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Welcome to EZ Texting! We are so glad that you're interested in learning about our products. This is our terms of service, which governs all use of the services (including websites) provided by CallFire, Inc. d/b/a EZ Texting (hereinafter referred to as "EZ Texting"). Please review it carefully. By accessing or using any of our websites or services, you are agreeing these terms.
1. Overview
The Terms of Service ("Terms") applies to all access to or use of the EZ Texting websites, offerings, and services (collectively, "Services"). The Services are described in more detail in Section 3. EZ Texting provides you with these Services subject to your acceptance, without any modifications, of the Terms, as well as any other operating rules and policies that EZ Texting publishes on its website, such as our privacy policies (collectively, the "Agreement"). By accessing one of our Services, you represent that you have reached the age of majority for where you live or that you have had a parent or legal guardian consent to be bound by these Terms.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ONE OF EZ Texting'S SERVICES, YOU ACCEPT THE TERMS OF THIS AGREEMENT AND IT BECOMES A LEGALLY BINDING COMMITMENT BETWEEN YOU AND EZ Texting. IF YOU DO NOT AGREE WITH ANY PORTION OF THE AGREEMENT OR IF YOU DO NOT INTEND TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE ANY EZ Texting SERVICE; YOU SHOULD LEAVE THIS WEBSITE IMMEDIATELY BY CLOSING YOUR INTERNET BROWSER WINDOW.
We reserve the right to change these Terms from time to time, and any revised Terms will supersede prior versions. Any updates to these Terms shall be posted on this website. Unless indicated otherwise, they will be effective on the date listed at the top of the Terms. You acknowledge your responsibility to review our Terms from time to time and to be aware of any such changes. By continuing to use any of the EZ Texting Services after we post any such changes, you accept the revised Terms.
2. The Parties
2.1. Definitions. In this Agreement, "we," "us," or "our" refers to EZ Texting. "You," "your," and "Customer" refers to you personally, unless you are accessing or using our Services on behalf of an organization that does not have an existing contract with EZ Texting that governs your actions. If the latter is the case, you are accepting the Terms for that organization and representing that you have the authority to bind the organization to the Terms; as such, "you," "your," and "Customer" will refer to the organization. If the organization already has a separate contract with EZ Texting that covers your access and use of our Services, however, the contract will govern, as opposed to these Terms.
2.2. Affiliates. In this Agreement, an affiliate is an entity or person that controls a party, is controlled by a party, or is under common control with a party (such as a subsidiary, parent company, or employee). Each party to this Agreement will be responsible for the acts and omissions of their affiliates in connection with this Agreement.
3. The Services
When we refer to our Services in the Terms, we are referring to any of our platform services, including our programs, features, websites, account portals, and technical support. In addition to EZ Texting.com, EZ Texting provides Services through various other websites, including MoboMix.com, CallFire.com, GroupTexting.com, TellMyCell.com, NightLifeTexting.com, and ClubTexting.com. The Terms apply equally to any rebranded or white label version of EZ Texting's platform services.
4. Service Availability
Services described on the EZ Texting Sites may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries, and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
We transmit messages initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Services and for paying all access charges (e.g., Internet Service Provider, telecommunications) incurred while using the Services.
EZ Texting only provides that the Services are processed correctly and further transmitted by EZ Texting to the applicable network. EZ Texting is not responsible for the final delivery of any communication initiated through EZ Texting's Services, as this is out of our control and is the responsibility of downstream communications carriers.
EZ Texting transmits and receives text messages and voice broadcasts via other major telecommunications companies and mobile network operators, and thus EZ Texting's influence over the timing of the transmission of your messages and broadcasts is only within the technical constraints imposed upon EZ Texting. While EZ Texting shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. EZ Texting is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from EZ Texting for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.
5. Our Storage and Use of Your Data
5.1. Privacy Policy. By accessing or using our Services, you acknowledge that you have reviewed and agree to the EZ Texting Services Privacy Policy and EZ Texting Sites Privacy Policy. If you do not accept the terms of these privacy policies, you must stop using our Services immediately.
5.2. Deletion of Your Data. While our platform hosts some Customer data, the continued hosting and storage of your data is not guaranteed by us. Except as otherwise agreed between us in writing, we may occasionally delete your data, and we will not be liability for any damages, losses, or other consequences that you may incur as a result.
6. Add-ons
We may make additional features and products offered by third-parties ("Add-ons") available on our Services. Your use of Add-ons available through our Services is subject to these Terms.
7. Your Account
Before you can use our Services, you must first create an account and provide us with some basic information, such as your full name, telephone number, email address, and account password. All information that you provide about yourself while maintaining a EZ Texting account must be accurate, complete, and current.
You are solely responsible for all use (whether authorized or not) of our Services under your account(s). You are also solely responsible for all access to and use of your account, and for all acts and omissions of anyone that has access to it.
Keep your password and let us know if it is compromised. If we believe you misuse our service, we can terminate your account and forward your information to law enforcement if appropriate.
You are responsible for maintaining the confidentiality of your password. You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services, and you will notify us promptly of any unauthorized access or use. Additionally, you agree to notify EZ Texting of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. We will not be liable for any loss or damage arising from unauthorized use of your account.
Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account, in EZ Texting's sole discretion, and you may be reported to appropriate law-enforcement agencies.
8. Your Use of Our Services Must Comply with the Law
You agree to use the EZ Texting Services in accordance with all applicable guidelines, as well as all state and federal laws that the Services are subject to. In order to confirm your compliance with these Terms, so as to ensure that EZ Texting is complying with national and international laws, we may, from time to time, periodically check the messages and broadcasts that you send.
8.1. Representation that Communications with Your Contacts Comply with the Law. You represent and warrant that the owners of the phone numbers you initiate messages or broadcasts to through the EZ Texting Services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information in your messages or broadcasts when required to do so by any applicable law or regulation, and that you will otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if it is applicable to your messages.
You further agree that any individuals requesting Do-Not-Call ("DNC") status shall be immediately placed on your DNC accounts list and you further agree that you will not initiate any further messages or broadcasts to any individuals after they request DNC status.
8.2. Agreement to Learn About and Comply with the Relevant Laws. You agree to familiarize yourself with and abide by all applicable local, state, national, and international laws and regulations pertaining to your use of our Services. You are solely responsible for all acts or omissions that occur under your account, including, without limitation, the content of the messages and broadcasts that you create and initiate through our Services. The Telephone Consumer Protection Act (TCPA), Federal Trade Commission and Federal Communications Commission rules, the National DNC list registry rules, and various state laws, rules, and regulations place restrictions on certain types of phone calls and text messages. Without limiting the foregoing, you agree to familiarize yourself with the legal requirements triggered by any messages, calls, broadcasts, and campaigns transmitted through the EZ Texting Services by visiting the following websites:
Federal Trade Commission, http://www.ftc.gov
Federal Communications Commission, http://www.fcc.gov
National Do Not Call (DNC) Registry, http://www.donotcall.gov
EZ Texting is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy, and it is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts, and campaigns prior to using the EZ Texting Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.
