The (Legally) Important Bits

All content posted on the public systems we operate is the property of the poster (i.e., you). Our primary goal is to support your freedom of speech,including speech that may make others uncomfortable. However for practical reasons there is a limit to the services and freedom we can provide.

Most importantly, any services offered by "The Pain Agency" or Joseph Winkie are offered on an as-is basis with no warranty or guarantee of service. It is our goal to have minimal downtime and maximum reliability, however we make no guarantees of uptime, or retaining user content. Our matrix server is not a file hosting service, while you are able to send files to other users, please keep a copy of any important files and expect the copy stored on our server to be gone at any time with no notice. By using any services offered by "The Pain Agency" or Joseph Winkie, you agree to abide by the Terms Of Service, and acknowledge that we may terminate your access to our services at any time without express notice. Please also take note of our Code of Conduct.

Our service is not a safe haven for bad actors and we intend to comply with our duty to report malicious users to Law Enforcement including but not limited to 18 U.S. Code § 2258A. It is your responsibility to ensure your compliance with your local laws as well as laws in our location of jurisdiction (Hawaii, USA), and we will not protect you from any legal liability, nor offer what is commonly referred to as "bulletproof hosting" or "bulletproof services".

Privacy Policy

Data collection by your explicit consent: We collect and process personal information from you as needed to provide the services for which you register. In addition to information essential to the provision of specific services, we collect your IP address, browser type and version, date and time stamps of access and referring page URLs (if applicable) as part of software logs, in line with industry standards. We retain these logs for short periods of time for technical support purposes: either to fulfill our internal needs related to the maintenance and troubleshooting of our services, or to assist you when you request support. We do not use this log information for tracking, analytics, marketing, or any other commercial purpose, and we don't share it with any third parties.

We process your data as necessary to deliver our services and to ensure compliance with our terms and conditions. If you create a public post on a discussion platform, we must process your data to display that post to other users. We may also use tools to identify and automatically remove content that violates our terms and conditions. We do not share your data, or otherwise make it accessible to anyone except our datacenter providers.

Our site and services are hosted by Hetzner Online GmbH and/or Porkbun LLC. You are also subject to any terms and privacy policies enforced by those entities. Should this be a concern to your privacy or security we highly recommend the utilization of end to end encryption. End to end encryption remains the best ally to any user's security and privacy, and many services such as Matrix offer this with little to no negative impact. End to end encryption means that only the people who are given explicit access to the content will be able to decrypt and read it. Even us admins can not read your message content that is end to end encrypted.

Note regarding children's personal data: Our services are targeted towards those at or above the legal age of majority (18+ as defined in the State of Hawaii), and children 13 or less years of age are not permitted to register or utilize our services. If you think your child may have provided personal information to us, please contact us immediately (as defined in our TOS) so we can remove it from our records.

DMCA Compliance

We respect the intellectual property rights of others. Per the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to claims of copyright infringement on our platforms if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to us:

• 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 our platform(s);
• An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not we, can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
• Your electronic or physical signature.

We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.

Contact

If you have any questions or concerns, or need to contact us for any other reason you may reach out to jjj333.p.1325@gmail.com by email, @jjj333:pain.agency on matrix, +1 (740) 481 - 1253 by sms or Whatsapp, or @jjj333_p on Snapchat.