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The free email Service offered by SOCMAIL is operated through
services powered by BigMailBox.com, Inc. ("BigMailBox.com"), under the
terms and conditions contained in this document (referred to as "Terms
and Conditions"). BY COMPLETING THE REGISTRATION FORM AND CLICKING THE
"I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY
ALL OF THE TERMS AND CONDITIONS set forth in this document.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
As a member of the Service you may receive product/service announcements or
other member mailings from SOCMAIL, BigMailBox.com, Inc. or third parties.
When you provide a notification email address upon registration, you agree to
receive email notification and other messages at that address including,
without limitation, offers sponsored or delivered by BigMailBox.com, Inc. or
third parties. To unsubscribe from the mailings to your web-based email
account sent from or on behalf of BigMailBox.com, Inc., you must cancel your
membership by following the instructions provided in your options folder. To
cancel any mailings to your notification email address (as noted above) or
emails sent to your web-based account by any entity other than BigMailBox.com
follow the removal/cancellation notices provided with any mailing. The
only personally-identifying information we collect and store about you is the
information you choose to provide to us during registration. We may share,
rent, or sell personally-identifying information you provide us to THIRD
PARTIES. Please see our Privacy
Policy for additional disclosures.
2. DESCRIPTION OF SERVICE
SOCMAIL and BigMailBox.com are providing its Members with a capability
to send and receive electronic mail ("email") via the World Wide
Web and on the BigMailBox.com system. There is no charge to the Member for
this Service. However, you must (1) provide all equipment, including a
computer and modem, necessary to establish a connection to the World Wide Web
and (2) obtain access to the World Wide Web and pay any telephone service
fees associated with such access. Your participation in this program may
include enrollment in other Web services.
3. MEMBER OBLIGATIONS
In consideration for this Service, you agree to provide certain information
about yourself as prompted to do so by the Service, and update this
information as necessary to keep it current, complete and accurate. All
information requested on original sign up shall be referred to as
registration data ("Registration Data"). Furthermore, you are
granting BigMailBox.com and/or SOCMAIL the right to disclose to third
parties certain information about you. If any information provided by you is
inaccurate, BigMailBox.com retains the right to terminate your membership and
all associated rights to the Service. We may share, rent or sell your
Registration Data to THIRD PARTIES as outlined in Paragraph 1. After the
transfer of your Registration Data to a THIRD PARTY, Members who wish to
unsubscribe from that THIRD PARTY'S emails must contact THIRD PARTY directly.
Neither BigMailBox.com nor SOCMAIL can assist you with removal of
emails or solicitations from the THIRD PARTY.
4. MODIFICATIONS TO TERMS OF SERVICE
BigMailBox.com may change the Terms and Conditions of service from time to
time. It is your responsibility to check this document periodically for any
changes or modifications as there will be no individual notices to Members
regarding such changes or modifications. Your continued use of the Service
constitutes an affirmative acknowledgment by you of the Terms and Conditions
and any subsequent modifications made to them and your agreement to abide and
be bound by them.
5. MODIFICATIONS TO THE SERVICE
SOCMAIL and BigMailBox.com reserve the right to modify or discontinue
the Service without notice to its Members. Neither SOCMAIL nor
BigMailBox.com shall be liable to Member or any third party should they
exercise their right to modify or discontinue the Service.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a Member of the Service, you will receive a password and an
account. You alone are responsible for maintaining the confidentiality of
your password. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You must immediately notify
BigMailBox.com of any unauthorized use of your account or any other breach of
security known to you. You may change your password at any time by following
instructions provided. You may also set up a new account and close an old one
at your convenience.
7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT
MEMBER'S SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. BOTH SOCMAIL AND BIGMAILBOX.COM
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOCMAIL AND BIGMAILBOX.COM MAKE NO WARRANTY THAT THE SERVICE WILL
MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE. BIGMAILBOX.COM OR SOCMAIL MAKES NO
GUARANTEES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT MEMBER'S OWN RISK AND
MEMBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOCMAIL AND BIGMAILBOX.COM 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 MEMBER FROM
SOCMAIL OR BIGMAILBOX.COM THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the exclusion of certain warranties,
therefore some of the above exclusions may not apply to you.
8. LIMITATION OF LIABILITY
BIGMAILBOX.COM OR SOCMAIL SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE THE SERVICE 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 THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SOCMAIL OR
BIGMAILBOX.COM 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 YOU. BIGMAILBOX.COM SHALL NOT BE HELD RESPONSIBLE FOR ANY MESSAGES
RECEIVED BY MEMBER, REGARDLESS OF THEIR CONTENT.
9. PROHIBITION OF RESALE OR COMMERCIAL USE OF THE SERVICE
Your right to use the Service is personal to you. Therefore, a Member may
only be an individual, not a corporation or other business entity. You may
not resell or make any commercial use of the Service, without the express
written permission of BigMailBox.com.
