-= SpinelliCreations =- the best thing to happen to Buffalo, since the Chicken Wing.

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Sitewide Copyright...

Notice: this copyright policy is taken greatly as a whole from that created by Polk Audio (perhaps our favorite little audio company!) Polk Audio's notice is available, in full at polkaudio.com. The notice has been altered to suit the needs of SpinelliCreations, and is posted here in good faith. If Polk Audio takes issue with this, or wishes for SpinelliCreations to discontinue use of the notice, email to the Postmaster will result in the immediate removal of this notice. No harm, whatsoever, is intended.

Who, What, Where?

SpinelliCreations is the accepted name of both the web-service (consisting of email, http, https, ssh, sftp, p2p, proxy, etc), NFP consultation service, and any related (as yet undecided or undisclosed) future venture(s) of Vince Spinelli.

The following domains are currently registered and hosted by SpinelliCreations:

spinellicreations.com
-- blog.spinellicreations.com
-- downloads.spinellicreations.com
-- pentiumslayer1.spinellicreations.com
-- technobandits.spinellicreations.com
-- temp.spinellicreations.com
-- webmail.spinellicreations.com
-- openproxy.spinellicreations.com
-- rights persist to all future *.spinellicreations.com

jackmillz.com
-- webmail.jackmillz.com

The current Internet Protocol (IP) address of SpinelliCreations is:

72.88.94.11

The current Internet Service Provider (ISP) is Verizon Business Solutions.

The terms, conditions, and policies, described below, shall encompass all of the above domains and addresses, unless otherwise appended by supplemental copyright notices or references available on those individual sites.

Terms and Conditions

The sites hosted (the "Service") are an online information and communications service provided by SpinelliCreations ("SpinelliCreations"), subject to your compliance with the terms and conditions set forth below.

Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. SpinelliCreations may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications, and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.

Unofficial...
Most instances can be settled quite simply and easily. If you believe that someone else's material is being used or abused on SpinelliCreations in such a manner that does not cite the original source/owner, infringes upon the original source/owner's copyright, or otherwise is done in "bad faith", then, by all means, email the Postmaster. SpinelliCreations will make every attempt to set things right, rather than escalate a situation.

Official...
SpinelliCreations respects the intellectual property of others, and asks the users of this site to do the same. SpinelliCreations may, in appropriate circumstances and at its discretion, restrict access of users who infringe the intellectual property rights of others. It is the policy of SpinelliCreations to respond to claims on intellectual property infringement. SpinelliCreations will promptly process and investigate notices of alleged infringement and will take appropriate actions.

If you believe your work has been copied and is accessible on the SpinelliCreations site in a way that constitutes Copyright Infringement, you may notify SpinelliCreations by providing Abuse@SpinelliCreations.com the following information:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
2. a description of each copyrighted work that you claim has been infringed, including a copy of the copyrighted work;
3. identification of the URL or other specific location on the SpinelliCreations site where the material that you claim is infringing is located;
4. your address, telephone number, and email address where you can be contacted;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Licensing

The entire contents of the Service are protected under the United States copyright law. You may print and download portions of material from different areas of the Service solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of SpinelliCreations or any third party information provider to the Service. The sole exception to this rule is material downloaded for non-profit-educational use. This includes material reproduced for use in academic lectures, seminars, or conferences. "Non-profit-educational" use is defined as 1) academic use where the SpinelliCreations material is not the sole or majority topic of the course or academic venture AND students or participants must pay a fee or service to participate; 2) SpinelliCreations material is the sole or majority topic of an academic course, for which students or participants may freely participate, without required membership to any club or organization ('open to the public', so to speak). Instanaces where SpinelliCreations material is the sole or majority topic of an academic course, for which students or participants must pay a fee or service to participate in, or be a member of a club or organization for which they were required to pay a fee or service, classifies as commercial use. Please contact SpinelliCreations to discuss the licensing of material (in some instances, it may be as simple as being granted a $ 0.01 'one penny' license, depending on both the merit of your request and your expectation of profit). You agree not to change or delete any proprietary notices from materials downloaded from the Service.

You agree to grant to SpinelliCreations a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials or other information (including, without limitations, ideas contained therein for new or improved products and services) you submit to public areas of the Service by all means and in any media now known or hereafter developed. You also grant to SpinelliCreations the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against SpinelliCreations for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

As Especially Applies to Email, Web-Hosting,
Filesharing, and Communication Services

SpinelliCreations is happy to offer communication services, including, but not limited to, Web-Hosting, Email and Webmail, Filesharing, and FTP. It is not the policy of SpinelliCreations to 'police the world'. The terms and conditions of this notice are clear and distinct; easily understood. That being said, users, whether registered (those having a login / password account with SpinelliCreations) or not (those who simply visit, utilize the Service, or in any way interact with the Service), are bound to these terms, conditions, and copyright policy. In short, you're in our 'House', so follow our 'Rules'. As always, if you don't like it, you can leave. In as much, email, open web space, and ftp -- simply by their nature -- create an arena of potential abuse and misuse. The same can be doubly said for filesharing (SpinelliCreations runs an eDonkey Network Peer-to-Peer Server as well). These technological aids are for the advancement of 'good', not 'indecent childish mayhem'. Should one choose to abuse the privelage of using the Service, they will be blocked and flagged as soon as is possible. Following that, should enough information be logged to proceed, and damages can be shown, action shall be taken against the offending party and / or that party's agent. Consistent with the above, SpinelliCreations accepts no responsibility for the ill actions of its users.

