Mr Burns, remember all those porn spam mails I found last night. I was wondering what the ap-promo ment. now I know. Message 11955494 I see they dont do porn anymore, but this must be the new version.
14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
End User may enter into correspondence with or participate in promotions of advertisers showing their products on the Service ("Advertisers"). 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 End User and such Advertiser MII assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT BELOW. READ THE AGREEMENT CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USE OF THE MOMENTUM INTERNET SOFTWARE AND SERVICES. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "I DO NOT AGREE" BUTTON.
MOMENTUM INTERNET END USER LICENSE AGREEMENT
1. ACCEPTANCE OF TERMS OF SERVICE AND APPLICATION
The PINmail service and the PINmail software and related updates ("Software") associated therewith (collectively, the "Service") is owned and operated by momentum internet inc. ("MII") and is provided to you ("End User") under the terms and conditions of this momentum End User License Agreement ("EULA"), which includes operating rules or policies that may be published by momentum internet from time to time.
Note: MII will evaluate all applications in good faith and will notify applicants of their acceptance or rejection. MII reserves the right to reject an application or terminate a EULA at any time if MII determines (in MII's sole discretion) that an applicant's site or activities are unsuitable for MII's service. "Unsuitable" sites include, without limitation, those sites that MII believes: (1) promote obscene, pornographic or sexually explicit and/or themed materials; (2) promote abusive, threatening, hateful, harmful, harassing or violent behavior; (3) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (5) promote illegal activities or fail to comply with applicable law; or (6) violate the intellectual property rights of third parties; or (5) have the potential to interfere with the use, enjoyment, deployment or operation of the MII service or system.
2. THE SERVICE
Description of Service. MII will provide End User with the capability to send and receive electronic mail ("email") via the World Wide Web (the "Web") on MII's system twenty-four hours a day, seven days a week. End User must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web, and (b) provide for End User's own access to the Web and pay any telephone or other connection and service fees associated with such access.
Service Content. End User 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 End User by MII or by MII's suppliers pursuant to the Service ("Content"), may be protected under the intellectual property laws of the United States or other countries; therefore, End User is only permitted to use this Content as expressly authorized by MII or MII's suppliers.
3. LICENSE, RESTRICTIONS, OWNERSHIP
License Grant. Subject to the terms and conditions of the EULA, MII grants to End User a non-exclusive, non-transferable, limited license to use the Software solely for the purpose of accessing and using the Service during the term of this EULA.
Restrictions. End User agrees not to do any of the following: (a) copy the Software or the Content, except as specifically described in this Agreement; (b) translate the Software or the Content; (c) merge the Software or the Content with another program or modify the Software or the Content; (d) reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the Software except as otherwise specifically permitted under applicable law; (e) sublicense, rent, or lease any portion of the Software or the Content; (f) not use the Software, the Content or the Service for commercial purposes (i.e. for the purpose of generating revenue) of for any purposes other than those set forth in this Section 3.
Ownership and Reserved Rights. MII and/or its suppliers retain all right, title and interest in and to the Software and the Content, which are protected by United States and international copyright laws and international treaty provisions. MII reserves all other rights not expressly granted to End User, including without limitation, (a) the right to include, without further notice, means within the Software to limit End User's use of the Software and (b) the right to audit End User's deployment and use of the Software for compliance with the terms of this license at any time upon reasonable notice. The license granted to End User in this Section 3 shall in no event be construed as conferring a license to, or rights in, any MII patent or trademark.
4. MODIFICATIONS
Modifications to EULA. MII may change the terms and conditions of the EULA at any time by sending End User such changes (which will constitute notice to End User) by email. End User agrees that its continued use of the Service after receiving the email containing such changed terms constitutes End User's acceptance of such changed terms.
Modifications to the Service. MII reserves the right to modify or discontinue the Service, or any portion thereof, at any time, with or without notice to End User. MII shall not be liable to End User or any third party should MII exercise its right to modify or discontinue the Service.
5. MII'S PRIVACY POLICY
Information Provided by End User. End User agrees to: (1) provide MII with certain current, complete, and accurate information about End User as MII requests and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested by MII at the time of End User's original registration shall be referred to as registration data ("Registration Data"). If any information provided by End User (including without limitation Registration Data) is inaccurate, false, or misleading, MII retains the right to terminate immediately End User's rights to use the Service.
Right to Disclose. End User grants MII the right to disclose to third parties certain Registration Data about End User in the aggregate; provided, however, that such disclosures shall exclude personally identifiable information about End User, including End User's mailing address, account and phone number information unless: (a) End User expressly agrees in advance in writing that MII may disclose such information, or (b) MII is required to disclose such information by any applicable law, agency, or legal process or entity. Moreover, MII may (and End User grants MII a right to) disclose any information, including personally identifiable information in a non-aggregated form, when MII has a good faith belief that such action is necessary to: (i) conform to the dictates of legal, judicial or administrative orders or other like instructions; (ii) protect and defend the rights or property of MII; (iii) act under exigent circumstances to protect the personal or informational safety of its End Users or the public; or (iv) as MII determines is reasonably necessary for the maintenance of the Service or for a valid and complete assignment of this Agreement pursuant to the "Assignment" clause in Section 15.
