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| EmailCommand.com Terms of Service |
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Effective 1/1/2002
By clicking on the purchase button, you acknowledge that you understand,
accept and agree to all of the EmailCommand.com terms of service, so
please read these terms carefully.
Acceptance of Terms
EmailCommand.com's site and services (the "Services") are made
available to you under the terms and conditions of these Terms of Service
and the EmailCommand.com Acceptable Use Policy, including the terms and
conditions expressly set out below and those incorporated by reference.
A copy of the Acceptable Use Policy, which you should review and which
is incorporated into these Terms of Service by reference, can be found
here http://www.emailcommand.com/use_policy.htm.
If you do not agree to these Terms of Service and the Acceptable Use
Policy, please do not use this site or register for or purchase our Services.
We reserve the right, at our discretion, to update or revise these Terms
of Service. You can review the most current version of the Terms of Service
at any time at http://www.emailcommand.com/terms_service.htm.
In addition, we will provide notice of these changes via email distribution
to active email accounts on the EmailCommand.com email system via EmailCommand.com's
standard email information bulletin. Your continued use of this site
and our Services following the posting of any changes to the Terms of
Service constitutes acceptance of those changes. If you do not comply
with these Terms of Service at any time, EmailCommand.com retains the
right to disable your account and disallow you further access to the
Services.
Registration
To open an account, you must complete the registration process by providing
us with current, complete and accurate information as prompted by the
registration process. You are entirely responsible for maintaining the
confidentiality of your password and account and for any and all activities
that occur under your account. You agree to notify EmailCommand.com immediately
of any unauthorized use of your account or any other breach of security.
You are responsible for all charges associated with connecting to the
Internet and the Services via the Internet, including providing any computer
equipment or other device.
You must be 13 or older to use the services
By creating an account or registering for or purchasing our Services,
you certify to us that you are at least 13 years old. EmailCommand.com
is concerned about the safety and privacy of all its users, particularly
children. For this reason, parents of children under the age of 13 who
wish to allow their children access to the Services agree to take full
responsibility for monitoring their children's use and access to the
Services. EmailCommand.com provides no capabilities for monitoring,
filtering, or blocking messages children may receive using the EmailCommand.com
Service. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are appropriate for your child.
Member Conduct
You agree to comply with the terms of the Acceptable Use Policy, which
is incorporated into these Terms of Service by reference, and a copy
of which can be found here <http://www.emailcommand/use_policy.htm>.
You understand that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from whom such
Content originated. This means that you, and not EmailCommand.com, are
entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Services. EmailCommand.com does not
control the Content posted via the Services and, as such, does not guarantee
the accuracy, integrity or quality of such Contents. You understand that
by using the Services, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will EmailCommand.com
be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Services. You acknowledge
that EmailCommand.com does not pre-screen Content, but that EmailCommand.com
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any Content that is available via
the Services, including without limitation any Content that violates
these Terms of Service or the Acceptable Use Policy or is otherwise objectionable.
You understand and agree that in order to permit EmailCommand.com to
protect itself and the quality of its products and Services, EmailCommand.com
has the right to access your account and records to investigate complaints
or allegations of fraud, harassment, "spam," or
illegal or misleading activity, or abuse. EmailCommand.com reserves the
right to contact or cooperate with law enforcement and other legal authorities
in investigating any claims of illegal or inappropriate activity. In
order to protect your privacy, EmailCommand.com shall not disclose the
existence or occurrence of such an investigation to any third party unless
required to do so by law or legal process. EmailCommand.com also reserves
the right to block electronic communications from other entities on the
Internet if deemed necessary by EmailCommand.com or its designees or
EmailCommand.com service providers.
Terms of Service and Termination
At the end of each 12 month period, your email Service contract will
automatically renew for an additional 12 months (each, a "Renewal
Term") unless you notify EmailCommand.com by email to billing@emailcommand.com at
least 30 days prior to expiration. The renewal charge for an additional
12 month period will be billed to your credit card at the beginning of
the anniversary month. The Service contract can be terminated by you
at any time during any Renewal Term upon thirty days (30) days prior
notice to billing@emailcommand.com.
You agree that EmailCommand.com, in its sole discretion,
may terminate your password, account (or any part thereof) or use of
the Services, and remove and discard any Content within the Services
if EmailCommand.com believes that you have violated or acted inconsistently
with the letter or spirit of these Terms of Service or the Acceptable
Use Policy. EmailCommand.com also reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently,
the Services (or any part thereof) with or without notice.
