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October 20, 2000
On October 16, 2000 the FDA's Antiviral Drugs Advisory Committee met to explore issues around what advice the Agency should give to industry on development and approval of immune-based treatments (see announcement in AIDS Treatment News #351, September 22, 2000). It seemed widely agreed that the meeting went well, and was important and successful in that it happened at all. But clearly it did not crack the critical question it had been called to address: How might the FDA encourage or at least not impede research into immune-based treatments for HIV, given current scientific understanding and commercial constraints?
In the end we sensed that while the meeting illuminated many of the issues, it could not approach a solution to the central problem, because within the constraints of prevailing thinking there is in fact no solution. If this is true, then at least in AIDS, the path forward on immune-based therapies -- one of the most critically important frontiers of medicine -- will have to come from unexpected developments, not through public policy.
This article presents our analysis. See below for references to the FDA's Web site for a transcript and other information about this meeting.
Since immune-based therapy will clearly be important not only for HIV and other infectious diseases but for cancer, autoimmune diseases, and probably a considerable number of other conditions as well, it would seem to make sense for a large company to conduct research and development in order to build position and leadership in the larger area, even if there is no visible path of return for the investment. But U.S. business is judged on short-term not long-term results -- and the so-called "innovator" pharmaceutical companies are primarily driven by a marketing not a research culture, so long-term "blue sky" funding by industry is scarce.
In HIV, a new antiretroviral can be initially approved for market based on safety data and improvements in viral load. But there is no similar test for approval of immune therapies. There are dozens of "biological markers" of immune function -- but no accepted "surrogate marker" which can be used for drug approval. While many of the biological markers can have abnormal levels in persons with AIDS, and drugs might be developed to move these values toward normal, there is no proof yet that doing so will necessarily benefit the patient. And without that proof, the FDA is understandably unwilling to approve the drug.
What is a "surrogate" marker? Before viral load and CD4 count were accepted (within limits) for drug approval, any new drug for treating HIV was expected to show benefit through reduction of "clinical endpoints" -- generally interpreted to mean death or a major AIDS-related complication (one serious enough to end the clinical trial for that patient, who was then considered a treatment failure for research purposes). A "surrogate" marker is a blood or other laboratory test which is accepted as being able to substitute for death or other clinical endpoint for the approval of a new drug.
What about using viral load as a surrogate marker for immune-based treatments as well as for antivirals? This is a serious possibility, and was discussed extensively at the meeting. But current policy is that a surrogate marker is specific to a class of drugs -- so viral load is accepted only for approval of new antiretrovirals, but not for immune-based therapies (unless it is separately established as a surrogate for them). And another obstacle is that while one would probably expect a good immune-based therapy to substantially reduce viral load, that is a lot to ask in the early stages of development of these treatments.
Another possibility being discussed is that an immune-based treatment might in theory prove itself by extending the average time before viral rebound during a treatment interruption.
Without an accepted surrogate marker of some sort, immune treatments have been required to show that they can reduce clinical endpoints. (The large trial of Remune, the HIV immunogen developed by the late Dr. Jonas Salk, was an attempt to do just this. The large trials of IL-2 which are now recruiting are also an attempt to prove an immune-based treatment through clinical endpoints -- although it is far from clear that these trials, even if successful, would validate CD4 count, the candidate marker which led to the trials, as a general-purpose surrogate marker for other immune-based therapies in the future, since an increase in the CD4 count can mean many different things).
As these trials illustrate, in the United States today it is almost impossible to meet the clinical-endpoint burden of proof, even if the treatment could in fact greatly reduce clinical endpoints. Due to the success of antiretrovirals there are fewer deaths and AIDS-related infections today -- and of course all participants must be offered the best antiretroviral therapy available. A trial might be put together of patients who have failed all antiretrovirals and decided to stop taking them, so that clinical endpoints are more likely -- but such a trial would include highly diverse, advanced patients who had proved difficult to treat for various reasons, making it hard to prove a new drug in such a trial.
One is that there is more diversity among immune-based treatments than among antiretrovirals. All antiretrovirals share a common target -- HIV. But immune-based treatments can be fundamentally different from each other, and a marker appropriate for one might not be for others.
Another serious problem is that a surrogate marker, as understood today, can only be established in a highly successful trial of a drug of the same class. So a surrogate marker is never available for the first drug of a new kind -- only for later ones. Since there is no immune-based HIV treatment today that has been proven to reduce death or other clinical endpoints, there is by definition no surrogate marker for immune-based HIV treatments. And if there is no viable opportunity to approve an immune-based drug, there will not be a marker. (Even worse, it turns out to be much more difficult for data to establish that a marker works, than to establish that a drug works -- making it even less likely that surrogate markers can be validated for approval of immune-based drugs.)
The bottom line is that today there is not even a substantial beginning of a professional consensus on how an immune-based treatment for HIV could be approved. Therefore, research and funding in the area are neglected -- completing the vicious circle, as little progress is made toward developing scientific consensus for the future. So the FDA called a meeting about this problem, and on October 16 the FDA's own experts and outside experts talked for a day, putting lots of information and issues on the table but with no real movement toward resolution. If the process continues as it is going now, the best prediction is that in a few years there will be a little more consensus, but no approved HIV immune-based drugs or markers. Then the FDA will call another meeting, and the experts will gather to talk again.
To see how a different outcome is possible, consider the history of viral load, the clearly successful surrogate marker for antiretrovirals. Today viral load is well established technically as a surrogate marker for antiretroviral treatments -- an outcome that would not have been possible without the great success of modern HAART treatments, which provided the successful trials through which this surrogate marker could be validated. But historically, viral load was used in drug approval ahead of full, rigorous statistical proof that it was a surrogate marker, because the mechanism made sense, and the alternatives were so grim. Today there is more skepticism about new treatments (mainly due to the side effects of antiretrovirals), so progress in immune-based markers might not follow the same path.
An engineering analogy might help to illustrate the choice before us. Assume that we have a digital video as a computer file, which must be transmitted online to anyone who requests a copy, so that they can view the video on their computer. Digital video files are likely to be very large and therefore difficult for some computer users to receive -- but they can be mathematically compressed to allow faster transmission. And here we have the choice. If the file must be received perfectly -- guaranteed not even one pixel changed -- then it cannot be compressed very much. But if we allow the possibility of minor errors that will probably never be noticed, the file can be made many times smaller.
The analogy with surrogate markers is that if we demand perfect proof, we will probably block drug development and prevent progress in immune-based therapies. But if we settle for less than perfection, and use our best judgment while accepting a small chance of being wrong, we could move much more rapidly in drug development, fueling basic research in immunology as well. Our concern is that this decision may not be made rationally, because many people like the idea of being right, and are attracted to the case for taking the time to do it right -- no matter what research opportunities will be sacrificed for the assurance of certainty.
Here are some specific suggestions for unblocking research in this field:
Even if the FDA can make a better medical decision than the "market" of HIV-treating physicians -- which could be debated -- that is not the right comparison. The issue is whether to let the medical community make that decision several years down the road, vs. not having the choice because the research and development were never done. If the FDA opens the door now, doctors will make their decisions in several years, with the benefit of the additional knowledge.
Today this change is unlikely, because the FDA's institutional dynamic -- like that of almost any active organization -- is to expand its role, not contract it. But we are facing an emergency here. Professional consensus could make a difference, and we need more discussion of this issue.
But in immune-based treatments for HIV, other kinds of proof of clinical benefit could lead to much faster results. For example, the treatment could be tested in patients who need continuous therapy to control thrush or other AIDS-related infection, to see if HIV treatment reduced the need for the other drugs, or otherwise benefit patients in measurable ways. Such trials could be much smaller than clinical-endpoint trials, and would produce results much faster, because they do not need to wait for thankfully rare events in order to get the data that counts.
What might most speed development of immune-based treatments and markers would be examples of clear success in the area. This week's announcement of a successful vaccine test in animals (see "Vaccine Advance: Monkeys Still Infected, but Protected from Illness," in this issue) is one. The research establishment must be able to move quickly to take advantage of unexpected success.
Copyright 2000 by John S. James. Permission granted for noncommercial reproduction, provided that our address and phone number are included if more than short quotations are used.
Back to the AIDS Treatment News October 20, 2000 contents page.
The content on this page is free of advertiser influence and was produced by our editorial team. See our content and advertising policies.


