WEB.COM FREE E-MAIL SERVICE AGREEMENT
1. THIS IS AN AGREEMENT BETWEEN YOU AND WEB INTERNET LLC ("WEB.COM")
This is an agreement ("Agreement") between you and Web.com, Inc. ("Web.com"). This
Agreement governs your use of this Web site ("Site") and any services that may be
provided by Web.com (the "Services"). You represent that you are at least 18 years
of age and have attained the age of majority in the province, state or country in
which you reside, and any information that you submit is true and correct.
WEB.COM OFFERS THE SITE AND THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE
WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SITE AND/OR THE SERVICES
CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. WEB.COM MAY MODIFY THIS AGREEMENT
Web.com reserves the right to change the terms, conditions, and notices under which
it offers the Site and the Services. You are responsible for regularly reviewing
these terms, conditions and notices. Your continued use of the Site and/or the Services
after the effective date of such changes constitutes your acceptance of and agreement
to such changes.
3. DESCRIPTION OF WEB.COM MAIL
Web.com Mail is a free, web-based e-mail application ("Service"). You understand
and agree that the Service may include content-targeted ads, e-mail offers or other
related information, as further described below. You further understand and agree
that the Service is provided on an AS IS and AS AVAILABLE basis. Web.com disclaims
all responsibility and liability for the availability, timeliness, security or reliability
of the Service. Web.com also reserves the right to modify, suspend or discontinue
the Service with or without notice at any time and without any liability to you.
4. WEB.COM PRIVACY POLICY
In registering, you agreed to the Web.com Privacy Policy, which permits, among other
things, Web.com, its affiliates and marketing partners ("Web.com Parties") to send
you e-mails containing advertisements and promotions. With respect to e-mails sent
by Web.com Parties, you will be able to unsubscribe from such e-mails by following
the directions set forth in each e-mail.
5. CONTENT OF THE SERVICES
Web.com takes no responsibility for third party content (including, without limitation,
any viruses or other disabling features), nor does Web.com have any obligation to
monitor such third party content. Web.com reserves the right at all times to remove
or refuse to distribute any content on the Services, such as content which violates
the terms of this Agreement. Web.com also reserves the right to access, read, preserve,
and disclose any information as it reasonably believes is necessary to (a) satisfy
any applicable law, regulation, legal process or governmental request, (b) enforce
this Agreement, including investigation of potential violations hereof, (c) detect,
prevent, or otherwise address fraud, security or technical issues (including, without
limitation, the filtering of spam), (d) respond to user support requests, or (e)
protect the rights, property or safety of Web.com, its users, affiliates, marketing
partners and the public. Web.com will not be responsible or liable for the exercise
or non- exercise of its rights under this Agreement.
6. ADVERTISEMENTS
As consideration for using the Services, you understand and agree that Web.com may
display advertisements and other information adjacent to and related to the content
of your e-mail. Web.com may present relevant advertisements using an automated process
that enables Web.com to effectively target e-mail content. No human will read the
content of your e-mail for the purpose of targeting such advertisements or other
information without your consent, and no e-mail content or other personally identifiable
information will be provided to advertisers as part of the Service.
7. E-MAIL OFFERS
As consideration for using the Services, you understand and agree that Web.com may
deliver to your Web.com Mail address (yourname@web.com), product and or service
Offers from Web.com Parties ("E-mail Offers"). Further, you understand and agree
that such E-mail Offers may be related to the content of your e-mail. Web.com may
send E-mail Offers using an automated process that enables Web.com to effectively
target e-mail content. No human will read the content of your e-mail for the purpose
of targeting such E-mail Offers or other information without your consent, and no
e-mail content or other personally identifiable information will be provided to
advertisers or other third parties as part of the Service.
8. E-MAIL TAGLINE ADVERTISEMENTS
As consideration for using the Services, you understand and agree that Web.com may
attach tagline advertisements ("Taglines") to your outgoing e-mail. Further, you
understand and agree that such Taglines may be related to the content of your e-mail.
Web.com Mail may attach Taglines using an automated process that enables Web.com
Mail to effectively target e-mail content. No human will read the content of your
e-mail for the purpose of targeting such E-mail Offers or other information without
your consent, and no e-mail content or other personally identifiable information
will be provided to advertisers as part of the Service.
9. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICES
The Site and the Services are only for your personal use, and may not be used for
commercial purposes. You will not use the Site or the Services in any way that is
unlawful, or harms Web.com, its partners, sponsors, advertisers, affiliates, resellers,
distributors, service providers and/or suppliers (each a "Web.com Party") or any
customer of a Web.com Party, as determined in Web.com's sole discretion. Web.com
may tell you about certain specific harmful uses in a code of conduct or other notices
available through the Site, but has no obligation to do so. You may not use the
Site or the Services in any way that breaches any code of conduct, policy or other
notice applicable to the Site or the Services. Without limiting the generality of
this section, you may not use the Site or the Services in any manner that could
damage, disable, overburden, or impair the Site or the Services (or the network(s)
connected to the Site or the Services) or interfere with any other person's use
and enjoyment of the Site or the Services.
10. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 9, you will not use the Services to transmit,
either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial
e-mail. You will not use the Site or the Services in any way that violates the Web.com
Acceptable Use Policy, which is below. A breach of any part of the Acceptable Use
Policy is a breach of this Agreement. Web.com may, but is not obligated to, use
filtering technology or other measures in its efforts to stop unsolicited bulk e-mail
and unsolicited commercial e-mail, and such filtering technology or other measures
may block, either temporarily or permanently, some e-mail sent to you through the
Services even if such e-mail does not violate the Acceptable Use Policy.
11. ACCEPTABLE USE POLICY
You may not use the Site or the Services for spamming or other inappropriate conduct,
as such may be determined by Web.com, in its sole discretion. Without limiting the
generality of the foregoing, you may not:
• In any way modify e-mail headers, to disguise the origin of any e-mail transmitted
to or through the Services.
• With respect to any e-mails that you send through the Services, use false or misleading
information in the subject line or otherwise include false or misleading content.
• Relay e-mail from a third party's mail servers without the permission of that
third party.
• Use Web.com computer systems, or permit or cause Web.com computer systems to be
used, to facilitate the transmission of unsolicited or unauthorized material.
• Use any means to harvest, mine or collect e-mail addresses or other information
from any web sites including those associated with Web.com Mail (such as www.web.com
or mail.web.com).
• E-mail, or transmit the same message numerous times.
• Use the Site or the Services in a manner that could damage, disable, overburden
or impair any aspect of the Site or the Services, or that could interferer with
any other person's use and enjoyment of the Site or the Services.
• You many not obtain or operate more than one Web.com Mail account.
Web.com does not permit or authorize others to use the Site or the Services
to obtain or maintain information about other Web.com Mail users.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS ACCEPTABLE USE POLICY IS NOT INTENDED
TO AND DOES NOT GRANT ANY RIGHT TO TRANSMIT E-MAIL TO OR THROUGH WEB.COM COMPUTER
SYSTEMS. WEB.COM DOES NOT WAIVE ANY RIGHTS BY ITS FAILURE TO ENFORCE THIS POLICY
IN EVERY INSTANCE IN WHICH IT MIGHT APPLY.
NOTICE: Sending unsolicited commercial e-mail to or through Web.com computer systems
may use, or cause to be used, Web.com servers located in California. Any unauthorized
use of Web.com Mail computer systems is a violation hereof, and certain federal
and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), the CAN-SPAM Act, Section 502 of the California Penal Code, and Section 17538.45
of the California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
Please report any violations of this Acceptable Use Policy to
abuse@Web.com
12. E-MAIL MONITORING/STORAGE
To the maximum extent permitted by applicable law, Web.com may monitor your e-mail,
or other electronic communications and may disclose such information in the event
it has a good faith reason to believe it is necessary for purposes of ensuring your
compliance with this Agreement, and protecting the rights, property, and interests
of the Web.com Parties or any customer of a Web.com Party.
All e-mails in your Web.com Mail account sent to you from Web.com or any Web.com
Party may be deleted after 21 days, or such other period of time as Web.com Mail
may, from time to time, determine in its sole discretion.
Web.com assumes no responsibility for the deletion or failure to store, deliver
or timely deliver messages. Without limiting the foregoing sentence, Web.com may,
from time to time and without notice, set limit(s) on the number of messages a member
may send, store, or receive through the Services, and Web.com retains the right
to delete any e-mails above or below such limit(s) as well as to deactivate any
account which is over such limit(s) without any liability whatsoever, and you hereby
release Web.com from any such liability. Any notice provided by Web.com to its users
in connection with such limit(s) shall not create any obligation to provide future
notification regarding any change(s) to such limit(s).
13. SOFTWARE
Your use of any software associated with the Site and the Services, if any, will
be governed by the terms and conditions of the end user license agreement ("EULA")
accompanying such software.
14. INDEMNIFICATION
You agree to defend, indemnify and hold the Web.com Parties, their respective licensors,
parents, subsidiaries, affiliates, officers and employees (the "Web.com Indemnified
Parties"), harmless from and against any claim, liability, damage, loss, cost, expense
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of (i) your use of the Site and/or the Services where there is no
legal wrongdoing on the part of the Web.com Parties, (ii) your violation of this
Agreement, (iii) the infringement by you, or by any other user of the Site or the
Services using your computer, of any intellectual property or other right of any
person or entity, or (iv) any threatening, libelous, obscene, harassing or offensive
material contained in any of communications coming from your computer.
