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Special Deals
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E-MAIL Usage Agreement
This Personalized-e-mail.com e-mail Services User Agreement is by and
between Personalized-e-mail.com, and you, and is effective upon
execution. This agreement sets forth the terms and conditions of your
use of Personalized-e-mail.com's Email Account Services. Your use of
Email Accounts constitutes your agreement to all such terms and
conditions. By using e-mail Accounts, you acknowledge that you have
read, understand and agree to be bound by all the terms and conditions
of this agreement, along with any new, different or additional terms,
conditions or policies which Personalized-e-mail.com may establish from
time to time. You may view the latest version of this agreement online.
1. FEES
As consideration for the services purchased by you and provided to you
by Personalized-e-mail.com, you agree to pay Personalized-e-mail.com at
the time service is provided. Payment is to be made by you providing a
valid Credit/Debit card or submission of a check or money order for
charge by Personalized-e-mail.com, and is non-refundable. If for any
reason Personalized-e-mail.com is unable to complete your payment with
it's financial institution with the full amount owed Personalized-e-mail.com
for the service provided, or if Personalized-e-mail.com is charged back
for any fee it previously charged to the credit card you provided, you
agree that Personalized-e-mail.com may pursue all available remedies in
order to obtain payment.
2. TERMS OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as
long as you have any e-mail accounts with Personalized-e-mail.com. In
the event you terminate your e-mail accounts, Personalized-e-mail.com
will not transfer or manage your e-mail accounts or its contents.
You agree that Personalized-e-mail.com may modify this agreement from
time to time. Personalized-e-mail.com may also discontinue services it
provides under this agreement. You agree to be bound by any changes
Personalized-e-mail.com may reasonably make to this agreement when such
changes are made.
3. YOUR USE OF EMAIL ACCOUNTS
Personalized-e-mail.com has no obligation to monitor your use of e-mail
accounts. However, Personalized-e-mail.com reserves the right to review
materials you publish using e-mail accounts and to remove any materials
in its sole discretion. Personalized-e-mail.com reserves the right to
terminate your access to e-mail accounts at any time, without notice, if
the terms of this agreement are violated.
Personalized-e-mail.com reserves the right at all times to disclose any
information as Personalized-e-mail.com deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole
or in part, in Personalized-e-mail.com sole discretion.
4. NO UNLAWFUL CONDUCT OR IMPROPER USE
As a condition of your use of e-mail accounts, you agree not to use
e-mail accounts for any purpose that is unlawful or prohibited by these
terms and conditions.
Personalized-e-mail.com explicitly reserves the right to terminate your
account if it comes to Personalized-e-mail.com's attention that you are
using e-mail accounts for objectionable activities. Objectionable
activities include, but are not limited to: activities designed to
defame, embarrass, harm, abuse, threaten, slander or harass third
parties; activities prohibited by the laws of the United States and/or
foreign territories in which You conduct business; activities designed
to encourage unlawful behavior by others, such as hate crimes, terrorism
and child pornography; activities that are tortuous, vulgar, obscene,
invasive of the privacy of a third party, racially, ethnically, or
otherwise objectionable; activities designed to impersonate the identity
of a third party; and activities designed to harm minors in any way.
5. NO SPAM; LIQUIDATED DAMAGES
Personalized-e-mail.com will immediately terminate any account which it
believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk e-mail. In addition,
if actual damages cannot be reasonably calculated then you agree to pay
Personalized-e-mail.com liquidated damages of $1 for each piece of spam
or unsolicited bulk e-mail transmitted from or otherwise connected with
your account, otherwise you agree to pay Personalized-e-mail.com's
actual damages.
6. YOUR ACCOUNT SECURITY
When You register for e-mail accounts, you agree to complete the
registration process by providing current, complete and accurate
information. You are entirely responsible for maintaining the
confidentiality of your password and account information. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify Personalized-e-mail.com immediately of
any unauthorized use of your account or any other breach of security.