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Charlotte Hope
North v SouthHD
IMDb: 3.8
1h 36min
Two star-crossed lovers navigate through all-out war between the North and South criminal underworlds
Country: UK
Genres: Thriller
Actors: Freema Agyeman, Judith Alexander, Keith Allen, Geoff Bell, Steven Berkoff, Gary Cargill, Oliver Cotton, Steve Evets, Bernard Hill, Charlotte Hope, Paul Howell, Striker John, Dom Monot, Brad Moore, Roger Nevares
Miss You AlreadyHD
IMDb: 6.7
1h 52min
Milly and Jess have been best friends forever. They've shared everything since they were kids - secrets, clothes, laughs, substances, boyfriends... now they are trying ...
Country: UK
Actors: Drew Barrymore, Toni Collette, Paddy Considine, Tyson Ritter, Mem Ferda, Jacqueline Bisset, Lukas Rolfe, Charlotte Hope, Sophie Holland, Fjokra, Max Rinehart, Dominic Cooper, Grace Schneider, Sophie Brown, Lucinda Raikes
A United KingdomHD
IMDb: 6.6
111 min
Prince Seretse Khama of Botswana causes an international stir when he marries a white woman from London in the late 1940s.
Country: USA, UK, Czech Republic
Actors: David Oyelowo, Rosamund Pike, Tom Felton, Jack Davenport, Laura Carmichael, Terry Pheto, Jessica Oyelowo, Vusi Kunene, Nicholas Lyndhurst, Arnold Oceng, Anastasia Hille, Charlotte Hope, Theo Landey, Abena Ayivor, Jack Lowden

subset: commoncrawl


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Well known Mac accessory manufacturer Twelve South has taken a step into the iPhone case making business and released a wallet case which it is calling the BookBook. The BookBook case has been modelled on a vintage leather book cover and really does look the part; if you are into vintage type book covers!
Protect your iPhone 4 between two hard-back covers. Fold the covers back-to-back to talk. It feels great in your hand. BookBook allows edge-to-edge iPhone access. No frames in the way of your thumbs here. You can access all iPhone controls and ports with BookBook. Charge, sync and use the headphone jack while your iPhone is safe and sound in its phone book.
The BookBook case is also a wallet so you only need to carry one thing with you when you go out. It doess appear to be a very nice looking case but I am just not sure if I want my iPhone to look like an old book. The BookBook case is only available for the iPhone 4 at a price of $59.99. Take a look at the video after the break to see it in all its glory!
This post may contain affiliate links. See our disclosure policy for more details.


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Webelos Scout Activity Badges
These are the requirements as they appear in the 2003 edition of the Webelos Handbook (33452).
The following is a list of the Webelos Activity Badges and their requirements.
We have prepared worksheets that can be used (if desired) to document the work on each Activity Pin.
Click on a Webelos Activity badge name below for the current requirements. Right click on a worksheet link to save or print the optional worksheets in either Microsoft Word DOC format, or Adobe Acrobat Reader PDF format. Worksheets can help Scouts organize notes, listen actively, and document their work.
There are two markings that show the required Pins for the Webelos Badge and for the Arrow of Light. The markings are as follows:
* = Required for Webelos Badge ** = Required for Arrow of Light
The twenty Activity Badges are divided into five groups of four activities each.
The Groups and Activities are as follows:


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Ricky Haze - Heart & Soul [Unsigned Hype]
"First video off of Baltimore's artist Ricky Haze's "Bright Lights in the Distance" mixtape..."Heart & Soul" (produced by diamondstyleproductions)..follow at http://www.youtube.com/rickyhaze23 Mixtape can be downloaded for free at http://www.hotnewhiphop.com/en/view-album/10192- bright-lights-in-the-distance" [m]
Please click the "Report" button below if the video on this page is not working properly.
Comments will only be displayed by verified emails. No Spamming or Racism.


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I use Pinterest to find photos of clothing that I need for my novels. I was looking for Middle Eastern clothing for one of my novels when I came across this picture, a modern take on the sari made of this gorgeous coffee-colored material:
I use Pinterest to find photos of clothing that I need for my novels. I was looking for Middle Eastern clothing for one of my novels when I came across this picture, a modern take on the sari made of this gorgeous coffee-colored material:
Filed under Friday Pictures
Tagged as Indian, modern indian sari, Pinterest, sari
Welcome to Spun Stories, where I find books for book groups, give advice on the craft of writing, share tips on self-publishing, make bookclub recommendations, and spin stories from threads of the past
Thwarted Queen: A Saga About the Yorks, Lancasters and Nevilles
Cynthia Sally Haggard. Spun Stories Press, $18.99 paper (478p), ISBN 978-15120884-96; $5.99 e-book ISBN 978-0-9848169-1-0
As the Hundred Years War comes to an end and the War of the Roses is about to begin, the wife of Richard, duke of York, bears a son after a love affair. Here is a portrait of a woman trapped by power, a marriage undone by betrayal, and a king brought down by fear.
Cecylee Neville is 9 years old when she's betrothed to Richard Plantagenet, the Duke of York. Years after they marry, an affair she has one night leads to the birth of an illegitimate heir, an event that alters the course of history. As King Henry VI of Lancaster descends into madness, the house of York—comprised of Cecylee's husband and, later, her sons Edward, Richard and George—begins a long, hard-fought campaign, often marked by betrayal, to win the throne of
England for themselves.
Through careful, comprehensive research, Haggard creates a world rooted deeply in fact that's also rich with dramatic detail. Descriptions of Henry's descent into madness are particularly striking, as are the myriad relationships and duplicities that shaped the era, ultimately causing the war, which unfold intimately as Haggard couples fact with the affecting personal details.
"THWARTED QUEEN" is extremely interesting and cleverly written-I was completely enthralled! Lucy Bertoldi, HISTORICAL NOVEL SOCIETY.
"THWARTED QUEEN is a gripping, well-researched historical novel, revealing a violent age. Cecylee and the other characters are well-drawn, with great subtlety and depth." Lindsay Townsend, author of TO TOUCH THE KNIGHT.
"The author immerses the reader in a complex and vivid world that is depicted with persuasive confidence." Curtis Sittenfeld, author of AMERICAN WIFE.
"THWARTED QUEEN is a wonderful novel to introduce Cecily Neville and historical biographical fiction to young female readers." Mirella Patzer, author of THE PENDANT.
"Haggard delivers a swift epic that is both entertaining and informing. The writing is crisp and clear, the characters well-defined, and the emotion overflowing. This book has something for everyone—romance, intrigue, and plenty of action." US REVIEW OF BOOKS, May 2012.


