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| FREEMAIL
SERVICE
Freemail service with the ability to specify
signatures, a junk mail blocker, collection of mail from existing
external accounts. We offer also Premium Pop3 email service and
free bulletin board setup |
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TERMS OF SERVICE url40.NET (
url5.net) 1. ACKNOWLEDGMENT AND ACCEPTANCE
OF TERMS OF SERVICE
The url40.net Redirect Service ("Service"), is provided
to you ("Member") under the terms and conditions set forth
in this “Terms of Use” document (TU) and any operating
rules or policies that may be published by Service. These Terms
of Use and the documents referred to therein comprise the entire
agreement between Member and Service and supersedes all prior agreements
between the parties regarding the subject matter contained herein.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "CLICK
HERE TO REGISTER" BUTTON, YOU ARE INDICATING THAT YOU HAVE
READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
OF THE TU, PRIVACY POLICY AND ALL DOCUMENTS REFERRED TO THEREIN.
2. DESCRIPTION OF SERVICE
Service provides Members with a capability to allow the users of
most web browsers (“USERS”) to use a short convenient
and marketable url40.net (url5.net) Uniform
Resource Locator ("URL") via the address line most web
browsers with access to the World Wide Web and on the Service home
page (url40.net) itself to resolve to another URL identified and
controlled solely by Member. Member must: (1) provide all equipment,
including a computer and modem, necessary to establish a connection
to the World Wide Web; (2) provide for own access to the World Wide
Web and pay any telephone service fees associated with such access.
In consideration for this Service, Member agrees to: (1) provide
certain current, complete, and accurate information about Member
as prompted to do so by the Service, and (2) maintain and update
this information as required to keep it current, complete and accurate,
(3) permit Service to display advertising when Service or Service
Features are accessed by Member or Users, and (4) permit url40.net
to contact the Member with third party advertising via email pursuant
to the service Privacy Policy in effect at the time of such contact.
All information provided to service by member as part of the registration
process or thereafter shall be referred to as registration data
("Registration Data"). If Service by it’s sole determination
should conclude that any information provided by Member is inaccurate,
Service may at its own option and at it’s sole discretion
unilaterally and without notice to Member or Users terminate Member's
membership, and the resolution of the member’s url40.net (url40.net,
url5.net) URL.
3. MODIFICATIONS TO TERMS OF USE
Service may change the terms and conditions of these TERMS OF USE
from time to time without notice. Your continued use of the services
manifests your assent to any such changes. A link to the this terms
of use document is available on the main url40.net web site page
or you may contact
us at http://www.url40.net/domain/contact.php to to request
a copy of the current Terms of use via return e-mail.
4. MODIFICATIONS TO SERVICE / LIMITATION OF LIABILITY
Service reserves the right to modify or discontinue the Service
at any time with or without notice to the Member. Service shall
not be liable to Member or any third party, for direct consequential
or other damages as the result of the exercise of its right herein
to modify or discontinue the Service. Member agrees to hold service
harmless of and from any claim for damages asserted by any such
third party as the result of the modification or cessat ion of resolution
services related to member’s registered url40.net (
url5.net) URL.
5. RESPONSIBILITY FOR CONTENT
Member acknowledges and understands that Service neither reviews,
controls nor endorses the content of World Wide Web sites which
member directs users to. Member sites or pages therein nor assumes
responsibility for any threatening, libelous, obscene, harassing
or offensive material contained therein. Furthermore, member hereby
assumes all responsibility and liability for any infringement of
third party intellectual property rights of others which are claimed
to have been or which are being infringed upon. Member assumes all
responsibility and liability for the content of any site which member’s
url40.net (url5.net) URL directs any user.
Member agrees to hold service harmless of and from any claim for
damages including costs of legal defense and expert fees and otherwise
asserted by any such third party as the result of, in connection
with or arising out of the content of any site which member’s
url40.net (url5.net) URL directs any user.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password
and an account. You are solely responsible to maintain the confidentiality
of your password and account. Furthermore, you are solely responsible
for any and all activities which occur under your account. You may
change your password and information at any time by following the
instructions available on the login page.
Member agrees to immediately notify Service of any unauthorized
use of Member's account or any other breach of security made known
to Member.
7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON_INFRINGEMENT.
SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES SERVICE MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO 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 DONE AT
MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE 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.
SERVICE MAKES 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 SERVICE OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
SERVICE 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 PURCHASE
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 SERVICE 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.
9. NO RESALE OF THE SERVICE
Member's license to use Service as set forth herein is personal
to Member. Member agrees not to resell or otherwise transfer the
url40.net (url5.net) URL or the ability to
use the Service without the express consent of Service.
10. REDIRECT FAILURE AND OTHER LIMITATIONS
Service assumes no responsibility for the deletion or failure to
redirect requests for url40.net URL’s. Service has presently
set no fixed upper limit on the number of redirects a Member may
receive through the Service; however, Service retains the right,
at it’s sole discretion, and without notice to member, to
determine whether or not Member's conduct is consistent with the
letter and spirit of these TERMS OF USE and may either modify or
terminate resolution Service for members url40.net(
url5.net) URL if a Member's conduct is found to be inconsistent
with the TERMS OF USE.