Personalized-e-mail.com will not be liable for any loss that you may
incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for
losses incurred by Personalized-e-mail.com or another party due to
someone else using your account or password.
7. YOUR PRIVACY AND USE OF YOUR PERSONAL INFORMATION
You may view the current Personalized-e-mail.com Privacy Policy online.
Please refer to the Privacy Policy for information regarding your
privacy and the collection and use of your personal information.
8. DISPUTE RESOLUTION POLICY
All disputes between you and Personalized-e-mail.com, other than those
involving Domain Name Disputes, shall be resolved through any court,
arbitration, mediation or other proceeding that may be available.
9. LIMITATION OF LIABILITY
You agree that Personalized-e-mail.com's entire liability to you under
this agreement, and your only remedy, in connection with any service
provided by Personalized-e-mail.com to you under this agreement, and for
any breach of this agreement by Personalized-e-mail.com, shall be
limited to the fees you paid to Personalized-e-mail.com for the
particular service in contention.
10. INDEMNITY
You agree to release, defend, indemnify and hold harmless
Personalized-e-mail.com and its contractors, agents, employees, offices,
directors and shareholders from and against any losses, damages or
costs, including reasonable attorney's fees, resulting from any claim,
action, proceeding, suit or demand arising out of or related in any way
to your account with Personalized-e-mail.com and/or your use of the
services provided by Personalized-e-mail.com.
11. REPRESENTATION AND WARRANTIES
You warrant that all information provided by you as part of the
application process is truthful, complete, current and accurate. You
also warrant that each application you make is being done so in good
faith and that you have no knowledge of it infringing upon or
conflicting with the legal rights of a third party or a third party's
trademark or trade name. You also warrant that your account with
Personalized-e-mail.com will not be used in connection with any illegal
activity.
You agree that Personalized-e-mail.com makes no representations or
warranties of any kind in connection with this agreement.
Personalized-e-mail.com expressly reserves the right to deny, cancel or
transfer any e-mail accounts that it deems necessary, in its discretion,
to protect the integrity and stability of the Personalized-e-mail.com’s
system, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of Personalized-e-mail.com, as well as its
affiliates, subsidiaries, officers, directors and employees.
Personalized-e-mail.com also reserves the right to freeze an account
during resolution of a dispute.
12. DISCLAIMER OF WARRANTIES
Personalized-e-mail.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.
13. VENUE; WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into the state of Wyoming, the
laws and judicial decisions of Big Horn County, Wyoming, shall be used
to determine the validity, construction, interpretation and legal effect
of this agreement. You agree that any action relating to or arising out
of this agreement, shall be brought in the courts of Big Horn County,
Wyoming.
You agree to waive the right to trial by jury in any proceeding that
takes place relating to or arising out of this agreement.
14. SEVERABILITY
You agree that the terms of this agreement are severable. If any part of
this agreement is determined to be unenforceable or invalid, that part
of the agreement will be interpreted in accordance with applicable law
as closely as possible, in line with the original intention of both
parties to the agreement. The remaining terms and conditions of the
agreement will remain in full force and effect.
15. NOTICES
You agree that all notices (except for notices concerning breach of this
agreement) from Personalized-e-mail.com to you may be posted on our web
site. Notices concerning breach will be sent either to the email or
postal address you have on file with Personalized-e-mail.com. In either
case, delivery shall be deemed to have been made five (5) days after the
date sent. Notices from you to Personalized-e-mail.com shall be made
either by e-mail or mailed to the address we provide on our Web site, or
first class mail to our address below. They shall be deemed to be
delivered when received by Personalized-e-mail.com through first class
mail the date they are received.
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Personalized-e-mail.com
ATTN: Michael Allanson
651 Montana Ave.
Lovell, WY 82431
Copyright © 2004 Personalized-e-mail.com. All Rights Reserved.
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