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You agree to
provide true and correct information about yourself in the registration
form. |
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B. |
You agree not to
use the service for illegal purposes or for the transmission of material
that is unlawful, harassing, libelous, mean, invasive of another's privacy,
abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise
objectionable, or that infringes or may infringe the intellectual property
or other rights of another. |
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C. |
You agree not to
use the service for the transmission of "junk mail", "spam", "chain
letters", or unsolicited mass distribution of email.
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D. |
You agree that
TypicalHost may in their sole discretion terminate your account if they
believe you have in any way violated the Terms of Service. |
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E. |
Please report any
violations of the Terms of Service to
sales@typicalhost.com. |
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I.
Acknowledgement and acceptance of Terms of Service |
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The POP3 E-mail service
(the "SERVICE"), owned and operated by TypicalHost, is provided to you (the
"USER") under the terms and conditions of this Terms of Service and any
amendments thereto and any operating rules or policies that may be published
from time to time by TypicalHost. BY COMPLETING THE REGISTRATION PROCESS
AND CLICKING THE "GO" BUTTON BELOW, YOU ARE AGREEING TO BE BOUND BY THIS
TERMS OF SERVICE. |
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II.
Description of SERVICE |
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TypicalHost is providing
USER with the capability to send and receive electronic mail via the World
Wide Web on the TypicalHost system with paid subscription. USER must: (a)
provide for USER's own access to the World Wide Web and pay any service fees
associated with such access, and (b) provide all equipment necessary for
User to make such connection to the World Wide Web, including a computer and
modem. |
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III.
USER's registration obligations |
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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, TypicalHost has the right to
terminate USER's account and refuse any and all current or future use of the
SERVICE. |
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IV.
Modifications to SERVICE |
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TypicalHost reserves the
right to modify or discontinue, temporarily or permanently, the SERVICE with
or without notice to USER. USER agrees that TypicalHost shall not be liable
to USER or any third-party for any modification or discontinuance
of the SERVICE |
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V. TypicalHost mail
privacy policy |
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TypicalHost considers
e-mail transmitted via the SERVICE to be the private correspondence between
the sender and recipient. TypicalHost will not monitor, edit or disclose
the contents of a USER's private communications, except that USER agrees
TypicalHost may do so: (a) as required by law; (b) to comply with
legal process; (c) if necessary to enforce the Terms of Service; (d) to
respond to claims that such contents violate the rights of third-parties; (e) to protect the
rights or property of TypicalHost or others. |
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USER understands and agrees
that technical processing of email communications is and may be required |
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(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. |
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USER acknowledges and agrees
that TypicalHost does not endorse the content of any USER communications
and is not responsible or liable for any unlawful, harassing, libelous,
privacy invading, abusive, threatening, harmful, vulgar, mean, obscene,
tortuous, or otherwise objectionable content, or content that infringes or
may infringe the intellectual property or other rights of another. |
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VI.
Member account, password and security |
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USER will receive a valid
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 the SERVICE of
any unauthorized use of USER's password or account or any other breach of
security. |
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VII.
Member conduct |
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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.
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 place of origin. USER agrees not to transmit through the SERVICE any
unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene 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. Finally, USER agrees not to transmit
"junk mail", "spam", "chain letters", or unsolicited mass distribution of
email. |
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VIII.
Indemnity |
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USER agrees to indemnify and
hold TypicalHost, 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
Terms of Service, or USER's violation of any rights of another. |
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IX.
E-mail storage |
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TypicalHost assumes no
responsibility for the deletion or failure to store email messages.
TypicalHost may establish an upper limit on the size of message storage it
will maintain for USER based on the plan it subscribes to. |
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X.
Termination |
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User agrees that
TypicalHost may terminate USER's password, account or use of the SERVICE if
TypicalHost believes (a) that USER has violated or acted inconsistently
with the Terms of Service, or (b) that USER has violated the rights of
TypicalHost or other Users or parties. USER acknowledges and agrees that
any termination of service under this Agreement under any provision of this
Agreement may be effected without prior notice, and acknowledges and agrees
that TypicalHost may immediately delete e-mail files in USER's account and
bar any further access to such files or the SERVICE. |
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XI.
Disclaimer of warranties |
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USER expressly agrees that
the use of the SERVICE is at member’s sole risk. The SERVICE is provided on
an “as is” and “as available” basis. TypicalHost 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. TypicalHost make no warranty that
the service will meet user’s requirements, that the service will be
uninterrupted, timely, secure, or error free nor does TypicalHost 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. USER understands
and agrees that any material and/or data 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 and/or data. |
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XII.
Limitation of liability |
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USER agrees that
TypicalHost 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 TypicalHost has been advised of the
possibility of such damages. USER further agrees that TypicalHost 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. |
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XIII.
NOTICE |
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Any notice to USER or to the
SERVICE shall be made via e-mail. The SERVICE may also provide notices of
changes to the Terms of Service or other matters by displaying notices to
Users generally on the SERVICE. |
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