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CavCom Custom Fitted Earset - 56" Y-cordESCY-AM2-56
CavCom Custom Fitted Earset - 56" Y-cord› ESCY-AM2-56
The CavCom Custom Earset delivers superior comfort and consistent communication. Ideal for every size and shape of ear but especially useful in fitting small and very large ear canals where foam or silicone plugs will not seal properly. The low profile fit is optimal for use with ear muffs in double hearing protection environments. Each earpiece is laser engraved with your name and build date for easy identification.


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Fill in the blank
When working with electrical systems, including multi-conductor cables, identification of conductors is an important issue. For example, on a new 480/277V, 3-phase, 4-wire system, the NEC requires you to identify conductors by phase or line and system [210.5(C)]. It is common practice to identify these ungrounded conductors with an outer finish (i.e., insulation color) that is: brown, orange, and yellow; gray for the grounded conductor; and green, green with one or more yellow stripes, or bare for the equipment grounding conductor. But when working on existing electrical systems, such as 480/277V, 3-phase, 4-wire systems, you should take care because the color __________ may have been used for an ungrounded conductor. Hint: See the Fine Print Note.
- white
- white with one or more colored stripes, other than green
- black with three distinctive white stripes on its entire length
- gray
Answer: D
As noted in the Fine Print Note of 200.6(E), "The color gray may have been used in the past as an ungrounded conductor. Care should be taken when working on existing systems." Although the FPN is cautioning electricians to be aware of the conductor with the outer gray color, it's possible that other colored conductors that are not normally used to identify ungrounded conductors may have been used as ungrounded conductors. So be careful out there!
Owen is the owner and president of National Code Seminars and the holder of master electrician certifications in 46 states. He can be reached at [email protected].


text: On Fri, Feb 19, 2010 at 05:18:17PM -0600, Rahul Nabar wrote: > I totally agree! Especially for my "tiny" storage capacity (~5 > Terabytes) the cost of the non-disk accessories > (enclosure+controllers+cables) is turning out to be several fold that > of the disks themselves! That was pretty surprising to me! I presume you're buying things off-the-shelf, but even then a borderline useful empty 4-drive Qnap is around 700 EUR. A much more poweful DIY system with 8 SATA hotplug shouldn't be more than 1 kEUR. In comparison, filling it up with cheap 2 TByte disks is at least twice that. In practice you can just get a quote for a BTO supermicro server or rackmount for only a little more. -- Eugen* Leitl leitl http://leitl.org ______________________________________________________________ ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org 8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE


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The goal of occupational therapy is to help people live as
independently as possible.
Occupational therapists use work, self-care, and
recreational activities to increase the flexibility and independent function of
people who have
rheumatoid arthritis and other long-lasting
conditions. This therapy can include:
Occupational therapists help people who have arthritis or other
chronic pain conditions to protect their joints and conserve energy. They also help these people expand their range of motion and strength. This helps maintain joint
function. For example, occupational therapists can teach techniques to avoid
applying excessive force on non-weight-bearing joints. And they can teach you how to avoid unnecessary
impacts on weight-bearing joints.
ByHealthwise StaffPrimary Medical ReviewerAnne C. Poinier, MD - Internal MedicineSpecialist Medical ReviewerNancy Ann Shadick, MD, MPH - Internal Medicine, Rheumatology
Current as ofOctober 31, 2016
Next Section:
Previous Section:
Current as of:
October 31, 2016
Healthwise Staff
Medical Review:
Anne C. Poinier, MD - Internal Medicine & Nancy Ann Shadick, MD, MPH - Internal Medicine, Rheumatology
This information does not replace the advice of a doctor. Healthwise, Incorporated, disclaims any warranty or liability for your use of this information. Your use of this information means that you agree to the Terms of Use. Learn how we develop our content.
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Last modified on: 8 September 2017


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Quick note out of Philadelphia, where coach Chip Kelly continues to play games with the Eagles' roster.
Geoff Mosher of Comcast SportsNet Philly reported Saturday that Kelly shifted two of his offensive weapons over to defense.
Wide receiver Jason Avant -- the team's fourth-leading receiver last season -- told Mosher he saw time at defensive back, while tight end Clay Harbor spent a day at outside linebacker.
It's only May, but it indicates Harbor might not be viewed as a fit at his natural position. Avant told Mosher he didn't read much into the switch, but Harbor was "much more aware he might not make (the) team."
We agree with Mosher: Positions switches across the line of scrimmage rarely are good news for a player. Still, Bill Belichick habitually uses players on both sides of the ball and judges that versatility as a plus.
We'll find out soon enough if Kelly feels the same way.
Follow Marc Sessler on Twitter @MarcSesslerNFL.


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Apple sold 27 million iPhones and 14 million iPads in the last quarter of 2012, swelling its revenue by 27 percent, but its profits fell short of what analysts had been expecting.
Apple's net profit for the quarter, ended 29 September, was US$8.2 billion, or $8.67 per share, up sharply from $6.6 billion, or $7.05 per share, in the same quarter a year earlier, the company announced Thursday. That was below the analyst forecast of $8.75 per share, according to a poll by Thomson Reuters. Revenue was $35.97 billion, up from $28.27 billion and slightly ahead of expectations.
Apple sold 58 percent more iPhones than in the same quarter last year, while iPad shipments were up 26 percent, it said.
Mac sales weren't so strong, growing 1 percent to 4.9 million units, while iPod sales continued to decline, falling to 5.3 million, as more people relied on their smartphones to listen to music.
Despite missing Wall Street's earnings forecast, the revenue and profit were Apple's highest yet, and it announced a dividend of $2.65 per share for its stockholders.
"We're very proud to end a fantastic fiscal year with record September quarter results," CEO Tim Cook said in a statement.
This was the fourth quarter of Apple's fiscal year. For the first quarter, it expects revenue of about $52 billion and earnings per share of $11.75, the company said. Those numbers are below the current analyst forecast, which calls for $54.98 billion in revenue and profit of $15.41 per share.


