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The following are the terms and conditions for use of the E-Mail service
including without limitation email and other services which may be offered
from time to time by this company ("The Service Provider") for use with your
E-Mail account (each feature individually and collectively referred to as
the "Service"). Please read them carefully. This Service is provided to
individuals who are at least 18 years old or minors who have parental
permission to open and maintain an account. BY CLICKING THE "I ACCEPT"
BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE
ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS
AND CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account, you must complete the registration process by providing
us with current, complete and accurate information as prompted by the
Registration Form. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account.
You agree to notify The Service Provider immediately of any unauthorized use
of your account or any other breach of security.
2. MEMBER PRIVACY
It is The Service Provider's policy to respect the privacy of its members.
The Service Provider will not monitor, edit, or disclose any personal
information about you or your use of the Service, including its contents,
without your prior permission unless The Service Provider has a good faith
belief that such action is necessary to: (1) conform to legal requirements
or comply with legal process; (2) protect and defend the rights or property
of The Service Provider; (3) enforce the TOS; or (4) act to protect the
interests of its members or others. The Service Provider does provide
certain user information in aggregate form to third parties, including its
advertisers, for demographics. In addition, your Internet Protocol address
is transmitted with each message sent from your account.
Some personal information you provide to The Service Provider may be stored
outside of the country in which you reside.
You agree that The Service Provider may access your account, including its
contents, as stated above or to respond to service or technical issues.
3. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of email storage space per member is limited; please contact our
support staff for details. Some email messages may not be processed due to
space constraints or outbound message limitations. You agree that The
Service Provider is not responsible or liable for the deletion or failure to
store messages or other information.
4. MEMBER CONDUCT
As a condition of your use of the Service, you warrant to The Service
Provider that you will not use the Service for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
The Service is provided to individuals only and for personal use only. You
agree to use the Service only to send and receive personal messages. Any
unauthorized commercial use of the Service, or the resale of its services,
is expressly prohibited.
You agree to abide by all applicable local, state, national and
international laws and regulations and are solely responsible for all acts
or omissions that occur under your account or password, including the
content of your transmissions through the Service. By way of example, and
not as a limitation, you agree NOT to:
Use the Service in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material or information.
Advertise or offer to sell or buy any goods or services for any non-personal
purpose.
Harvest or otherwise collect information about others, including email
addresses, without their consent.
Create a false identity for the purpose of misleading others as to the
identity of the sender or the origin of a message.
Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity that is not a Service member any directory of the Service
members or other user or usage information or any portion thereof other than
in the context of your use of the Service as permitted under the TOS.
Transmit or upload any material that contains viruses, trojan horses, worms,
time bombs, cancelbots, or any other harmful or deleterious programs.
Transmit or upload any material that contains software or other material
protected by intellectual property laws, rights of privacy or publicity or
any other applicable law unless you own or control the rights thereto or
have received all necessary consents.
Interfere with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or any
other means.
Violate any applicable laws or regulations including, without limitation,
laws regarding the transmission of technical data or software exported from
the United States through the service.
Interfere with another member's use and enjoyment of the Service or another
individual's or entity's use and enjoyment of similar services.
The Service Provider has no obligation to monitor the Service or any user's
use thereof or retain the content of any user session. However, The Service
Provider reserves the right at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request.
5. LINKS TO THIRD PARTY SITES
The links included within the service may let you leave the service web
sites ("linked sites"). The linked sites are not under the control of The
Service Provider and the service provider is not responsible for the
contents of any linked site or any link contained in a linked site, or any
changes or updates to such sites. The Service Provider is not responsible
for webcasting or any other form of transmission received from any linked
site. The Service Provider is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by The
Service Provider of the site or any association with their operators.
6. DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service
may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. The Service Provider and/or its respective
suppliers may make improvements and/or changes in the Service at any time.
The Service Provider does not represent or warrant that the Service will be
uninterrupted or error-free, that defects will be corrected, or that the
Service or the server that makes it available, are free of viruses or other
harmful components. The Service Provider does not warrant or represent that
the use or the results of the use of the Service or the materials made
available as part of the Service will be correct, accurate, timely, or
otherwise reliable.
You specifically agree that The Service Provider shall not be responsible
for unauthorized access to or alteration of your transmissions or data, any
material or data sent or received or not sent or received, or any
transactions entered into through the Service. You specifically agree that
The Service Provider is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any other
party or any infringement of another's rights, including intellectual
property rights. You specifically agree that The Service Provider is not
responsible for any content sent using and/or included in the Service by any
third party.
