Terms and Conditions of Use

1. Introduction

1.1 These terms set out your rights and obligations and those of Pen Friends and Services, Inc. a non profit organization registered in Amarillo, Potter County, Texas, in relation to this site and the communication services offered PF&S through it ("the Service").

1.2 By browsing and using this Service you (member or visitor) accept these Terms of Use and agree to be bound by these.

1.3 All guest, visitors also affirm that they are bound by these Terms of Use each time they access this Service or use any part thereof.

1.4 You should be aware that these Terms of Use may be amended at any time without prior notice.

2. To Use This Service

2.1 People who use this Service Affirm they are at least 18 years of age and are confirming they are 18 years of age or older.

2.2 As well as browsing profiles and communicating with inmates, other areas of access are a) prison art, b) news articles, c) access to special features, d) links to other sites.

3. Our Obligations

3.1 Whether you are a member or a visitor to this Service, you acknowledge that we are not and cannot be responsible for the behavior or communications of other Members or visitors whether on the Service or outside of it. We only provide the venue for Members and others to access the Service.

You should be aware that Pen Friends and Services, Inc. does not pre-screen or monitor the material contributed by Members. We only post the material we receive and do not practice censorship or editorial control over Members.

4. Your Obligations

4.1 The Member(s) are solely responsible for the content, quality and accuracy of the information they provide.

4.2 The Member(s) may not post, transmit or otherwise use any information gained from PF&S website without the expressed permission given by the owners of that information.

4.3 The Member(s) shall not interfere or attempt to interfere with the operating of the website in any way nor by any means and/or devices including but not limited to spamming, hacking, uploading computer viruses or time bombs or the means expressly prohibited by any provision of these Terms of Use.

4.4 The Member(s) shall not use any PF&S website to transmit vulgar, racist, libelous or otherwise offensive and/or illegal material of any kind.

5. Our Rights

5.1 PF&S may but is not obligated to monitor the Services and information contained on it, to maintain it or protect the rights of users.

5.2 PF&S reserves the right to decide upon the way and means of displaying the information provided to PF&S including but not limited to deciding upon conditions for priorities in search results. PF&S shall not be required to disclose any of these conditions, being PF&S intellectual property.

5.3 PF&S reserves the right to remove any materials at any time, at its sole and absolute discretion including but not limited to removing profiles with invalid addresses, removing multiple users profiles and to refuse any material deemed offensive, racist or otherwise unfit.

5.4 PF&S reserves the right, without any prior notice, to cancel the access and/or membership of any user not complying with these Terms of Use or any guidance notes on the Service and the Member(s) in these circumstances shall not be entitled to any refund.

5.5 PF&S shall have the right regardless of the reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the website, including but not limited to content, features, or hours of availability. PF&S may also impose limits on certain features and services to restrict the Member(s) access to parts or the entire website without notice or liability.

5.6 PF&S may from time to time provide access to third party sites for the benefit of Member(s). PF&S will be under no liability for any material displayed or contacts made through these sites or for any loss suffered or for any other sites which Member(s) may be able to access through the Service.

6. Intellectual Property

You acknowledge that all copyright, trade marks and other intellectual property rights in and relating to the PF&S Service (including the material which is contributed by Member(s)) are owned by PF&S. It is easy to copy material which appears on websites, but this does not mean it's legal. Therefore, no one may copy, distribute, show in public or create any derivative work from the PF&S Service, or any of the material which is found on the PF&S Service unless properly licensed to so by us.

By submitting any material to the content of the PF&S Service you affirm:

a) you are representing that you are fully to do so;

b) grant us a non-exclusive, royalty-free, not-terminable license right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere, and

c) authorize us to adapt the relevant material in the course of doing so, and so waive your moral rights  to object to any derogatory treatment, or to be identified as the author, of the material in question.

7. Excluded Loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out any negligence or breach of these Terms of Use or otherwise) or any claim for defamation or libel. PF&S will also not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control.

8. Maximum Liability

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of PF&S under these Terms of Use (whether arising in negligence or otherwise) will not under any circumstances exceed a) the cost of any material(s) received or $10.00 (ten dollars American Currency), whichever is greater or b) an amount equal to the sums paid by you to us by way of membership fees paid by the member during the revelant period of twelve months, regardless of the cause or form of action.

9. Indemnity

You agree PF&S is not responsible for any communications between parties of this agreement, inmates or free world individuals are solely responsible for their actions and shall not hold PF&S or any other participants liable for any action initiated or originating by consenting adults.

10. Entire Agreement

A person who is not a party to this Agreement or Terms of Use has no right under the Contracts Act 1999 to rely upon or enforce any terms of this Agreement.

11. PF&S reserves the right to change this Agreement from time to time and post the new version on the PF&S Service, without prior notice or approval from Member(s). Immediately upon the date of posting such changes, such changes and alterations become effective.

12. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

13. Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America.

14. Consent

By this Agreement members give their consent that PF&S may pass information about them to other individuals. These individuals may be located in countries outside of the US which do not have sufficient Data Protection laws to protect your information, you may have no rights under these conditions.