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Our Term of Service
The 1000MEGS.US Web Site (the "Site") is an online premiere
email account service provided by 1000MEGS.US, USA-EMAIL.US, USA-MAIL.US
and EMAIL-ACCOUNTS.BIZ and subject to your compliance with the terms and
conditions set forth below. All Mention of and Terms below for
1000MEGS.US pertains to USA-EMAIL.US, USA-MAIL.US and
EMAIL-ACCOUNTS.BIZ also.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
1000MEGS.US MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions:
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are 1000MEGS.US, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to
grant to 1000MEGS.US a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by e-mail to
1000MEGS.US by all means and in any media now known or hereafter
developed. You also grant to 1000MEGS.US the right to use your name
in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have
no recourse against 1000MEGS.US for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to 1000MEGS.US.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or service marks of
1000MEGS.US. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site:
You understand that, except for information, products or services
clearly identified as being supplied by 1000MEGS.US, 1000MEGS.US
does not operate, control or endorse any information, products or
services on the Internet in any way. Except for 1000MEGS.US -
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
1000MEGS.US a. You also understand that 1000MEGS.US cannot and does
not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. 1000MEGS.US PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NO INFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND 1000MEGS.US SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. 1000MEGS.US DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
1000MEGS.US HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
3. LIMITATION OF LIABILITY:
IN NO EVENT WILL 1000MEGS.US BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON
THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF 1000MEGS.US OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
1000MEGS.US LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
1000MEGS.US makes no representations whatsoever about any other web
site which you may access through this one or which may link to this
Site. When you access a non-1000MEGS.US web site, please understand
that it is independent from 1000MEGS.US, and that 1000MEGS.US has no
control over the content on that web site. In addition, a link to a
1000MEGS.US web site does not mean that 1000MEGS.US endorses or
accepts any responsibility for the content, or the use, of such web
site.
4. Indemnification:
You agree to indemnify, defend and hold harmless 1000MEGS.US, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
5. Third Party Rights:
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of 1000MEGS.US and its
officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
6. Termination:
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights), 6 (Email) and 10
(Miscellaneous) shall survive any termination of this Agreement.
7. Spam Emails:
SPAM - Sending unsolicited mail messages, including the sending of
"junk mail" or other advertising material to individuals who did not
specifically request such material, who were not previous customers
or with whom the sender did not have an existing business
relationship ("E-mail Spam"). 1000MEGS.US reserves the right to
determine in its sole discretion and based on the information
available (1) what constitutes Spam as well as (2) what measures are
necessary in response to spamming complaints.
ALL VERIFIED SPAM COMPLAINTS ARE SUBJECT TO (1)Your Email Account
REMOVED (2) Assistance with any litigation resulting, example would
be assisting by providing your IP Address to the litigant and our
full cooperation with all State and Local Authorities.
Harassment including, but not limited to, through language,
frequency or size of messages.
Unauthorized use, or forging, of mail header information.
Solicitations of mail for any other E-mail address other than of the
poster's account or service with the intent to harass or to collect
replies.
Creating or forwarding "chain letters" or other " schemes" of any
type.
NO POSTING TO Usenet Newsgroups using your 1000MEGS.US Account.
No more than 5 of the same emails are to be sent at one time using
your 1000MEGS.US email address. Bulk email is not permitted through
1000MEGS.US. We do not permit 1000MEGS.US Email accounts to be used
in sending email to safelists or any list of users.
You are NOT permitted to use your 1000MEGS.US email address as a
return email address for any bulk email you send out. This can and
will cause massive amounts of returned messages to our server.
8. Policy Enforcement:
When 1000MEGS.US becomes aware of any alleged violation of this TOS,
We will immediately begin an investigation. 1000MEGS.US, may at its
own discretion anytime during our investigation, restrict a User’s
access in order to prevent any further possible unauthorized
activity. 1000MEGS.US may, at its sole discretion, restrict,
suspend, or terminate a User’s account and/or pursue other legal
remedies. If such violation is a criminal offense, 1000MEGS.US will
immediately notify the appropriate Law Enforcement Agencies of such
violation.
9. Privacy:
All account information is held in strict confidence, unless
a subpoena is issued and tendered to us. We do not give or sell your
information.
10. Member Account, Password And Security:
You are personally responsible for maintaining the confidentiality
of your password. You are entirely responsible for any and all
activities which occur under your account.
11. Miscellaneous:
1. This Agreement shall all be governed and construed in accordance
with the laws of USA applicable to agreements made and to be
performed in USA. You agree that any legal action or proceeding
between 1000MEGS.US and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in USA . Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of action
is barred. 1000MEGS.US's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. 1000MEGS.US may assign its
rights and duties under this Agreement to any party at any time
without notice to you. Any rights not expressly granted herein are
reserved.