Monitoring of End User. EXCEPT AS OTHERWISE SET FORTH HEREIN, MII DOES NOT ENGAGE IN MONITORING OR EXERCISING EDITORIAL CONTROL OVER ANY MESSAGES SENT OVER THE SERVICE AND MII SHALL NOT BE LIABLE FOR FAILURE TO SO MONITOR OR EDIT. End User 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. End User acknowledges that such processing and alteration are automated and do not constitute the exercise of editorial control over the messages or the monitoring of message content. Moreover, MII may, and End User allows MII to, inspect End User and any content generated therefrom as MII believes is reasonably necessary to investigate, confirm and rectify any complaints concerning End User's use (or abuse) of the Service.
No Endorsement of End User Content. End User acknowledges and agrees that MII neither endorses the contents of any End User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party Intellectual Property Rights arising therefrom or any crime facilitated thereby. For purposes of this Agreement, "Intellectual Property Rights" means all copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights, contract rights, mask work rights, know-how and other proprietary rights, whether registered or unregistered, existing at any time throughout the world.
6. END USER ACCOUNT, PASSWORD, AND SECURITY
End User's Responsibilities. End User is entirely responsible for maintaining the confidentiality of End User's password and account, and for any and all activities which occur under End User's account or password. End User agrees to immediately notify MII of any unauthorized use of End User's account, password, or any other breach of security known to End User.
Change of Passwords or Accounts. End User may change its password or icon by following instructions on the System; End User may also set up a new account and close an old one in accordance with directions on MII's system.
7. DISCLAIMER OF MII WARRANTIES
MII PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND END USER USES SUCH SERVICE AT ITS SOLE RISK.
MII MAKES NO WARRANTY THAT THE SERVICE WILL MEET END USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MII 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 SERVICE WILL BE CORRECTED.
MII EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
END USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT END USER'S OWN DISCRETION AND RISK AND THAT END USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO END USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
MII MAKE 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 END USER FROM MII 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 END USER.
8. LIMITATION OF LIABILITY
MII WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF MII 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 END USER.
9. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
MII has set no fixed upper limit on the number of messages an End User may send or receive through the Service; however, MII retains the right, at MII's sole discretion, to determine whether or not End User's conduct is consistent with the letter and spirit of the EULA and may terminate Service if MII determines in its sole discretion that End User's conduct is inconsistent with the EULA. MII ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE, DELIVER, OR TIMELY DELIVER EMAIL MESSAGES.
10. END USER CONDUCT AND WARRANTIES
End User assumes sole responsibility for its conduct and the contents of its transmissions through the Service. End User expressly covenants, represents, and warrants that, during the term of the EULA, End User will:
(a) comply with all applicable local, state, national and international laws and regulations, including without limitation all export control laws governing the transmission of technical data exported from the United;
(b) comply with all Internet regulations, policies and procedures; use the Service for no illegal purposes;
(c) comply with all regulations, policies and procedures of networks connected to the Service;
(d) 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;
(e) not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic, hateful or otherwise objectionable material of any kind or nature.
(f) 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;
(g) not interfere with another End User's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
(h) provide to MII complete, accurate and current information whenever End User is required to provide information to MII; and
(i) possess the requisite title, authority and capacity to enter into or perform its obligations hereunder.
11. INDEMNIFICATION
End User agrees to indemnify, defend (at MII's request), and hold MII, its parents, subsidiaries, affiliates, officers, employees, agents, contractors and suppliers harmless from any claim, suit, action, expense or demand, including without limitation all claims for damages, fees or costs (including reasonable attorneys' fees) made or brought by any third party due to or arising out of (a) End User's use of the Service or any part thereof; (b) the violation by End User of this EULA or any provision therein (including warranties, representations or covenants); (c) the infringement or misappropriation by End User (or a third party using End User's computer, account or password to access and/or use the Service) of any Intellectual Property Rights of any person or entity; or (d) the use or misuse by End User or third parties of End User passwords or accounts.
12. TERM AND TERMINATION
Term. The term of the license granted pursuant to Section 3 shall commence at such time as End User receives from MII the Software and shall continue unless terminated as set forth in this Section 12.
Termination. Either End User or MII may terminate the Service with or without cause at any time, effective immediately upon written notice to the other party. MII shall not be liable to End User or any third party for termination of Service.
Effect of Termination. Upon termination of the Service, End User's right and license to use the Service and the Software immediately cease. End User shall have no right and MII will have no obligation thereafter to forward any unread or unsent messages to End User or any third party.
13. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. MII may broadcast notices or messages through the Service to inform End User of changes to the EULA, the Service, or other matters of importance; such broadcasts shall constitute notice to End User.
14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
End User may enter into correspondence with or participate in promotions of advertisers showing their products on the Service ("Advertisers"). 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 End User and such Advertiser MII assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. GENERAL
Governing Law and Venue. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in that state by residents of such state. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any suit or proceeding arising out of or relating to this Agreement shall be commenced in a federal court in such state, and each party irrevocably submits to the jurisdiction and venue of such courts.
Assignment. 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, MII 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.
No Agency. Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
Severability. If any provision(s) of the EULA is held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, 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.
Waiver. Any 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.
Statute of Limitations. End User and MII 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.
Titles. The section titles in the EULA are solely used for the convenience of the parties and have no legal or contractual significance.
Entire Agreement. This EULA comprises the entire agreement between End User and MII and supersedes all prior agreements between the parties, both written and oral, regarding the subject matter contained herein.
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