Last updated: 8/28/2011

Legal Disclaimer

The Pam's House Blend website contains opinions of the author and various contributors. It is a fair use, non-commercial, Web site that includes political opinions and satire. The author encourages you to use your own judgment in purchasing or downloading products and services reviewed or listed on this Web site.

The Pam's House Blend website (the "Service") is an online information and communications service provided by PHB Media, LLC, a private individual, subject to your compliance with the terms and conditions set forth in the document entitled Pam's House Blend Terms And Conditions Of Service (sometimes referred to as the "Terms Of Service," or "TOS"). The Service provided by PHB Media, LLC employs others as her agents to perform certain, but not all functions reserved for PHB Media, LLC.

For the purposes of this document, these other agents  will be referred to as "Baristas." The current list of the screen names of Baristas is located on the Service's front page. "Pam's House Blend" and the "Pam's House Blend" design are the property of PHB Media, LLC and copyrighted by law in the United States and other countries. Other marks which appear on this Web site may be marks of third parties that are not affiliated with Pam's House Blend and PHB Media, LLC does not control or endorse the content of third party Web sites.

Pam's House Blend Web Site Agreement

^ Please read the TOS carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions of the TOS. You will be considered a general member of the Service. For the purposes of this document general members of the Service will be referred to as "Blenders."

If you do not wish to be bound by the TOS, you may not access or use the Service. If you utilize the Service in a manner inconsistent with the TOS, PHB Media, LLC, or her Baristas, may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. PHB Media, LLC or her Baristas may modify the TOS at any time, and such modifications shall be effective immediately upon posting of the modified TOS. 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.

1. Operating Policies

You agree to comply with the Operating Policies set forth in Section A (as they may be amended by Pam's House Blend from time to time), which are the rules that govern your activity in connection with the Service. Pam's House Blend has the right but not the obligation to remove any communications and materials that Pam's House Blend believes in its sole discretion violate the Operating Policies.

2. Copyright, Licenses and Idea Submissions.

The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is PHB Media, LLC. You may print and download portions of material from the 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 PHB Media, LLC or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to PHB Media, LLC 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 and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to PHB Media, LLC 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 PHB Media, LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Pam's House Blend.

3. Use of the Service.

You understand that, except for information, products or services clearly identified as being supplied by PHB Media, LLC, PHB Media, LLC does not operate, control or endorse any information, products or services on the Internet in any way. Except for PHB Media, LLC-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with PHB Media, LLC. You also understand that PHB Media, LLC cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service and the Internet. PHB Media, LLC does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and PHB Media, LLC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally. PHB Media, LLC does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis.

You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. PHB Media, LLC has no control over and accepts no responsibility whatsoever for such materials.

In no event will PHB Media, LLC be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if PHB Media, LLC or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service. because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, PHB Media, LLC's  liability is limited to the greatest extent permitted by law.

4. Indemnification.

You agree to indemnify, defend and hold harmless PHB Media, LLC, her agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

5. Third Party Rights.

The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification) are for the benefit of PHB Media, LLC and her agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

6. Termination.

This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Service after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.

7. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be performed in North Carolina. You agree that any legal action or proceeding between PHB Media, LLC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in North Carolina. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PHB Media, LLC's  failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PHB Media, LLC may assign her rights and duties under this Agreement to any party at any time without notice to you.

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Section A: Operating Policies and Community Guidelines

Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by PHB Media, LLC or the Baristas. PHB Media, LLC and the Baristas cannot and do not screen content provided by users of the Service. Notwithstanding the foregoing, PHB Media, LLC and the Baristas reserve the right to monitor content on the Service and to remove content which PHB Media, LLC and the Baristas, at their discretion, determine to be harmful, offensive, or otherwise in violation of these Operating Policies. PHB Media, LLC and the Baristas reserve the right to terminate the account (ban or delete) of a user of the service for any reason at any time.

For the purposes of Section A, commentary in the document of articles written by PHB Media, LLC, the Baristas, or Blenders shall be referred to as "Diaries." The Service may or may chose not to allow comments for specific Diaries posted to the Service. The collection of comments for each Diary will be referred to as "Comment Thread.

The term "Moderator" in this section refers to PHB Media, LLC or any individual Barista. The moderator makes decisions to warn, suspend, or ban any user regarding adherence to community guidelines.

The term "Reporter" in this section refers to users of the service that use the Blend's online complaint reporting system to alert Moderators of a TOS violation.

In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following community guidelines to protect against abuse:

Community guidelines

1. You must maintain a valid email account in your registration for the service.

Moderator Action: Immediate ban if a dead email address is in your profile.

2. Unless you are participating in an area of the Service that requires or encourages anonymity, use your real name in online communications. Misleading Activities related to online identities including (but not limited to): sockpuppeting, meatpuppeting, and astroturfing, are prohibited. You are responsible for familiarizing yourself with these terms using the provided links.

Moderator Action: Immediate ban, along with a public notification of that prohibited activity to the Blend community.

3. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.

Moderator Action: A single public warning in the comment thread is considered fair notice prior to a suspension or ban. The offending comment may also be immediately deleted upon discovery by a moderator without any notice.

