End-User Services Agreement
EVERYONE.NET'S SERVICES ("SERVICES") INCLUDE PROPRIETARY
MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER
AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM EVERYONE.NET. PROCEEDING
WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING
NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER
AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST RETURN TO THE
HOME PAGE NOW! IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY
LIMITED TO THESE TERMS; NO ADDITIONAL TERMS SHALL BECOME PART OF THIS AGREEEMENT.
EVERYONE.NET™ INCORPORATED END-USER SERVICES AGREEMENT
This End-User Services Agreement ("End-User Agreement") is an agreement between you and each of Everyone.net Incorporated, a California corporation located 2216 O'Toole Avenue, San Jose, CA 95131 ("Company") and [SITENAME] ("Partner").
I. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Everyone.net and Partner is provided to you ("User") under the terms and conditions of this End-User Agreement, and any amendments thereto and any operating rules or policies that may be published from time to time by Everyone.net and Partner, all of which are hereby incorporated by reference. The End-User Agreement comprises the entire agreement between User and Everyone.net and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE END-USER AGREEMENT.
II. DESCRIPTION OF SERVICES
Everyone.net and Partner are providing User with any or all of the following services: (a) electronic mail; (b) meta-search; (c) community services; and/or (d) any other services that Everyone.net and Partner may provide in the future. These Services are provided to User at the discretion of Partner, and Everyone.net has no obligation to provide the Services directly to User. Everyone.net does not charge User for the Services, but may charge for enhancements User may elect to obtain (though Everyone.net may in the future charge a fee for use of the Services). User must: (a) provide for User's own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including equipment necessary to access the Internet. Everyone.net reserves the right to delete any User's account if such User does not access such account for a period of sixty (60) consecutive days.
III. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the Services. For a user under the age of 13 to register for this service, the user's parent or legal guardian must provide proof of consent (ie: a signed form sent by postal mail or fax, a verified credit card number, a phone call to a trained professional, or an email with a digital signature, password or pin number) to Partner. In consideration of use of the Services, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the registration form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, Everyone.net and Partner have the right to terminate User's account and refuse any and all current or future use of the Services.
IV. USE OF REGISTRATION DATA
User agrees that Registration Data is shared with Partner. Everyone.net agrees not to contact User if User states a preference not to be contacted. Everyone.net shall inform Partner if User states a preference not to be contacted. However, Everyone.net shall have no responsibility or liability if Partner contacts, or permits a third party to contact or provides or discloses User's Registration Data to any third party.
User agrees Everyone.net, Partner or a designee of Everyone.net or Partner, may disclose Registration Data to third parties about User and information about User's use of the Services provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, unless User has joined the Everyone.Benefits!™ program or has otherwise authorized Everyone.net and/or Partner to disclose such information, or as required by law or legal process, or as set forth in Paragraph VII below.
V. MODIFICATIONS TO AGREEMENT
Everyone.net and Partner may change the End-User Agreement from time to time. Users will be notified of any such changes by a startup screen. By clicking on the "I Accept" button that follows the posted changes, User agrees to be bound by the modifications to the End-User Agreement. If User does not click the "I Accept" button, User's account will be terminated.
VI. MODIFICATIONS TO SERVICES
Everyone.net and Partner reserve the right to modify or discontinue, temporarily or permanently, the Services with or without notice to User. User agrees that Everyone.net, Partner and their third party service providers shall not be liable to User or any third-party for any modification or discontinuance of the Services.
a. Everyone.net and Partner consider email transmitted via the Services to be the private correspondence of the sender. Neither Everyone.net nor Partner will monitor, edit or disclose the contents of a User's private communications, except that User agrees Everyone.net, Partner and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the End-User Agreement; (d) to respond to claims that such contents violate the rights of third-parties; (e) to protect the rights or property of Everyone.net, Partner, its third party service providers or others.
b. User acknowledges that content posted to public community areas is publicly available and that Everyone.net does not take any responsibility for such public content. However, Everyone.net reserves the right to remove any public content posted by a User which violates any law or condition of this Agreement upon notice of such violation.
c. User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings and any other information supplied by User is and may be required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements.
d. User acknowledges and agrees that Everyone.net, Partner and their third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes, or may infringe, upon the intellectual property or other rights of another.