12. MEMBER CONDUCT
Member is solely responsible for the contents of all content accessed
through the use of member’s url40.net (url5.net
) URL. Member's use of Service is subject to all applicable
local, State, national and international laws and regulations. Member
agrees to fully comply therewith at all times. Member agrees: (1)
to comply with UK law; (2) not to use the Service for illegal purposes;
(3) not to interfere or disrupt networks connected to the Service;
and (4) to comply with all regulations, policies and procedures
of networks connected to the Service (5) not to take any action
which in the sole discretion of Service casts Service in an unfavorable
light.
The Service makes use of the Internet to receive and redirects requests
for uniform resource locators; therefore, Member's conduct is subject
to Internet regulations, policies and procedures. Member will not
use the Service for chain letters, junk mail, spamming or any use
of distribution lists to any person who has not given specific permission
to be included in such a process.
Any use of service for the purpose of sending, receiving, facilitating,
responding to, transferring, maintaining or any purpose otherwise
related to the unsolicited bulk email ("spamming") is
a direct violation of these terms of use.
Member agrees not to direct users of the service to any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. Member
further agrees not direct users of the service to 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.
Member shall not interfere with another Member's use and enjoyment
of the Service or another entity's use and enjoyment of similar
services. Service may, at its sole discretion and option, immediately
limit or terminate member’s use of Service should Member's
conduct fail to conform with these terms and conditions.
13. INDEMNIFICATION
Member agrees to indemnify and hold Service, its employees, directors,
officers, parents, subsidiaries, and affiliates, harmless from any
claim or demand, including reasonable attorneys' fees, expert costs
and court costs incurred in relation to any claim or demand made
by any third party related to or arising out of Member's use of
the Service, any violation of these terms of use by Member, any
alleged infringement by Member or Service of the rights of any third
party, or by other user of the Service using Member's computer,
or url40.net (url5.net).
14. TERMINATION
Either Member or Service may terminate the members ability to use
Service and/or members ability to use the associated url40.net (
url5.net) URL with or without cause at any time and effective
immediately. Service shall not be liable to Member or any third
party for such termination.
Should Member object to any terms and conditions of these terms
of Use or any subsequent modifications hereto or become dissatisfied
with Service in any way, Member's only recourse is to immediately:
(1) discontinue use of Service; (2) terminate Service membership;
and (3) notify Service of such termination. Upon termination of
membership, Member's use the Service, and Software shall immediately
ceases. Member shall have no right and Service shall have no obligation
thereafter to resolve any requests for url's to Member or any third
party. Furthermore, immediately upon such termination member agreed
that such terminated kickme.to URL remains the property of Service
and member further agrees that such URL may immediately thereafter
be made available for registration to the public or otherwise at
the sole discretion of Service.
15. NOTICE
All notices required under these Terms of Use shall be in writing.
In the case of any notice to Member, any particular decision to
provide notice to the member shall not obligate service to otherwise
notify member subsequently where such notice is not specifically
required. Member agrees that posting a change or informational notice
by Service on the Service is itself valid proper notice to member
sufficient to satisfy any notice required hereunder. Furthermore,
with respect to these terms of service, notice of any changes, additions
or deletions to these terms of service is sufficient and binding
upon the posting of such changes, additions or deletions in the
form of an updated Terms of Service document itself. No further
notice of change is required.
At the sole option of service, member agrees that email to the email
address supplied by member during the registration process is sufficient
notice regardless of whether service is made aware of another additional
or subsequent email address for member. Members email address of
record may, however, be updated by contacting us with our help desktop
http://www.url40.net/domain/contact.php. Members email address of
record may be verified by contacting admin@web111.net. Any automated
response to any notice of change of email address or any other correspondence
does not constitute confirmation of any formal change of the member’s
email address with service.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions
of the Advertisers showing 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. Service assumes no liability, obligation or responsibility
for any part of any such correspondence or promotion or any products
or services offered therein.
17. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text,
software, music, sound, photographs, video, graphics or other material
contained in either sponsor advertisements or email distributed,
commercially produced information presented to Member by the Service
("Content") by Service or Services Advertisers, is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws; therefore, Member is only permitted to use this
Content as expressly authorized by Service or the Advertiser. Member
may not copy, reproduce, distribute, or create derivative works
from this Content without expressly being authorized to do so by
Service or the Advertiser.
18. LAWS
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of Gibraltar. Member and Services agree
to submit to the exclusive jurisdiction of Gibraltar. If any provision(s)
of these Terms of Use 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. Service’s
failure to exercise or enforce any right or provision of these Terms
of Use shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Service in writing. Member
and Service hereby further agree that any cause of action arising
out of or related to this Service or any use thereof must commence
within one (1) year after the cause of action arises; otherwise,
such cause of action is permanently barred.
19. PRVACY
We take user's privacy very seriously, and normally will not knowingly
disclose confidential information to anyone. However, we reserve the right
to cooperate with law enforcement agencies who are investigating criminal
activities undertaken by users of our service. In logging access to this service,
we try to balance our need to have access to useful site performance data and the
need to be able to cooperate with criminal investigations with our user's needs for privacy.
Currently our goal is to log only that information which is necessary to comply with
legitimate law enforcement inquiries for a period of 7 days from the date of access.
This logging policy is a goal and not a mandate.
The section titles in these Terms of Use are solely for the convenience
of the parties and have no legal or contractual significance.
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