modify the Terms of Use at any time and without prior notice to its Users. We may add to, change, delete or end your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons. 
ShopMyState.com is not involved in any transaction between any party who uses our site. There are risks which you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does ShopMyState.com screen or censor or otherwise control the Users of its service. ShopMyState.com can not and does not control the behavior of the participants on this site. We can not control whether or not Users of ShopMyState.com will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE! 
If there is a dispute between participants on this site, ShopMyState.com is under no obligation to become involved. In the event that you have a dispute with one or more Users, you hereby release ShopMyState.com and anyone associated with ShopMyState.com in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. 

The ShopMyState.com service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate ShopMyState.com related transactions.

ShopMyState.com prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a 'bait & switch' of products, advertisements listed in the incorrect category, duplicate listings that contain more than 60% of the same characters regardless of category and without intent to sell such listing as an individual sale, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ('SPAM'). Furthermore, ShopMyState.com prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure. 

ShopMyState.com prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: 

  • Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants) 
  • Alcoholic beverages (except if You are reselling an alcoholic beverage that was initially purchased from a retailer and it still in its original container and it is legal to deliver to the buyer and into the jurisdiction where the buyer is) 
  • Firearms 
  • Pharmaceuticals or any other controlled substance 
  • Dangerous, counterfeit or stolen goods 
  • Goods which do not actually exist 
  • Any good that infringes or violates anyone's rights 
  • Any item which in ShopMyState.com's sole discretion is inflammatory, offensive or otherwise inconsistent with ShopMyState.com's standards of business ethics. 
  • Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive. 
ShopMyState.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the ShopMyState.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.

ShopMyState.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through ShopMyState.com systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party. 

If ShopMyState.com , in its sole discretion, determines that a violation of the Terms of Use has occurred, ShopMyState.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms of Use. ShopMyState.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. ShopMyState.com will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to you. If ShopMyState.com believes in its sole discretion that any ad may create liability for ShopMyState.com, ShopMyState.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In summary, ShopMyState.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice. 
User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the ShopMyState.com service. 

DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND ON AN 'AS AVAILABLE' BASIS. ShopMyState.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
ShopMyState.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ShopMyState.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE. 
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ShopMyState.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 
LIMITATION OF LIABILITY. USER AGREES THAT NEITHER ShopMyState.com NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ShopMyState.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT ShopMyState.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT ShopMyState.com SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE.

In summary, in no event shall ShopMyState.com's total liability to You for all damages, losses, and causes of action exceed the amount paid by You to ShopMyState.com if any, that is related to the cause of action. 
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, 'User Data' shall mean all information (if any) submitted by You, (the 'User') to ShopMyState.com with the exception of trading data, credit card numbers, checking account numbers, etc. 'Individually Identifiable User Data' shall mean that subset of 'User Data' which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of ShopMyState.com. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way. 

No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service. 
Others' Information. You agree not to make use of anyone else's Information other than as necessary to complete any ShopMyState.com transactions in which You are involved. 
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between ShopMyState.com and any User of the Service. 
Notice. Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Use or other matters related to ShopMyState.com by displaying notices to Users on the Service. 
This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. 
These Terms of Use and the relationship between User and ShopMyState.com shall be governed by the laws of the State of Montana without regard to its conflict of law provisions. User and ShopMyState.com agree to submit to the personal and exclusive jurisdiction of the courts located within Great Falls or Helena, Montana. 
The failure of ShopMyState.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. 
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. 
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. 
Please help us keep the ShopMyState.com site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the ShopMyState.com terms of use, please contact ShopMyState.com at Admin@ShopMyState.com