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TERMS OF SERVICE SUMMARY These Rules and Regulations are covered, along with additional rules and regulations in the detailed Terms of Service below. This is to notify you that by agreeing to these Terms of Service, you agree to the following:
At our sole discretion we may terminate Service should your conduct fail to conform with these Rules and Regulations and conditions of the Terms of Service detailed below. TERMS OF SERVICE 1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICEThis service is provided to you under the terms and conditions of this Terms of Service (RTS) and any operating rules or policies. The RTS comprises the entire agreement between you and this service and supersedes all prior agreements between the parties regarding the subject matter contained herein. By completing the registration process and clicking the "Register" button, you are indicating your agreement to be bound by all of the terms and conditions of the RTS.
2. DESCRIPTION OF SERVICE
In consideration for this Service, you agree to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you is incomplete or inaccurate, we retain the right to terminate your use of this Service. 3. MODIFICATIONS TO TERMS OF SERVICE We may change the terms and conditions of the RTS at any time. Upon any change in the terms and conditions of the RTS, we will not notify you. You will need to bookmark this page and visit it regularly. Your continued use of the Service constitutes an affirmative: (1) acknowledgment by you of the RTS and its modifications; and (2) agreement by you to abide and be bound by the RTS and its modifications. 4. MODIFICATIONS TO SERVICE We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. 5. PRIVACY POLICY It is our policy to respect your privacy. We will not monitor, edit, or disclose the contents of your private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on this server; (2) protect and defend the rights or property of us; or (3) act under exigent circumstances to protect the personal safety of its members or the public. You acknowledge and agree that we neither endorse the contents of anyone's communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. You acknowledge and agree that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements. 6. MEMBER ACCOUNT, PASSWORD, AND SECURITY Once you are a registered user of this Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to immediately notify us of any unauthorized use of yours account or any other breach of security known to you. 7. DISCLAIMER OF WARRANTIES WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 8. LIMITATION OF LIABILITY WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 9. NO RESALE OR COMMERCIAL USE OF THE SERVICE You agrees not to resell this Service. Commercial use of the Service that is compliant with this Terms of Service agreement is permitted. 10. EMAIL MESSAGE STORAGE We assume no responsibility for the deletion or failure to store email messages. 11. OTHER LIMITATIONS We retain the right, at our sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of the RTS and may terminate Service if your conduct is found to be inconsistent with the RTS. 12. MEMBER CONDUCT You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. This Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. You will not use the Service or any mailbox on the Service for chain letters, unsolicited e-mail, or any use of electronic mailing to any person who has not given specific permission to be included in such a process. You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another user's use and enjoyment of the Service or another entity's use and enjoyment of similar services. We may, at our sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the RTS. 13. INDEMNIFICATION You agree to indemnify and hold us, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of a user's use of this Service, the violation of this RTS by anyone, or the infringement by a user, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity. 14. TERMINATION We offer this e-mail service to all registered users so long as we offer an e-mail service. We shall not be liable to anyone or any third party for termination of Service. Should anyone object to any terms and conditions of the RTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify us of your termination. Upon termination of the Service, your right to use the Service immediately ceases. You shall have no right and we will have no obligation thereafter to forward any unread or unsent messages to anyone or any third party. 15. NOTICE All notices to a party shall be in writing and shall be made either via email or conventional mail. We may broadcast notices or messages through the Service to inform Members of changes to the RTS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member, or anything else that we wish. 16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS You may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding user and the Advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. 17. PROPRIETARY RIGHTS TO CONTENT You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by this Service "Content" by us or our Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this Content as expressly authorized by the Service or the Advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser. 18. LAWS If any provision(s) of the RTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the RTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Users and us agree that any cause of action arising out of or related to this Service must commence within one (1) month after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the RTS are solely used for the convenience of the parties and have no legal or contractual significance. |