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HealthyPlace.com
Terms of Service
The following are the terms and conditions for use of the
HeathyPlace.com Email service including without limitation email, instant
messaging through Northsky Messenger Service and other services which may
be offered from time to time by HealthyPlace.com, Inc. for use with your
HealthyPlace.com account member name (each feature individually and
collectively referred to as the "Service"). Please read them
carefully. This Service is provided to individuals who are at least 18
years old or minors who have parental permission to open and maintain an
account. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE
REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT
AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE
SERVICE ("TOS").
The Service is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account, you must complete the registration process by
providing us with current, complete and accurate information as prompted
by the Registration Form. You then will choose a password and an account
name. You are entirely responsible for maintaining the confidentiality of
your password and account. Furthermore, you are entirely responsible for
any and all activities that occur under your account.
You agree to notify HealthyPlace.com immediately of any unauthorized
use of your account or any other breach of security.
2. MEMBER PRIVACY
It is HealthyPlace.com's policy to respect the privacy of its members.
HealthyPlace.com will not monitor, edit, or disclose any personal
information about you or your use of the Service, including its contents,
without your prior permission unless HealthyPlace.com has a good faith
belief that such action is necessary to: (1) conform to legal requirements
or comply with legal process; (2) protect and defend the rights or
property of HealthyPlace.com; (3) enforce the TOS; or (4) act to protect
the interests of its members or others. HealthyPlace.com does provide
certain user information in aggregate form to third parties, including its
advertisers, for demographics. In addition, your Internet Protocol address
is transmitted with each message sent from your account. For more
information, see the HealthyPlace.com
Privacy Statement
Some personal information you provide to HealthyPlace.com may be stored
outside of the country in which you reside.
You agree that HealthyPlace.com may access your account, including its
contents, as stated above or to respond to service or technical issues.
3. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of email storage space per member is limited to 100
messages. Some email messages may not be processed due to space
constraints or outbound message limitations. The amount of instant
messaging storage space is limited and some messages may not be processed
due to space constraints or outbound message limitations. You agree that
HealthyPlace.com is not responsible or liable for the deletion or failure
to store messages or other information.
4. MEMBER CONDUCT
As a condition of your use of the Service, you warrant to
HealthyPlace.com that you will not use the Service for any purpose that is
unlawful or prohibited by these terms, conditions, and notices.
The Service is provided to individuals only and for personal use only.
You agree to use the Service only to send and receive personal messages.
Any unauthorized commercial use of the Service, or the resale of its
services, is expressly prohibited.
You agree to abide by all applicable local, state, national and
international laws and regulations and are solely responsible for all acts
or omissions that occur under your account or password, including the
content of your transmissions through the Service. By way of example, and
not as a limitation, you agree not to:
- Use the Service in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
- Publish, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful material or
information.
- Advertise or offer to sell or buy any goods or services for any
non-personal purpose.
- Harvest or otherwise collect information about others, including
email addresses, without their consent.
- Create a false identity for the purpose of misleading others as to
the identity of the sender or the origin of a message.
- Use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity that is not a Service member any directory
of the Service members or other user or usage information or any
portion thereof other than in the context of your use of the Service
as permitted under the TOS.
- Transmit or upload any material that contains viruses, trojan
horses, worms, time bombs, cancelbots, or any other harmful or
deleterious programs.
- Transmit or upload any material that contains software or other
material protected by intellectual property laws, rights of privacy or
publicity or any other applicable law unless you own or control the
rights thereto or have received all necessary consents.
- Interfere with or disrupt networks connected to the Service or
violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service, through
password mining or any other means.
- Violate any applicable laws or regulations including, without
limitation, laws regarding the transmission of technical data or
software exported from the United States through the service.
- Interfere with another member's use and enjoyment of the Service or
another individual's or entity's use and enjoyment of similar
services.
HealthyPlace.com has no obligation to monitor the Service or any user's
use thereof or retain the content of any user session. However,
HealthyPlace.com reserves the right at all times to monitor, review,
retain and/or disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request.
5. LINKS TO THIRD PARTY SITES
THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB
SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE
CONTROL OF HEALTHYPLACE.COM AND HEALTHYPLACE.COM IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. HEALTHYPLACE.COM IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. HEALTHYPLACE.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
HEALTHYPLACE.COM OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.
6. DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the
Service may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. HealthyPlace.com and/or its
respective suppliers may make improvements and/or changes in the Service
at any time.