8.3. Prohibited Uses of Our Services. You accept that our Services are provided for professional use only, and you agree that your use of our Services shall not include:
Sending unsolicited marketing messages or broadcasts (i.e., spam);
Sending any prohibited calls to life-line services, such as hospitals, fire, police, 911, or utility- related telephone numbers;
Using strings of numbers, as it is unlawful to engage two or more lines of a multi-line business;
Harvesting, or otherwise collecting, information about others without their consent;
Misleading others as to the identity of the sender of your messages or broadcasts by creating a false identity, impersonating the identity of someone/something else, or by providing contact details that do not belong to you;
Transmitting, associating, or publishing any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind;
Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights, and right of publicity;
Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots, or any other harmful or deleterious programs;
Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies, or procedures of such networks;
Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies, or procedures of such networks;
Interfering with another's use and enjoyment of our Services;
Engaging in any other activity that EZ Texting believes could subject it to criminal or civil liability.
You agree to provide legal contact information in any outbound campaign within any voice broadcast's initial greeting message. You also agree to provide your own sound files for all outbound voice broadcast campaigns. EZ Texting will not be liable for any misuse of the Services by you. EZ Texting is not responsible for the views and opinions contained in any of your messages or broadcasts. You further agree that EZ Texting is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and that EZ Texting will only transmit them on a basis of good faith that you use the Services in accordance with these Terms.
8.4. No Intentional Calls to Non-RBOC Areas. You agree that you will not purposely route calls to high-cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the EZ Texting system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. EZ Texting will address any excessive routing of high-cost calls by a Customer, and fines may be assessed to recover excess charges from EZ Texting VoIP termination companies.
9. Other Limitations
The following is a list of prohibitions and limitations on your use of our Services.
9.1. Use for Emergency Services Prohibited. You will not attempt to use our Services to access or allow access to Emergency Services.
9.2. Reverse Engineering Our Software Prohibited. Except as allowed by applicable law, you will not reverse engineer, decompile, disassemble, derive, or otherwise create, attempt to create or derive, or assist anyone else to create or derive the source code of any software provided in connection with our Services.
9.3. Right to Reclaim Phone Numbers. We reserve the right to reclaim any phone number from your account and to return that number to the relevant numbering plan if you do not send sufficient traffic over that phone number, such that the phone number is unutilized or underutilized, as defined by any local or federal regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. When reclaiming unutilized or underutilized phone numbers, we will notify you at least fourteen (14) days in advance, unless we are prevented from doing so by the relevant carrier regulatory agency or governmental organization.
We also reserve the right to reclaim phone numbers with no notice to you if your account is suspended for failure to pay or for suspected fraud, as well as if your free trial account is unutilized for more than thirty (30) days.
9.4. EZ Texting Is Customer of Record. You acknowledge that EZ Texting is the "customer of record" for all phone numbers provided as part of our Services. As the customer of record, we have certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Terms. Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number in our sole discretion.
10. Content Submission
10.1. Confidential or Proprietary Information. You agree that any information or materials that you or individuals acting on your behalf provide to EZ Texting (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. Furthermore, except as otherwise required for your use of the Services as contemplated herein, you should not send any confidential or proprietary information to EZ Texting via the EZ Texting Sites or the email addresses referenced on the EZ Texting Sites.
10.2. Your Rights in the Information. In connection with such information and materials, you warrant and represent to EZ Texting that you have all rights, title, and interests necessary to provide such content to EZ Texting and that your provision of the content to EZ Texting does not infringe any third party's proprietary or personal rights, including, but not limited to, any trademark, copyright, patent, or trade secret. By providing any such information or materials to EZ Texting (other than information required for your use of the Services as contemplated herein), you grant to EZ Texting an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials. You further agree that EZ Texting is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to EZ Texting.
10.3. Online Forums. EZ Texting may at its option provide you with one or more areas within the EZ Texting Sites for online discussions (e.g., a message board, wiki, chat room, or blog). Should you choose to participate in such a forum, you agree to not utilize the forum for illegal or inappropriate purposes. EZ Texting reserves the right, but will not be obligated, to edit or delete postings to its forums at any time and for any reason. EZ Texting shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
11. Intellectual Property
11.1. No Customer Right to EZ Texting Intellectual Property. You are permitted to access the EZ Texting Services and any content provided by EZ Texting (which may include text, images, hosted software, sound files, video, or other content and which may be provided via the EZ Texting Sites or otherwise) solely for the purpose of receiving information about EZ Texting's business and products, purchasing and utilizing our Services, communicating with us, entering prize promotions offered by us, or as otherwise stated on the EZ Texting Sites. EZ Texting hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the EZ Texting Services solely for that purpose.
We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the EZ Texting Sites. Except as expressly provided in these Terms, the availability of the Services and the EZ Texting Sites does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets, and other intellectual proprietary rights contained in the EZ Texting Services are the sole property of EZ Texting or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services, including any proprietary communications protocol used by the Services without the express written permission of EZ Texting. All other trademarks or trade names are the property of their respective owners, and such material may not be copied, downloaded, redistributed, modified, or otherwise exploited, in whole or in part, without the permission of the owner.
11.2. Compliance with the Digital Millennium Copyright Act. EZ Texting abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by EZ Texting and that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. EZ Texting does not control content hosted on third party websites, and we cannot remove content from sites it does not own or control.
If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with EZ Texting's rights and obligations under the DMCA and, in particular, section 512(c). They do not constitute legal advice.
11.3. Filing a Notice of Infringing Material Under the DMCA. To file a notice of infringing material on a Site owned or controlled by EZ Texting, please provide a notification containing the following details:
1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example, the title, author, any registration or tracking number, and URL);
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material);
3. Your contact information so that we can contact you (for example, your address, telephone number, or email address);
4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your physical or electronic signature.
Then, email this notice to [email protected].
12. Communications About EZ Texting Services
12.1. Newsletters. With the exception of Services obtained through ClubTexting.com, any email addresses submitted when registering for a new account to use EZ Texting Services are automatically added to the EZ Texting newsletter. To opt into the separate newsletter offered through ClubTexting.com, you must register at https://www.clubtexting.com/blog.