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By ,
Published January 13, 2015
Matt Joyce's two-run double was the go-ahead hit in a six-run ninth inning, as Tampa Bay rallied past Baltimore, 10-6, in the middle test of a three-game set from Camden Yards.
Jim Johnson (1-4) entered with a two-run lead, but Kelly Johnson's one-out homer made it 6-5. Jose Lobaton and Yunel Escobar both walked and a Desmond Jennings single loaded the bases. Joyce stepped in and roped a double to the gap in right center for a 7-6 contest, and Darren O'Day came on, only to be greeted with a Ben Zobrist RBI double.
Evan Longoria reached second on a hot shot behind first base, and James Loney drew a free pass ahead of Luke Scott's walk which forced in Zobrist to make it 10-6. Johnson then grounded into a double play to end the threat.
Josh Lueke stranded a runner on second to close out the contest. Alex Torres (1-0) tossed four hitless relief innings for the win.
Joyce ended with three hits, including a two-run homer and five RBI for the Rays, who won their second straight in the series and eight of 10 overall.
Adam Jones slugged a two-run homer and drove in three for the Orioles, who saw their franchise-record 109-game win streak when leading after seven innings evaporate.
"Their track record after seven innings has spoken for itself," Longoria said. "They've been really good late in the game and Jim Johnson has been as good as they come. To be able to get to him and then tack a couple of more on late in the game, in this hostile environment is really good."
Nick Markakis contributed three hits and drove in a run, while Chris Davis added a solo shot and scored twice in defeat.
The Orioles battered Tampa starter Ramon Hernandez right out of the gate with a four-run first inning courtesy of an RBI double from Markakis, a two- run shot from Jones and a solo homer by Davis.
Tampa responded with three in the third on Escobar's run-scoring double and a two-run blast from Joyce, but Davis was plunked to start the home half -- prompting an exit by Hernandez -- and the O's catcher came around to score on J.J. Hardy's one-out double off Cesar Ramos for a 5-3 game.
Nate McLouth singled to start the home fourth, stole second, went to third on a Markakis hit and crossed the plate on a Jones grounder, but Joyce doubled home Lobaton in the fifth and pulled the Rays within 6-4.
"We didn't finish off our game today," Orioles manager Buck Showalter said. "We had some things that could have made it easier."
Game Notes
Baltimore's last loss prior to Saturday when leading after seven innings occurred on Aug. 8, 2011 in a 7-6 home setback to the Chicago White Sox ... Per Elias, the run was the second-longest streak for any club during the expansion era (since 1961), trailing just the 1998-99 Yankees (116) ... Recalled prior to the contest from Triple-A Norfolk, Orioles starter Jair Jurrjens lasted five-plus innings, giving up six hits and four runs with five strikeouts and a walk ... Hernandez was charged with eight hits and five runs over two-plus frames ... Johnson departed after one out having surrendered three hits and five runs ... The O's also optioned pitcher Alex Burnett and recalled pitcher Jake Arrieta from Norfolk, placed outfielder Nolan Reimold on the 15-day disabled list and transferred infielder Brian Roberts to the 60-day disabled list.


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Your prayers have been answered: Finally, Angelenos can drop hundreds of dollars at vending machines in local malls for a single ounce of caviar.
Admit it, Black Friday isn't even over and you've already broken down the door at Urban Outfitters and spent your mortgage payment on door-buster deals. So what's another few bucks or 400 for an ounce of Royal River Beluga caviar?
Beverly Hills Caviar is stocking the vending machines at Burbank Town Center, Topanga Westfield Mall and Century City Mall with fish eggs as well as truffles, escargot, oils, gourmet salts and gift boxes (hat tip to the Eater blog).
-- Tiffany Hsu, Los Angeles Times


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Pocono Township Supervisor Harold Werkheiser is suing to get his old job back.
Pocono Township Supervisor Harold Werkheiser is suing to get his old job back.
In a suit filed Tuesday at the Monroe County Courthouse, Werkheiser charges that supervisors Frank Hess and Henry Bengel conspired in private to remove Werkheiser from the roadmaster position and appoint Bengel.
According to the suit, the two discussed the change in a meeting Dec. 21, what the suit claims is a violation of the state's Sunshine Act which requires all township decisions to be made in a public meeting. Werkheiser was not at the meeting.
Because Pocono Township only has three supervisors, if two supervisors meet and discuss township business, it needs to be conducted in a public meeting. A majority of supervisors represents a quorum.
Check back at PoconoRecord.com for more on this story.


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Steve Talaga, who is an instructor of music at Hope College, has been named Jazz Musician of the Year by the West Michigan Jazz Society.
In a feature in its May 2008 newsletter, the society described him as "The Bruce Lee of The Piano," noting that "his hands are like musical weapons." The society honored him with a banquet on Thursday, May 29, at Aquinas College, where he is an adjunct member of the music faculty.
A member of the Hope faculty since 1999, he teaches jazz piano, applied composition, and various jazz studies courses. In June, he, faculty colleague Brian Coyle and the student members of the college's Jazz Chamber Ensemble represented Hope as participants in "The Big Hope," a global youth congress held at Liverpool Hope University in Liverpool, England, during which he and Coyle taught a jazz styles and history class each day.
Talaga was a 1994 winner of the Down Beat Magazine Award for Jazz Composition, and received honorable mention in the 1996 Billboard Songwriting Contest.
For the past several years he has performed with the outstanding jazz quartet Mind's Eye, writing and performing on their four compact discs, "Angst for the Spoiler," "Seasons," "Lucky Nine" and "Children of the Glacier." He has released five compact discs as a leader: "Yin Yang," "Mirage," "Basement Alchemy," "Two Worlds" and "Contemplating the Heavens."
Talaga has appeared with numerous jazz groups and as a solo artist at jazz festivals and clubs internationally, including a performance with Mind's Eye at the Montreux Jazz Festival in Switzerland. He has also performed professionally with such jazz luminaries as Claudio Roditti, Bobby Shaw, Maria Schneider, Dennis Di Blazio, Marvin Stamm, Gunnar Mossblad, Clay Jenkins, Rick Margitza , Paul Wertico, Randy and Michael Brecker, and Kim Richmond.
In addition to Hope and Aquinas, he has also taught at GraceBibleCollege, and GrandValleyStateUniversity. He previously worked as a producer at CMU Public Radio (WCMU FM) from 1982 to 1989.
He holds a bachelor's degree in broadcasting and cinematic arts from Central Michigan University, a Bachelor of Music degree in jazz studies from Western Michigan University, and a Master of Music degree in composition from Western Michigan University.
Organized in 1986 with a goal to promote, preserve and perpetuate live jazz, the West Michigan Jazz Society has more than 400 members. The society promotes numerous events throughout the year and supports events presented by other arts organizations, schools and colleges in West Michigan.


