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iTotalFind.com Mail End
User Services Agreement
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By using iTotalFind.com Mail, you
agree to the following terms and conditions:
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iTotalFind.com's SERVICES ARE USED IN PROVIDING
THESE SERVICES TO YOU ON THIS SITE ("SERVICES") AND
INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE
TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM
TIME TO TIME UPON NOTICE FROM iTotalFind.com, WHICH NOTICE MAY BE
PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE
SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED
USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES,
CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT
AND EXHIBIT A HERETO. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU
MUST NOT USE THE SERVICES!
iTotalFind.com END-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 iTotalFind.com's services
("User"), iTotalFind.com, and the owner of the Web site through which
you have requested iTotalFind.com's services ("Client"). iTotalFind.com's services, as described below in Section 2 and Exhibit
A hereto (the "Services"), include proprietary materials,
the use of which is subject to the terms and conditions of this
Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company on behalf of Client, are provided
to User under the terms and conditions of this Agreement and Exhibit
A hereto, any amendments to this Agreement and/or Exhibit A, and any
operating rules or policies that may be published from time to time
by Company and Client, 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.
2. DESCRIPTION OF SERVICES
Company, on behalf of Client, is providing User with any or all of
the following services: (a) email; (b) meta-search; (c) community
services; and (d) any other services which Company may elect to
provide on behalf of Client in the future. These Services are
provided to User at the discretion of Client, and Company has no
obligation to provide the Services directly to User. Company does
not charge User for the Services (though Company may do so at any
time in the future), but may charge for enhancements User may elect
to obtain (e.g., Mail Plus). Company reserves the right to delete
any User's account if such User does not access such account for a
period of sixty (60) consecutive days.
Company and Client also reserve the right to modify or discontinue,
temporarily or permanently, the Services with or without notice to
User. User agrees that Company, Client, and their third party
service providers shall not be liable to User or any third party for
any modification or discontinuance of the Services.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the
Services. In consideration of use of the Services, 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. 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.
4. USE OF REGISTRATION DATA
User acknowledges that Registration Data is to be shared between
Company and Client. Company and Client agree not to contact User if
User informs Company of User's preference not to be contacted.
Company shall inform Client if User states a preference not to be
contacted. However, Company shall not be responsible or liable if
Client contacts User, permits a third party to contact User, or
provides or discloses User's Registration Data to any third party.
User agrees that Company, Client, or a designee of Company or Client
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) User has joined the Everyone.Benefits!™ program, has
co-registered to receive any third party products or services, or
has otherwise authorized Company and/or Client to disclose such
information; (b) such disclosure is required by law or legal
process; or (c) User violates any of the terms set forth in Section
7 below.
This Agreement includes the terms and conditions of Company's
Privacy Policy, a copy of which is located at http://www.iTotalFind.com/privacy.html,
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.
5. USER CONTENT
Company and Client consider 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, Client, 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, Client, 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, Client 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, tortious, or otherwise
objectionable content, or content that infringes or may infringe the
intellectual property or other rights of another.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will be asked to choose the first part of its user name, which
will be followed by the "@" symbol and Client's domain
name (Example: YourNameHere@ClientSite.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.
7. USER CONDUCT
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.
8. INDEMNITY
User agrees to indemnify and hold Company, Client, 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.
9. STORAGE OF COMMUNICATIONS
Company, Client, 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.
10. TERMINATION
(a) User agrees that Company, Client, or their third party service
providers may terminate User's password, account, or use of the
Services if Company, Client, 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, Client, or their third party service
providers or other Users or parties. User further agrees that
Company, Client, 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 sixty (60) days, as
determined from time to time by Company and Client.
(b) User agrees Company and Client 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.
11. LINKS
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 "deep link" which leads to a web
page, other than the home page, of another party's web site unless
such a link is authorized by the owner of that web site. User
acknowledges and agrees that Company, Client, and their third party
service providers are not responsible for the availability of such
external sites or resources, or for User's use of deep links, and
that Company, Client, 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.
12. COMPANY'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 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, Client, or advertisers, as
applicable, and may not copy, reproduce, transmit, distribute, or
create derivative works of such content or information without such
express authorization.
13. DISCLAIMER OF WARRANTIES
(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, CLIENT, 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, CLIENT, 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, CLIENT 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, CLIENT, 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.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY, CLIENT 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, CLIENT, OR THEIR THIRD PARTY SERVICE
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY, CLIENT, 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.
(f) If you have chosen the virus scanner, please be advised that
this virus scanner may not be able to detect or repair all viruses
and variants, as new viruses and variants frequently appear. Please
be aware that there is a risk involved whenever downloading email
attachments to your computer or sending email attachments to others
and that, as provided in the Terms of Service, neither iTotalFind.com
nor its licensors are responsible for any damages caused by your
decision to do so.
15. AMENDMENT
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.
16. GENERAL
Company's and Client's 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 and
Client shall be governed by the laws of the State of California
without regard to its conflict of law provisions. User, Company, and
Client agree to submit to the personal and exclusive jurisdiction of
the courts located within the state of California. The failure of
Company, Client, 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.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE
BOUND BY ALL OF ITS TERMS. |
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