Webville Networks
Exchange Hosting Service
Acceptable Use Policy / Terms of Use
The Exchange Hosting Service is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of the
Exchange Hosting Service constitutes your agreement to all such terms, conditions, and
notices.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
You are entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to notify Webville Networks immediately of any
unauthorized use of your account or any other breach of security. Webville Networks will
not be liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However, you could be held
liable for losses incurred by Webville Networks or another party due to someone else
using your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Webville Networks reserves the right to change the terms, conditions, and notices under
which the Exchange Hosting Service is offered, including but not limited to the charges
associated with the use of the Exchange Hosting Service. You are responsible for
regularly reviewing these terms and conditions and additional terms posted on particular
websites. Your continued use of the Exchange Hosting Service constitutes your
agreement to all such terms, conditions, and notices.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Exchange Hosting Service, you will not use the
Exchange Hosting Service for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Exchange Hosting Service in any manner
which could damage, disable, overburden, or impair the Exchange Hosting Service (or
the network(s) connected to the Exchange Hosting Service) or interfere with any other
party's use and enjoyment of the Exchange Hosting Service. You may not attempt to gain
unauthorized access to the Exchange Hosting Service, other accounts, computer systems
or networks connected to the Exchange Hosting Service, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the Exchange
Hosting Service.
USE OF SERVICES
You agree to use the Exchange Hosting Service only to post, send and receive messages
and material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, you agree that when
using the Exchange Hosting Service, you will not:
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Use the Exchange Hosting Service to send mass mailings, surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents to do the same.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer or property of another.
Download any file posted by another user of Exchange Hosting Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Exchange Hosting
Service.
Violate any code of conduct or other guideline, which may be applicable for the
Exchange Hosting Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Exchange Hosting Service or other
user or usage information or any portion thereof.
Webville Networks reserves the right at all times to disclose any information as Webville
Networks deems necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Webville Networks sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Webville Networks does not
control or endorse the content, messages or information found in any Communication
Service and, therefore, Webville Networks specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation in any
Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination, you are responsible for adhering to such
limitations if you download the materials.
NO SPAM; DAMAGES
Webville Networks will immediately terminate any account which it believes, in its sole
discretion, is transmitting or is otherwise connected with any spam or other unsolicited
bulk email. In addition, because damages are often difficult to quantify, if actual damages
cannot be reasonably calculated then you agree to pay Webville Networks liquidated
damages of $5 (US Currency) for each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with your account, otherwise you agree to pay
Webville Networks’ actual damages, to the extent such actual damages can be reasonably
calculated.
PAYMENT; PAST DUE ACCOUNTS
Webville Networks may immediately disable or delete any account, which it believes, in
its sole discretion, is past due.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE EXCHANGE HOSTING SERVICE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY MADE TO THE EXCHANGE HOSTING SERVICE AND TO THE
INFORMATION THEREIN. WEBVILLE NETWORKS AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
EXCHANGE HOSTING SERVICE AT ANY TIME.
WEBVILLE NETWORKS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE
EXCHANGE HOSTING SERVICE FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
WEBVILLE NETWORKS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT WEBVILLE NETWORKS SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE EXCHANGE HOSTING SERVICE. YOU SPECIFICALLY AGREE
THAT WEBVILLE NETWORKS IS NOT RESPONSIBLE OR LIABLE FOR ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF
ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU
SPECIFICALLY AGREE THAT WEBVILLE NETWORKS IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE EXCHANGE
HOSTING SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL WEBVILLE NETWORKS AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE EXCHANGE HOSTING SERVICE, WITH THE DELAY
OR INABILITY TO USE THE EXCHANGE HOSTING SERVICE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE EXCHANGE HOSTING SERVICE, OR
OTHERWISE ARISING OUT OF THE USE OF THE EXCHANGE HOSTING
SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF WEBVILLE NETWORKS OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE EXCHANGE HOSTING SERVICE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE EXCHANGE HOSTING SERVICE.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that Webville Networks may establish limits concerning use of any service
offered, including without limitation, the maximum number of days that e-mail messages
will be retained by the service, the maximum number of e-mail messages that may be
sent from or received by an account on the service, the maximum size of an e-mail
message that may be sent from or received by an account on the service, the maximum
disk space that will be allotted on Webville Networks' servers on your behalf, and the
maximum number of times and duration you may access the service in a given period of
time.
You agree that Webville Networks has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or transmitted by
the service.
WEBVILLE NETWORKS MAKES NO WARRANTY THAT ANY SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.