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I just received this picture of the Hendrick Banta 3rd cabin near Conewago, York County, Pennsylvania from my cousin Paul Gibbs. He lives near the site and found the cabin in relatively good condition this summer and gave permission to share on my blog. It sure seems large enough to house the 13 children Hendrick Banta 3rd had by Antie Demarest and 8 grandchildren they raised following the deaths of their parents and some of the children from Hendricks first marriage to Rachel Brower. I suspect the addition in the back of the house is not original to the home. I am looking forward to the Gathering of Dutch Cousins in the Conewago area in 2011 so I can visit the old homestead personally.
There is a new face in our family, a new baby born to a descendant of Francis and Polly Banta Montfort through their son, John. William Russell Montfort was born in Louisville, KY in late July this year and am so pleased to see both the family name and the next generation carried on.
I am currently updating my website at rootsweb with new information, data, sources and stories as I know them. Soon I am going to add to my MONTFORT FAMILY website at tripod as well. Its time to get it going again. One thing at a time though....add to this blog today, then try to complete the rootsweb site and then start adding chapters to the big site at tripod. It can happen.
Also preparing for the gathering of Dutch Cousins next year at Harrodsburg, KY with collecting things for two silent auction baskets....one is a Dutch theme, the other will have a Shaker theme to it. With my cousin, Diana, we need to start planning something for the day at Shakertown. Many of our Dutch cousins have visited there but till recently knew little of the Low Dutch connection to the Shakers. Since we have direct connections to both, we want to share, teach and show off the most tranquil spot in the state of Kentucky.
Summer is half gone and about now with all this heat and humidity in the lower Ohio River Valley...we start thinking cold.......then about February we are hoping to see the middle of summer again.....cannot please us in this part of southern Indiana at all.
My main goal for todays entry is to share the new photo of the Banta cabin in Pennsylvania. I will probably add it to my tripod site later on too.
My youngest granddaughter will be seven in Sept and loves ghost stories. She has hinted strongly that she wants to spend the night at Shakertown in the room that was her 5th gt grandfathers when he was a resident and member of the Shakers. I think she hopes Grandpa Francis will knock on the door as happened last year when my cousin and I stayed there. I only know we were the only people staying in the three story East House and knew the sounds made by the creaking floor when folks walked through...knew the sounds the front doors made as they opened and closed and there was NO one near our door when we opened after hearing three distinct taps on it. We had a creaky floor right in front of our room.....not a sound was heard but the three taps. Gwynn is sure Grandpa Francis will come see her when she stays there.
Thats all today from hazy, hot, humid southern Indiana.....
Barbara Whiteside
Tuesday, July 29, 2008
Hot Days in Hoosier Land
Posted by Barbara Whiteside at 7:22 AM
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Terms Of Service
General provisions
GetResponse Sp. z o.o. (Polish limited liability company) incorporated under the laws of the Republic of Poland, with its registered office at Arkonska 6, A3 80-387 Gdansk, Poland, entered in the National Court Register kept by the Disctrict Court Gdansk – North in Gdansk under number (KRS) 0000187388, Tax Identity Number: 9581468984, share capital of 5.559.840,00- PLN ("GetResponse", "we", "us") is the service provider of the GetResponse Service ("Service"). The Service is a business-to-business service only. We conclude agreements only with customers who subscribe to the Service for purposes relating directly to their trade, business or profession. These Terms of Service set the rules for the use of the Service by our Customers. By clicking the button to subscribe to the Service you ("you" or the "Customer") accept these Terms of Service and undertake to use the Service in compliance with the provisions of this document. You should retain a copy of these Terms of Service for your records as upon your subscription they constitute a legal agreement between you and GetResponse. If you do not agree with any of the provisions of this document, you may not subscribe to and use the Service. We reserve the right to reject your subscription for any or no reason as long as it is not an unlawful reason.
Under the Service we provide you with:
- an access to a web-based platform in SaaS (Software-as-a-Service) model with tools for building, managing and hosting your mailing list,
- an ability to send emails to your mailing list hosted at GetResponse platform,
- Landing Pages Add-on which is a tool for creating, managing and hosting your landing page and which in a standard version allows for posting one landing page with a monthly limit of 1000 visitors,
- Customer Service,
- additional features (add ons), if ordered and paid separately by you,
- access to 1000 free graphics which you may use for the purpose of sending emails via GetResponse platform.
The detailed scope of Service features available to you under your Subscription Plan is provided in the pricing.
You may use the Service to send emails only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission ("Subscribers").
In order to use the Service and manage your email marketing campaigns you must create an individual account in the GetResponse platform ("Account"). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of your Account users ("multi-users"). Certain features of the Service enable you to specify the level at which the Service restricts access to the Account, Webinars and Content. You are solely responsible for applying the appropriate level of access.
Free Trial
GetResponse offers a 30-day free trial version of the Service ("30-Day Free Trial"). Within the 30-Day Free Trial you may host up to 1000 Subscribers in your mailing list and the Service is rendered for 30 days. It may also be limited in other ways. You may create only one Free Trial Account. You may upgrade the 30-Day Free Trial to a paid version at any point. However accounts which have not been upgraded to a paid version within the trial period or within 60 days after the trial period ends, will be permanently disabled.
You may upgrade your Subscription Plan or order an add-on at any time. If you purchase an add-on during your subscription period we will align your add-on billing cycle with your Account plan monthly cycle, so that the payment dates of your services subscriptions are in line. The first time payment for the add-on will therefore be calculated in proportion to the number of days left to the end of the monthly cycle in your Account subscription.
In connection with the provision of the Landing Pages Add-on we give you the possibility to integrate your landing page(s) either with sub-domains provided by us or with your own domains. We recommend you verifying whether the selected domain or sub-domain name infringes third party's rights, as we cannot and do not make such a verification and we expressly exclude our liability in that scope. We reserve the right to block the domain or sub-domain, cancel or change the name of the sub-domain selected by you, in particular if we are ordered by a court or other public authority or are forced to do so due to the infringement or a threat to third party's or GetResponse's rights.
Webinar feature allows you to organize on-line conferences ("Webinars") for a certain number of participants ("Participants"). You may use this feature for conferences in which you take part as an active Participant.
When organizing a Webinar you are solely responsible for notifying all Participants that personal data and information disclosed during the conference can be transmitted to other Participants and third parties. You are also obliged to inform Participants that the use of Webinar feature is subject to these Terms of Service and Privacy Policy, especially as regards prohibited practices and technical requirements.
You are not allowed to run more than one Webinar at a time within one Account. Please bear in mind that Webinars may be unavailable in any particular location.
Third Party Services
You may integrate certain third party services with the Service. These third party services are not provided by GetResponse. Your ability to use the third party services may be limited according to the third party's terms and conditions. When you integrate with a third party service, you authorize us to exchange any your data, whether confidential or not, with the third party service so you can take advantage of integration with GetResponse. Any links to a third party service or website that you find in the Service or on GetResponse websites are provided for convenience only and we do not control or endorse any material or information found on those third party sites.
Beta-test Versions
From time to time GetResponse may offer a beta-test version of new features. This allows our users to try new solutions we come up with and help us better understand your needs and develop GetResponse Service accordingly. If you decide to use a feature available in beta-test version, you agree that:
- The feature is only available for a limited period of time and can be deactivated at any time and at our sole discretion.
- The feature is available only to the limited extent and may be modified at any time and at our sole discretion.
- GetResponse does not warrant that feature made available in beta-test version will be included in the Service and we may resign from further development of any feature at any time and at our sole discretion.
- You are solely responsible for consequences of using the beta-test version, in particular but not limited for impact it may have on settings of your Account, set or planned campaigns, collected data and other information, etc. Please remember that once we deactivate the beta-test version of the feature, certain processes that took place with respect to your Account, set or planned campaigns collected data and other information cannot be reversed, and GetResponse shall bear no responsibility for consequences resulting therefrom.
- Upon the end of beta-test version period, the feature may be available for our users for a separate fee (e.g. as a paid add-on), or as a component of particular pricing options only, in which case the user interested in the feature needs to upgrade his Account to the more advanced pricing option.
Technical requirements
You also acknowledge that the Webinar feature will work properly if a camera and/or microphone and a headset or loudspeaker are on and not used by another application.
Use of the Service
Upon successful registration you subscribe to the Service and agree to:
- observe these Terms of Service as well as the GetResponse Anti-Spam Policy and Privacy Policy or their amended versions and any other policy developed, published and formulated by GetResponse in connection with the Service;
- use the Service for purposes directly related to your trade, business or profession;
- maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
- send or stream through the Service only such materials that you have full rights to use and publish on the Internet;
- conform to the rules relating to sending out emails, in particular, commercial emails and the processing of personal data which are in force in the country of your residence;
- keep the secrecy of login credentials provided to you;
- receive commercial information about the products and services of GetResponse.
If you:
- have an establishment in the European Economic Area (EEA), or
- offer goods or services to data subjects in the EEA, irrespective of whether a payment is required, or
- monitor behavior of data subjects in the EEA,
you represent and warrant that in using the Service, in particular in creating lists of Contacts, sending e-mails and collecting personal data, you comply with all to personal data protection, privacy, and electronic communication regulations applicable in the EEA and its member states. In particular you are obliged to:
- clearly inform data subjects about means and purposes of the processing of personal data, including for processing in the Service;
- obtain and maintain express and valid consent of the data subject to transfer their data to GetResponse and to be processed in order to send them electronic communication by GetResponse on your behalf;
- agree to indemnify and hold GetResponse harmless from any losses resulting from breach of the above warranties and obligations.
Accepting these Terms of Service you engage GetResponse in processing of the personal data necessary to provide you with the Service on terms and conditions stipulated in Data Processing Agreement, which constitutes an integral part of these Terms of Service.
- Data Processing Agreement for GetResponse Enterprise Clients
- Data Processing Agreement for other GetResponse Clients
This Agreement is also available to download in the Client's Account at any time.
You are obliged to pay in due time all fees for the use of the Service according to the pricing option you have chosen. We offer monthly, annual and two year subscription. The current pricing offer is available at: GetResponse Pricing.
Access to the Service is provided to you after we have received the subscription fee calculated on the basis of the Account plan you have chosen (pre-paid subscription).
You may pay for the Service using a credit card or PayPal (in most countries), however, please note that payment methods may vary depending on the country of the user . If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription ("recurring payment date"). If the recurring is unsuccessful at that point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that the Service is terminated. In the event that the credit card you provided us expires or any credit card information changes or becomes out of date, in order to procure continuity and avoid Service interruptions, you authorize us to obtain or determine updated or replacement information, in particular expiration dates or credit card number and continue billing on the same terms as the previously provided credit card. We are not responsible for any fees charged by payment services providers.
We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days, a year has 360 days and two years have 720 days.
The number of your Subscribers is the peak number of all Subscribers within your Account - the exact number is visible in the Search Contacts tab. Please bear in mind that we monitor for the peak number of Subscribers accumulated in all your campaigns in a given month, which means that Subscribers are unique within each campaign, but not within the entire Account. As regards the Landing Pages Add-on we count the number of unique visits on a published landing page in a given month.
If you exceed the Subscribers List Size you purchased, the following rules will apply:
- you will pay an additional fee for extending a relevant limit; the additional fee is the difference in the monthly price for the limit of Subscribers that you have reached in the billing period and the limit that you have initially purchased under your Account plan;
