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Welcome to our e-mail service (the "Services"). We provide the Services to
you on the following Terms and Conditions.
By clicking on the appropriate button to indicate your acceptance, you agree to
use the Services consistent with these Terms and Conditions and with all
applicable laws and regulations. We may modify these Terms and Conditions from
time to time. If we do, we will notify you by posting the amended Terms and
Conditions on the Services. Please read these Terms and Conditions carefully. We
will not notify you before we terminate your mailbox for violation of these
Terms and Conditions. If we terminate your mailbox, we may not reinstate it in
our sole discretion.
A. RULES FOR USING THE SERVICES
1. YOUR RESPONSIBILITIES. You are solely responsible for the content of
your messages. You are not permitted to transmit messages on the Services that
(a) infringe on any third party's intellectual property or proprietary rights,
or rights of publicity or privacy; (b) violate any law, statute, ordinance or
regulation; (c) are defamatory, trade libelous, threatening, unlawfully
harassing, abusive, pornographic or obscene; (d) contain viruses or other
similar harmful or deleterious programming routines; or (e) contain links to any
sites that include any of that kind of content. You are not permitted to harvest
e-mail addresses through the Services.
2. SPAMMING IS PROHIBITED. We will determine in our sole discretion
whether any of the messages you send are spam. For your information, spamming
generally includes sending any form of e-mail that can be interpreted as junk
e-mail or bulk e-mail that the recipient has not specifically requested from
you. We reserve the right to take legal and technical remedies to prevent you
from sending spam. If you send any spam we may penalize you by terminating your
mailbox and through any other remedies we may have available to us.
3. RULES RELATING TO MINORS. If you are under the age of 18 you may not
use the Services without the consent of a parent. If you are under the age of
13, you may not use the Services. If you are age 18 or older, you warrant to us
that you are at least 18 years old, that all information that you submit to us
is true and verifiable (including your credit card account information), and you
agree to pay all fees, charges, taxes and assessments arising out of your use of
the Services. We expect that there will be future developments in the area of
children's privacy, in particular in connection with the provision of Internet
services to children. We are monitoring these changes and will modify the
Services as necessary to comply with any new regulations.
B. PAYMENT TERMS
1. TERM. The Services are only available to purchase on an annual basis
beginning on the date that you accept these Terms and Conditions. We will notify
you by e-mail at least 30 days prior to the expiration of the annual term with
your renewal information.
2. PAYMENT. Upon placing an order for the Services, you must provide us
with a valid Visa, MasterCard, American Express, Discover Card, Diners Club or
JCBaccount number. We will not accept any other form of payment. You hereby
authorize us to charge your credit card account in advance, for the full price
of the Services for one annual term. You acknowledge and agree that we may, in
our sole discretion, change the Fee Schedule at any time; provided that we will
only apply any changes in the Fee Schedule to your future charges.
3. REFUNDS - OUR CANCELLATION. You will not be entitled to a refund in
the event we cancel your mailbox Services for a violation by you of these Terms
and Conditions.
4. REFUNDS - NON-USE. Notwithstanding anything to the contrary herein, in
no event will you be entitled to a refund of any portion of the Services fees
because you have not used the Services.
5. TERMINATION. We, in our sole discretion, may suspend or terminate the
Services if you default in your payment. A payment "default" means that your
credit card company denies the charge to your credit card account. We will
provide you with notice of any payment default by e-mail. You will have 10 days
to cure a payment default updating your credit card account information through
our Customer Service Department by telephone at (866) 225-6456 (US domestic) or
(952) 646-5385 (international).
C. OUR PRIVACY POLICY
1. PRIVACY OF YOUR MAILBOX. We consider your registration data and the
content of all of your messages to be private. Messages that you send will be
received with your name and Internet Protocol (IP) address contained within the
header of your message. We will not intentionally monitor or disclose any of
your e-mail messages or registration data unless we believe in good faith that
we are required to do so (i) to enforce these Terms and Conditions, (ii) by law,
(iii) to defend us in any action, or (iv) to protect our property. Additionally,
you agree to respect the privacy and confidentiality of others. Since privacy is
a function of your password, we encourage you to change your password frequently
and to not share it with anyone.