As Especially Applies to eDonkey Peer-to-Peer

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server version 17.14 (lugdunum)
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SpinelliCreations Server Project, Pentium Slayer 1
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...visit www.SpinelliCreations.com
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Our Explicit and Clear Terms of Use -- Read NOW -- Use of this Donkey Server is subject to the Terms of Use of SpinelliCreations.com, which are available at http://spinellicreations.com/notice/copyright.shtml However, since no files are actually hosted by SpinelliCreations, the policy should be interpreted such that...
"No user shall utilize the SpinelliCreations Server Project to knowingly share, search for, trade, disseminate, or otherwise abuse copyrighted/trademarked/licensed material" (without the expressed written permission of the material's owner, provided the user is not the owner).
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Basically, if it's not your own material, and it's not free/open-to-the-public, then you are in violation of this server's Copyright Policiy/Terms of Use. Users who do not or cannot accept the Copyright Policy/Terms of Use must immediately disconnect from the Server.
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SpinelliCreations accepts NO RESPONSIBILITY for the actions of any user. The intent of this Donkey Server is to support the free and open communication of ideas, free and open source computer programs, Indie (independant) music, and the advancement of the Linux server and desktop community.
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As Especially Applies to OpenProxy.SpinelliCreations.com

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glype Web Proxy version 0.4
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SpinelliCreations Server Project, Pentium Slayer 1
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...visit www.SpinelliCreations.com
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Our Explicit and Clear Terms of Use -- Read NOW -- Use of this Open Proxy is subject to the Terms of Use of SpinelliCreations.com, which are available at http://spinellicreations.com/notice/copyright.shtml Be advised that this particular proxy does not simply re-issue http / https / ftp / etc. requests through the SpinelliCreations server, but actually ports the full traffic of the request, including web pages / images / downloads / etc., through PentiumSlayer1 itself. As such, the burden of conscious browsing is increased and falls squarely upon the user...
"No user shall utilize the SpinelliCreations Server Project to knowingly share, search for, trade, disseminate, or otherwise abuse copyrighted/trademarked/licensed material" (without the expressed written permission of the material's owner, provided the user is not the owner).
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Users who do not or cannot accept the Copyright Policy/Terms of Use must immediately disconnect from the Server.
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SpinelliCreations accepts NO RESPONSIBILITY for the actions of any user. The intent of this Open Proxy is to allow legitimate and semi-anonymous browsing from behind an over-zealous http proxy. It is not to be used to circumvent said http proxy for the purpose of viewing that proxy's targets. It is also not to be used to conduct illegal, nefarious, or otherwise unjust acts on the internet, whilst hiding behind the IP Address of SpinelliCreations.com. Be advised, that is what logs are for.
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For example... you are behind an http proxy that blocks all websites which contain the ascii string 'sex' in their content, but you are trying to view a Wikipedia article on how to sex-type aquatic sea-horses for your Biology Class. This is legitimate use, because the http proxy is targeting pornography and the like, while your requested site has been blocked by mistake. However, were this Open Proxy used to actually view a pornographic site or such, circumventing the targeting mechanism of the http proxy, then that would be a clear violation of these terms of use and the spirit of this Open Proxy.
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Throttle -- maximum single transmission [defined as the total Byte size of the header, footer, body content (your Open Proxy destination) and any associated images, files, etc.] is throttled at 55 Megabytes. Why? Two reasons...
1- the global email limit is accepted at 50 MB. Allowing for reasonable error across file systems, the size of the security packet, and the content of the average webmail interface, we end up having to add on 5 additional MB to ensure that anyone using this Open Proxy to access a webmail account can, in fact, pull up their mail without trouble.
2- whatever bandwidth the user utilizes is directly subtracted from the bandwidth allotment of PentiumSlayer1.SpinelliCreations.com. To allow unlimited transmission size would result in DoS instances and a failure to provide other services / service other users.
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Cache -- OpenProxy.SpinelliCreations.com does not employ a content-cache due to the high risk of viral infection. As is, data is downloaded to PentiumSlayer1 in standard form (whether encrypted or not, relies solely on the destination host), encrypted, transmitted to the user, and immediately deleted. Every refresh constitutes a fresh 'cycle'. The web-folder of this Open Proxy is non-executable (one of the reasons there isn't any CGI on this page).
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Telephone, mailing address, and other pertinent contact information is available upon request.

Built: Dec. 1, 2006
Updated: Dec. 31, 2007
... March 26, 2007 - spelling errors
... July 6, 2007 - truncated header
... Nov. 11, 2007 - domain alliteration
... Dec. 31, 2007 - addition of Comm. Svcs. article, edit of domain / address
... Mar. 02, 2008 - addition of Open Proxy article, general grammar