- if you exceed the maximum number of Subscribers offered at GetResponse Pricing, the additional fee will be calculated as explained in point a) above plus $ 4 for every started 1000 (one‑thousand) Subscribers over the maximum Subscribers List Size;
- if you are about to surpass the Subscribers List Size you have chosen and paid for by three levels, your ability to add more Subscribers will be blocked. In such cases you should contact our Customer Support Team. After we confirm that exceeding the limit does not infringe law, our policies or these Terms of Service, we will unblock the ability to add more Subscribers;
- all additional payments mentioned above must be paid in the month directly following the month in which the Subscribers List Size was exceeded.
We reserve the right to change the fees for the Service and add-ons at any time by posting a new pricelist to GetResponse Pricing. The new pricelist applies to all new Accounts and upgrades.
All fees are exclusive of taxes. Where appropriate, value added tax (VAT) or goods and services tax (GST) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT or GST purposes in your country. At our request, you will provide us with the VAT or GST registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
Prohibited practices, content and industries
You are not allowed to use the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international laws, good industry practice, these Terms of Service and our Anti-Spam Policy or any copyright or other right of a third party. This rule applies also to the Content used within the Service. To see what practices we regard as particularly abusive or illegal, please click here.
There are some industries that send certain types of content resulting in a higher than normal bounce rates and abuse complaints, which may affect the deliverability of GetResponse's platform. Therefore, you understand and accept that, as far as your business practices are concerned, you are not allowed to use the Service to stream, disclose, engage, offer to sell, and promote, either directly or indirectly, any goods or services connected with such high-risk industries. To see what businesses, goods and services we specifically prohibit, please click here.
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by GetResponse. You may not take any action that imposes unreasonable or disproportionately large load on the website network or other our service infrastructure.
We do not pre-screen or control Customer's activity related to the use of the Service. However, we reserve the right (irrespective of other rights under these Terms of Service) to refuse, remove or delete any Content (as defined in clause below), suspend email campaigns, block Customer's landing page, stop Webinars, suspend access to the Service or its part, with or without notice, at our sole discretion and subject to mandatory provisions of law, if we receive any information or have reasonable suspicion that Customer's or Participant's activity or the Content violates any provision of the law, our policies, these Terms of Service, third party's rights or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.
Fair Usage Policy
Proper use of our Service gives good value and performance to thousands of our customers. However, it is necessary that you follow this minimal set of usage parameters so that GetResponse Service is uniformly good for all.
Please rest assured that tools and features available for your "unlimited" use are indeed "unlimited" if used in accordance with these rules. This means that we do not impose quantity restrictions on features such as number of sent emails, or landing pages. However, we have defined certain parameters to make sure that excessive use of certain GetResponse features will not adversely affect our other customers and their campaigns performance. These parameters are set beyond normal and considerate usage and thus, they will not affect vast majority of our customers at all.
You can be affected by these rules only if you use certain features on the Service excessively to the extent that such usage overloads our system and detrimentally affects other customers of the Service.
Should our Compliance Team determine this, we will contact you immediately to let you know that you use the Service or part thereof in an excessive manner and give you a simple advice on how to reduce your usage.
If you do not follow our advice and your usage of the Service is still excessive, we reserve the right to suspend or terminate the Service in whole or in part. Each case will be decided individually and at our sole discretion.
You accept that any measures applied by us under these rules do not entitle you to any refund for the remainder of your subscription period.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Compliance Manager who acts as an Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: GetResponse Sp. z o.o.
Arkonska 6/A3, 80-387 Gdansk, Poland
By phone: +48 58 668 31 33
By email: email@example.com
You can also use our contact form.
All and any information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Service, in particular on your landing page(s) or during Webinars, or that your landing page visitors or Participants upload, post or stream on your landing page(s) or during Webinars ("Content") are your sole responsibility. This includes also any links to other websites or resources or other third party services that you use. We do not claim ownership of the Content and you (or your landing page visitor/Participant) retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources, in particular from Multimedia Studio and the collection of predesigned templates. You agree that we can present your landing page in our marketing materials, in particular case studies.
You are entitled to use materials that we render available to you solely to use the Service for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources (in particular the Multimedia Studio) may include materials which are subject to third party's copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular in email campaigns and on your landing page(s) or Webinars. If you do not satisfy our demand we will be entitled to delete such materials at our sole discretion, with no liability on our side. In aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
If you post, upload, send, stream or otherwise make available the Content through third parties or which belong to a third party, you are obliged to adhere to such third party's terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Service.
You acknowledge and accept that we may preserve the Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content or the activity of your landing page visitor or Participants violates the law or the third party's rights.
Customer Service
We provide Customer Service via Email or Live Chat. When requesting customer service or submitting complaint, you should provide at least your account name - we do not reply or take any action based on "anonymous" support requests. Customer Service contact details are available at GetResponse.com and within your Account under "Support" tab. Most customer service enquiries are responded within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.
Under certain subscription plans we offer assistance of our Account Managers. The rules regarding Account Managers assistance are provided here.
You may cancel your Account at any time. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account please follow the instructions provided on this webpage . Please note that if you cancel your Account, your subscription will be terminated with immediate effect. The GetResponse platform allows for restoring the Account (along with all data and Subscribers List) within 60 days (for Free Trial Accounts) and 90 days (for paid Accounts) from the date of its cancellation (regardless of the reasons for its cancellation). Restoration of the Account is subject to the payment of the fee for the next subscription period for the Service in the aforementioned term. We reserve the right to refuse to restore the Account without reason (in particular, if we cancelled the Account due to our termination of the agreement or suspension of the Service).
We reserve the right to terminate or suspend the Service with immediate effect and refuse any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service. To see what activities we particularly regard as violating our Terms of Service, please click here.
Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Service are non-refundable. Therefore, termination of the Service does not release you from the obligation to pay all and any fees already due as per our Refund Policy.
We reserve the right to terminate the Customer's subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any prepaid amounts for the subscription to the Service.
Termination, suspension as well as downgrade of the Service or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, etc. Please remember that once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information, cannot be reversed, and GetResponse shall bear no responsibility for consequences resulting therefrom.
Refund policy
30-Day Free Trial: this version of our Service requires no credit card for signup. This gives you a zero-risk way to try our Service for 30 days. If you decide to upgrade at any time during the 30-Day Free Trial, the free trial ends and your Account is upgraded to a Paid Account.
Paid Account: When you purchase a Paid Account or upgrade from a 30-Day Free Trial to a Paid Account, the GetResponse billing system charges your credit card for the initial billing period. After that, the billing system automatically renews your Account every 30 days, (every 360 days if you choose the annual plan or 720 days if two-year subscription is chosen) and charges the appropriate amount to your credit card.
Cancellation/Termination: if you cancel your Account or if we terminate the Service for cause as specified in Section 10 of these Terms of Service, no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card.
Refunds: our Service is a pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for the new billing period. For example, if we charge your credit card on August 10th, and you cancel your Account on August 15th, you are still responsible for paying for the entire month (or year, if you have selected an annual plan.) No subsequent charges are applied to your credit card, but the amounts already charged are not refunded.
Our data protection practices are set forth in our Privacy Policy that is available at: www.getresponse.com/legal/privacy.html and which forms the integral part of these Terms of Service.
Copyright and Trademarks
The Service, GetResponse software, as well as the content included on the GetResponse.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of GetResponse or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.
GetResponse is a registered trademark of GetResponse in the Republic of Poland and other member states of the European Union, as well as in the United States and other countries. The trademarks may not be used in conjunction with other entities' products or services in any manner that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products and/or services.
Service accessibility
We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the https://www.getresponse.com website, at any time without prior notice.
Disclaimer of Warranties. Limitation of Liability
You acknowledge that GetResponse provides the Service and the website on "AS IS" basis without warranties of any kind, either express or implied. Particularly, GetResponse disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose.
You are solely responsible for your use of the Service and our websites, particularly for all and any Content, Webinars and email campaigns which you send through the GetResponse platform. It is your sole duty and responsibility to backup all your files and data stored on our servers and under no circumstances will we be liable for any loss or damage due to loss of your files and/or data stored on our servers.
GetResponse is not responsible for:
- actions and omissions of third parties (including Account users and Participants), especially using the Account by a third party taking the advantage of login details obtained from you or in other circumstances beyond GetResponse's reasonable control;
- failure of external conditions and networks which are necessary to use the Service and are beyond GetResponse's reasonable control;
- problems of any kind with features used within test versions, in particular but not limited to beta-test versions;
- insufficient or fluctuations of the bandwidth used by Customer or Participant which may affect Content quality.
To the maximum extent permitted by law, GetResponse, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if GetResponse has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. GetResponse's entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Customer for the Service in one month immediately preceding the date the Customer notifies GetResponse of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by GetResponse to the Customer. The Customer hereby releases GetResponse, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.
Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. By Force Majeure the Parties understand an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service, and whose activity is independent of the Parties.
You agree to indemnify and hold GetResponse, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorney fees basing or arising from (i) your failure (or any individual using your username details) to comply with your obligations under these Terms of Service or (ii) violation of any law, or of the rights of any third party by you, your landing page visitor or Participant, or (iii) your use of the third party services or integration of the Service with the third party services, or (iv) Participant's Content and activity. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.
Final Provisions
The GetResponse Anti-Spam Policy and Privacy Policy constitute an inherent part of these Terms of Service. If any provision of these Terms of Service or of any supporting document is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. GetResponse reserves the right to change any of the provision of these Terms of Service as well as any supporting documents at any time by posting the revised document on GetResponse's website and/or by sending an email to the last email address you have given to GetResponse. These Terms of Service and supporting documents shall be effective immediately with respect to any continued or new use of the Service, unless you terminate these Terms of Service within 10 (ten) days. The most current version of these Terms of Service is available at: www.getresponse.com/legal. Should you wish to assign rights and obligations arising from the agreement to a third party, this may only be possible with our prior consent. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Poland and the court of local jurisdiction of GetResponse shall be the governing jurisdiction.
The Terms of Service in this version are valid from November 08, 2018.