To unsubscribe from any EZ Texting newsletter except for the one offered by ClubTexting.com, please email [email protected] from the email address you want unsubscribed and ask to unsubscribe from the newsletter. To unsubscribe from the ClubTexting.com newsletter, please email [email protected] from the email address you want unsubscribed and ask to unsubscribe from that newsletter.
12.2. Communications About Our Services. By creating an account with EZ Texting, you agree that EZ Texting may contact you via calls, text messages, or email to provide you with information about your account, transactions, and/or the EZ Texting Services requested by you.
To the extent you have separately agreed to receive periodic text or voice alerts about products, services, events, special offers, or other promotional messages related to EZ Texting Services, EZ Texting may contact you pursuant to the terms of any such separate agreement.
13. Payments
Your use of our Services is contingent on your paying for such use (whether paid in advance or through the purchase of credits on the EZ Texting Sites), in the amounts and using the methods indicated on the EZ Texting Sites. Your payment for the Services, Credits (as defined below in Section 14), keywords, DIDs, usage-sensitive fees, and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when EZ Texting receives the full amount of payment owed for such Services, Credits, keywords, DIDs, usage-sensitive fees, and/or plans. You are responsible for paying for any message or broadcast you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As EZ Texting is dependent on other entities for the delivery of your messages and broadcasts, our price per credit may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time and without prior notice.
EZ Texting will charge your indicated method of payment for the Services, Credits, keywords, DIDs, usage-sensitive fees, and/or plans immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes, where applicable, and any other amounts indicated on our Sites. EZ Texting will assess an additional charge based on the costs EZ Texting incurs for porting each DID number assigned to you that you request to be ported within six months of the original assignment by EZ Texting, and EZ Texting may further restrict your ability to port telephone numbers assigned to you by EZ Texting consistent with FCC regulations. Your account will be credited within 24 hours of EZ Texting verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by EZ Texting.
EZ Texting cannot readily or accurately ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in California and is subject to any applicable California taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by EZ Texting, you agree that you will pay them to any applicable taxing authority when due, including any interest or penalties assessed.
EZ Texting shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
As between you and EZ Texting, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. Standard charges apply to any test call sent originating from your account or initiated using your API key.
In the event of accidental under billing in favor of a Customer and a Customer's subsequent nonpayment, EZ Texting shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys' fees incurred from counsel of EZ Texting's choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.
14. Credits
14.1. Using Credits. Credits are paperless vouchers that you purchase and which facilitate the transmission of the EZ Texting Services selected by you. Both the chosen route and the destination of a message or broadcast impact the amount of credits required for each transmission of our Services. Additionally, the value of credits may change over time as the cost of transmission changes, and thus you acknowledge that the number of credits needed to utilize the Services may change correspondingly. The pricing information, however, will always be made known beforehand through the Pricing Pages on our EZ Texting Sites. The submission of a seemingly-valid message or broadcast will cause an associated quantity of credits to be debited from your account, and you can obtain the real-time status of your account at any time through the online interface.
14.2. Expiration of Credits and Prepaid Minutes. Credits purchased as a part of a package or monthly plan (including any additional credits purchased during your monthly billing cycle as part of an upgrade to your plan) and not used within the month of purchase expire at the end of the month, unless the plan explicitly provides for a roll-over of credits. Individual anytime, nonmonthly plan credits purchased through your account automatically expire after 12 months from the date of purchase, unless otherwise stated at the time of purchase. Credits are purchased on a first-bought, first-to-expire basis. Any unused value shall be forfeited upon expiration.
All prices, per-minute rates, and billing increments for credits are subject to change at any time due to fluctuations in market conditions. You may request a full refund of any unused, nonmonthly plan credits within one (1) business day of purchase. No other refunds will be given.
14.3. Right to Offer Customized Plans. Notwithstanding the above, we may, in our sole discretion, offer customized plans that provide for individualized terms concerning credit expiration, billing cycles, account maintenance fees, and other agreed-upon terms. We reserve the right to do so without publicly listing the pricing for these customized plans on our Sites.
15. Fee Disputes
You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement. You must provide that written notice to us within ninety (90) days of the applicable charge, and we will work together with you to promptly resolve the applicable dispute. If you do not provide us with this written notice of your fee dispute within this 90-day period, you will not be entitled to dispute any fees paid or payable by you.
16. No Warranty; Limitation of Liability
EZ Texting reserves the right to modify, suspend, or discontinue the offering of any of the EZ Texting Services at any time and for any reason without prior notice. Further, while EZ Texting utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, we cannot guarantee the security or integrity of the data and shall not be liable for breaches of security or integrity, third-party interception in transit, or any damage caused to your computer or other property by your use of the EZ Texting Services.
You acknowledge that text messages and voice broadcasts are transmitted unencrypted and that eavesdropping of communications by third parties is possible. EZ Texting recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
EZ Texting shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. EZ Texting will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs); for any act or omission of a third party (including those vendors participating in EZ Texting offerings made to you); for equipment that we do not furnish; or for damages that result from the operation of customer-provided systems, equipment, facilities, or services that are interconnected with the Service.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE EZ Texting SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, EZ Texting DOES NOT WARRANT THAT THE USE OF THE EZ Texting SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED, TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., HACKING), NOR SHALL EZ Texting BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. EZ Texting ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR THAT THE EZ Texting SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS.
EZ Texting MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WARRANTIES RELATED TO THIRDPARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.
EZ Texting SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE EZ Texting SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT, SOFTWARE, OR DATA, EZ Texting IS NOT RESPONSIBLE FOR THOSE COSTS. EZ Texting'S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE EZ Texting SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO EZ Texting HEREUNDER.
17. User Warranties; Indemnification
You warrant and represent to EZ Texting that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder and that nothing contained in these Terms or in the performance of these obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules, and regulations with regard to your use of the EZ Texting Services, including, without limitation, the TCPA, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.
You agree to indemnify and hold harmless EZ Texting and our affiliates, as well as each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers, and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs, and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements, and attorneys' fees, including attorneys' fees incurred from counsel selected by EZ Texting in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action based upon or arising out of your activities under these Terms or your acts or omissions in connection with any use by you, an account belonging to you, or a computer under your control, of the EZ Texting Services. You acknowledge and agree to be held liable for any and all damages caused to EZ Texting by you as a direct result of any violation of local, state, national, or international laws or regulations, including, but not limited to, those damages arising from your fraudulent, intentional, or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing, and/or services provided by EZ Texting to you.
You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and in which we would otherwise subject to indemnification by you. You will also be liable to us for any costs and attorneys' fees we incur to successfully establish or enforce our right to indemnification under this Section.
