BrandFamily.com, ("BrandFamily.com")
shall provide e-mail products and services ("the BrandFamily.com Email
Service") to you ("User") under the terms and conditions of
this BrandFamily.com User Agreement ("the Agreement"). USER UNDERSTANDS
AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH BRANDFAMILY.COM
AND NOT THE WEB SITE WITH WHOM BRANDFAMILY.COM HAS ASSOCIATED TO
BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION
PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING
TO BECOME A PARTY TO THIS AGREEMENT WITH BRANDFAMILY.COM AND TO THE
TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT
ACCESSIBLE FROM THE LOGIN PAGE OF THIS E-MAIL SITE. PERSONS UNDER 13
MAY NOT SIGN UP FOR THE BRANDFAMILY.COM EMAIL SERVICE AT THIS TIME.
Acceptable Use Policy
The following policy governs the
use of the BrandFamily.com Email Service by User. User will comply with the
terms and spirit of the Agreement.
(a) User shall not use the BrandFamily.com Email Service for
spamming. Spamming includes, but is not limited to (1) the
bulksending of unsolicited messages, or the sending of
unsolicited e-mails which provoke complaints from
recipients, (2) the sending of junk mail, (3) the use of
distribution lists that include people who have not given
specific permission to be included in such distribution
process, (4) posting commercial ads to USENET newsgroups
that do not permit it, (5) posting articles containing
binary encoded data to a non-binary newsgroups, (6)excessive
and repeated posting off-topic messages to newsgroups,
(7)excessive and repeated cross-posting, (8) e-mail
harassment of another Internet user or users, including but
not limited to, transmitting any threatening, libelous or
obscene material, or material of any nature which could be
deemed to be offensive, and (9) the e-mailing of age-
inappropriate communications or content to anyone under the
age of 18. BrandFamily.com has in place a spam monitoring and
control system to reduce spam sent to and from Users.
BrandFamily.com shall make reasonable attempts to respond to
complaints made by User regarding the receipt of spam or
other harassing e-mail or, in the case of a User under the
age of 18, complaints from such User or from such User's
parent or guardian regarding the receipt of spam, other
harassing e-mail, or e-mail containing any age-inappropriate
communications or content.
(b) User shall not use the BrandFamily.com Email Service in a manner
which violates any city, state, national or international law
or regulation, or which fails to comply with accepted Internet
protocol. User shall not attempt to interfere in any way with
BrandFamily.com networks or network security, or attempt to use the
BrandFamily.com Email Service to gain unauthorized access to any other
computer system.
(c) User shall at all times provide BrandFamily.com with accurate
information. User shall immediately notify BrandFamily.com of any
security breach in or unauthorized use of User's account. User
shall not interfere in any way with another User's use of, or
BrandFamily.com's provision of the BrandFamily.com Email Service. User shall not
resell, rent, lease, grant a security interest in, or make
commercial use of the BrandFamily.com Email Services without the express
written consent of BrandFamily.com.
(d) User agrees to use BrandFamily.com e-mail addresses containing
the names of colleges, universities, celebrities,
entertainment properties, businesses, or teams for personal
use only and not for any commercial purpose.
(e) User agrees not to transfer e-mail
address for gain or otherwise. Transfer of such email address
will result in termination of contract with end user.
Title
Title, ownership rights, and intellectual
property rights in all content and material that is part of,
contained in, or accessed through the BrandFamily.com Email Service, and
provided by either BrandFamily.com or sponsors or any other content
provider shall remain the sole property of BrandFamily.com and/or its
sponsors or any other content provider. User acknowledges and
agrees that certain college, university, team, celebrity or
business names contained within BrandFamily.com e-mail addresses may
represent protected trademarks and service marks. Such content
and materials are protected by the copyrights, trademark,
service mark and patent laws and treaties.
Indemnification
User agrees to indemnify and hold
BrandFamily.com and its licensors, parents, subsidiaries, affiliates,
network partner sites, officers and employees ("Affiliated
Parties"), 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 BrandFamily.com Email Service, the
violation of the Agreement by User, or the infringement by
User, or by any other user of the BrandFamily.com Email Service using
User's computer, of any intellectual property or other right
of any person or entity, or as a result of any threatening,
libelous, obscene, harassing or offensive material contained
in any User communications.
