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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 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 bubufu 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.Their/p_policy.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. ss, telephone or facsimile number, or account number, unless: (a) User has joined the bubufu 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.Their/p_policy.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 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. stupsertod, stup367site stupgr19
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