2. PRIVACY OF YOUR REGISTRATION DATA. You understand that we will
disclose statistics about our aggregate registration information in connection
with our marketing activities.
C. ABOUT YOUR MAILBOX
1. PERSONAL USE. You acknowledge that only you are authorized to use your
mailbox. You agree not to resell the Services and you agree to be fully liable
for the use of your mailbox, including any unauthorized use of your mailbox by a
third party. You agree to notify us immediately if you become aware of any
unauthorized use of your mailbox.
2. E-MAIL STORAGE. Your mailbox will include a maximum of ten (10)
megabytes of free e-mail storage. We may not process any e-mail message that is
larger than ten (10) megabytes, at our sole discretion.
3. CANCELING YOUR MAILBOX. If your mailbox is cancelled for any reason,
all e-mail, including any attachments will automatically be deleted.
D. OTHER PROVISIONS
1. PROPRIETARY RIGHTS. We or our partners may provide you with content
such as text, software, music, sound, photographs, graphics, video or other
material which may be protected by copyrights, trademarks, or other intellectual
property rights and laws. You may use this material only as expressly authorized
by us or our partners and you may not copy, transmit or create derivative works
of such material without express authorization.
You acknowledge and agree that you may not upload, post, reproduce, or
distribute any content on or through the Services that is protected by copyright
or other proprietary right of a third party, without obtaining the permission of
the owner of such right. Any copyrighted or other proprietary content
distributed with the consent of the owner must contain the appropriate copyright
or other proprietary rights notice. The unauthorized submission or distribution
of copyrighted or other proprietary content is illegal and could subject you to
personal liability or criminal prosecution.
If you believe that your copyrighted work or the copyrighted works of others
have been infringed, please send a written notification of claimed infringement
to our Postmaster with the following information: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright; (ii) a description of the copyrighted work that you claim has been
infringed upon; (iii) a description of where the allegedly infringing material
is located on the Services; (iv) your address, telephone number, and e-mail
address; (v) a statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent or the law;
(vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
[email protected].
Upon our receipt of notice of a claimed copyright infringement containing the
above information, after confirmation we will promptly remove the allegedly
infringing material from the Services. We will have no liability to any user of
the Services for the removal of any such material.
2. INDEMNIFICATION. You agree to defend, indemnify and hold us, our
parents, subsidiaries, affiliates, officers and employees, harmless from any
claim, demand or damage, including reasonable attorneys' fees, caused by or
arising out of claims made against us based upon the use of your mailbox.
3. SURVIVAL OF TERMS AND CONDITIONS. You must adhere to these Terms and
Conditions for so long as you are using the Services. The following provisions
of these Terms and Conditions will survive any termination: Rules for Using the
Services, Our Privacy Policy, Indemnification and Other Provisions.
4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES
IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE MAY CHANGE THE FEATURES OR FUNCTIONALITY OF THE SERVICES AT ANY TIME,
IN OUR SOLE DISCRETION. 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 THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE; NOR DO WE MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS 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, WHICH YOU OBTAIN FROM US OR
THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS,
LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some States do not
allow the limitation of liability so the foregoing may not apply to you.
YOU ALSO AGREE THAT YOUR SOLE REMEDY UNDER THE TERMS AND CONDITIONS OF THIS
AGREEMENT IS CANCELLATION OF YOUR MAILBOX.
6. MISCELLANEOUS. These Terms and Conditions will be governed by and
construed in accordance with the laws of the State of Colorado without giving
effect to principles of conflict of laws. You agree to submit to the exclusive
jurisdiction of the courts located in the county of El Paso in the State of
Colorado. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall
be enforced. Our failure to act with respect to your breach does not waive our
right to act with respect to subsequent or similar breaches. These Terms and
Conditions set forth the entire understanding and agreement between you and us.
CONTACTING THE WEBSITE
If you have any questions about this privacy statement, the
practices of this site, or your dealings with this Web site, you may email to
[email protected].
Please bookmark this page and check back often. We make
frequent updates to this privacy policy.
Updated: 06-15-01
Privacy
Policy | Terms
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