This email service ("SERVICE") includes proprietary materials, the use
of which is subject to the terms and conditions of this electronic
mail end user agreement.
This Electronic Mail End User Agreement ("Service Agreement") is an
agreement between you and eMissives.com.
I. ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT: The Service, provided
by eMissives.com is provided to you ("User") under the terms and
conditions of this Service Agreement, and any amendments thereto and
any operating rules or policies that may be published from time to
time by eMissives.com, all of which are hereby incorporated by
reference. The Service Agreement comprises the entire agreement
between User and eMissives.com and supersedes any prior agreements
pertaining to the subject matter contained herein. BY COMPLETING THE
APPLICATION FORM AND CLICKING THE "Send" BUTTON,
YOU ARE AGREEING TO BE BOUND BY THE SERVICE AGREEMENT.
II. DESCRIPTION OF SERVICE: eMissives.com is providing User
with the capability to send and receive electronic mail via the
Internet on eMissives.com's electronic mail system.
There is currently no fee for this service.
User must: (a) provide for User's
own access to the Internet and pay any service fees associated
with such access, and (b) provide all equipment necessary for User to
make such connection to the Internet, including a computer,
modem and email client.
III. USER'S REGISTRATION OBLIGATIONS: In consideration of use of the
Service, User agrees to: (a) provide true, accurate, current and
complete information about User as prompted by the Registration Form,
and (b) to maintain and update this information to keep it true,
accurate, current and complete. This information about a User shall be
referred to as "Registration Data." If any information provided by
User is untrue, inaccurate, not current or incomplete,
eMissives.com has the right to terminate User's account and refuse any and
all current or future use of the Service.
IV. USE OF REGISTRATION DATA: eMissives.com will never sell or give
away User's email address or other personal information from our
database. User understands and agrees eMissives.com or a designee
of eMissives.commay disclose Registration Data to third parties
about User and information about User's use of the Service in
situations where it is required by law or legal process, or as set
forth in Paragraph VII below.
V. MODIFICATIONS TO AGREEMENT: eMissives.com may change the
Service Agreement from time to time. Users will be notified of any
such changes by email. Continued use of the service constitutes
acceptance of the revised terms.
VI. MODIFICATIONS TO SERVICE: eMissives.com reserves the right to
modify or discontinue, temporarily or permanently, the Service with or
without notice to User. User agrees that eMissives.com and their
third party service providers shall not be liable to User or any
third-party for any modification or discontinuance of the Service.
A. eMissives.com considers email transmitted via the Service to
be the private correspondence between the sender and recipient.
eMissives.com will not monitor, edit or disclose the
contents of a User's private communications, except that User
understands and agrees that
eMissives.com 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 the Service Agreement; (d) to respond to claims
that such contents violate the rights of third-parties; (e) to protect
the rights or property of eMissives.com, its third party service
providers or others.
B. User understands and agrees that technical processing of email
communications 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 Service; or (d) to
conform to other, similar technical requirements.
C. User acknowledges and agrees that eMissives.com 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, or otherwise objectionable content, or content that
infringes or may infringe the intellectual property or other rights of
D. The Service Agreement includes the terms and conditions of
and which is hereby incorporated by reference.
VIII. USER ACCOUNT, PASSWORD AND SECURITY: User will receive a
password and account designation upon completing the registration
process. User is responsible for maintaining the confidentiality of
the password and account, and is fully responsible for all activities
which occur under User's password or account. User agrees to
immediately notify eMissives.com of any unauthorized use of User's
password or account or any other breach of security.
IX. USER CONDUCT:
A. User agrees to abide by all applicable local, state, national, and
international laws and regulations in User's use of the Service, and
agrees not to interfere with the use and enjoyment of the Service by
other Users. User agrees to be solely responsible for the contents of
User's transmissions through the Service.
B. User agrees (a) not to use the Service for illegal purposes; (b)
not to interfere with or disrupt the Service or servers or networks
connected to the Service; (c) to comply with all requirements,
procedures, policies and regulations of networks connected to the
Service; and (d) to comply with all applicable laws regarding the
transmission of technical data exported from the United States.
