HugsMail :: Terms of Service

PLEASE READ

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON YOU ARE STATING THAT YOU ARE AN ADULT (18 YEARS OR OLDER), THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF SERVICE, THAT YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE IN EFFECT AND AS UPDATED BY HUGSMAIL.COM FROM TIME TO TIME. READ THE AGREEMENT CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USE OF HUGSMAIL.COM EMAIL SERVICES. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "I DON'T ACCEPT" BUTTON. CHECK THIS PAGE TO OBTAIN THE MOST CURRENT VERSION OF THE TERMS OF SERVICE.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The HugsMail.com Email Services ("Services") are provided to you ("User") under the terms and conditions of this Email Services Terms of Service ("EMAIL TOS") and any operating rules or policies that may be published by HugsMail.com. The EMAIL TOS comprise the entire agreement between User and HugsMail.com and supersede all prior agreements between the parties regarding the subject matter contained herein.

2. DESCRIPTION OF THE SERVICES

HugsMail.com agrees to provide Users one or more of the following Services via the HugsMail.com sites: electronic mail ("email") and a calendar. User must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (b) provide for User's own access to the Web and pay any telephone or other connection and service fees associated with such access.

Use of HugsMail.com Email is limited to legal residents of the United States and Canada.

2.1 Advertising

HugsMail.com may serve advertisements to this site or work with a third party to serve the advertisements. Advertisements placed on the HugsMail.com site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships.

User agrees that HugsMail.com has the right to run such advertisements and promotions. Your correspondence or business dealing with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser. You agree that HugsMail.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

2.2 Email Marketing

HugsMail.com and/or third parties may, from time to time, send email messages to Users containing advertisements, special promotions, and other marketing materials ("Email Marketing Programs") based on the agreed terms between HugsMail.com and its selected partner(s). HugsMail.com also offers Users permission-based email services. Users must decide to "opt-in" to our email services during the registration process or through a link on the HugsMail.com site before they receive any email services, newsletters, special promotions or other marketing materials ("Opt-In Email Programs"). HugsMail.com has the right to partner with any email marketers to provide these Email Marketing Programs or Opt-In Email Programs.

3. PRIVACY POLICY

In consideration for the Services, User agrees to: (a) provide certain current, complete, and accurate information about User as prompted to do so by the Services and (b) 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 information ("Registration Information"). This Registration Information will be owned by HugsMail.com. If any information provided by User is inaccurate, HugsMail.com retains the right to terminate User's membership and rights to use the Services without prior notice.

Use of Registration Data. User agrees HugsMail.com may disclose to third parties Registration Data about User and information about User's use of the Service provided that such disclosures do not include User's mailing address, email address, telephone or fax number, or account number, except as authorized by User or User's representative or as required by law or legal process, or as set forth in Paragraph 3.1 below.

For the avoidance of doubt, User grants HugsMail.com the right to disclose to email marketers referred to in Section 2.2 all information provided during subscription to Email Marketing Programs or Opt-In Email Programs. Users may "opt-out" of these emails directly at any time. HugsMail.com does not make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and User agrees that HugsMail.com shall not have any liability with respect thereof.

HugsMail.com is committed to never mixing your permission-based email information with the anonymous profile information described in Section 2.1 above.

3.1 Mail Privacy Policy.

HugsMail.com considers email transmitted via the Service to be the private correspondence between the sender and recipient. HugsMail.com will not monitor, edit or disclose the contents of a User's private communications, except that User agrees HugsMail.com may do so (a) as required by law, (b) to comply with legal process, (c) if necessary to enforce the terms of service, (d) to respond to claims that such contents violate the rights of third parties, (e) to protect the rights or property of HugsMail.com. User understands and agrees that technical processing of email communications is and may be required (a) to send and receive messages, (b) to conform to the technical requirements of connecting networks (c) to conform to the limitations of the Service, or (d) to conform to other similar technical requirements. User acknowledges and agrees that HugsMail.com does not endorse the content of any User communications and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

HugsMail.com is not liable for any violations of the privacy policy by any entity other than itself.

For a complete Email Privacy Policy Statement, please refer to the Privacy Policy link on www.h4ha.org.

4. MODIFICATIONS TO TERMS OF SERVICE

HugsMail.com reserves the right to modify the terms and conditions of the EMAIL TOS at any time and at its sole discretion without prior notice. HugsMail.com will post any update[s] to the EMAIL TOS on this Web site. By continuing to use the Services, User agrees to be bound by the amended EMAIL TOS.

5. MODIFICATIONS TO THE SERVICES

HugsMail.com reserves the right to modify or discontinue the Services, or any portion thereof, at any time, with or without prior notice to User. HugsMail.com shall not be liable to User or any third party should HugsMail.com exercise its right to modify or discontinue the Services.

6. USER ACCOUNT, PASSWORD, AND SECURITY

User is entirely responsible for maintaining the confidentiality of User's password and account, and for any and all activities which occur under User's account or password. User agrees to immediately notify HugsMail.com of any unauthorized use of User's account, password, or any other breach of security known to User.