10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
SOCMAIL and BigMailBox.com assume no responsibility for the deletion
or failure to store email messages. BigMailBox.com has set no fixed upper
limit on the number of messages you may send or receive through the Service.
At certain times, including but not necessarily limited to duration of
inactivity, BigMailBox.com may for your convenience forward selected emails
to your notification email address on file.
11. MEMBER CONDUCT
You are solely responsible for the contents of your transmissions through the
Service. Your use of the Service is subject to all applicable local, state,
national and international laws and regulations. Therefore, you agree: (1) to
comply with all applicable United States laws regarding the transmission of
technical data exported from the U.S. through the Service; (2) that you shall
not use the Service for illegal purposes; (3) that you shall not interfere or
disrupt networks connected to the Service; and (4) that you shall comply with
all regulations, policies and procedures of networks connected to the
Service.
The Service makes use of the Internet to send and receive certain
messages; therefore, your conduct is subject to Internet regulations,
policies and procedures. Members may not use the Service to send chain
letters, junk mail or spam (unsolicited bulk e-mail) or to communicate with
any person who has not given specific permission to be included in such
communications. In addition, you may not transmit through the Service any
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. You further agree
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. Members may not interfere with another Member's use and enjoyment
of the Service or another entity's use and enjoyment of similar services.
BigMailBox.com retains the right, at its sole discretion, to determine
whether or not a Member's conduct is consistent with the letter and spirit of
the Terms and Conditions of this service. SOCMAIL or BigMailBox.com
may terminate Service if a Member's conduct is found to be inconsistent with
the intent of this agreement. SOCMAIL reserves the right to terminate
any inactive account.
12. INDEMNIFICATION
You agree to indemnify and hold BigMailBox.com, its officers, directors,
employees, subsidiaries, affiliates, successors and assigns, harmless from
any third party claim or demand, including reasonable attorneys' fees, made
in connection with or arising out of your use of the Service, your violation
of the Terms and Conditions, or the infringement by you, or other users of
the Service using your membership, of any intellectual property, right of
privacy or publicity, or other right of any person or entity.
13. TERMINATION/CANCELLATION
Either SOCMAIL or BigMailBox.com may terminate the Service with or
without cause at any time and effective immediately. SOCMAIL and
BigMailBox.com shall not be liable to you or any third party for termination
of Service.
Should Member object to any terms and conditions of this service or any
subsequent modifications thereto or become dissatisfied with the Service in
any way, your sole and exclusive recourse is to immediately discontinue your
use of the Service, cancel your membership, and notify SOCMAIL of your
cancellation.
Upon termination of the Service, your right to use the Service and
Software immediately ceases and you shall have no right and neither SOCMAIL
nor BigMailBox.com shall have any obligation thereafter to forward any unread
or unsent messages to Member or any third party.
14. NOTICE
Except as otherwise indicated herein, all notices from you to BigMailBox.com
or SOCMAIL shall be in writing and shall be made via email
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
You may enter into correspondence with or participate in promotions of the
advertisers marketing their products on the Service. 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 Member and the advertiser. SOCMAIL and BigMailBox.com
assume no liability, obligation or responsibility for any part of any such
correspondence or promotion. Some promotions may require the transfer of your
personal data to a third party. Corresponding promotional advertisements may
be presented to you with the options of "yes/accept" or decline by
closing or disregarding advertisement. Should you select the
"yes/accept" option, you are granting BigMailBox.com permission to
transmit any of your personal data on file to the third party.
16. PROPRIETARY RIGHTS TO CONTENT
Members acknowledge that content, including but not limited to text,
photographs, video, graphics, software, music, sound, or other material
contained in either sponsor advertisements or emails presented to Member by
BigMailBox.com or its advertisers (collectively referred to as
"Content"), is protected under the laws of copyright, trademark,
patent, unfair competition or other applicable laws. Therefore, you are only
permitted to use this Content as expressly authorized by BigMailBox.com, SOCMAIL
or the advertisers associated with the SOCMAIL service. Members may
not copy, reproduce, distribute, or create derivative works from this Content
without the express written authorization to do so by BigMailBox.com, SOCMAIL
or the advertiser.
18. LAWS
This Terms and Conditions agreement shall be governed by and construed in
accordance with the laws of the state of California, excluding its conflict
of law provisions. Both Member and SOCMAIL or BigMailBox.com agree to
submit to the exclusive jurisdiction of the courts of the state of
California. If any provision(s) of these Terms and Conditions are 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.
The failure of SOCMAIL or BigMailBox.com to exercise or enforce any
right or provision of the Terms and Conditions shall not constitute a waiver
of such right or provision. Member and BigMailBox.com 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.
By agreeing to these Terms and Conditions you certify that all information
you supply to this service is true and correct to the best of your knowledge.
Revised 06/15/2001
Visit http://www.ftc.gov/kidzprivacy
for information from the Federal Trade Commission about protecting children's
online privacy.
Please check back often because we make frequent updates to this
website.
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