C. User agrees not to transmit through the Service any unlawful,
harassing, libelous, privacy invading, abusive, threatening, harmful,
vulgar, obscene, indecent or otherwise objectionable material of any
kind. User agrees not to transmit any material that violates the
rights of another, including but not limited to the intellectual
property rights of another. User agrees not to transmit any material
that violates any applicable local, state, national, or international
law or regulation. User agrees not to attempt to gain unauthorized
access to other computer systems or networks connected to the Service.
User agrees not to transmit "junk mail", "spam", "chain letters", or
unsolicited mass distribution of email.
X. INDEMNITY: User agrees to indemnify and hold eMissives.com 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 Service, User's connection
to the Service, User's violation of the Service Agreement, or User's
violation of any rights of another.
XI. NO RESALE OF SERVICE: User agrees not to resell the Service or use
of or access to the Service.
XII. EMAIL STORAGE: eMissives.com and their third party service
providers assume no responsibility for the deletion or failure to
store email messages. eMissives.com may establish an upper limit on the size
of message storage it will maintain for User.
A. User agrees that eMissives.com or their third party service
providers may terminate User's password, account or use of the Service
if eMissives.com or their third party service providers believe (a)
that User has violated or acted inconsistently with the letter or
spirit of the Service Agreement, or (b) that User has violated the
rights of eMissives.com or their third party service providers or
other Users or parties. User further agrees that eMissives.com and
their third party service providers may terminate User's password,
account or use of the Service if User fails to use the Service at
least one time during a reasonable period of time as determined by
eMissives.com from time to time which period shall not be less
than three months.
B. User acknowledges and agrees that any termination of Service under
any provision of this Agreement may be effected without prior notice,
and acknowledges and agrees that eMissives.com may immediately
delete email files in User's account and bar any further access to
such files or the Service.
XIV. DEALINGS WITH ADVERTISERS: User's correspondence with or
participation in promotions of advertisers found on the Service,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between User and such advertiser. User
agrees not to hold eMissives.com or their third party service
providers liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
XV. LINKS: The Service may provide, or Users may include in email,
links to other Web sites or resources. User acknowledges and agrees
that eMissives.com and their third party service providers are not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites or resources. User agrees that eMissives.com and their third
party service providers shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods
or services available on such external sites or resources.
XVI. eMissives.com'S PROPRIETARY RIGHTS: 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 Service or
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 eMissives.com or advertisers, as
applicable, and may not copy, reproduce, transmit, distribute, or
create derivative works of such content or information without express
XVII. DISCLAIMER OF WARRANTIES:
A. USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
B. eMissives.com AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
C. eMissives.com AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO
WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
eMissives.com OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE 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 THE USE OF OR
FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT
USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
E. eMissives.com AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
F. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM eMissives.com OR THEIR THIRD PARTY SERVICE PROVIDERS OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF
THIS IS THE CASE YOU ARE NOT ELIGIBLE TO SIGN UP FOR OR USE
eMissives.com SERVICES AT ANY TIME.
XVIII. LIMITATION OF LIABILITY:
A. USER AGREES THAT eMissives.com AND THEIR THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE 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 INTANGIBLE, EVEN
IF eMissives.com OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. USER FURTHER AGREES THAT eMissives.com AND THEIR THIRD PARTY
SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM
INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY APPLY TO YOU.
XIX. THIRD PARTY BENEFICIARIES: eMissives.com's third party
service providers are intended beneficiaries of the Service Agreement.
XX. NOTICE: Any notice to User or to the Service shall be made via
either email or regular mail. The Service may also provide notices of
changes to the Service Agreement or other matters by displaying
notices to Users generally on the web site.
A. eMissives.com shall not be liable to User for any breach
B. The failure of eMissives.com and their third party service
providers to exercise or enforce any right or provision of the Service
Agreement shall not constitute a waiver of such right or provision. If
any provision of the Service 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 the other provisions of
the Service Agreement remain in full force and effect.
C. 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
Service or the Service Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
D. The section titles in the Service Agreement are for convenience
only and have no legal or contractual effect.
E. If you reside in an area that is exempt from any portion or all of
this agreement, then you are not eligible to sign up for or use
eMissives.com services of any kind at any time.