1. You can operate a Food-Lists list through the Food-Lists service without paying any subscription fee to us. We may place advertisements for third parties in any material contained in a Food-Lists list. This includes (but is not limited to) emails sent to users, archive message files and pages on the website.
2. Food-Lists operates an Advertising Network (the "Network") for lists hosted on Food-Lists, in which Food-Lists may insert advertisements into list email messages. Advertisements are also shown on webpages within Food-Lists's public, private archive, and other areas.
3. Third-Party
   1. From time to time you may receive banner, pop-ups, pop-unders, or other advertisements or promotions from third parties while using Food-Lists's Service. Your dealings with such third parties, including, without limitation, the payment for and delivery of goods and services, and any terms, conditions, warranties, or representations associated with your dealings with third parties are solely between you and the third party. Food-Lists does not make any representations or warranties with respect to any such dealings or any goods or services which may be obtained from such third parties, and you agree that Food-Lists shall have no liability therefor.
4. Food-Lists Tag Line
   1. You acknowledge that Food-Lists may include a promotional tag line in every message, the content of which Food-Lists may change from time to time, but which will be formatted in a manner similar to the following:

_______________________________________________________

Food-Lists - Part of the CDKitchen Recipe Network http://www.cdkitchen.com

This tag line is not a part of the Advertising Network described above.

1. Although Food-Lists strives to maintain the availability of the Service twenty-four hours a day, it makes no representation or promise that the Service will always be available, and you agree Food-Lists is not liable to you or any third party for any temporary or permanent unavailability of the Service.

1. A person who creates and/or manages a list is called a "List Owner." It is the sole responsibility of the List Owner to designate the list as either "public" or "private" and to use Food-Lists' system properly to ensure that any privacy that is desired is achieved. The List Owner is responsible for creating appropriate list policies and other rules regarding access, and managing passwords in a secure manner. This includes the option to allow subscribers of the list to access the e-mail addresses of the other subscribers to the list. It is also the List Owner's responsibility to ensure that all communications and activities relating to his or her list comply with this TOS. The List Owner is also responsible for unsubscribing List Members when that List Member is unable to do so on their own, and has requested to be removed from that list. Failure to remove the List Member at their request IN A TIMELY FASHION is a violiation of these terms. All List Owners of lists which contain content that is inappropriate for minors are responsible for creating, implementing, and enforcing minimum age requirements which prohibit people under 18 years of age from subscribing to or accessing your list. Food-Lists and CDK do not allow lists that permit pornographic, abusive or other offensive material under any circumstance.
2. We encourage you to promote your list, but in a non-offensive way. Spamming information about your list, posting promotional information in forums that prohibit such behavior (such as some USENET newsgroups, message boards, other mailing lists that disallow promotions), automatically subscribing email addresses without their permission are all prohibited activities.
3. As a List Owner of a Food-Lists list. Your role is to:
   1. -decide on the subject matter and name of your list;
   2. -decide whether your list should be a public list, open to all users (to browse archives and post) and visitors (to browse only) or a private list. If your list is a private list you will be responsible for accepting and rejecting membership requests;
   3. -decide whether your list should be moderated. If you wish your list to be moderated, you should assign a moderator and instruct them on your moderation rules.
4. We will not exercise any editorial control over your list but we may remove any material from a list archive that has been posted that we believe infringes on this TOS although we do not screen information submitted by users prior to it appearing on the Food-Lists service.
5. You agree that by becoming a List Owner you also become a Food-Lists user. You therefore agree to the sections of this TOS that apply to Food-Lists users as well.
6. No representation
   1. Your role as a List Owner does not mean that you are an employee or partner of or shareholder in Food-Lists, or any CDK service, or in any other way connected with us. You will not represent yourself to any person as being in any way connected with us (other than as a List Owner). You do not have any authority whatsoever to enter into any agreements on behalf of us or to express any view, opinion or belief on behalf of us. Your participation in Food-Lists carries with it no rights in relation to copyright, trade and service marks or other intellectual property rights in Food-Lists or in or owned by CDK ("Rights"). You agree not to display or use in any manner the Food-Lists or CDK trademarks or otherwise infringe the Rights. Food-Lists trademarks may be included in legitimate list information and communications that are made available to list members as part of the Food-Lists service.
7. Changes
   1. It is important that the information concerning your list you provide to us upon registration is complete, accurate and always up to date. We may object to any changes you wish to make to your list, without giving reason.

