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Terms of Service ---------------- Before signing up for an account with OffspringNet, you must review and accept the Terms and Conditions. Signing up for an account implies such acceptance. 1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE "OffspringNet" 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 below. 2. DESCRIPTION OF SERVICE "OffspringNet" is providing its Members with a capability to send and receive electronic mail ("email") via the World Wide Web and on "OffspringNet"'s own 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. 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 "OffspringNet" the right to disclose to third parties certain information about you; however, such disclosures will exclude Member's name, mailing address, account and phone number, unless you expressly direct "OffspringNet" to disclose such information or "OffspringNet" is required to disclose such information by operation of law or to comply with legal process served on "OffspringNet". If any information provided by you is inaccurate, "OffspringNet" retains the right to terminate your membership and all associated rights to the Service. 4. MODIFICATIONS TO TERMS OF SERVICE "OffspringNet" 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 "OffspringNet" reserves the right to modify or discontinue the Service with or without notice to its Members. "OffspringNet" shall be liable to Member or any third party should they exercise their right to modify or discontinue the Service. 6. PRIVACY POLICY It is "OffspringNet"'s policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data "OffspringNet" will not monitor, edit, or disclose the contents of its Members' private communications unless required to do so by law or in the good faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on "OffspringNet" or to protect and defend the rights or property of "OffspringNet". As a Member, you acknowledge and agree that "OffspringNet" neither endorse the contents of any Member communications nor assume responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. As a Member you acknowledge and understand that certain technical processing of email messages and their content may be required to send and receive messages; conform to connecting networks' technical requirements; conform to the limitations of the Service; or conform to other similar requirements. 7. 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 which occur under your account. You must immediately notify "OffspringNet" 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. 8. 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. "OffspringNet" 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. "OffspringNet" MAKE NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. "OffspringNet" 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. "OffspringNet" 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 "OffspringNet" OR 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. 9. LIMITATION OF LIABILITY "OffspringNet" 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 INTANGIBLE, EVEN IF "OffspringNet" 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. OffspringNet SHALL NOT BE HELD RESPONSIBLE FOR ANY MESSAGES RECEIVED BY MEMBER, REGARDLESS OF THEIR CONTENT. 10. NO 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 OffspringNet. 11. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS "OffspringNet" assume no responsibility for the deletion or failure to store email messages. "OffspringNet" has set no fixed upper limit on the number of messages you may send or receive through the Service; however, "OffspringNet" 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. "OffspringNet" may terminate Service if a Member's conduct is found to be inconsistent with the intent of this agreement. 12. 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. "OffspringNet" may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these Terms and Conditions. "OffspringNet" reserves the right to terminate any inactive account. 13. INDEMNIFICATION You agree to indemnify and hold Way to the Web Limited, 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. 14. TERMINATION/CANCELLATION "OffspringNet" may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice. "OffspringNet" 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 "OffspringNet" 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 "OffspringNet" shall have no obligation thereafter to forward any unread or unsent messages to Member or any third party. 15. NOTICE Except as otherwise indicated herein, all notices to you from "OffspringNet" or from you to "OffspringNet" shall be in writing and shall be made via email or conventional mail. "OffspringNet" may post notices or messages through the Service to inform Members of changes to the Service, or the Terms and Conditions of service, or other matters of importance; such postings shall constitute sufficient written notice to Member. 16. 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. "OffspringNet" assume no liability, obligation or responsibility for any part of any such correspondence or promotion. 17. 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 "OffspringNet" or "OffspringNet"'s 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 "OffspringNet" or the Advertisers associated with the "OffspringNet" service. Members may not copy, reproduce, distribute, or create derivative works from this Content without the express written authorization to do so by the "OffspringNet" or the Advertiser. 18. LAWS This Terms and Conditions agreement shall be governed by and construed in accordance with the laws of the United States, excluding its conflict of law provisions. Both Member and "OffspringNet" agree to submit to the exclusive jurisdiction of the courts of the United States. 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. "OffspringNet"'s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by "OffspringNet" in writing. Member and "OffspringNet" 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. "OffspringNet" is powered by WebUMake ©2001 Way to the Web Limited, All Rights Reserved.