f. Everyone.net does not collect private information from Users under the age of 13. If the Partner Site collects personally identifiable information from Users under the age of 13, Partner must comply with the Children's Online Privacy Protection Act (COPPA) and the COPPA rule issued by the Federal Trade Commission (FTC). COPPA requires the operators of web sites to obtain verifiable parental consent in order to collect and use personally identifiable information obtained online from children under the age of 13. Partner will ask for consent before completing the registration process, however, User's parent or legal guardian may change or revoke consent at any time upon notice to Everyone.net. A copy of the COPPA rule issued by the FTC, which defines the rules governing online collection of personal information from children under the age of thirteen 13, is available from the FTC at: http://www.ftc.gov/os/1999/9910/64fr59888.pdf
VIII. USERNAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will be asked to choose the first part of its username which will be followed by the "@" symbol and Partner's domain name. (A complete username might look like this: YourNameHere@partnersite.com.) You agree to choose a username which is unique and not obscene, unlawful or otherwise objectionable, in Everyone.net's sole discretion. Everyone.net shall own your complete username.
User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to immediately notify Everyone.net of any unauthorized use of User's password or account or any other breach of security.
IX. MEMBER CONDUCT
a. User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other Users. User agrees to be solely responsible for the contents of User's private and public communications uploaded, posted, emailed or otherwise transmitted through the Services.
b. User agrees (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Services; and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
c. User agrees not to upload, post, email or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including but not limited to the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User agrees and acknowledges that Everyone.net may ban User from future use of the Services, even if User attempts to use the Services through another partner or under a different name. Furthermore, User agrees and acknowledges that Everyone.net may recover damages from User if User abuses these terms.
User agrees to indemnify and hold Everyone.net, Partner and their third party service providers, and their 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 User's use of the Services, User's connection to the Services, User's violation of the End-User Agreement, or User's violation of any rights of another.
XI. NO RESALE OF SERVICE
User agrees not to resell the Services or use of or access to the Services.
XII. STORAGE OF COMMUNICATIONS
Everyone.net, Partner and their third party service providers assume no responsibility for the deletion or failure to store email messages, communications or other content maintained or transmitted through the Services. Everyone.net may establish an upper limit on the size of message storage it will maintain for User.
a. User agrees that Everyone.net, Partner or their third party service providers may terminate User's password, account or use of the Services if Everyone.net, Partner or their third party service providers believe (a) that User has violated or acted inconsistently with the letter or spirit of the End-User Agreement, or (b) that User has violated the rights of Everyone.net, Partner or their third party service providers or other Users or parties. User further agrees that Everyone.net, Partner and their third party service providers may terminate User's password, account or use of the Services if User fails to use the Services at least one time during a reasonable period of time as determined by Everyone.net and Partner from time to time, which period shall not be less than sixty (60) days.
b. User acknowledges and agrees that any termination of Services under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Everyone.net and Partner may immediately delete User's account and all related information, communications and files, and bar any further access to such account, communications, files or the Services.
XIV. DEALINGS WITH ADVERTISERS
User's correspondence with or participation in promotions of advertisers found on the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees not to hold Everyone.net, Partner or their third party service providers liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
The Services may provide, or Users may include in email or community postings, links to other web sites or resources. User acknowledges and agrees that Everyone.net, Partner and their third party service providers are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees that Everyone.net, Partner and their third party service providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
XVI. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Everyone.net, Partner or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
XVII. DISCLAIMER OF WARRANTIES
a. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT MEMBER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
b. EVERYONE.NET, PARTNER AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM 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.
c. EVERYONE.NET, PARTNER AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EVERYONE.NET OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
d. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICES IS DONE 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 OR DATA.
e. EVERYONE.NET, PARTNER AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES.
f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM EVERYONE.NET, PARTNER OR THEIR THIRD PARTY SERVICE PROVIDERS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
g. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XVIII. LIMITATION OF LIABILITY
a. USER AGREES THAT EVERYONE.NET, PARTNER AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR 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 OR FROM THE SERVICES 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 EVERYONE.NET, PARTNER OR THEIR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. USER FURTHER AGREES THAT EVERYONE.NET, PARTNER AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
c. 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.
XIX. THIRD PARTY BENEFICIARIES.
Everyone.net's and Partner's third party service providers are intended beneficiaries of the End-User Agreement.
Unless otherwise provided in this Agreement, any notice to User regarding the Services shall be made via email, regular mail or facsimile.
b. The End-User Agreement and the relationship between User and Everyone.net and Partner shall be governed by the laws of the State of California without regard to its conflict of law provisions. User, Everyone.net and Partner agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California.
c. The failure of Everyone.net, Partner and their third party service providers to exercise or enforce any right or provision of the End-User Agreement shall not constitute a waiver of such right or provision. If any provision of the End-User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the End- User Agreement remain in full force and effect.
d. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the End-User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. The section titles in the End-User Agreement are for convenience only and have no legal or contractual effect.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.