Address.com Premium Internet Service Terms and Conditions
ADDRESS.COM MEMBERSHIP AGREEMENT 1) ADDRESS.COM ('ADDRESS') exercises no control whatsoever over the content of the information passing through the User's Principal Account and/or Associate Account(s) billed to the Principal Account ('User'). ADDRESS makes no warranties of any kind, whether expressed or implied, for the service it is providing. ADDRESS also disclaims any warranty of merchantability or fitness for a particular purpose. ADDRESS will not be responsible for any damage you suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via ADDRESS is at your own risk. ADDRESS specifically denies any responsibility for the accuracy or quality of information obtained through its services. 2) The rights of access conveyed by this Agreement are non-transferable. Use of an ADDRESS account is expressly limited to the individual whose name appears on the personal account; for business accounts, the names of the employees whose names appear on the application. 3) The use of ADDRESS for advertising or promotion of a commercial product or service without the express, written consent of ADDRESS is prohibited. Violators are subject to immediate termination of their account. Contact ADDRESS should you wish to buy any advertising. 4) If User is less than eighteen (18) years of age, this Agreement must be signed by his/her parent or legal guardian who assumes responsibility for all changes related to use of User's account(s). 5) The User is responsible for all use of User's account(s) and confidentiality of password(s). ADDRESS will suspend access or change access to User's account(s) within twenty four (24) hours or less after notification by User that his/her password has been lost, stolen or otherwise compromised. 6) The User is responsible for any and all local, 8XX, and/or long-distance telephone charges for connecting to ADDRESS. 7) THE ADDRESS SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO ADDRESS OR ANY INFORMATION OR SOFTWARE THEREIN. THIS 'NO WARRANTY' EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY ADDRESS OR ITS PROVIDERS. 8) ADDRESS reserves the right to change without notice the ADDRESS service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. 9) ADDRESS is not responsible for User's personal files residing on ADDRESS equipment. User is responsible for independent backup of data stored at ADDRESS. 10) ADDRESS reserves the right to delete User's personal files after one or both parties terminates agreement. 11) THE USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION OR STORAGE ON ADDRESS's EQUIPMENT THROUGH USER'S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS. 12) ADDRESS, at its sole business judgment, may terminate this membership agreement without prior verbal or written notification immediately or suspend User's access to the service upon any breach of the membership Agreement by User, including, but not limited to, refusal of failure to pay for services provided or by sole judgment of ADDRESS that User may be performing activities harmful to ADDRESS or its Users, employees, vendors, business relationships or any other users of the Internet. 13) Due to the public nature of the Internet, all electronic mail is considered publicly accessible and important information should be treated carefully. 14) Use of any distribution lists in electronic mail or other mass electronic mailings is subject to approval by ADDRESS. 15) The terms and conditions of the Agreement shall in all respects be subject to, and governed, by the laws of the State of Texas, County of Bexar. 16) ADDRESS may modify these terms and conditions upon notice published on-line via ADDRESS. User's use of ADDRESS services after such notice shall constitute User's acceptance of the modifications to this Agreement. 17) Non-enforcement of any section of this Agreement does not constitute consent and ADDRESS reserves the right to enforce this Agreement at its sole discretion. 18) ADDRESS may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless ADDRESS from any claims resulting from your use of the service which damages you or another party. 19) Any access to other networks connected to ADDRESS must comply with the rules appropriate for that other network. Use of ADDRESS itself may be for any lawful purpose. Use of ADDRESS for lawful commercial purposes is both permitted and encouraged. 20) The billing of an end user dial-up account will begin upon sign-up. Charges will normally be billed on the day of the month in which customer first signed-up for service. In the event you do not pay your invoices in full by the date of said invoice, or in the event you default pursuant to the terms hereof, and in the event legal proceedings are instituted to collect said invoice, or enforce the terms of this Agreement, you will be responsible and liable for all costs, fees, charges, expenses and reasonable attorneys' fees incurred in connection with ADDRESS's efforts in enforcing the terms and conditions set forth herein. 21) Service is invoiced monthly in advance and may be canceled in writing with 30 days' notice with no penalty. In the event of early cancellation of a one-, two-, or three-year Term Commitment, the customer will be required to pay 75% of ADDRESS's standard monthly charge for each month remaining in the Term Commitment (see attached Term Commitment if applicable). ADDRESS reserves the right to change the rates by notifying you 30 days in advance of the effective date of the change. 22) User will notify ADDRESS Telecommunications of any changes in account information such as your name, address and/or phone number. This Agreement shall not be verbally or orally revised, changed or modified in any form or fashion whatsoever. 23) USE OF ADDRESS SERVICE(S) CONSTITUTES YOUR TOTAL AND IRREVOCABLE ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. 24) Prime Time is defined as 5:00pm to 12:00am local time. Non-prime time is defined as 12:01am to 4:59pm. 25) These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of ADDRESS service(s) constitutes acceptance of these Terms and Conditions. ----------------------------------------------------------------- Acceptable Use Policies: The customer agrees to the following: 1) ADDRESS's services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to, defamatory, copyrighted material, threatening or obscene material, statements that are bigoted, hateful or racially offensive, or material protected by trade secret. User agrees to indemnify and hold harmless ADDRESS from any claims resulting from your use of this service, which damages user or another party. At our sole discretion and without notice, ADDRESS may revoke a user's access for inappropriate usage. 2. Any dial-up connection being used as a dedicated connection or using 'software' to keep a connection established without actively using the service is prohibited. 3. ADDRESS, at its sole discretion, reserves the right to cancel or disconnect a user's account if ADDRESS has detected or suspects inactivity during a sustained connection period. 4. Use of any information obtained via this service is entirely at user's own risk. ADDRESS specifically denies any responsibility for the accuracy or quality of information obtained through our services.