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Verizon Wireless Gets Treo 650
Posted by Andru Edwards - Categories: Cell Phones, Handhelds,
If you haven't heard by now, the Treo 650 will soon be available from Verizon Wireless. Yes, they are once again late to the game with this phone, and yes, you can expect the Bluetooth features to come home crippled. Hey, what did you expect?
Sony NW-HD5 Network Walkman
Posted by Andru Edwards - Categories: Portable Audio / Video,
It looks like the UK Amazon site put this one up a bit early, as it isn't even available for order - but that doesn't mean we can't show it to you. This is the next Network Walkman from Sony, which will be available in silver, red, and black. No word yet on the specs, but we will know soon enough.
(Thanks Graywolf!)
Read More | Amazon.co.uk - Not sure how long this one will be up
Video Game Release List: 4/5/05
Posted by Oscar M. Cantu Categories: Video Games,
Video Games - our escape to life's everyday dullness and stress, but just what new games can you expect to see in this week's store shelves? Well here you go – this week's video game release list.
Smart Bomb - Eidos Interactive
Classified: The Sentinel Crisis ~ Global Star
MX World Tour: Featuring Jamie Little~ Crave Entertainment
Rise of the Kasai ~ Sony Computer Entertainment
Shin Megami Tensei: Digital Devil Saga ~ Atlus Software
Spy vs. Spy ~ Global Star
MX World Tour: Featuring Jamie Little
Doom 3 ~ Activision
Close Combat: First to Fight ~ Global Star
Spy vs. Spy ~ Global Star
LEGO Star Wars ~ Eidos Interactive
MX World Tour: Featuring Jamie Little~ Crave Entertainment
World Championship Poker ~ Crave Entertainment
Latest Gear Live Videos
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DVD Release List: 4/5/05
Posted by Oscar M. Cantu Categories: Movies,
A hot girl wearing spandex and can kick butt - interesting combination. Jennifer Garner stars in Elektra as the heroine who can kick butt with the best of them. The classic battle between good and evil continues in this expansion to 2003's Daredevil. Be sure to also check out Adam Sandler in Spanglish. Spanglish is the story of an American family and the family of their housekeeper and how they try to cope with the American way of life. This one if sure to entertain the whole family while relaxing after a long day at work or school. Not much else this week.
Elektra ~ 20th Century Fox
Spanglish ~ Sony Pictures Entertainment
Sideways ~ Fox Home Entertainment
Apple iPod Camera Connector Reviewed
Posted by Oscar M. Cantu Categories: Accessories, Cameras, Portable Audio / Video,
The Apple iPod Camera Connector seems like a must have for any iPod photo owner who uses a digital camera, but is it as good as it sounds? iPod Lounge set to find out, and put the device to the test. Good news is that it does just what it is meant to do – transfers pictures from a compatible digital camera to an iPod photo. However, its slow speed and the fact that full computer sync is required before a slide show is viewed are just a couple of its annoyances. Check the review, then decide if it's worth your $29.95.
Read More | iPod Lounge
Tunestir: iPod FM Receiver/Transmitter/ Remote Control
Posted by Oscar M. Cantu Categories: Accessories, Portable Audio / Video,
Most iPod owners love the iTrip, but many admit that it could be better. Battery Technology, Inc. hopes to provide that missing functionality with their Tunestir three-in-one iPod accessory. It is an FM radio receiver, transmitter, and remote control, all in one package. With a long cord, one could definitely use this in a car or truck to access the iPod functionality over the radio via the remote. The Tunestir is compatible with all iPod models that have dock connectors, and will be available later this month for $69.95.
Read More | iPod Lounge
Use Gmail As A 2 GB Virtual Drive
Posted by Edwin Soto Categories: Internet, Software,
We told you about Gmail Drive before, but now that just about everyone has a Gmail account, we thought a reminder was in order. If you don't need 2 GB of storage for email, why not take advantage of all that extra space Google provides? With Gmail Drive, you can move files to and from your Gmail web space through Windows Explorer. This is completely experimental and Google has blocked older versions of the Gmail Drive shell extension, so don't expect this to last long. This version should still work with the new 2 GB update, as we have tried and succeeded.
Read More |diksoe.dk
Gear Live Giveaway: Tom Bihn Brain Bag
Posted by Andru Edwards - Categories: Accessories, Announcements, Features,
We have gotten so used to giving away free gear, we now feel bad about neglecting to offer something for you to carry it all around in. Please accept this giveaway as our official apology. Tom Bihn is known for making super-functional bags for all sorts of needs, and they fit right in with the needs of those who are obsessed with technology. One item we were particularly impressed with is their Brain Bag - so much so that we are going to give one away. To enter, leave us a comment telling us what gear you currently have to have on you at all times. We want to hear about what our readers just can't live without when they are on the go. As always, this one is open to US residents only. For more information on the Brain Bag, check out the product page.
Notepad: The Sequel
Posted by Edwin Soto Categories: Software,
Push up your taped glasses and adjust your pocket protectors (don't worry, we're doing it too). For every coding need Windows Notepad has suited everything from HTML to C and everything in between. If you can believe it, there is a way to improve upon the simple Notepad interface - enter Notepad2. Author Florian Balmer has made a unique new GUI for Notepad that you may find useful for all your programming needs. The download is a free, however it's always nice to support a hardworking author with donations.
Read More |flo's freeware
CameraBright X1 Camera Light Attachments
Posted by Andru Edwards - Categories: Accessories, Cameras,
Trust us – we know how frustrating it can be to take pictures with your digital camera that turn out to be washed out due to an inappropriate amount of flash. Otherwise, there isn't enough light and images end up looking too dim. CameraBright, Inc. aims to solve this dilemma with their CameraBright X1 product line. Basically, the units are composed of a series of bright white LED's which can be mounted to just about any digital cameras tripod port. The goal here is to fill the image subject with white light, aiding the flash of the camera, and creating a more natural looking image. The CameraBright X1 comes in three different flavors – Original for everyday use, Warm White for portraits or video, and an Extended Range model for objects that are farther away or just require a bit more light.
Read More | CameraBright
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International Women's Day: Taking Stock of Progress
Since the Bank's founding in 1944, women have made giant leaps toward gender equality in much of the world. They've entered the workforce in huge numbers, gained the right to vote, improved their education and health status, and served as heads of government. On the 100th anniversary of International Women's Day [1], we've created a timeline to commemorate these milestones and inspire women to continue breaking glass ceilings.
Click on the arrow below to see how far we've come.
- Tags:
- The World Region [3]
- Gender [4]
- International Women's Day [5]