18. Termination, Cancellation, and/or Suspension by EZ Texting
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text:
Let me tell you a story about a moment in my life I'm not likely to forget even if, with the passage of years, so much around it has grown fuzzy. It involves a broken-down TV, movies from my childhood, and a war that only seemed to come closer as time passed.
My best guess: it was the summer of 1969. I had dropped out of graduate school where I had been studying to become a China scholar and was then working as a "movement" printer – that is, in a print shop that produced radical literature, strike posters, and other materials for activists. It was, of course, "the Sixties," though I didn't know it then. Still, I had somehow been swept into a new world remarkably unrelated to my expected life trajectory – and a large part of the reason for that was the Vietnam War.
Don't get me wrong. I wasn't particularly early to protest it. I think I signed my first antiwar petition in 1965 while still in college, but as late as 1968 – people forget the confusion of that era – while I had become firmly antiwar, I still wanted to serve my country abroad. Being a diplomat had been a dream of mine, the kind of citizenly duty I had been taught to admire, and the urge to act in such a fashion, to be of service, was deeply embedded in me. (That I was already doing so in protesting the grim war my government was prosecuting in Southeast Asia didn't cross my mind.) I actually applied to the State Department, but it turned out to have no dreams of Tom Engelhardt. On the other hand, the US Information Agency, a propaganda outfit, couldn't have been more interested.
Only one problem: they weren't about to guarantee that they wouldn't send a guy who had studied Chinese, knew something of Asia, and could read French to Saigon. However, by the time they had vetted me – it took government-issue months and months to do so – I had grown far angrier about the war, so when they offered me a job, I didn't think twice about saying no.
Somewhere in that same year, 1968, I joined a group called the Resistance and in an elaborate public ceremony turned in my draft card to protest the war. For several years, I had been increasingly involved in antiwar activism, had marched on the Pentagon in the giant 1967 processional that Norman Mailer so famously recorded in Armies of the Night, and returned again a year or two later when, for the first time in my life, I got tear-gassed.
For a while, I had also been working as a draft counselor with a group whose initials, BDRG, I remember. A quick check of Google tells me that the acronym stood for the Boston Draft Resistance Group. Somewhere in that period, I helped set up an organization whose initials I also recall well: the CCAS. Though hardly an inspired moniker, it stood for the Committee of Concerned Asian Scholars. (That "concern" – in case it's not clear so many years later – involved the same war that wouldn't end.) With a friend, I designed and produced its bulletin. As one of those "concerned scholars," I also helped write a group antiwar book, The Indochina Story, which would be put out by a mainstream publishing house.
Of course, there's much that I've forgotten and I can't claim that all of the above is in perfect order. Even at the time, life was a blur of activism. Nearly half a century later, I'm a failing archive of my own life and so much seems irretrievable.
My intention here, however, is simply to offer a sense of how so many lives came, in part or in whole, to revolve around that war, while other things went by the wayside. It's true that our government hadn't mobilized us, but we had mobilized ourselves. Though much has been written about "dropping out" in the 1960s, this antiwar form of it has been far less attended to.
Images of War
So much of what I'm describing must seem utterly alien today. At a time when America's endless wars might as well be millions of miles from our shores (and the national security state desperately needs a few "lone-wolf" Islamic terror types to drive home how crucial it is to our protection), it's hard to remember how large the Vietnam War once loomed in our national life. In this age in which Americans have been demobilized from the wars fought in our name, who recalls how many people took to the streets how repeatedly in those Vietnam years, or how much the actions of our government were passionately debated from Congress to kitchens, or how deeply plagued and unnerved two American presidents were by the uproar and fuss? Who remembers how little the antiwar movement of that moment was a weekend operation and how central throwing some kind of monkey wrench into that war became to so many lives?
Much of the tenacious antiwar opposition of that era, when thought about now, is automatically attributed to the draft, to the fact that young men like me were subject to being called up and sent thousands of miles from home to fight in a conflict that looked more brutal, despicable, and even criminal by the second. And there is, of course, some truth to that explanation, but it's a very partial, dismissive truth, one that, for instance, doesn't explain the vast number of young women who mobilized against the war in those years.
While the draft was a factor in the growth of war consciousness, it was hardly the only one. It's easy to forget that a generation raised in the Golden Fifties believed the American system would work for them and that, if it didn't, it was the obligation of the citizen to try to fix it. Those young people were convinced that, if you spoke up loudly enough and in large enough numbers, presidents would listen. They also believed that you, as an American, had an obligation to step forward, to represent the best in your country, to serve. Hence my urge to join the State Department. In other words, I came from a generation primed – in part by the successes of the Civil Rights Movement (when it seemed that presidents were listening) – to believe that, in a democratic country, protest worked.
Of course, by the time the antiwar movement took off, it was hardly stylish to admit to such sentiments of service, but that didn't make them less real. They were crucial to a passionate protest that began mainly with students but grew to include everyone from clergy to businessmen, and that, in its later years, would be led by disillusioned military veterans home from the country's Southeast Asian battlefields.
The importance of an antiwar movement that refused to stand down, that – while two administrations continually escalated the killing in Vietnam and spread it to Laos and Cambodia – never packed up its tents and went home, can't be emphasized too strongly. Its refusal to shut up brought Vietnam, both literally and figuratively, to America's doorstep. It made that grim war a living (and dying) presence in American lives – and no less important was what it made present.
Somehow, from so many thousands of miles away, we were turned into witnesses to repeated horrors on a staggering scale in a small, largely peasant land: free-fire zones, the body count, torture, assassination, war crimes, the taking of trophy body parts, and above all the feeling that a spectacle of slaughter was occurring and we were responsible for it. We here at home had a growing sense of what it meant for the US military to fight a war against guerilla forces (which, at least on the left, came – unlike the Islamic insurgents of the twenty-first century – to look ever more heroic and sympathetic), with every means available short of nuclear weapons. That included bombing campaigns that, in the end, would outdo in tonnage those of World War II.
The images of that time still remain with me, including Ron Haeberle's horrific photos of the My Lai massacre, which appeared in LIFE magazine in December 1969, and Associated Press photographer Nick Ut's iconic 1972 shot of a young Vietnamese girl napalmed by a South Vietnamese plane and caught in pain and terror running naked down a road.
If you were in the antiwar movement in those years, you couldn't help coming across testimony by American soldiers who had been in Vietnam and were ready to paint a nightmarish picture of what they and their companions had seen or done there. In the growing alternative or (as it was romantically termed then) "underground" press of those pre-Internet days, snapshots of unbearable atrocities were soon circulating. These undoubtedly came directly from soldiers who had snapped them, or knew those who had, or were like the servicemen – stirred to action by a growing military antiwar movement – who appeared at the Winter Soldier Investigation in 1971. There, they essentially testified against themselves on the commission of war crimes. Others similarly moved handed such photos over to alternative publications.