HealthyPlace.com does not represent or warrant that the Service will be
uninterrupted or error-free, that defects will be corrected, or that the
Service or the server that makes it available, are free of viruses or
other harmful components. HealthyPlace.com does not warrant or represent
that the use or the results of the use of the Service or the materials
made available as part of the Service will be correct, accurate, timely,
or otherwise reliable.
You specifically agree that HealthyPlace.com shall not be responsible
for unauthorized access to or alteration of your transmissions or data,
any material or data sent or received or not sent or received, or any
transactions entered into through the Service. You specifically agree that
HealthyPlace.com is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any other
party or any infringement of another's rights, including intellectual
property rights. You specifically agree that HealthyPlace.com is not
responsible for any content sent using and/or included in the Service by
any third party.
HEALTHYPLACE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HEALTHYPLACE.COM
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
IN NO EVENT SHALL HEALTHYPLACE.COM AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR
INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTHYPLACE.COM OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
7. INDEMNIFICATION
You agree to indemnify and hold HealthyPlace.com, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of or conduct on the
Service.
8. TERMINATION
HealthyPlace.com may terminate your access to any part or all of the
Service and any related service(s) at any time, with or without cause,
with or without notice, effective immediately, for any reason whatsoever.
HealthyPlace.com may also terminate or suspend your account for
inactivity, which is defined as failing to sign-in to the Service for an
extended period of time, as determined by HealthyPlace.com. The amount of
time that HealthyPlace.com currently considers as an "extended"
period of time may be viewed in our FAQ. Upon termination of the Service,
your right to use the Service immediately ceases.
If you wish to terminate your account, your only recourse is to
discontinue the use of the Service.
HealthyPlace.com shall have no obligation to maintain any content in
your account or to forward any unread or unsent messages to you or any
third party.
9. NO SPAM; DAMAGES
HealthyPlace.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. In addition,
because damages are often difficult to quantify, if actual damages cannot
be reasonably calculated then you agree to pay HealthyPlace.com liquidated
damages of $5 for each piece of spam or unsolicited bulk email transmitted
from or otherwise connected with your account, otherwise you agree to pay
HealthyPlace.com's actual damages, to the extent such actual damages can
be reasonably calculated.
10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with Advertisers on the Service or participation in
promotions, including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and
the Advertiser or other third party. HealthyPlace.com shall not be
responsible or liable for any part of any such dealings or promotions.
11. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text,
software, music, sound, photographs, video, graphics or other material
contained in either sponsor advertisements or electronically distributed,
commercially produced information presented to you by the Service, by
HealthyPlace.com, or HealthyPlace.com's Advertisers or other content
providers, is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. You may make a copy of this content
for your personal, non-commercial use only, provided that you keep all
copyright and other proprietary notices intact. You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute in any way
content available through the Service and its associated Web sites,
including code and software.
12. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
HealthyPlace.com reserves the right to change the TOS or policies
regarding the use of the Service at any time and to notify you by posting
an updated version of the TOS on this Web site. You are responsible for
regularly reviewing the TOS. Continued use of the Service after any such
changes shall constitute your consent to such changes.
13. GENERAL
This agreement is governed by the laws of the State of Texas, and the
United States of America. Use of the Service is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and HealthyPlace.com as a result of this agreement or
use of the Service. HealthyPlace.com's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of HealthyPlace.com's right to comply with
governmental, court and law enforcement requests or requirements relating
to your use of the Service or information provided to or gathered by
HealthyPlace.com with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, 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
the agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and
HealthyPlace.com with respect to the Service (excluding the use of any
software which may be subject to an end-user license agreement) and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and HealthyPlace.com
with respect to the Service. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. You and
HealthyPlace.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. The
section titles in the TOS are solely used for the convenience of the
parties and have no legal or contractual significance.
14. LANGUAGE
It is the express will of the parties that this agreement and all
related documents have been drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are:
Copyright © 2000 HealthyPlace.com, Inc. and/or its suppliers, c/o
HealthyPlace.com, Inc., P.O. Box 780063, San Antonio, Texas 78278-0063.
All rights reserved.
TRADEMARKS. HealthyPlace.com, HealthyPlace.com Email and/or other
HealthyPlace.com products and services referenced herein are either
trademarks or registered trademarks of HealthyPlace.com. The names of
actual companies and products mentioned herein may be the trademarks of
their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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