15. WEB.COM MAKES NO WARRANTY
WEB.COM PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB.COM PARTIES
MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WITHOUT LIMITING
THE FOREGOING, THE WEB.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS,
EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY,
TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES
OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES
OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE AND THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
16. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY WEB.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF
THE SITE AND THE SERVICES, EVEN IF SUCH WEB.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES HEREUNDER IS INDEPENDENT OF YOUR EXCLUSIVE
REMEDY (AS SET FORTH BELOW) AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL
PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY
WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH
OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH
EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED
WITH THE SITE OR THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT,
OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY WEB.COM PARTY WITH RESPECT
TO THIS AGREEMENT OR THE SITE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
17. CHANGES TO THE SERVICES; ADDITIONAL LIABILITY LIMITATION
THE WEB.COM PARTIES MAY CHANGE THE SITE AND THE SERVICES OR DELETE FEATURES IN ANY
WAY, AT ANY TIME AND FOR ANY REASON. As you use the Site and the Services, you should
expect to receive, access or use information, materials, graphics, software, data,
offers, advertisements, promotions and content (collectively, "Content") originated
by Web.com and persons other than Web.com (any such person is referred to as a "Third
Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 15 AND 16, YOU ACKNOWLEDGE
AND AGREE THAT THE WEB.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT,
INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING,
OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT,
TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS
15 AND 16, YOU ACKNOWLEDGE AND AGREE THAT WEB.COM MAIL IS NOT RESPONSIBLE OR LIABLE
FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE
OF THE SITE OR THE SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND THE SERVICES
AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES
YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR
TRANSACTIONS IN CONNECTION WITH THE SITE AND/OR THE SERVICES IN AN ACCURATE OR TIMELY
MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED
WITH YOUR USE OF THE SERVICES OR ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH
LINKS CONTAINED ON THE SITE OR THE SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
IN SECTIONS 15 AND 16 AND THIS SECTION 17 APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS
PROVIDED TO YOU UNDER APPLICABLE LAW.
18. TERMINATION
Web.com may terminate this Agreement, or terminate or suspend your access to the
Site and/or the Services (or any portion thereof) at any time, with or without cause,
with or without notice. In addition, failure to use your account for 30 consecutive
days (or such other period of time as Web.com may, from time to time, determine
in its sole discretion) may result in the termination of your account. Upon any
such termination or suspension, your right to use the Site and/or the Services will
immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE
STORED ON THE SERVICES MAY NOT BE RETRIEVED BY YOU. You understand that any termination
of your membership (by you or by Web.com) may impact your participation in promotions
and other offers provided through the Services, depending upon the terms governing
such promotions or offers.
19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims for enforcement, breach or violation of duties or rights under this Agreement
will be adjudicated under the laws of the State of Connecticut, without reference
to conflict of laws principles. You hereby irrevocably consent to the exclusive
jurisdiction and venue of the state or federal courts in Fairfield County, Connecticut
in all disputes arising out of or relating to the use of the Site and/or the Services.
You hereby knowingly, voluntarily, and intentionally waive, to the fullest extent
permitted by applicable law, the right to trial by jury in any legal proceeding
arising out of or relating to this Agreement or the transactions contemplated hereby.
20. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant
to applicable law, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of this Agreement will continue in effect. Web.com may
assign this Agreement, in whole or in part, at any time with or without notice to
you. You may not assign this Agreement, or assign, transfer or sublicense your right,
if any, to use the Services. Except as expressly stated herein, this Agreement constitutes
the entire agreement between you and Web.com with respect to the Site and the Services
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Web.com with respect to the Site and
the Services. The section titles in the Agreement are solely used for the convenience
of the parties and have no legal or contractual significance.
21. CLAIMS AGAINST WEB.COM MUST BE BROUGHT WITHIN ONE YEAR
YOU AND WEB.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SITE AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
22. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of this Site and the Services are Copyright © 2005 Web Internet LLC
and/or its suppliers. All rights reserved. Web.com, and/or other Web.com products
and services referenced herein, may also be either trademarks or registered trademarks
of Web.com in the United States and/or other countries. Title, ownership rights,
and intellectual property rights in all content and material that is part of, contained
in, or accessed through the Site and the Services, and provided by either Web.com
or sponsors or any other content provider shall remain the sole property of Web.com
and/or its sponsors or any other content provider.
23. INTERNATIONAL USE
Web.com makes no representations that the Content on this Site is appropriate or
available for use in locations outside the United States. Those who choose to access
the Site from other locations do so at their own initiative and are responsible
for complying with all local laws and regulations regarding online conduct and acceptable
content.
24. SURVIVABILITY
The following sections shall survive the expiration or termination of this Agreement:
4, 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24.