1. A person who subscribes or joins a list is called a "list member." You may subscribe to any list which is open and whose membership requirements you satisfy. You acknowledge that Food-Lists allows List Owners to determine membership rules and guidelines, to designate lists as "private" or "public," to refuse to accept new members, to remove subscribers from their lists, and to prohibit or remove any content, all in their complete discretion. You agree that Food-Lists is not responsible or liable for the content, guidelines, requirements, or conduct relating to any list. Food-Lists is not responsible for resolving any disputes that might arise between or among subscribers, List Owners, or third parties from activities on any list or through any use of the Food-Lists.

1. Food-Lists hosts lists for those under 18 years of age. However, if you are under 13 years of age, you must obtain your parent's consent before registering. The terms governing the use of the service by minors and children are subject to change at any time without notice.

1. Food-Lists will not disclose personally identifiable information about you or your private communications (i.e., content transmitted on private, non-public lists) to third parties without your permission, unless Food-Lists believes such disclosure is reasonably necessary to:
   1. comply with the legal proceedings;
   2. defend the rights or property of CDK;
   3. enforce theTOS;
   4. respond to claims that the contents of any communications violate the rights of others; or
   5. as otherwise provided in the TOS.
2. Once you subscribe to a list, all other subscribers may have access to your email address if the List Owner has chosen that function for the list. If a list is designated as "public" by the List Owner, both subscribers and the public will have access to any content provided by you on that list. From time to time, Food-Lists does disclose aggregate user demographic data to advertisers or other third parties. Food-Lists may access your lists and related communications for technical processing and to address technical problems or service complaints. For more information on how Food-Lists uses subscriber or user information please read CDKitchen's Privacy Policy at http://www.cdkitchen.com/admin/privacy.shtml

1. unlawful, harassing, libelous, abusive, threatening, or obscene communications of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;
2. spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings;
3. viruses or other harmful, disruptive or destructive files; or,
4. content containing nudity or pornographic material of any kind to people under age 18, or to anyone on lists that are not limited to people age 18 or older.
5. You further agree:
   1. that you will not disrupt or interfere with another subscriber's use or enjoyment of Food-Lists's Service;
   2. that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, Food-Lists's Service, system resources or accounts, or any servers or networks connected to the Service;
   3. that you will not attempt to obtain unauthorized access to Food-Lists's Service, or to private lists on the Service;
   4. that you are solely responsible for your actions in relation to Food-Lists's Service, and for any communications transmitted under your account;
   5. that you will not forge header or address information or otherwise impersonate another or create a false identity;
   6. that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from this site;
   7. that you will not disrupt the normal operation of Food-Lists's advertising, alter or deface inserted advertisements, or cause any substantial change in the usual content or frequency of emails sent using Food-Lists's Services;
   8. that you will not use any means to artificially increase the number of impressions or click-throughs on any list, including but not limited to actions such as subscribing phony email addresses, subscribing email addresses without consent of their owners, or sending empty messages;
   9. that you will not create, operate, or utilize any list whose purpose is to transmit untargeted or unsolicited mass emails, including but not limited to safe email lists;
   10. that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and,
   11. that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection.
6. List Owners may implement rules and policies in addition to those listed above. You agree to comply with all rules and policies associated with the particular lists to which you subscribe. You agree that Food-Lists may in its sole discretion remove any material that appears to violate any of the foregoing, and that it may immediately limit or terminate your account or access if it appears you have violated these provisions.

1. Various lists are accessible to you through Food-Lists but are not hosted on Food-Lists's server and thus are not governed by the TOS, and you acknowledge that Food-Lists has no responsibility for the operation of such lists or the conduct of its owner. Any dispute or complaint concerning such lists or services should be directed solely to the owner or operator of that list or service.