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American Girl sent us two of their Bitty Twins for review. As with anyone shopping for these gorgeous, well made dolls, we were able to choose the skin tone, eye color and hair color for our dolls. These 15 inch dolls are gorgeous- very well made, nice, soft bodies, strong stitching (the kids have put this to the test, trust me) and beautifully molded arms, legs and heads with, one of MY favorite features, hair that can be styled.
I don't know what it is that American Girl does with the hair of their dolls but we don't have anything else in this house in the "toy" category that has hair that we can actually get a brush through. With the Bitty Twins, we CAN brush the hair, and style it- and it's been a lot of fun for my girls to make pretties in the babies' hair and, I fully admit it, me, too.
When you purchase the Bitty Twins, you can choose the features of each twin separately- so if you want one dark hair and one light hair twin, you can do that. There are 5 options for the girl twins and 5 for the boy twins. The twins are not inexpensive at $100 for the pair but they do come with an adorable outfit that is also well made, plus a really sweet little board book, The Bitty Twins Learn to Share, which I have now read about one thousand times and will likely continue reading for a long time!
The clothes they come in are brightly colored and, with the exception of the shoes, quite easy for little hands to put on and off. Perhaps it is my kids but doll shoes of any sort are tough to get onto doll feet? I adore the argyle outfits that the twins come in. American Girl also carries a great line of clothes for the Bitty Twins including several that you can purchase for your little one to match her doll!! (As of this writing, there are boy outfits, but apparently there isn't a big market for little boys to have outfits to match their babies…maybe someone will read this and know there is one? This soccer outfit would be cute on my 4 year old!!)
My son loves his as much as my daughters love theirs- he took at look at his, announced that his name was "Dayvon the Hairy Baby", and promptly took his baby over to show him his building creations. The two have been "thick as thieves" ever since. My little guy loves to bring his Bitty Twin on walks with us, we have a few kid-sized baby carriers, although both of his sisters prefer to bring their dolls in baby strollers. I chuckle every time the kids ask if we can take the "hairy babies" for a walk.
In addition to the clothes and accessories for the Bitty Twins, there is also an adorable, fun and engaging line of furniture and accessories- from a double jogging stroller to potty seats and mealtime playsets, and so many other things in between. The Mix & Match Meals are so much fun- the tiny little cafeteria style trays, and the different foods- I end up spending most of my afternoons playing "Baby School" with my kids- I get to change babies and feed them, but not run centers!! So I have spent many hours playing with this set.
These dolls are MADE to be loved, changed, played with, hugged, played with some more, and then, after your little one has a nap, played with some more. We've had a few other kinds of dolls in our house and 2 of them fell apart with frequent play. My kids were so sad about this. I really feel that the Bitty Twins are really well made (as are the Bitty Babies, ours is named Maggie), and made to be played with- not just admired. This is something that, in my opinion, is worth paying a higher price for. We have had a few 'hairy babies' before but the hair is tangled and not at all easy (or really even possible) to comb through the hair and *I* get frustrated trying to make it look nice, let alone a 3-6 year old.1


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