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 POLICY
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
right DTS 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.
ALSO PLEASE NOTE THAT DUE TO THE HIGH VOLUME OF SPAMMING PILING UP ON
THE SERVER AND CLOGGING THE SYSTEM, EMAIL ACCOUNTS WILL BE DISABLED IF
NOT USED FOR MORE THAN 6 months – 180 DAYS AND WE STRONGLY ENCOURAGE OUR
MEMBERS NOT TO LEAVE THEIR MAIL ON THE SERVER INDEFINITELY.
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 RIGHT DTS 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 copyright DTS, trademarks, service marks, patents or other
proprietary right DTS 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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