1. Acceptance of Terms of Use
Simple Email is provided free of charge to registered users (each, a "User") under these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND CHECKING THE "VALIDATE AND RECEIVE YOUR COUPON" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.
2. Registration Information
O'bonParis makes significant efforts to protect the privacy of its users. Our Privacy Policy discloses our policies with regard to the protection and disclosure of user information. We may disclose an individual User's name, address, email address or telephone number without such User's prior consent and without any liability to User or any third party, to the extent necessary to or appropriate to i) comply with applicable laws or in legal proceedings where such information is relevant; ii) protect and defend the rights or property of us or enforce or further the application or intent of the terms of this Agreement; or iii) act to protect the personal safety of Users or the public iv) for other reasons that we may disclose to Users from time to time.
We reserve the right to terminate any User's account if we learn that such User has provided us false or misleading registration information.
3. Modifications of these Terms of Use
O'bonParis may modify these Terms of Use from time to time in their sole discretion. Continued use of Simple Email will be conditioned upon each User's affirmative acceptance of any such changes.
4. Modifications of Simple Email
O'bonParis may modify or discontinue Dial-up Services email (or User's account) with or without notice to any User, without liability to any User or any third party.
5. Contents of Messages
O'bonParis does not monitor, censor or edit the contents of individual Users' email messages and attachments. Users alone are responsible for the contents of their messages and attachments, and the consequences of any such messages and attachments. User agrees that it will not use Simple Email for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process.
User further agrees not to use Simple Email to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or 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, or contain viruses, trojan horses, worms, time bombs, cancelbots, or any harmful or deleterious programming routine.
O'bonParis will not be liable for any damage that may occur to a User or to User's equipment as a result of any of the aforementioned being received by User. Additionally, User is solely liable for sending the aforementioned.
O'bonParis reserves the right to terminate any User's account if either of them becomes aware and determines, in their sole discretion, that such User is violating any of the foregoing guidelines. O'bonParis's policy to respect the privacy of its Users.
6. User Name and Password
User is responsible for maintaining the confidentiality of its User Name and Password. User shall be responsible for all uses of its User Name, whether or not authorized by User. User agrees to immediately notify O'bonParis of any unauthorized use of its User Name.
7. Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF Simple Email IS AT USER'S SOLE RISK. Simple Email IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
O'bonParis EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
O'bonParis DOES NOT MAKE ANY WARRANTY THAT Simple Email WILL MEET USER'S REQUIREMENTS, OR THAT Simple Email WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Dial-up Services, MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Simple Email OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTA INED THROUGH Simple Email.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Simple Email IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
O'bonParis DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Simple Email OR ANY TRANSACTIONS ENTERED INTO THROUGH Simple Email.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Dial-up Services, Inc. OR THROUGH Simple Email SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Limitation of Liability
O'bonParis SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE Simple Email OR FOR THE 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 Simple Email OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF O'bonParis HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Email Message Storage
O'bonParis does not assumes any responsibility for the deletion or failure to store email messages.
10. Promotional Messages
O'bonParis and/or third parties may, from time to time, send email messages to Users containing advertisements, promotions, etc. O'bonParis does not make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and User agrees that O'bonParis shall not have any liability with respect thereto.
11. Indemnification
User agrees to indemnify and hold each of O'bonParis, their parent company, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of Simple Email, the violation of these Terms of Use by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.
12. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in Maricopa County, Arizona. |
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