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| terms of service |
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1. Acknowledgment
and Acceptance of Terms of Service 2. Description of
Service You understand and agree that the Service is provided "AS-IS" and that ThePostalOffice assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. 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"). Member grants ThePostalOffice the right to disclose to their parties certain Registration Data about Member and Service membership in the aggregate; however such disclosures shall exclude Member-specific name, mailing address, E-mail address, account and phone number information unless: (1) Member expressly agrees such information may be disclosed, or (2) ThePostalOffice is required to disclose such information by any applicable law, agency, or legal process. If any information provided by Member is inaccurate, ThePostalOffice retains the right to terminate Members membership and rights to use the Service. If ThePostalOffice has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ThePostalOffice has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 3. Modifications to
Terms of Service 4. Modifications to
the Service 5. Member Account,
Password and Security You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ThePostalOffice of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ThePostalOffice cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Member may change his or her password by following instructions on the System; Member may also set up a new account and close an old one in accordance with directions on the System. ThePostalOffice is concerned about the safety and privacy of all its users, particularly children. By adding a child to an ThePostalOffice Account, you also give your child permission to access all of the Services including email. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child. 6. ThePostalOffice
Privacy Policy
ThePostalOffice EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBERS OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBERS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ThePostalOffice 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 ThePostalOffice 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 MEMBER. 8. Limitation of Liabilities 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 MEMBER. 9. No Resale or Commercial
Use of the Service 10. Email Message
Storage and Other Limitations You acknowledge that ThePostalOffice may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on ThePostalOffice's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ThePostalOffice has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that ThePostalOffice reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ThePostalOffice reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
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, policiescand procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore,Members conduct is subject to Internet regulations, policies and procedures. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Members use and enjoyment of the Service or another entitys use and enjoyment of similar services.
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a ThePostalOffice official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense l. "stalk" or otherwise harass another; or m. collect or store personal data about other users. You acknowledge that ThePostalOffice does not pre-screen Content, but that ThePostalOffice and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, ThePostalOffice and its designees shall have the right to remove any Content that violates the EGTS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ThePostalOffice or submitted to ThePostalOffice, including without limitation information in ThePostalOffice Message Boards and in all other parts of the Service. You acknowledge and
agree that ThePostalOffice may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the EGTS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property,
or personal safety of ThePostalOffice, its users and the public. ThePostalOffice MAY, AT ITS SOLE DISCRETION, IMMEDIATELY TERMINATE SERVICE SHOULD MEMBERS CONDUCT FAIL TO CONFORM WITH THESE TERMS AND CONDITIONS OF THE EGTS. 12. Special Admonitions
for International Use 13. Indemnification 14. Termination ThePostalOffice may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this EGTS may be effected without prior notice, and acknowledge and agree that ThePostalOffice may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ThePostalOffice shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of the Service, Members right to use the Service and Software immediately ceases. Member shall have no right and ThePostalOffice will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. 15. Notice 16. Participation
in Promotions of Advertisers 17. Links 18. Special Admonition
for Services Relating to Financial Matters 19. TRADEMARK INFORMATION
21. General No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, ThePostalOffice shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs,administrators, successors and permitted assigns except as otherwise provided herein. If any provision(s) of the EGTS 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. In the event any provision of this Agreement is held to be invalid or unenforceable,the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Anv waiver (express or implied) by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party. Member and ThePostalOffice 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 EGTS are solely used for the convenience of the parties and have no legal or contractual significance. 22. VIOLATIONS |
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