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TERMS OF SERVICE Creating Genius, Inc. owns and operates weezee.com The following are the terms and conditions for use of the weezee.com service including without limitation email. Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY USING THIS SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. These Terms apply to Web and POP3 accounts. 1. MEMBER ACCOUNT, PASSWORD, VIRUS PROTECTION AND SECURITY To open an account, you must complete the registration process by providing us with current, complete and accurate information. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You must also maintain current and up-to-date Virus protection on any computer in which you use the services of weezee. You agree to notify Creating Genius, Inc. immediately of any unauthorized use of your account or any other breach of security. It is Creating Genius, Inc.'s policy to respect the privacy of its members. Creating Genius, Inc. will sometimes monitor your use of the Service, including its contents, without your prior permission. Creating Genius, Inc. will monitor to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Creating Genius, Inc.; (3) enforce the TOS(Terms of service); or (4) act to protect the interests of its members or others. Creating Genius, Inc. does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. You agree that Creating Genius, Inc. may access your account, including its contents, as stated above or to respond to service or technical issues. 3. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS The amount of email storage space per member is currently limited to 10MB, and some email messages may not be processed due to space constraints or outbound message limitations. Client will set their pop3 client SMTP settings to Their ISP's smtp. Creating genius does not provide smtp (outgoing) services. You agree that Creating Genius, Inc. is not responsible or liable for the deletion or failure to store messages or other information. Creating Genius, Inc. will delete files after 15 days of storage. The user is responsible for keeping Data backups on their own storage device. You will also be limited to 1500 mail messages per year and limited to 5 addressees of any given single email. Addressing outgoing email to more than 5 people will result in the message NOT sent without notification to you. 4. MEMBER CONDUCT As a condition of your use of the Service, you warrant to Creating Genius, Inc. that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for personal use only. You agree to use the Service only to send and receive personal messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
Creating Genius, Inc. has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Creating Genius, Inc. reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. 5. LINKS TO THIRD PARTY SITES THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF Creating Genius, Inc. AND Creating Genius, Inc. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Creating Genius, Inc. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Creating Genius, Inc. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Creating Genius, Inc. OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS. 6. DISCLAIMERS/LIMITATION OF LIABILITY The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Creating Genius, Inc. and/or its respective suppliers may make improvements and/or changes in the Service at any time. Creating Genius, Inc. does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Creating Genius, Inc. does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Creating Genius, Inc. shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Creating Genius, Inc. is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Creating Genius, Inc. is not responsible for any content sent using and/or included in the Service by any third party. Creating Genius, Inc. is providing this service "AS-IS". We do not guarantee it will work. IN NO EVENT SHALL Creating Genius, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Creating Genius, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 7. INDEMNIFICATION You agree to indemnify and hold Creating Genius, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service. 8. TERMINATION Creating Genius, Inc. may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Creating Genius, Inc. may also terminate your account for inactivity, which is defined as failing to log into the Service for 20 days. Creating Genius, Inc. shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. 9. NO SPAM; DAMAGES Creating Genius, Inc. will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Creating Genius, Inc. liquidated damages of $2 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Creating Genius, Inc.'s actual damages, to the extent such actual damages can be reasonably calculated. 10. PROPRIETARY RIGHTS TO CONTENT You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Creating Genius, Inc., or Creating Genius, Inc.'s Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software. 11. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES Creating Genius, Inc. reserves the right to change the Terms of Service or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms of Service on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. COPYRIGHT : All contents of the Service are: Copyright (c) 2002 Creating Genius, Inc., Inc. and/or its suppliers, c/o Creating Genius, Inc. Any rights not expressly granted herein are reserved. |
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