1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The Down To
Earth Network email service ("Service"), owned and operated by Down To Earth
Enterprises ("DTE"), is provided to you ("User") under the terms
and conditions of this Terms of Services Agreement (TSA) and any operating rules or
policies that may be published by DTE. The TSA comprises the entire agreement between User
and DTE and supersedes all prior agreements between the parties regarding the subject
matter contained herein. BY COMPLETING THE REGISTRATION PROCESS FOR A NEW ACCOUNT, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TSA.
2. DESCRIPTION OF SERVICE
DTE is providing User with a capability to send and receive electronic mail
("email") via the World Wide Web on DTE's own
system. DTE may impose a monthly maintenance fee upon User for this Service. User 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.
User agrees in good faith to: (1) provide certain current, complete, and accurate
information about User as prompted to do so by the Service and (2) maintain and update
this information as required to keep it current, complete and accurate. All information
requested on original sign up shall be referred to as registration data
("Registration Data"). Furthermore, User grants DTE the right to disclose to
third parties certain Registration Data about User and Service membership in the
aggregate; however, such disclosures will exclude User's name, mailing address, email
address, account and phone number, unless: (1) User expressly directs DTE, or any other
person User may specifically designate to disclose such information through the Service as
provided by the Service or (2) DTE is required to disclose such information by any
applicable law or legal process served on DTE.
If any information provided by User is inaccurate, DTE retains the right to terminate
User's membership and rights to use the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
DTE may change the terms and conditions of the TSA from time to time. Upon any change
in the terms and conditions of the TSA, DTE will notify you by posting the changes as a
start-up screen prior to your subsequent use of the Service.
User's continued use of the Service constitutes an affirmative: (1) acknowledgment by
User of the TSA and its modifications; and (2) agreement by User to abide and be bound by
the TSA and its modifications.
4. MODIFICATIONS TO SERVICE
DTE reserves the right to modify or discontinue the Service with or without notice to
User.
DTE shall not be liable to User or any third party should DTE exercise its right to
modify or discontinue the Service.
5. PRIVACY POLICY
Email is private correspondence between the sender and the recipient.
It is DTE's policy to respect the privacy of its Users. Therefore, in addition to the
privacy of registration data as discussed in Section 2 above, DTE will not monitor, edit,
or disclose the contents of a User's private communications unless required to do so by
law or in the good faith belief that such action is necessary to: (1) conform to the
edicts of the law or comply with legal process served on DTE; (2) protect and defend the
rights or property of DTE; or (3) act under exigent circumstances to protect the personal
safety of its members or the public.
User acknowledges and agrees that DTE neither endorses the contents of any User
communications nor assumes 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.
User acknowledges and agrees that certain technical processing of email messages and
their content may be required to: (1) send and receive messages; (2) conform to connecting
networks' technical requirements; (3) conform to the limitations of the Service; or (4)
conform to other similar requirements.
6. USER ACCOUNT, PASSWORD, AND SECURITY
When becoming a user of the Service, you shall decide on a password and an account
name. You are entirely responsible if you do not maintain the confidentiality of your
password and account name. Furthermore, you are entirely responsible for any and all
activities which occur under your account name. You may change your password or account
name at any time by contacting postmaster@dte.net.
User agrees to immediately notify DTE of any unauthorized use of User's account or any
other breach of security known to User.
7. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DTE 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.
DTE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DTE 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.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT
USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM(S) OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
DTE 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 USER FROM DTE 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
DTE 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 USER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF DTE 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 OR COMMERCIAL USE OF THE SERVICE
User's right to use the Service is personal to User. User agrees not to resell or make
any commercial use of the Service, without the express consent of DTE.
10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
DTE assumes no responsibility for the deletion or failure to store email messages.
DTE has set no fixed upper limit on the number of messages a User may send or receive
through the Service; however, DTE retains the right, at DTE's sole discretion, to
determine whether or not User's conduct is consistent with the letter and spirit of the
TSA and may terminate Service if a User's conduct is found to be inconsistent with the
TSA.
12. USER CONDUCT
User is solely responsible for the contents of his or her transmissions through the
Service.
User's use of the Service is subject to all applicable local, state, national and
international laws and regulations.
User agrees: (1) to comply with US law regarding the transmission of technical data
exported from the United States through the Service; (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.
The Service makes use of the Internet to send and receive certain messages; therefore,
User's conduct is subject to Internet regulations, policies and procedures. User 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.
User agrees not to transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature. User further agrees 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.
User shall not interfere with another User's use and enjoyment of the Service or
another entity's use and enjoyment of similar services.
DTE may, at its sole discretion, immediately terminate Service should User's conduct
fail to conform with these terms and conditions of the TSA.
13. INDEMNIFICATION
User agrees to indemnify and hold DTE, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of User's use of the Service, the violation
of this TSA by User, or the infringement by User, or other user of the Service using
User's computer, of any intellectual property or other right of any person or entity.
14. TERMINATION
Either User or DTE may terminate the Service with or without cause at any time and
effective immediately. Termination shall be accompanied by a written or emailed notice to
the other party. DTE shall not be liable to User or any third party for termination of
Service.
Should User object to any terms and conditions of the TSA or any subsequent
modifications thereto or become dissatisfied with the Service in any way, User's only
recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service
membership; and (3) notify DTE of termination.
Upon termination of the Service, User's right to use the Service and Software
immediately ceases. User shall have no right and DTE will have no obligation thereafter to
forward any unread or unsent messages to User or any third party.
15. NOTICE
All notices to a party shall be in writing and shall be made either via email or
conventional mail. DTE may broadcast notices or messages through the Service to inform
User of changes to the TSA, the Service, or other matters of importance; such broadcasts
shall constitute notice to User.
16. PROPRIETARY RIGHTS TO CONTENT
User 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 User
by the Service ("Content") by DTE, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws; therefore, User is only
permitted to use this Content as expressly authorized by the Service. User may not copy,
reproduce, distribute, or create derivative works from this Content without expressly
being authorized to do so by the Service.
18. LAWS
The TSA shall be governed by and construed in accordance with the laws of the state of
California, excluding its conflict of law provisions.
User and DTE agree to submit to the exclusive jurisdiction of the courts of the state
of California.
If any provision(s) of the TSA is 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.
DTE's failure to exercise or enforce any right or provision of the TSA shall not
constitute a waiver of such right or provision unless acknowledged and agreed to by DTE in
writing.
User and DTE 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.
The section titles in the TSA are solely used for the convenience of the parties and
have no legal or contractual significance.
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