Agreement of Terms and Conditions

By subscribing to and utilizing the Portal services, you are deemed to have agreed to and be bound by the following Terms and Conditions of this Agreement.

Definitions

"Service" or "Services" means Portal services and any and all services provided by the Company to you, including but not limited to, voicemail, fax-mail, conference calling, long distance and any additional offerings by the Company used by you.

Rights

The Company and any third party vendors retain all right, title and interest to the Services including all copyrights, trademarks and all other intellectual property rights thereto. User may not, nor allow any third party, to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no use of trademarks is granted under this Agreement. User may not grant any sublicense, leases or other rights in the Portal services to any third party. The Company retains all rights not expressly granted under this Agreement.

User Registration

User provides all relevant data to the Company upon signing up for the Services and at subsequent times as requested by the Company. User shall update the registration data as applicable. Upon completion of all registration information and acceptance of this Agreement, user will receive a password and an account number. User is solely responsible for maintaining the confidentiality of user's password and account number. User shall not give this information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on user's account. User shall immediately notify the Company if any unauthorized use of user's account has occurred or any other breach of security.

Termination

Either party may terminate this Agreement upon written notice to the other party. Upon termination, user shall immediately cease to use the Services and the Company and any third party vendors shall have any further obligations whatsoever to user. The Company shall not be liable to the user or any third party, for any reason, for The Company’s terminating this Agreement.

Indemnification

User shall indemnify and hold harmless the Company, its directors, officers, employees, agents and any third party vendors from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by user, user's use of the Services and any breach of the terms and conditions of this Agreement by user.

Modification To Services

During the term of this Agreement, the Company may modify or discontinue the Portal services. The Company shall not be liable to the user or any third party for any reason for the Company modifying or terminating of such Portal services. The user is responsible for creating a back-up copy of any important or critical information that is stored on the Portal services.

Modification to Agreement

You agree that the Company and any third party vendors may change these terms and conditions or its rates for any or all portions of the Services at any time upon ten (10) days prior notice. You agree that the Company may give you notice of such changes by posting such changes to the Web site, by electronic mail or by conventional mail (based on the address provided by you when you subscribed). The ten (10) day time period begins to run when the notice is given and by continuing to use the Portal services after the effective date of such changes, you agree to be bound by any such modified terms and conditions of the Services.

Compliance with Laws

Your Service account may only be used for lawful purposes. You agree that your access to and your use of your Service account is subject to all applicable federal, state and local laws and regulations.

User further agrees to comply with U.S. Export laws concerning the transmission of technical data and other regulated materials via the service.

 

Right to Remove Certain Materials and Disclaimer of Liability

The Company and any third party vendors is under no obligation to, and does not actively monitor, nor exercise editorial control over the content of any Web site, electronic mail transmission, mailing list, news group or other material created or accessible through the Company Services and assumes no responsibility or liability relating to any such content. The Company reserves the right to monitor content placed on the Service sites and to remove any materials the Company does become aware of that, in the Company’s sole discretion, are potentially illegal, could subject the Company to liability, or are in violation of these terms and conditions. The Company also reserves the right to identify and restrict same or substantially similar electronic mail messages, whether or not commercial, to a large number of recipients (sometimes known as spamming). Because the Company has no practical ability to restrict all conduct, communications or content which might violate these terms and conditions prior to its transmission on the Company’s systems, and because the Company cannot ensure prompt removal of any such communications or content after transmission or posting, the Company does not assume liability to you or others for any failure to enforce the terms of these terms and conditions.

 

Specifications that Violate Terms and Conditions

You agree that it is a violation of these Terms and Conditions to use the Company Services, and you agree not to use the Company Services for the following:

• For any illegal purpose, or in support of any illegal activity.

• For the unauthorized distribution or copying of: (i) copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted software or (ii) material protected by intellectual property rights or laws.

• To export software or technical information in violation of U.S. export control laws.

• To post, publish, transmit, distribute or make available any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

• To harass, blackmail, defraud or threaten bodily harm or property damage to individuals or groups. To impersonate the Company or any other person, firm, company or other entity.
• To promote scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.

• To make fraudulent offers of products, items or services. To access, or attempt to access, the accounts of others, or attempting to penetrate security measures of The Company’s or other entities' systems ("hacking"), whether or not the intrusion or attempted intrusion results in corruption or loss of data.

To harass others by mail-bombing. Mail-bombing constitutes sending more than ten (10) similar mail messages to the same e-mail address. To send unsolicited e-mail messages where the recipient objects to the content of the message or to the receipt of the message in general. To use Services in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients (sometimes known as "spamming"), or to receive responses to similar messages whether sent using the Services or otherwise. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of the Company’s service, equipment or any electronic mail addresses. A message is unsolicited if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. To forge any message header, in part or whole, of any electronic transmission, originating or passing through the Company Services: or to impersonate any person. To distribute viruses to, from, or through the Company systems. To collect personal information, including Internet addresses, about other Services users. In connection with any software or device that permits you to stay connected to the Services when you are not actively using the Services in accordance with these Terms and Conditions.

 

Availability of Service

You acknowledge and agree that the Company nor any third party vendors cannot and does not guarantee (i) that the Service and Service sites will be available at all times, (ii) that voice mail or e-mail messages or other Services will be delivered or received within a particular time, or will be transmitted accurately, (iii) that voice mail or e-mail messages will be stored for any particular time, or (iv) that each and every country will be accessible through its access numbers. You acknowledge and agree (i) that the Company cannot and does not guarantee, and assumes no liability for, the security or confidentiality of data transmitted to or from the Service, (ii) that no computer system is immune from intrusion, (iii) that data transmitted to or from the Service may pass through many computer systems, and (iv) even encrypted data is only as secure as the encryption method used to protect it and may not offer complete security.

Emergency/911 Calls

The user acknowledges that it will not hold the Company or the network services provider liable for any emergency/911 calls.

 

Third-Party Advertiser

Users may enter into transactions with advertisers on the Services. Such transactions are between user and advertisers. The Company nor any third party vendors has no connection with any such transaction, and assumes no liability for any such transactions.

 

General

This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services. In the event any portion of this Agreement shall be held illegal, void or ineffective, the remaining portions hereof shall remaining full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties. All notices under this Agreement shall be in writing and delivered by e-mail. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of law provisions. Both parties submit to the jurisdiction of the state and federal courts of California. User agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause the Company and/or any third party vendors irreparable harm and all effected parties may obtain injunctive relief as well as seek all other remedies available to the Company in law and in equity. User shall not assign its rights under this Agreement. The Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives. The failure of the Company to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. user acknowledges that user will comply with the laws and export regulations of the United States.