I've never forgotten, for instance, a trophy shot I saw in those years, of an American soldier proudly holding up a severed Vietnamese head by the hair. (If you want to imagine the impact such photos had, click here to see one that circulated in the alternative press at that time.)
In those years, thanks to the efforts of the antiwar movement, the Vietnamese – the dead, the wounded, the mistreated, as well as "the enemy" ("Ho, Ho, Ho Chi Minh, NLF Is Gonna Win!") – seemed to come ever closer to us until, though I was living in quiet Cambridge, Massachusetts, I sometimes had the eerie feeling that Vietnamese were dying right outside my window. In the post-9/11 American world, that sounds both ludicrous and histrionic. You'll have to take my word for it that I'm not exaggerating and that the sensation was visceral indeed.
A Spectacle of Slaughter
Which finally brings me to that clunky television set. At some point in 1968 or 1969, I got an old black-and-white TV. I have no idea whether I bought it or someone gave it to me. I do remember one thing about it, though. In that era before remote controls, the dial you turned by hand to change channels was broken, so I used a pair of pliers. Sometimes, I had it running on my desk while I worked; sometimes, it was propped on a chair, just an arm's reach from my bed. (Remember those pliers!) And in the off hours when old movies filled schedules on secondary channels, I began to re-watch the westerns, adventure films, and war movies of my childhood.
I no longer know what possessed me to do so, but it became an almost obsessional activity. I watched at least 30 to 40 of them, no small feat in the era before you could find anything you wanted online at a moment's notice. Keep in mind that those films from the 1930s, 1940s, and 1950s – grade B-westerns, John Wayne-style World War II movies, and the like – were for me the definition of entertainment sunny side up. I had only the fondest memories of such films, in part because they were bedrock to the American way of life as I understood it.
You always knew what to expect: the Indians (or Mexicans, or Japanese) would fall in vast numbers, the cavalry would ride to the rescue in the nick of time, the Marines – it hardly needed to be said – would advance triumphantly before the movie ended, the West would be won, victory assured. It was how it was and how it should be.
Add in a more personal factor: my father had been in World War II in the Pacific. It wasn't something he generally cared to talk about. (In fact, it made him angry.) But he often took me to such films and when we sat together in silence in some movie theater watching Americans fight his war (or cowboys and blue shirts fight the Indian wars), I felt close to him. In that shared silence, I felt his stamp of approval on what we were watching. If he and his generation were far more conflicted and less talkative about their war experiences than we now like to remember, they really didn't need to say much in those days. After all, we kids knew what they had done; we had seen it sitting beside them at the movies.
Imagine my shock, on looking at those films again so many years later – with that visceral sense of Vietnamese dying in my neighborhood – when I realized that the sunniest part of my childhood had been based on a spectacle of slaughter. The "Vietnamese" had always been the ones to fall in staggering numbers just before the moment of victory, or when the wagon train again advanced into the West, or the cowboy got the girl.
Consider this my own tiny version of the disillusionment so many experienced with the previously all-American in those years. Our country's triumphs, I suddenly realized, had been built on conquest and on piles of nonwhite bodies.
Believe me, looking back on one of the sunniest parts of my childhood from that antiwar moment was a shock and it led me to produce "Ambush at Kamikaze Pass," the first critical essay of my life, for the Bulletin of Concerned Asian Scholars. "Anyone who thinks the body count is a creation of the recent Indochinese war," I wrote then, "should look at the movies he saw as a kid. It was the implicit rule of those films that no less than ten Indian (Japanese, Chinese…) warriors should fall for each white, expendable secondary character." Almost a quarter century later, it would become the heart of my book The End of Victory Culture.
The Spectacle of Slaughter Updated
In 2015, the spectacle of slaughter is still with us. These days, however, few Americans have that sense that it might be happening right down the street. War is no longer a part of our collective lives. It's been professionalized and outsourced. And here's the wonder of it all: since 9/11, this country has engaged in a military-first foreign policy across much of the Greater Middle East and northern Africa, launching an unending string of failed wars, conflicts, raids, kidnappings, acts of torture, and drone assassination programs, and yet Americans have remained remarkably unengaged with any of it.
This is not happenstance. There is, of course, no draft. President Richard Nixon ended it in 1973 with the demobilizing of the antiwar movement in mind. Similarly, the military high command never again wanted to experience a citizen's army reaching an almost mutinous state and voting with its feet or its antiwar testimony or its medals. Ever since Vietnam, the urge of successive administrations and an ever-expanding national security state has been to fight wars without the involvement of the American people (or the antiwar version of democratic oversight). Hence, the rise of the warrior corporation and the privatization of war.
Especially after 9/11, a kind of helplessness settled over Americans left out in the cold when it came to the wars being fought in their name. In some sense, most of us accepted our newly assigned role as a surveilled and protected populace whose order of the day was don't get involved.
In other words, amid all the military failures of this era, there was a single hardly mentioned but striking victory: no antiwar movement of any significance proved to have staying power in this country. Osama bin Laden can, at least in part, be thanked for that. The 9/11 attacks, the shock of the apocalyptic-looking collapse of those towers in New York, and the loss of almost 3,000 innocent civilians inoculated America's second Afghan War – launched in October 2001 and still ongoing – against serious protest.
The invasion of Iraq would prove another matter entirely. That act of Bush administration hubris, based on kited intelligence and a full-scale White House propaganda campaign filled with misinformation, brought briefly to life something unique to our era: a massive antiwar movement that preceded the launching of the war it was protesting. Those prewar demonstrations, which stretched worldwide, ran into the hundreds of thousands and were impressive enough that the New York Times front-paged "public opinion" as the other "superpower" in a post-Cold War world.
But as soon as the Bush administration launched its much-desired invasion, the domestic movement against it began to crumble. Within a couple of years – with the exception of small groups of antiwar veterans – it was essentially dead. In the end, Americans would generally live through their twenty-first-century wars as if they weren't happening. There would neither be an everyday antiwar movement into which anyone could "drop out," nor a population eager to be swept into it. Its lack would be a modest tragedy for American politics and our waning democracy; it would prove far more so for Afghans, Iraqis, Yemenis, and others.