You agree that any termination of your access to the Services under any
provision of these Terms of Service may be effected without prior notice,
and acknowledge and agree that EmailCommand.com may immediately disable
or delete your account and all Content in your account and/or disallow
any further access to such files or the Services. Further, you agree
that EmailCommand.com shall not be liable to you or any third-party for
any termination of your access to the Services. Termination by either
party constitutes a forfeiture of any fees paid for the then-current
Service period.
Indemnification
You agree to indemnify and hold EmailCommand.com, and its subsidiaries,
stockholders, affiliates, officers, agents, service providers, co-branders
or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make available
through the Services, your use of the Service, your connection to the
Service, your violation of these Terms of Service, or your violation
of any rights of another and you agree to pay those damages and costs
finally awarded against EmailCommand.com in any monetary settlement of
such suit or action which are specifically attributable to such claim.
You understand and acknowledge that EmailCommand.com considers most
instances of unsolicited bulk e-mail to be a theft of services and reserves
the right to prosecute originators in a court of law, and to collect
damages (for software, hardware and manhours) if harm is done to our
network, service providers, contracted resources, agents or equipment
that requires repair or reconfiguration of any kind.
Disclaimer of Warranties
You expressly understand and agree that: (1) your use of the service
is at your sole risk. The service is provided on an "as is" and "as
available" basis. EmailCommand.com expressly disclaims 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; (2) EmailCommand.com makes no warranty that (a)
the services will meet your requirements, (b) the services will be uninterrupted,
timely, secure, or error-free, (c) the results that may be obtained from
the use of the services will be accurate or reliable, (d) the quality
of any products, services, information, or other material purchased or
obtained by you through the services will meet your expectations, or
(e) any errors in the software will be corrected; (3) any material downloaded
or otherwise obtained through the use of the services is done at your
own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the
download of any such material; and (4) no advice or information, whether
oral or written, obtained by you from email command or through or from
the services shall create any warranty not expressly stated in the agreement.
Some states do not allow the disclaimer of implied warranties, so the
foregoing exclusion may not apply to you.
Limitation of Liability
You expressly understand and agree that EmailCommand.com and its subsidiaries,
parents, affiliates, officers, agents, service providers, co-branders
or other partners, and employees shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if EmailCommand.com has been advised
of the possibility of such damages), resulting from: (1) any use or inability
to use the services; (2) any cost of procurement of substitute goods
and services resulting from any goods, data, information or services
purchased or obtained or messages received or transactions entered into
through or from the services; (3) any unauthorized access to or alteration
of your transmissions or data; (4) any statements or conduct of any third
party on the services; or (5) any other matter relating to the services.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply
to you.
Restrictions on Use
You acknowledge that the Services contain Content, including software,
that is protected by applicable laws relating to copyrights, patents,
trademarks, trade secrets or other proprietary rights ("EmailCommand.com
Content"), and that these rights are valid and protected in all
forms, media and technologies existing now or here after developed. All
EmailCommand.com Content is copyrighted as a collective work under the
U.S. copyright laws, and EmailCommand.com owns a copyright in the selection,
coordination, arrangement and enhancement of such EmailCommand.com Content.
EmailCommand.com owns all right, title and interest in the EmailCommand.com
tradename and logo. All trademarks appearing on the Services are trademarks
of their respective owners. EmailCommand.com's partners may also have
additional proprietary rights in the EmailCommand.com Content which they
make available through the Services. You may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any
way exploit, any of the EmailCommand.com Content, in whole or in part.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Services, use of the
Services, or access to the Services.
General Information
EmailCommand.com reserves the right to assign this agreement, and any
of its rights, responsibilities, duties or obligations, in whole or in
part at any time. These Terms of Service constitute the entire agreement
between you and EmailCommand.com and govern your use of the Services,
superceding any prior agreements between you and EmailCommand.com. Both
you and EmailCommand.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of San Francisco,
California. These Terms of Service and the relationship between you and
EmailCommand.com shall be governed by the laws of the State of California
as such laws are applied to agreements entered into and to be performed
entirely within California between California residents. If any provision
of these Terms of Service 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 the other provisions of these Terms of Service remain in full force
and effect. You agree 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 these Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever barred. Nothing
contained in this document shall be construed to limit in any way the
actions Email Command may take or remedies available to us. EmailCommand.com
reserves at all times all rights and remedies available to us at law
or in equity. Non-enforcement of any provision of these Terms of Service,
any EmailCommand.com policy or any other rights does not constitute consent
or waiver, and EmailCommand.com reserves the right to enforce such provision,
policy or right at its sole discretion.
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