Web
hosting Customer Agreement
Acceptance
of Terms of Service
for PowerMail (iPlanetMail)
EverPlanet,
Inc. is provided as part of its service as part of plans hosted to registered users (each, a
"User") under these Terms of Use.
BY
COMPLETING THE REGISTRATION PROCESS AND A USER OF ANY DOMAIN HOSTED
BY EVERPLANET, YOUR ARE TO BE BOUND BY THESE TERMS OF USE.
These Terms
of Use form independent agreements between User and EverPlanet,
Inc.. EverPlanet, Inc. shall be liable to User for any breach of
these Terms of Use by the other, and User agrees that User’s sole
recourse in case of such breach shall be against the breaching
party.
Registration
Information
EverPlanet,
Inc. will not disclose any individual User's name, address, email
address or telephone number to third parties. EverPlanet, Inc.
reserves the right to terminate any User's account if EverPlanet,
Inc. learns that such User has provided EverPlanet, Inc. false or
misleading registration information.
Modifications
of these Terms of Use
EverPlanet,
Inc. may modify these Terms of Use from time to time in its sole
discretion. EverPlanet, Inc. will provide Users with reasonable
notice of any such changes, and continued use of EverPlanet, Inc.
will be conditioned upon each User's affirmative acceptance of any
such changes.
Modifications
of EverPlanet, Inc.
EverPlanet,
Inc. may modify or discontinue EverPlanet, Inc. (or User's account)
with or without notice to any User, without liability to any User or
any third party.
Member
Conduct
You agree to
abide by all applicable local, state, national and international
laws and regulations and are solely responsible for all acts or
omissions that occur under your account or password, including the
content of your transmissions through EverPlanet, Inc.. By way of
example, and not as a limitation, you agree not to:
- use
EverPlanet, Inc. in connection with chain letters, junk email,
spamming or any duplicative or unsolicited messages (commercial
or otherwise);
- harvest
or otherwise collect information about others, including email
addresses, without their consent;
- create a
false identity or forged email address or header, or otherwise
attempt to mislead others as to the identity of the sender or
the origin of the message;
- transmit
through EverPlanet, Inc. unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature;
- transmit
any material that may infringe the intellectual property rights
or other rights of third parties, including trademark, copyright
or right of publicity;
- transmit
any material that contains viruses, Trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious programs;
- violate
any Hong Kong or U.S. law regarding the transmission of
technical data or software exported through EverPlanet, Inc.;
- interfere
with or disrupt networks connected to EverPlanet, Inc. or
violate the regulations, policies or procedures of such
networks;
- attempt
to gain unauthorized access to EverPlanet, Inc., other accounts,
computer systems or networks connected to EverPlanet, Inc.,
through password mining or any other means; or
- interfere
with another member's use and enjoyment of EverPlanet, Inc. or
another entity's use and enjoyment of similar services.
Contents of
Messages
EverPlanet,
Inc. does not, and cannot, monitor, censor or edit the contents of
Users' email messages. Users alone are responsible for the contents
of their messages, and the consequences of any such messages. User
agrees that it will not use EverPlanet, Inc. for chain letters, junk
mail, "spamming", solicitations (commercial or
noncommercial) or any use of distribution lists to any person who
has not given specific permission to be included in such a process.
User further agrees not to use EverPlanet, Inc. to send any messages
or material that are unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature or 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.
EverPlanet, Inc. reserves the right to terminate User's account if
it becomes aware and determines, in its sole discretion, that User
is violating any of the foregoing guidelines. It is EverPlanet,
Inc.'s policy to respect the privacy of its Users.
Account and
Password
User is
responsible for maintaining the confidentiality of its account name,
number, and password. User shall be responsible for all uses of its
account, whether or not authorized by User. User agrees to
immediately notify EverPlanet, Inc. of any unauthorized use of its
account.
Disclaimer
of Warranties
USER
EXPRESSLY AGREES THAT USE OF EVERPLANET, INC.'s POWERMAIL(iPLANETMAIL) IS AT
USER'S SOLE RISK. POWERMAIL(iPLANETMAIL) IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. EVERPLANET, INC. EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
EVERPLANET,
INC. DOES NOT MAKE ANY WARRANTY THAT EVERPLANET, INC. WILL MEET
USER'S REQUIREMENTS, OR THAT EVERPLANET, INC. WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES EVERPLANET, INC. MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
POWERMAIL(iPLANETMAIL) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH POWERMAIL(iPLANETMAIL).
USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF EverPlanet, Inc. IS AT USER'S
OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EverPlanet, Inc.
DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH EverPlanet, Inc. OR ANY TRANSACTIONS ENTERED
INTO THROUGH EverPlanet, Inc.. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER THROUGH EverPlanet, Inc. SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation
of Liability
EverPlanet,
Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE EverPlanet, Inc. OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH EverPlanet, Inc. OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF EverPlanet, Inc. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Email
Message Storage
EverPlanet,
Inc. does not assume any responsibility for the deletion or failure
to store email messages.
Promotional
Messages
EverPlanet,
Inc. and/or third parties may, from time to time, advertise in
PowerMail(iPlanetMail). EverPlanet, Inc. does not make any representation or
warranty with respect to the content of any such email messages or
any goods or services which may be obtained from such third parties,
and User agrees that EverPlanet, Inc. shall not have any liability
with respect thereto.
Indemnification
User agrees
to indemnify and hold each of EverPlanet, Inc., their 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 EverPlanet, Inc., the
violation of these Terms of Use by User, or the infringement by
User, or any other user of User's account, of any intellectual
property or other right of any person or entity.
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