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Terms Of Service
As a user of this service, you understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted
over the Service, are the sole responsibility of the person from which such Content originated.
This means that you are entirely responsible for all Content that you send, post, email, transmit
or otherwise make available via the Service. The Service Provider does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of
such Content for any particular viewer.
Prohibited Uses
- send, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
- send, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
- send, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
- send, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
unauthorized solicitation, or otherwise violate our abuse policy
attached as Schedule C;
- send, post, email, transmit or otherwise make available any
material that contains software viruses, worms or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable
local, provincial, national or international law, including, but not
limited to, regulations promulgated by any applicable securities
commission or exchange, and any regulations having the force of law; or
- "stalk" or otherwise harass another.
Acknowledgements
You acknowledge
that the Service Provider and its suppliers do not, and we acknowledge
that the Service Provider and its suppliers shall not without cause,
pre-screen Content, but that the Service Provider and its suppliers shall
have the right (but not the obligation) in their sole discretion to refuse
or move any Content that is available via the Service. Without limiting
the foregoing, Service Provider and its suppliers shall have the right to
remove any Content that violates the Terms of Service or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by the Service
Provider or submitted to the Service Provider.
You acknowledge and
agree that Service Provider (or its suppliers) may preserve Content and
may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Service Provider, its users and
the public.
You understand that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
Maintenance Windows
Service Provider makes every effort to perform all system maintenance activities during a scheduled maintenance window.
If system downtime is planned during a maintenance window, Service Provider will make an announcement prior to the date
of the activity.
In Case of Modifications to Terms of Service
Service Provider may modify this Agreement at any time, at which point notices will be sent to the Client using any of the
contact methods provided by Client. The Client's continued use of the Email Services for twenty-four (24) hours after
notice of the modification is dispatched will constitute an affirmative acknowledgment by the Client of the Agreement and
its modifications as well as an agreement to abide by such terms.
Termination
This Agreement is effective upon User's acceptance as set forth herein and shall continue in full force until terminated. User may terminate
this Agreement for any reason upon thirty (30) days prior notice to Company. This Agreement will terminate automatically without notice from
Company if User fails to comply with any provision of this Agreement. Company reserves the right, in its sole discretion and without notice,
at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User's access to or use
of all or any portion of the Service; and (c) terminate this Agreement. Termination for any reason shall not affect Company's entitlement to
any sums due hereunder, or any additional remedies provided by law or equity. Under no circumstances shall User be entitled to any refund on
any portion of fees paid in connection with this Agreement.
Understanding for Termination
The Client agrees that Service Provider may terminate the Client's use of the Email Services if it believes that the Client has violated or
acted inconsistently with the letter or spirit of this Agreement, or that the Client has violated the rights of Service Provider or other
Clients or parties.
Service Provider may also terminate the Client's use of the Email Services if Client's payment for any Service Fee or Renewal Fee is
returned for insufficient funds, rejected by bank card processing services, or otherwise any situation in which the Email Services
provided by Service Provider remains unpaid after its due date ("Overdue Balance"). In a situation where Client has an Overdue Balance,
Service Provider will make a reasonable effort to contact Client using the contact methods previously provided by Client, in order to
obtain full payment for the Overdue Balance, before terminating Client's use of the Email Services.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER'S SOLE RISK. COMPANY DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED
BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER'S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID, IF ANY, BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION TERMINATION.
SPECIAL WARNINGS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the country in which you reside.
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