The Service Provider and/or its respective suppliers make no representations
about the suitability, reliability, availability, timeliness, and accuracy
of the service for any purpose. The service is provided "as is" without
warranty of any kind. The Service Provider and/or its respective suppliers
hereby disclaim all warranties and conditions with regard to the service,
including all implied warranties and conditions of merchantability, fitness
for a particular purpose, title and non-infringement.
In no event shall The Service Provider and/or its suppliers be liable for
any direct, indirect, punitive, incidental, special, consequential damages
or any damages whatsoever including, without limitation, damages for loss of
use, data or profits, arising out of or in any way connected with the use or
performance of the service or related web sites, with the delay or inability
to use the service or related web sites, the provision of or failure to
provide services, or for any information, software, products, services and
related graphics obtained through the service, or otherwise arising out of
the use of the service, whether based on contract, tort, negligence, strict
liability or otherwise, even if The Service Provider or any of its suppliers
has been advised of the possibility of damages. Because some
states/jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above limitation may not apply
to you. If you are dissatisfied with any portion of the service, or with any
of these terms of use, your sole and exclusive remedy is to discontinue
using the service and its related web sites.
7. INDEMNIFICATION
You agree to indemnify and hold The Service Provider, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of or conduct on the Service.
8. TERMINATION
The Service Provider may terminate your access to any part or all of the
Service and any related service(s) at any time, with or without cause, with
or without notice, effective immediately, for any reason whatsoever.
The Service Provider may also terminate or suspend your account for
inactivity, which is defined as failing to sign-in to the Service for an
extended period of time, as determined by The Service Provider. The amount
of time that The Service Provider currently considers as an "extended"
period of time may be viewed in our FAQ. Upon termination of the Service,
your right to use the Service immediately ceases.
If you wish to terminate your account, your only recourse is to discontinue
the use of the Service.
The Service Provider shall have no obligation to maintain any content in
your account or to forward any unread or unsent messages to you or any third
party.
9. NO SPAM; DAMAGES
The Service Provider will immediately terminate any account which it
believes, in its sole discretion, is transmitting or is otherwise connected
with any spam or other unsolicited bulk email. In addition, because damages
are often difficult to quantify, if actual damages cannot be reasonably
calculated then you agree to pay The Service Provider liquidated damages of
$5 for each piece of spam or unsolicited bulk email transmitted from or
otherwise connected with your account, otherwise you agree to pay The
Service Provider's actual damages, to the extent such actual damages can be
reasonably calculated.
10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with Advertisers on the Service or participation in promotions,
including the delivery of and the payment for goods and services, and any
other terms, conditions, warranties or representations associated with such
dealings or promotions, are solely between you and the Advertiser or other
third party. The Service Provider shall not be responsible or liable for any
part of any such dealings or promotions.
11. 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 electronically distributed, commercially
produced information presented to you by the Service, by The Service
Provider, or The Service Provider's Advertisers or other content providers,
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. You may make a copy of this content for your
personal, non-commercial use only, provided that you keep all copyright and
other proprietary notices intact. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute in any way content
available through the Service and its associated Web sites, including code
and software.
12. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
The Service Provider reserves the right to change the TOS or policies
regarding the use of the Service at any time and to notify you by posting an
updated version of the TOS on this Web site. You are responsible for
regularly reviewing the TOS. Continued use of the Service after any such
changes shall constitute your consent to such changes.
13. GENERAL
This agreement is governed by the laws of the State of Missouri, and the
United States of America. Use of the Service is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists
between you and The Service Provider as a result of this agreement or use of
the Service. The Service Provider's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement
is in derogation of The Service Provider's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Service or information provided to or gathered by The
Service Provider with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and The
Service Provider with respect to the Service (excluding the use of any
software which may be subject to an end-user license agreement) and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and The Service
Provider with respect to the Service. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
You and The Serv
ice Provider agree that any cause of action arising out of or related to
this Service must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred. The section
titles in the TOS are solely used for the convenience of the parties and
have no legal or contractual significance.
15. LANGUAGE
It is the express will of the parties that this agreement and all related
documents have been drawn up in English.
Any rights not expressly granted herein are reserved.
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