1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The DISCACCIATI MAIL Service ("Service"), owned and operated by DISCACCIATI MAIL. ("DISCACCIATI MAIL"), is provided to you ("Member") under the terms and conditions of this DISCACCIATI MAIL Terms of Service (DTS) and any operating rules or policies that may be published by DISCACCIATI MAIL. The DTS comprises the entire agreement between Member and DISCACCIATI MAIL and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE DTS.
2. DESCRIPTION OF SERVICE
DISCACCIATI MAIL is providing Member with a capability to send and receive electronic mail ("email") via the World Wide Web and on DISCACCIATI MAIL's own system. DISCACCIATI MAIL will not charge Member for this Service. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2)provide for own access to the World Wide Web and pay any telephone service fees associated with such access. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants DISCACCIATI MAIL the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs DISCACCIATI MAIL, or any other person Member may specifically designate to disclose such information through the Service as provided by the Service or (2) DISCACCIATI MAIL is required to disclose such information by any applicable law or legal process served on DISCACCIATI MAIL. If any information provided by Member is inaccurate, DISCACCIATI MAIL retains the right to terminate Member's membership and rights to use the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
DISCACCIATI MAIL may change the terms and conditions of the DTS from time to time. Upon any change in the terms and conditions of the DTS, DISCACCIATI MAIL will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you may terminate your use of the Service at that time.Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the DTS and its modifications; and (2) agreement by Member to abide and be bound by the DTS and its modifications.
4. MODIFICATIONS TO SERVICE
DISCACCIATI MAIL reserves the right to modify or discontinue the Service with or without notice to Member. DISCACCIATI MAIL shall not be liable to Member or any third party should DISCACCIATI MAIL exercise its right to modify or discontinue the Service.
5. PRIVACY POLICYE
mail is private correspondence between the sender and the recipient. It is DISCACCIATI MAIL's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, DISCACCIATI MAIL will not monitor, edit, or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on DISCACCIATI MAIL; (2) protect and defend the rigDTS or property of DISCACCIATI MAIL; or (3) act under exigent circumstances to protect the personal safety of its members or the public. Member acknowledges and agrees that DISCACCIATI MAIL neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights DTS arising therefrom or any crime facilitated thereby. Member acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password or icon at any time by following instructions; you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify DISCACCIATI MAIL of any unauthorized use of Member's account or any other breach of security known to Member.
7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISCACCIATI MAIL 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. DISCACCIATI MAIL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DISCACCIATIMAIL 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. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. DISCACCIATI MAIL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM DISCACCIATI MAIL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
DISCACCIATI MAIL 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 PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF DISCACCIATI MAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member may only be an individual: Member may not be a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service, without the express consent of DISCACCIATI MAIL.
10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
DISCACCIATI MAIL assumes no responsibility for the deletion or failure to store email messages. DISCACCIATI MAIL has set no fixed upper limit on the number of messages a Member may send or receive through the Service; however, DISCACCIATI MAIL retains the right, at DISCACCIATI MAIL's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the DTS and may terminate Service if a Member's conduct is found to be inconsistent with the DTS.
12. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. DISCACCIAT IMAIL may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the DTS.
13. INDEMNIFICATION
Member agrees to indemnify and hold DISCACCIATI MAIL, its 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 Member's use of the Service, the violation of this DTS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
14. TERMINATION
Either Member or DISCACCIATI MAIL may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. DISCACCIATI MAIL shall not be liable to Member or any third party for termination of Service. Should Member object to any terms and conditions of the DTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify DISCACCIATI MAIL of termination. Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and DISCACCIATI MAIL will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
15. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. DISCACCIATI MAIL may broadcast notices or messages through the Service to inform Member of changes to the DTS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. DISCACCIATI MAIL assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGDTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by DISCACCIATI MAIL or DISCACCIATI MAIL's Advertisers, is protected by copyrigDTS, trademarks, service marks, patents or other proprietary rigDTS and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
18. LAWS
The DTS shall be governed by and construed in accordance with the laws of the state of New Jersey, excluding its conflict of law provisions. Member and DISCACCIATI MAIL agree to submit to the exclusive jurisdiction of the courts of the state of New Jersey. If any provision(s) of the DTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. DISCACCIATI MAIL's failure to exercise or enforce any right or provision of the DTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DISCACCIATI MAIL in writing. Member and DISCACCIATI MAIL agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the DTS are solely used for the convenience of the parties and have no legal or contractual significance.
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