USER SERVICES AGREEMENT
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USER SERVICES AGREEMENT |
This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using ForeverWebMail.com’s services ("User"), ForeverWebMail.com, a D/B/A with a mailing address of PO Box 759 Highland Mills, NY 10930 ("Company"), ForeverWebMail.com’s services, as described below in Section 2 (the "Services"), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement. For the purpose of this agreement, any reference to ForeverWebMail.com included any site owned/controlled by ForeverWebMail.com including but not limited to ForeverWebMail.net, ForeverWebMail.biz, ForeverWebMail.org, ForeverWebMail.us, and ForeverWebMail.info.
Sections Of Agreement
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
3. PAYMENT TERMS AND CONDITIONS
5. USE OF REGISTRATION INFORMATION
7. USER NAME, PASSWORD AND SECURITY
14. COMPANY'S RIGHT OF PROPRIETARY DATA/PROGRAMS/INFORMATION
19. SALE OF INTEREST IN COMPANY
The Services, provided by Company, are provided to User under the terms and conditions of this Agreement, any amendments to this Agreement, and any operating rules or policies that may be published from time to time by Company, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between User and Company and supersedes any prior agreements pertaining to the subject matter contained herein.
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Company is providing User with any or all of the following services: (a) email; (b) Web-hosting; (c) community services; and (d) any other services that Company may elect to provide in the future. These Services are provided to User at the discretion of Company. Company reserves the right to delete any User's account if such User does not access such account for a period of ninety (90) consecutive days or for non payment, more than 30 days late, of any fees due to Company.
Company also reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to User. User agrees that Company and their third party service providers shall not be liable to User or any third party for any modification or discontinuance of the Services.
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The Service is only available to purchase on an monthly basis beginning on the date that you accept these Terms and Conditions. Upon signing up for the Service, you must provide us with a valid credit card number. You hereby authorize us to charge your credit card account in advance, for the full price of the Service for one monthly term. You agree to pay or have paid all fees and charges incurred in connection with your user name and password for ForeverWebmail.com (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. 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. You will not be entitled to a refund in the event we cancel your mailbox Service for a violation by you of this agreement. Notwithstanding anything to the contrary herein, in no event will you be entitled to a refund of any portion of the Service fees because you have not used the Service. We, in our sole discretion, may suspend or terminate the Service 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. Company, at its discretion, has the right to engage another party for the purpose of billing and collecting. At the present time D/B/A 2sommer.com will be billing.
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User must be at least eighteen (18) years old to register for the Services. In consideration of use of the Services, User agrees to: (a) provide current, true, accurate and complete information about User as prompted by the registration form; and (b) to maintain and update this information to keep it current, true, accurate, and complete. If any information provided by User ("Registration Data") is untrue, inaccurate, not current, or incomplete, Company and Client have the right to terminate User's account and refuse any and all current and/or future use of the Services.
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User agrees that Company or a designee of Company may disclose Registration Data to third parties about User and information about User's use of the Services, provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) such disclosure is required by law or legal process; or (b) User violates any of the terms set forth in Section USER CONDUCT.
This Agreement includes the terms and conditions of Company's Privacy Policy, a copy of which is located at http://www.foreverwebmail.com/privacy.htm, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.
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Company considers email transmitted via the Services to be the private correspondence of the sender. Neither Company nor Client will monitor, edit, or disclose the contents of a User's private communications, except that User agrees that Company and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of Company, its third party service providers, or others.
User acknowledges that content posted to public community areas is publicly available and that Company does not take any responsibility for such content. However, Company reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement, upon notice of such violation.
User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings, and any other information supplied by User is and may be required: (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements.
User acknowledges and agrees that Company and their third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
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User will be asked to choose the first part of its user name, which will be followed by the "@" symbol and Company’s site address (Example: YourNameHere@ForeverWebMail.com). User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in Company's sole discretion. Company shall own User's complete user name.
User will receive a designated password and account upon completing the registration process for the Services. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's account. User agrees to immediately notify Company of any unauthorized use of User's password or account or of any other breach of security.
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Subject to the terms herein, ForeverWebMail.com will provide you with email support for the Service and associated software. Under no circumstances will ForeverWebMail.com have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or toll-free phone support.
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User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. User agrees to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services.
User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User acknowledges and agrees that Company may ban User from future use of the Services if User does not comply with Company's standards of conduct, even if User attempts to use the Services through another Client or under a different name. Furthermore, User acknowledges and agrees that Company may recover damages from User if User violates these terms.
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User agrees to indemnify and hold Company, and their third party service providers, and their 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 User's use of the Services, User's connection to the Services, User's violation of this Agreement, or User's violation of any rights of another party.
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Company, and their third party service providers assume no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services. Company may establish in its sole discretion an upper limit on the extent of message storage it will maintain for User.
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(a) User agrees that Company, or their third party service providers may terminate User's password, account, or use of the Services if Company, or their third party service providers believe: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of Company, or their third party service providers or other Users or parties. User further agrees that Company, and their third party service providers may terminate User's password, account, or use of the Services if User fails to use the Services at least one time during a reasonable period of time, which shall not be less than ninety (90) days, as determined from time to time by Company and Client days or for non payment, more than 30 days late, of any fees due to Company.
(b) User agrees Company may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice.
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The Services may provide, or users may include in email or community postings, links to other Web sites or resources. However, User agrees not to include in email or community postings (or elsewhere via the Services) any link(s), which leads to a web page of another party's web site unless the owner of that web site authorizes such a link. User acknowledges and agrees that Company, and their third party service providers are not responsible for the availability of such external sites or resources, or for User's use of links, and that Company, and their third party service providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
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User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Company, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.
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(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) COMPANY, AND THEIR THIRD PARTY SERVICE PROVIDERS 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.
(c) COMPANY, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY, CLIENT, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
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(a) USER AGREES THAT COMPANY AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) USER ACKNOWLEDGES THAT PURSUANT TO SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, COMPANY HAS A POLICY PROVIDING FOR TERMINATION OF SERVICES TO ACCOUNT HOLDERS WHO ARE REPEAT OFFENDERS. HOWEVER, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
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Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may be provided on the Web pages through which User accesses or uses the Services. User's continued access or use of the Services shall be deemed to be User's conclusive acceptance of the modified Agreement.
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Company's and third party service providers are intended beneficiaries of this Agreement. Company shall not be liable to User for any breach by Client of this Agreement or the Privacy Policy. This Agreement and the relationship between User and Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. User and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New York. The failure of Company and their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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The Company has the right to sell all or part of its interest at any time without consent of the USER. Any such sale will be noticed to all USERs, as outlined elsewhere in this agreement.
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I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.