User may change his/her password or profile by following instructions on the system.

7. DISCLAIMER OF WARRANTIES

HugsMail.com provides the Services on an "as is" and "as available" basis, and User uses such Services at his/her sole risk.

HugsMail.com makes no warranty that the Services will meet User's requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does HugsMail.com make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected.

HugsMail.com expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at User's own discretion and risk. HugsMail.com is not responsible for User's computer system or loss of data that results from the download of such material and/or data.

HugsMail.com makes no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services.

No advice or information, whether oral or written, obtained by User from HugsMail.com shall create any warranty not expressly made herein.

8. LIMITATION OF LIABILITY

HugsMail.com will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence) strict product liability, or otherwise, even if HugsMail.com has been advised of the possibility of such damages.

9. DATA STORAGE AND OTHER LIMITATIONS

HugsMail.com has set no fixed upper limit on the number of messages a User may send or receive through the Services except as outlined in 9.1; however, HugsMail.com retains the right, at its sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the EMAIL TOS and may terminate Services if HugsMail.com determines in its sole discretion that User's conduct is inconsistent with the EMAIL TOS. HugsMail.com ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE, DELIVER, OR TIMELY DELIVER EMAIL MESSAGES.

9.1 EMAIL STORAGE LIMIT

HugsMail.com has established an upper limit of 10mb on the size of message storage it will maintain for User for our service. Additional storage may be purchased.

10. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HugsMail.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. HugsMail.com does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.

When using HugsMail.com Email, you agree:

(a) not to use the Service for illegal purposes;

(b) not to upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(d) to not use the Service to impersonate any person or entity, including, but not limited to, HugsMail.com officials, employees, staff, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) to not use the Service to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

(f) to not use the Service to upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(g) to not use the Service to upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(h) to not use the Service to upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose. HugsMail.com 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. HugsMail.com reserves the right to block any email that violates this policy;

(i) to not use the Service to upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(j) to not use the Service to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(k) to not use the Service to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(l) to not use the Service to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(m) to not use the Service to "stalk" or otherwise harass another;

(n) to not use the Service to collect or store personal data about other users;

(0) to not use the Service to promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

(p) to not use the Service to attempt to gain unauthorized access to other computer systems or networks connected to the Service; or

(q) to comply with all applicable laws regarding the transmission of technical data exported from the United States.

11. INDEMNIFICATION

User agrees to indemnify, defend (at HugsMail.com's request), and hold HugsMail.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made or brought by any third party due to or arising out of User's use of the Services or any part thereof, the violation of this EMAIL TOS or any provision therein by User, or the infringement or misappropriation by User, or a third party using User's computer, account or password to access and/or use the Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts.

12. 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 Internet-distributed, commercially produced information presented to User by the Services ("Content") by HugsMail.com, HugsMail.com's advertisers, or other HugsMail.com Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, User is only permitted to use this protected Content as expressly authorized by the owner of the Content ("Owner"), the Services or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the Services or the Advertiser.

13. TERM AND TERMINATION

User agrees that HugsMail.com may terminate User's password, account or use of the Service if HugsMail.com believes (a) that User has violated or acted inconsistently with the letter or spirit of the Terms of Service or (b) that User has violated the rights of HugsMail.com or other Users or parties. User further agrees that HugsMail.com may terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by HugsMail.com from time to time which period shall not be less than 60 days. User acknowledges and agrees that any termination of service under any provision of this Agreement may be effected without prior notice and acknowledges and agrees that HugsMail.com may immediately delete email files in User's account and bar any further access to such files or the Service.

Should User object to any terms and conditions of the EMAIL TOS or any subsequent modifications thereto or become dissatisfied with the Services in any way, User's only recourse is to immediately:

(1) discontinue use of the Services;

(2) terminate Services Usership.

14. NOTICE

Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices to User generally on the Service.

15. General

The Terms of Service and the relationship between User and HugsMail.com shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. User and HugsMail.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Oregon. The failure of HugsMail.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

16. ASSIGNMENT

No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, HugsMail.com shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This EMAIL TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

17. NO AGENCY

Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

18. SEVERABILITY

If any provision(s) of the EMAIL TOS is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, 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.

19. WAIVER

Any waiver (express or implied) by either party of any breach of this EMAIL TOS shall not constitute a waiver of any other or subsequent breach. No provision of the EMAIL TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.

20. STATUTE OF LIMITATIONS

User and HugsMail.com agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

21. Children

Children should always get their parents permission before providing any information about themselves over the Internet, such as name, email address, phone number, etc.

22. Abuse

Please report any violations of the Terms of Service to abuse@hugsmail.com.

23. TITLES

The section titles in the EMAIL TOS are solely used for the convenience of the parties and have no legal or contractual significance.

1. Terms of Service

PLEASE READ