4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

Moderator Action: A single public warning in the comment thread is considered fair notice prior to a suspension or ban. The offending comment may also be immediately deleted upon discovery by a moderator without any notice.

5. You may not interfere with other users use of the Service. This includes any harassment outside of the service as a result of activity on the Blend.

Moderator Action: A user will be banned for harassing another registered user via the service, private email communications or another service if the complainant confirms that it is related to commentary shared on Pam's House Blend.

6. You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission.

Moderator Action: Immediate ban with or without notice.

7. You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

Moderator Action: Immediate ban with or without notice.

8. You may not post or transmit any message which is harmful, threatening, abusive, hateful, or defamatory (defamatory anti-lesbian, anti-gay, anti-bisexual, and anti-transgender language will include, but not be limited to, the language identified as defamatory within the current online version of the GLAAD Media Reference Guide). Broad brush language that derides or denies the existence the entirety of lesbian, gay, bisexual, or transgender (LGBT) community or its individual subcommunities, and/or LGBT identities (also as spelled out in the GLAAD Media Reference Guide), to include queer (Q) and intersex (I) identities, is also prohibited.

Examples of prohibited hateful speech include, but are not limited to, racism, sexism (to include sexism directed at trans men and trans women), ableism, antigay sentiments (to include antibisexual sentiments), antitrans sentiments, homophobia, biphobia, transphobia, and broad brush attacks on religious creed [to include atheism, as well as open and affirming/welcome and affirming faith].

Moderator Action: A single public warning in the comment thread is considered fair notice prior to a suspension or ban. The offending comment(s) may also be left intact as proof of the violation, or deleted at the moderator's discretion.

9. Activities such as (but not limited to) flaming, trolling, comment-spamming, threadjacking and ad hominem commenting between blenders* is prohibited. You are responsible for familiarizing yourself with these terms using the provided links.

It is not the Service's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, PHB Media, LLC and the Baristas reserve the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.

* Ad hominem commenting to exclude comments made about baristas or public figures, or made about blender writers of diaries within the comment threads of diaries they write.

Moderator Action: A single public warning in the comment thread is considered fair notice prior to a suspension or ban. The offending comment(s) may also be left intact as proof of the violation, or deleted at the moderator's discretion.

10. a) You may not post or transmit charity requests, petitions for signatures without prior consent of PHB Media, LLC or the Baristas.

Moderator Action: Requests for fundraising or petition comments/posts must be submitted to tips@phblend.com for review before being submitted as a live diary or comment by a Blender.

b) Chain letters or letters relating to pyramid schemes are prohibited.

Moderator Action: Immediate ban, with or without notice, banned content will be deleted.

c) You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Service for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

Moderator Action: Immediate ban, with or without notice, banned content will be deleted.

11. You may not post off-topic comments or list off-topic articles in diaries (aka threadjacking). Open threads, or diaries designated for discussion of any topic, provided daily, are the appropriate venue for this content.

Moderator Action: A single public warning in the comment thread is considered fair notice prior to a suspension or ban.

12. You may not list or send unsolicited mass emailing to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients.

Moderator Action: Immediate ban, with or without notice, banned content will be deleted.

13. You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.

Moderator Action: Immediate ban, with or without notice, banned content will be deleted, law enforcement authorities will be notified.

14. Users of the service are expected take an active role in maintaining civility between commenters in diaries, both in your own behavior and by encouraging and informing fellow Blenders. You should report violations of the TOS you encounter via the service's online form. There is no guarantee that pointing out TOS violations in the comments will be seen and acted upon by moderators. Moderators are not responsible for full-time review and action on any comment threads, so Reporters will provide first notification in the cases where a moderator is not be available to review a thread.

Moderator Action: Reports received will be addressed by a moderator within 48 hours. False reports filed will result in a ban of the Reporter. Filing a report is not a guarantee that an action will be taken by a moderator of the service. Reports that are disputed by the Blender alleged to have violated the Service TOS will be reviewed by the moderators to reach a decision.

 

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Privacy Policy

Information Collected by the Pam's House Blend Web Site

This site recognizes and collects, when possible, the domain name (for example, abc.edu or xyz.com) of a visitor's web server; however, full e-mail addresses of visitors to the Web site are not automatically collected. The only way we personally identifiable information obtained is when you provide it voluntarily and explicitly.

How Information is Used

The information gathered by the Web site is used to:

* Improve the Web site

* Determine the number of visitors to the Web site each day, and where they are coming from

Additionally email addresses provided by visitors are used to respond to comments submitted through the contact form.

PHB Media, LLC does not sell, trade or rent personal information about visitors to the Pam's House Blend Web site, nor will she disclose your personal information to outside organizations unless she is authorized by you to do so, or are required by law.

Your Consent

By using the Pam's House Blend Web site, you consent to the collection and use of the information described above. Changes in this policy will be posted on this page to update users about the information collected when you visit, how the data is used and under what circumstances information is disclosed.

Links to Other Web Sites

Please note that PHB Media, LLC cannot control the content, availability or privacy practices of sites that link to the Pam's House Blend Web site, or the ability of other Web sites to link to this Web site.

PHB Media, LLC is not responsible for any links to or from other sites. Links to or from a third party are not an endorsement by PHB Media, LLC unless specifically stated.