For the spectacle of slaughter itself continued, even if few in this country were tuning in. Don't consider it a fluke that the war culture hero of the period – on the bestseller lists and in Hollywood – was an American sniper whose claim to fame was that he had created his own singular body count: 160 "confirmed" dead Iraqis. Skip the unknown number of casualties of every sort (ranging from Iraq Body Count's 219,000 up to a million dead) that resulted from the invasion of Iraq and the chaos of the occupation that followed or the tens of thousands of civilian dead in Afghanistan (some at the hands of the Taliban and their roadside bombs, some thanks to US efforts). Consider instead the slaughter that can be connected to this country's much-vaunted "precision" air weaponry, which – so the claim has gone – can strike without causing what's politely termed significant "collateral damage."
Start with the drone, a robotic machine that guarantees one thing in the ongoing spectacle of slaughter: no American combatant will ever die in its operations, no matter how many Afghans, or Yemenis, or Iraqis, or Syrians, or Pakistanis, or Libyans, or Somalis may die when it releases its aptly named Hellfire missiles. From that heroic investigative crew, the Bureau of Investigative Journalism, we have an approximation of the casualties on the ground from Washington's drone assassination campaigns across the Greater Middle East, and they run into the thousands (including hundreds of children) and lots of what might be called the mistaken dead. Keep in mind that the most basic drone attack of Washington's wars in the Greater Middle East has been the "signature strike," as it's euphemistically known. These target not specific individuals, but groups on the ground that seem to fit certain behavioral patterns suspected of being telltale marks of terror outfits – particularly young men with weapons (in regions in which young men are likely to be armed, whatever their affiliations).
Or consider US air strikes targeting the Islamic State's forces in Iraq and Syria. Again, with the grim exception of one Jordanian pilot, there have, as far as we know, been no casualties among American and allied combatants. That shouldn't be a surprise, since the Islamic State (like just about every group the US Air Force has faced in the twenty-first century) is incapable of bringing down a fighter jet. In the last year, according to a recent report, the US and its allies have launched more than 5,700 strikes against Islamic State operations, claiming at least 15,000 dead militants. (Such figures, impossible to confirm on the ground under the circumstances, are undoubtedly fantasies.) The Pentagon has acknowledged only two civilian deaths from all these strikes, but a new study by Airwars of what can be known about just some of them indicates that hundreds of civilians have died, including more than 100 children.
To offer one more example, since December 2001 US air power has obliterated at least eight wedding parties in three countries (Iraq, Afghanistan, and Yemen). According to my count (and as far as I know there are no others), just under 300 people died in these eight strikes, including brides, grooms, and celebrants of every sort. Each of these incidents was reported in the western media, but none had the slightest impact here. They went essentially unnoticed. To put this in perspective, imagine for a moment the media uproar, the shock, the scandal, the 24/7 coverage, if anyone or any group were to knock off a single wedding party in this country.
And this just scratches the surface of Washington's long "global war on terror." Yet without an antiwar movement, the spectacle of mayhem and slaughter that has been at the heart of that war has passed largely unnoticed here. Unlike in the Vietnam years, it's never really come home. In an era in which successes have been in short supply for two administrations, consider this a major one. War without an antiwar movement turns out to mean war without pause, war without end.
Admittedly, American children can no longer catch the twenty-first-century equivalents of the movies of my childhood. Such films couldn't be made. After all, few are the movies that are likely to end with the Marines advancing amid a pile of nonwhite bodies, the wagon train heading for the horizon, or the cowboy galloping off on his horse with his girl. Think of this as onscreen evidence of American imperial decline.
In the badlands and backlands of the planet, however, the spectacle of slaughter never ends, even if the only Americans watching are sometimes unnerved drone video analysts. Could there be a sadder tale of a demobilized citizenry than that?
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subset: commoncrawl


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I had the pleasure of speaking at TechPhx over the weekend and fielding a lot of questions about how the law applies to blogging and podcasting, especially copyright, trademark, and privacy issues. The big take-home lesson surrounding copyright is usually "get permission" to use a photo on your site by using images from Creative Commons or asking the copyright holder for permission to use their work. (I've never had anyone tell me "no.")
But what do you do if there's an image you want to use and you can't tell who the copyright holder is to ask permission?
I would start by evaluating the situation where I found the photo and contact the website administrator if it's on a website or the profile owner if it's on a social media site and say something like, "This picture is really beautiful. Who took the photo?" or "Where did you find this photo?" I probably wouldn't ask, "Who is the copyright holder?" because a lot of people don't understand copyright law and they think that owning a photo or having a copy of the file means they own the copyright, when they don't.
I saw a situation where a publication asked a person if they could use some of the photos she posted on her social media site in an upcoming edition and she said "yes." Unfortunately, that person wasn't the copyright holder and she didn't understand that she didn't have the authority to give such permission. The publication thought they did everything right but because they didn't verify they had permission from the copyright holder, they had a bit of a mess to fix once the photographer learned what had happened and informed the publication that they used his work without his permission.
Another tactic I might use if I wanted to find a copyright holder is run the photo through the Google Image search engine to see where else the image is available online. That might reveal the original source.
Here's a video with more information about how to determine who is the copyright holder or whether is in the public domain.
If you can't determine who the copyright holder is to ask permission to use their work, you may want to ask yourself how important it is to use that particular image and whether a similar image that is available under Creative Commons.
If you want more information about how copyright law applies to blogging and social media, please check out my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to copyright and the internet. If you want to chat more about this topic, feel free to connect with me on Twitter, Facebook, YouTube, LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.


text: There is no dress code. In general, most schools are ok for teachers to wear casual clothes if they are clean and decent clothes but it is always safe and good to wear semi-formal clothes. For male teachers: collared shirts, dress shirts and sweaters with a nice pair of slacks would be ideal. Some schools may ask you to wear a tie, however by no means are they required through.For female teachers: collared blouses, dress blouses and sweaters with a pair of slacks or a nice long (knee-length) skirt would be the best.Mini-skirts, ripped or torn jeans or t-shirts with offensive slogans, as with teachers in American schools, would be frowned upon and you would be sent home to change. Keep in mind that you are trying to dress in a manner which presents you as a serious teacher to your students, students' parents and business directors.It may also be good idea to bring at least one business formal suit or outfit along to Korea, as you never know what occasions may pop up . The better prepared you are, the easier you'll be able to dress appropriately for any situation.


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Agitationism, on the one hand, is the condition of living under a constant flow of agitations, including the ones that you inevitably sometimes produce yourself. However, it is also the process of 'working through' them with the aim of seeking adaptation to a logic situated somewhere else beyond the entrapment between past, present, and future—three tenses that overlap in the contemporary moment, creating a kind of palimpsest of half undone histories, half imagined futures, and a present of phantasms as a consequence.
