Hiker Trash Haven Privacy Policy

Hiker Trash Haven
c/o Tony A. Nitz
P.O. Box 1501
Sparks, Nevada  89432-1501
U.S.A.
Phone: (775)843-1132
support@hikertrash.net

Copyright Notice

Hiker Trash Haven copyright © 1997-2001. All rights reserved. Permission to use all documents and related graphics and any other material from this World Wide Web site is subject to these Terms and Conditions.

Terms and Conditions

The documents and other materials (the "Materials") published by Hiker Trash Haven may only be used as permitted by the right-of-use license in these terms and conditions.

The user is not permitted to commercially exploit the information or transfer it to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution of the Materials is prohibited without the prior written consent of Hiker Trash Haven. The user may not copy, reverse engineer, translate, port, modify, or make derivative works of the Materials. The user may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials. The user may not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation, or any other means. The user may not use the Materials to operate an information bureau. The Materials may not be copied, even if modified or merged with other data or software. The user will not alter or remove any copyright notice or proprietary legend contained in or on the Materials.

You may download or copy Materials that are displayed on the free areas of this Web site (the "Free Information") for personal use only, provided that you maintain all copyright and other notices contained in such Content. You may quote selections of Free Information, provided that you attribute the source of such free information to Hiker Trash Haven. You will not store any significant portion of any materials owned by, or licensed to Hiker Trash Haven, in any form. You may not alter or remove any trademark, copyright or other notice from copies of the content.

Disclaimer of Liability

THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS AND THE INTERNET GENERALLY. HIKER TRASH HAVEN AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HIKER TRASH HAVEN DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THIS SITE. HIKER TRASH HAVEN WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN HIKER TRASH HAVEN'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00.

No Warranties

The Materials may include technical inaccuracies or typographical errors. Hiker Trash Haven has the right to make changes and updates to any information contained within this server without prior notice. THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. NO INFORMATION GIVEN BY HIKER TRASH HAVEN, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty will not apply to the extent that any provision of this warranty is prohibited by any federal, state, or local law that cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

No Endorsement

Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not imply its endorsement, sponsorship, or recommendation by Hiker Trash Haven.  Hiker Trash Haven reserves the right to discontinue or modify any of the information contained on this service, or the service, at any time. Hiker Trash Haven has the right to modify these terms and conditions at any time. This agreement will be governed by the laws of the state of Nevada without giving effect to its rules of conflict of law. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. The user agrees to comply with all applicable laws in using this service or the Materials.

Digital Millennium Copyright Policy

Hiker Trash Haven is a service provider under the Digital Millennium Copyright Act (DMCA) (http://lcweb.loc.gov/copyright/legislation/hr2281.pdf) and complies with its provisions. Our designated agent is:

Tony A. Nitz
P.O. Box 1501
Sparks, Nevada  89432-1501
U.S.A.
Phone: (775)843-1132
legal@hikertrash.net

Hiker Trash Haven will block access to, or remove, any material on its servers that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our customers and will permanently remove and discontinue service to any repeat offender.

Procedure for Reporting Copyright Infringements

To be effective, a notification of claimed infringement must be a written communication provided to our designated agent and must include substantially the following:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, it agents, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a notification of claimed infringement does not comply with these requirements, we will try to contact the person making the claim and get notification that complies with these requirements.

What We Will Do

Once the required information is received we will:

• remove or block access to the infringing material;
• notify our customer of our action; and
• if our customer sends us a counter notification as provided for in the DMCA
• send a copy of the counter-notification to the person making the claim and
• inform the person making the claim that we will replace the blocked or removed material in ten business days, unless the person making the claim notifies us that such person has filed an action seeking a court order to restrain the customer from engaging in the infringing activity relating to the material on our system or network.

Counter Notification

To be effective, counter notification must:

• be in writing to our designated agent and
• include:
• the physical or electronic signature of the customer;
• identification of the material that has been blocked or removed and the location at which it appeared before it was removed or blocked;
• a statement under penalty of perjury that the customer has a good faith belief that the material was removed or blocked as a result of mistake or misidentification of the material to be removed or blocked; and
• the customer's name, address, and telephone number, and a statement that the customer consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who made the claim or an agent of such person.