Disclaimer of Warranty
BRANDFAMILY.COM EXPRESSLY DISCLAIMS ANY WARRANTY
FOR THE BRANDFAMILY.COM EMAIL SERVICE. THE BRANDFAMILY.COM EMAIL SERVICE IS PROVIDED
ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE
PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE BRANDFAMILY.COM EMAIL
SERVICE IS BORNE BY USER. BRANDFAMILY.COM MAKES NO WARRANTY REGARDING
ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED
THROUGH THE USE OF THE BRANDFAMILY.COM EMAIL SERVICE. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE
OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
BRANDFAMILY.COM OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY
TO USE THE BRANDFAMILY.COM EMAIL SERVICE, THE PERFORMANCE OF BRANDFAMILY.COM
SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT,
BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION,
COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS
TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL
BRANDFAMILY.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT BRANDFAMILY.COM
RECEIVED FROM USER FOR THE BRANDFAMILY.COM EMAIL SERVICE. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
NOT APPLY TO USER.
Storage
BrandFamily.com assumes no responsibility for the
deletion or failure to store, deliver or timely deliver
messages. Without limiting the foregoing sentence, BrandFamily.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 service, and BrandFamily.com retains the right to delete
any emails above such limit(s) without any liability
whatsoever, and User hereby releases BrandFamily.com from any such
liability. Any notice provided by BrandFamily.com to Users in
connection with such limit(s) shall not create any obligation
to provide future notification regarding any change(s) to such
limit(s).
Infringement
User represents that the user id selected
by the User, when used alone or combined with a second or
third level domain name, does not interfere with the rights of
any third party and is not being selected for any unlawful
purpose. User acknowledges and agrees that if such selection
does interfere with the rights of any third party or is being
selected for any unlawful purpose, BrandFamily.com may immediately
suspend the use of such BrandFamily.com e-mail address, and User will
indemnify and hold BrandFamily.com harmless, in accordance with the
Indemnification section above, for any claim or demand against
BrandFamily.com that arises out of such selection. User acknowledges
and agrees that neither BrandFamily.com nor any of its licensors
shall be liable to User in the event BrandFamily.com is ordered or
required, as a result of a court order or legal settlement, or
contractual requirement with any licensor, to desist from
using or permitting the use of a particular domain name as
part of a BrandFamily.com e-mail address. If as a result of such
action, User loses an e-mail address, the User's sole remedy
shall be the receipt of a replacement BrandFamily.com e-mail address.
Modification
BrandFamily.com reserves the right to modify the
BrandFamily.com Email Service as described in the Agreement and on the
site, and to change the terms and conditions of the Agreement
at any time, without notice. Continued use of the BrandFamily.com
Service after such modifications shall be deemed an acceptance
by the User to be bound by the terms of the modified
Agreement.
Termination
BrandFamily.com Email Service may be terminated for any reason,
in whole or in part, effective immediately, by either
BrandFamily.com at any time without notice and without any
liability whatsoever, and User hereby releases BrandFamily.com from any
such liability. Upon termination, User's right to use the BrandFamily.com
Service immediately ceases, and BrandFamily.com is not obligated to forward
any unread or unsent messages to User or any third party. BrandFamily.com
shall not be liable to User or any third party for
termination of the BrandFamily.com Email Service. If BrandFamily.com determines
that User has failed to comply with any of the terms of the
Acceptable Use Policy above, BrandFamily.com shall, if and when it
deems it appropriate, (1) facilitate criminal prosecution
against such User by referring User's spamming activity to the
appropriate legal authorities, and (2) bring a civil action
against such User, who shall be liable to BrandFamily.com for any
direct, indirect, special, incidental, or consequential
damages incurred by BrandFamily.com as a result of User's spamming or
other prohibited activity.
Severability
If any provision hereof shall at any time
be held to be void, invalid or unenforceable, such provision
shall be construed as severable and shall not in any way
affect or render void, invalid or unenforceable any other
provision of this Agreement, and this Agreement shall be
carried out as if such void, invalid or unenforceable
provision were not part of this Agreement.
Action Limit
User and BrandFamily.com 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.
No Waiver
No waiver on the part of BrandFamily.com to
exercise, and no delay in exercising, any right, power or
provision hereunder shall operate as a waiver thereof, nor
shall any single or partial exercise of any right, power or
provision hereunder preclude the exercise of that or any other
right, power or provision.
BrandFamily.com Successors and Assigns
This Agreement shall be
binding upon and inure to the benefit of any BrandFamily.com
successor companies or assigns.
Headings
The headings in this Agreement are for
convenience only and shall not affect the meaning or
interpretation of this Agreement or any provision thereof.
Entire Agreement
This Agreement contains the entire
understanding of the parties with respect to the subject
matter hereof and supersedes all prior and contemporaneous
agreements and understandings, whether oral or written,
relating to the subject matter hereof.
Governing Law
This Agreement shall be
governed by and construed in accordance with the laws of the State
of Georgia applicable to agreements executed and performed
wholly within the State of Georgia.
Last updated 02/21/01