Curated by Bassam El Baroni with work by Bisan Abu-Eisheh, Doa Aly,Amanda Beech, Luis Camnitzer, Chimurenga, Jacqueline Doyen, GRRRR (Ingo Giezendanner), Nilbar Güreş, Iswanto Hartono & Raqs Media Collective, Rana Hamadeh, Siobhán Hapaska, Nicoline van Harskamp, Malak Helmy, David Horvitz, Luis Jacob, Jeffrey Charles Henry Peacock, Hassan Khan,Asier Mendizabal,Uriel Orlow, Garrett Phelan, Elizabeth Price, Walid Sadek, Miri Segal, Ann-Sofi Sidén, Praneet Soi and others.
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Interpreting Chinese definition of liberation in Tibet
NEW DELHI: China has violated terms of an agreement it signed on 23 May 1951 with Tibet by denying the promised "national regional autonomy" to the Tibetan people in running their affairs apart from international relations and defence, concluded the speakers at a panel discussion titled 17-Point Agreement: Liberation or Occupation of Tibet held yesterday at the India International Center in New Delhi. |
The discussion consisting of such distinguished speakers as Dr Swaran Singh, Professor for Diplomacy & Disarmament at Jawaharlal Nehru University; Dr Naresh Mathur, a Supreme Court lawyer; and Mr Bhaskar Roy, an eminent China analyst was chaired by Ambassador Dalip Mehta, former ambassador to Bhutan and the Central Asian Republics of Uzbekistan, Tajikistan and Turkmenistan.
Speaking through the lens of contemporary strategic and military implications in relation to the rise of China as well as the gradual evolution of India as another rising power in Asia, Dr Swaran Singh said the Chinese approach to the Agreement was not so much an operative formulation than a military one. "Rather than political-ideological terms, this Agreement is more of a hard-headed military strategic approach," Dr Singh said.
Quoting the late Indian leader Sardar Patel who had said Chinese imperialism was cruder and more aggressive than any witnessed in Europe, Dr Singh said the clauses of the Agreement are "glaringly imperial and one-sided" defined more by Chinese irredentism. Further, he said the provision of not altering the political system of Tibet in Article 4 of the Agreement was China's way of deceptively reassuring the Tibetans as it was in the case of freedom of speech clauses contained in the former Soviet Union's constitution where the Proletariat classes were assured that institutions will be created to implement this clause with an implicit rider that people were allowed to shout as long the shouting were in favour of the Party.
Dr Singh said hopes for changes in Tibet and China lie in how Tibetans both in and out of Tibet find a "desirable and feasible" weapon to strengthen their movement. If the strength of Tibetan movement effectively employs the Gandhian way of people power, the 17-Point Agreement could be used in favour of the Tibetans, he said, adding the ongoing discourse on democratisation in China and the challenges the regime in Beijing faces in this regard could in the long run tilt the balance making this Agreement to be seen a new light and relevance.
Reacting to Dr Singh's comments, an audience member said the weapon of the Tibetan people is not only their indomitable spirit and non-violent methods but also the support of millions of people around the world who believe in the principles of truth, justice, and freedom.
Ambassador Mehta said the Agreement is not inconsistent with the Middle Way proposal of seeking genuine autonomy for Tibet by His Holiness the Dalai Lama and wondered why China demonises His Holiness when what His Holiness seeks is merely the terms of the Agreement China sanctifies. With the agreement left unimplemented in various forms, he said it only exposes the "complete hypocrisy" of the Chinese government.
Mr Bhaskar Roy touched briefly on the history of Tibet-China relations before the signing of the Agreement and termed the Chinese claim of Tibet being an "integral part" of China "flimsy". He said the Chinese ambans living in Lhasa before 1912 were Chinese representatives in the court of the Dalai Lama, and did not have the status of governors as claimed by China. Such historical manipulations are visible in current Chinese attitudes towards issues such as the South China Sea. |
Mr Roy said the 17-Point Agreement was signed after the Chinese Communist forces had successfully attacked the Kham province of Tibet and controlled Chamdo, the provincial capital. Moreover, threats of force were used against the Tibetans into signing the document, he added, calling it the "worst kind of aggrandisement".
While there is no let-up in Chinese crackdown on Tibetans, a growing number of Chinese mostly intellectuals, activists, and lawyers have begun to question China's Tibet policy pointing out the glaring absence of autonomous powers for the Tibetan people. He referred to a 2008 report published by a Beijing-based Chinese NGO, the Gongmeng Law Research Centre, which, among others, stated that the money being spent in Tibet was not going to the Tibetans, but to the Chinese settlers.
Mr Roy said the dominance of hardliners in the Chinese leadership poses a great challenge, adding, even the late Chinese leader Deng Xiaoping -- in a rare gesture of extending the olive branch to His Holiness the Dalai Lama in 1979 to discuss all issues apart from independence -- couldn't stop the stiff resistance he faced from his hardline colleagues.
Speaking on the status and legality of the Agreement, Dr Naresh Mathur said this agreement had not been tested in any international forum and most importantly, no recourse exists to ensure its implementation. Even the provision to set up a committee overlooking the implementation as enshrined in Article 15 of the Agreement has not been fulfilled yet. Alluding to the gross violations, Dr Mathur asked, "If it is honoured in breach, what sort of agreement are we talking about?"
But the question of breach, Dr Mathur said, should also be viewed in tandem with Article 1 and 2 of the Agreement wherein some wordings such as "Tibetan people returning to the great motherland" suggest Tibet was a part of China before 1951. This, when independent international jurists including the groundbreaking 1959 report prepared by International Commission of Jurists, had recognised Tibet as an independent nation from 1912 to 1951.
Dr Mathur said even Britain had recognised Tibet as a "sovereign independent nation" for 94 years before British foreign minister David Miliband under the Gordon Brown government reneged in 2008 by abandoning the suzerain status it bestowed on Tibet at the 1914 Tripartite Simla Treaty, participated by the plenipotentiaries of Tibet, British India, and China. With the subsequent Chinese disavowal to execute the treaty, the tripartite agreement ended up as bipartite, he said, and China lost the concessions it received as having suzerain power on Tibet. In totality, the legal effect is an absence of the suzerainty element which in other words means the presence of sovereignty, he added.
The discussion was organised by the Core Group For Tibetan cause, an apex coordinating body of all the Tibet support groups in India. Dr N K Trikha, the National Convenor of the co-ordinating body gave the opening and closing remarks at the event.
