Acceptable Use Policy
The following policy governs
the use of the Anything Email Service by User. User will comply with
the terms and spirit of the Agreement.
User agrees to indemnify
and hold Anything Email and its licensors, parents, subsidiaries,
affiliates, network partner sites, officers and employees ("Affiliated
Parties"), 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 Anything Email Service, the violation of the Agreement
by User, or the infringement by User, or by any other user of the
Anything Email Service using User's computer, of any intellectual
property or other right of any person or entity, or as a result of
any threatening, libelous, obscene, harassing or offensive material
contained in any User communications.
ANYTHING EMAIL EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE ANYTHING EMAIL SERVICE. THE ANYTHING EMAIL SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE ANYTHING EMAIL SERVICE IS BORNE BY USER. ANYTHING EMAIL MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE ANYTHING EMAIL SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ANYTHING EMAIL OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ANYTHING EMAIL SERVICE, THE PERFORMANCE OF ANYTHING EMAIL SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ANYTHING EMAIL BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT ANYTHING EMAIL RECEIVED FROM USER FOR THE ANYTHING EMAIL SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
Anything Email assumes no responsibility for the deletion or failure to store, deliver or timely deliver messages. Without limiting the foregoing sentence, Anything Email may, from time to time and without notice, set limit(s) on the number of messages a member may send, store, or receive through the service, and Anything Email retains the right to delete any emails above such limit(s) without any liability whatsoever, and User hereby releases Anything Email from any such liability. Any notice provided by Anything Email to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).
User represents that the user id selected by the User, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, Anything Email may immediately suspend the use of such Anything Email e-mail address, and User will indemnify and hold Anything Email harmless, in accordance with the Indemnification section above, for any claim or demand against Anything Email that arises out of such selection. User acknowledges and agrees that neither Anything Email nor any of its licensors shall be liable to User in the event Anything Email is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of a Anything Email e-mail address. If as a result of such action, User loses an e-mail address, the User's sole remedy shall be the receipt of a replacement Anything Email e-mail address.
Anything Email reserves the right to modify the Anything Email Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement at any time, without notice. Continued use of the Anything Email Service after such modifications shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement.
Anything Email Service may be terminated for any reason, in whole or in part, effective immediately, by either Anything Email at any time without notice and without any liability whatsoever, and User hereby releases Anything Email from any such liability. Upon termination, User's right to use the Anything Email Service immediately ceases, and Anything Email is not obligated to forward any unread or unsent messages to User or any third party. Anything Email shall not be liable to User or any third party for termination of the Anything Email Service. In the case of a terminated paid Anything Email Service ("Premium Service"), upon written request to Anything Email, User shall receive at Anything Email's option, either i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the Anything Email Service is terminated due to User's violation of the terms of this Agreement. Anything Email reserves the right to terminate User's e-mail address in the event that Anything Email's rights to use certain domain names or e-mail addresses terminate or expire. In addition, Anything Email retains the right, at Anything Email's sole discretion, to terminate any and all parts of the Anything Email Service provided to User, without refunding User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If Anything Email determines that User has failed to comply with any of the terms of the Acceptable Use Policy above, Anything Email shall, if and when it deems it appropriate, (1) facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to Anything Email for any direct, indirect, special, incidental, or consequential damages incurred by Anything Email as a result of User's spamming or other prohibited activity.
If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.
User and Anything Email 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.
No waiver on the part of Anything Email to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.
Anything Email Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of any Anything Email successor companies or assigns.
The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements executed and performed wholly within the State of Florida.
Copyright © 2004 Anything Email, A Division of
The Equala Communications Group, Inc. All Rights Reserved.