Once your account is setup and running on my server there are no
refunds.
TO CANCEL YOUR EMAIL ACCOUNT WITH US, SIMPLY STOP ALL EMAIL COMING
TO YOUR EMAIL ACCOUNT AND CANCEL BOTH YOUR AFFILIATE SUBSCRIPTION
AND YOUR HOST SUBSCRIPTIONS AT PAYPAL AND YOU WILL NOT BE CHARGED
AGAIN AND YOUR ACCOUNT WILL BE CANCELLED WITH US. We Do NOT Issue
Refunds Once your Email Account is Set-up. To avoid charges,
cancellations must be made before the first day of your next 30 day
hosting cycle.
2. If you are caught bulk emailing from your 1000 Meg account your
account will be terminated with us (No Refunds).
This includes using our server as a relay. Do not use your
email address to advertise with! Do not set any AUTORESPONDERS up.
Again if caught your account will be
immediately terminated with NO REFUND.
3. All YEARLY accounts that cancel their subscriptions will
automatically be put on hourly cleaning. You may continue to send
email to the account until the end of your subscription, At the end
of your subscription your account will be deleted. (It is up to you
to cancel your subscription payments to us we will not do it for
you.) If you have not changed your subscription email address at
your Safelists you will probably lose your membership because of
bouncing emails. If you have a YEARLY ACCOUNT do not cancel your
subscription before 30 days of your subscription expiration.
Monthly Accounts that cancel their subscription payments to us will
be terminated and deleted off the server at the time we receive the
subscription cancellation from PayPal. You will not receive a refund
for any unused time. Plan your cancellation around that please.
4. If your subscriptions fails at PayPal twice you will not be able
to get into your account until you restart your subscription at the
current subscription price.
5. All accounts that start receiving 7000 emails per day will be
put on automatic 4 hour cleaning otherwise the mail box cleaner will
not be able to clean your mailbox.
6. Do not delete your emails out of the Inbox, the Auto Cleaner can
not clean your Trash Bin. If we have to go in and manually clean out
your trash we will charge you $25 per event. If this is not paid
your account will be terminated with no refunds.
7. Under no circumstances may members send bounces from Bulk
Mailings or eMail To or From Yahoo Groups or any other E-Groups!
Once we find out these type of email are be
delivered to you email box your account will be immediately
terminated (with no Recourse
or Refunds or Notifications) and a $25 per hour
charge for cleaning out the mailbox! If you are
terminated because of the above it is your responsibility to cancel
you PayPal subscriptions to us, we will not do this. Plus if the server ever crashes
because of the strain put on it by the 1000's of emails and bounces
caused by Yahoo Groups anyone receiving these emails will be held
liable for all costs to repair the server.
8. Remember this email account is for receiving your Safelist
emails not for your advertising purposes. DO NOT send out
advertising using your 1000 Meg Email Account address and DO NOT
SETUP ANY AUTO RESPONDERS or FORWARDER's! You may send out the
occasional normal email as long as it has no adverting in it.
If you use this email account for anything
other than receiving normal or safelist emails your account will be
terminated with NO REFUNDS.
9. DO NOT CHANGE YOUR PASSWORD UNDER ANY CIRCUMSTANCES! This is
grounds for termination.
10. If you contact PayPal filing a claim that we are charging your
account fraudulently, Your account will be terminated without
recourse or refund.
11. It is up to you to cancel your email account with us and your
PayPal subscription if you no longer need it or do not wish to
continue with us.
12. WE DO NOT MAKE REFUNDS BECAUSE YOU DID NOT CANCEL YOUR EMAIL
ACCOUNT OR YOUR PAYPAL SUBSCRIPTION WITH US BEFORE YOUR
SUBSCRIPTION PAYMENT WAS DUE. THIS IS YOUR RESPONSIBILITY. WE WILL
NOT AND DO CANCEL YOUR SUBSCRIPTIONS FOR YOU. AGAIN THIS IS NOT OUR
RESPONSIBILITY!
13. We from time to time will send out the occasional email offer
for new products and or services, you agree to accept these emails
from us. Of course there will be a removal link in each email if you
no longer to receive these offers.
By signing up for an email account or affiliate account with 1000
Megs Email Accounts you agree to the Terms of Service of 1000 Meg
Email Accounts. This is a legal and binding contract between you the
purchaser of our service and us the service provider. And as such
should be read carefully. If you do not agree then DO NOT signup for
an email account with us.
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