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Journal Article
Mitigating Heavy Truck Rear-End Crashes with the use of Rear-Lighting Countermeasures
In 2006, there were approximately 23,500 rear-end crashes involving heavy trucks (i.e., gross vehicle weight greater than 4,536 kg). The Enhanced Rear Signaling (ERS) for Heavy Trucks project was developed by the Federal Motor Carrier Safety Administration (FMCSA) to investigate methods to reduce or mitigate those crashes where a heavy truck has been struck from behind by another vehicle. Visual warnings have been shown to be effective, assuming the following driver is looking directly at the warning display or has his/her eyes drawn to it. A visual warning can be placed where it is needed and it can be designed so that its meaning is nearly unambiguous. FMCSA contracted with the Virginia Tech Transportation Institute (VTTI) to investigate potential benefit of additional rear warning-light configurations as rear-end crash countermeasures for heavy trucks.


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Cas d'application
Rejuvenating a historic port
Founded in 1536, the Argentinean capital city of Buenos Aires has always enjoyed a close relationship with water. Even today, its port is one of the busiest in South America: connections by river or ocean allow transport with the continent and the rest of the world.
The Puerto Madero port opened in 1889, but all four dock areas were obsolete by 1907. Puerto Nuevo to the north was built instead, and Puerto Madero fell in significance. Proper revitalization began in the early 1990's, giving the local residents access to the good life, with the creation of office buildings, residences, and an abundance of parks. Grundfos solutions play an important part in several buildings in the new Puerto Madero.
The Situation
Malecom Building
At the Malecom Building, a 12-storey office tower, Grundfos solutions excel within pressure boosting, hot water distribution, wastewater, and fire fighting.
Four Grundfos Hydro Multi-E pressure boosting systems featuring 12 Grundfos CRE electronically speed-controlled in-line pumps make sure that there is enough water pressure for all areas of the building. These solutions work closely with the six Grundfos UPS 32-80B bronze circulator pumps, which distribute domestic hot water.
Six Grundfos SEG wastewater grinder pumps reduce particle size in the wastewater before discharging it. A complete fire fighting system consisting of a Grundfos NK 80-250/256 end-suction pump and CR 5-18 jockey pump round out the installations.
The Grundfos Solution
Trinidad Guevara and Juana Manso
This spacious apartment building benefits from Grundfos solutions as well. A Grundfos Hydro Multi-E with three Grundfos CRE electronically speed-controlled in-line pumps keeps water pressure up. They too partner with six Grundfos UPS 32-80B bronze circulator pumps, which distribute domestic hot water as well. Four Grundfos DP drainage pumps remove rainwater from parking areas, and 16 SEG grinder pumps serve the buildings wastewater needs.
The Outcome
Warm swimming pools
Four Grundfos CH-4 single-stage pumps distribute warm water to the four swimming pools of the Puerto Madero complex. What's more four Grundfos SP submersible pumps used for de-watering ensure the depression of the static level of underground water.


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Read Reviews
Fenwick 101: Remembering Millicent Fenwick on her 101st birthday
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Six Degrees of Millicent Blog:
"You couldn't invent Millicent Fenwick....She was unique. The best writers of fiction might have struggled to make her believable but they would have failed."
--former New Jersey Governor Thomas H. Kean, president of Drew University
Amy Schapiro has written the first biography of Millicent Fenwick, the popular and colorful New Jersey congresswoman. Affectionately remembered as the pipe-smoking grandmother who served as the model for Garry Trudeau's "Doonesbury" character Lacey Davenport, Fenwick defied such simplistic expectations to become, in the words of Walter Cronkite, "the conscience of Congress."
Born in 1910 into comfortable circumstances, Fenwick faced tragedy at an early age, when her mother was lost aboard the
. Following an upper-class childhood at boarding school and a failed marriage she began a 14-year career at
In the 1960s, Fenwick became involved in the Civil Rights movement and took part in local and state politics in New Jersey. Blessed with striking good looks and a sharp wit, she cut a glamorous figure, rising quickly through the ranks of the state Republican Party at a time when most of her peers were retiring. When this colorful, outspoken figure�one of only five New Jersey women ever elected to Congress� went to Washington in 1974 at age 64, her victory was portrayed by the media as a "geriatric triumph."
Schapiro's extensive interviews with Fenwick's son, Hugh, who granted her exclusive rights to Fenwick's personal papers, oral histories, letters, and photographs, provide rare insight into the life and career of one of America's most memorable politicians.


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Wick Trimmer
Our candles are hand-poured in small batches. The wax we use is vegan, non-GMO soy wax from a renewable source right here in North America. We put no additives in our wax. The wicks are metal-free cotton with a paper core. Our fragrance oils are high-quality with no phthalates, and many include bases made from essential oils.
When selecting candles, please consider the size of the room you will be burning the candle in. For more information, please check out our blog post here.
Mini Tin: 3.5 ounces, 1.75" tall / 2.65" diameter, 12-15 hours burn time.
Large Tin: 6.75 ounces, 2" tall / 2.95" diameter, 35-40 hours burn time.
Single Wick Glass Tumbler: 10 ounces, 4.125" tall / 3.125" diameter, 55-60 hours burn time
Triple Wick Glass Tumbler: 16 ounces, 3.6" tall / 4" diameter, 80-85 hours burn time
- If you or your recipient reside in an apartment, dorm or other community housing, we kindly recommend ensuring the office receives parcels and has secure pickup arrangements before placing your order.
- From late spring to early fall (depending on your climate), we recommend having the boxes delivered to a location where they are less likely to be left outside in high temperatures or direct sunlight for prolonged periods of time.
- In the summer months, we only ship on Monday and Tuesday. This keeps the parcel in transit and helps to avoid long weekends stuck in hot shipping vehicles.
- In the winter months, please allow the glass candles to come to room temperature before lighting.
The first few times you light your candle is very important. Please plan on lighting it at a time when it can burn for a minimum of 4 hours. Allow the wax to melt as close to the edge of the vessel as possible before extinguishing. If you extinguish the candle prior to this, it will have trouble melting that excess wax during future burns. This is called "tunneling" and results in poor burning.
Trim your wick to 1/4 of an inch before each lighting. Make sure the candle has not been lit for at least 3 hours before re-lighting. Try to keep wick trimmings and debris out of the wax melt pool. Keep the lid on the candle when not in use. Please avoid placing the lid on the candle when it is lit; instead, blow out the candle then place the lid on top.
Always keep the candle on a firm and even, heat-resistant surface. Keep it away from drafts, pets and children.


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Recommended For
Chiropractic Massage Therapy is recommended for a number of conditions and illnesses. It remains an excellent way to help the body heal itself and rid itself of any potential toxins that build up in the system.
Some of the conditions it is recommended for include:
- Arthritis
- Injury pevention and rehabilitation
- Immune system issues
- Muscle spasms
- Insomnia
- Fibromyalgia
- And more!...