Updated May 7, 2004 Welcome to Applied Mail Services, LLC™. By using the Applied Mail web site, whether browsing pages, checking or sending email, clicking on third-party links, searching the web, or utilizing or signing up for any offerings (the "Service") you ("User") agree to be bound by this Terms of Use Agreement ("Agreement"). User agrees that Applied Mail has, by making the Service available to User, provided fair and equitable consideration for entering into this Agreement. This Agreement sets out the legally binding terms of your use of the Service and may be modified by Applied Mail from time to time, with such modifications effective upon posting on the Service by Applied Mail, with such posting accessible via a hyperlink at the bottom of the page. This Agreement is also, in part, Applied Mail's Acceptable Use Policy, governing your use of the Service, including any and all communications you have with others, and any and all Content ("Content", meaning information, writings, images, text, photo's, profiles, and/or selections of multiple-choice boxes and lists) you publish (hereinafter "post" or "posting") on the Service. You may also receive a copy of this Agreement by contacting us at the address located at the bottom of this Agreement and requesting our "Terms of Use Agreement". 1. No Email Advertising ("Spam"); Damages The sending of unsolicited e-mail ("spam", "spammer", or "spamming") is STRICTLY prohibited. Applied Mail and/or its' partners will be the sole arbiter as to what constitutes a violation of this provision. Applied Mail and/or its' partners will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited email. In addition, because damages are often difficult to quantify, User agrees to pay the greater of either (a) liquidated damages of $5.00 (US Currency) for each piece of spam or unsolicited email transmitted from or otherwise connected with User's account, or, (b) the actual damages, to the extent such actual damages can be reasonably calculated. As part of our ongoing efforts to battle spammers, any email account you open with us may have an initial limitation of a maximum 200 sent emails per day; which can be modified by sending a request to the address located at the bottom of this Agreement. There are no limitations on the amount of email you can receive (other than the size of your mailbox, of course), and we highly recommend utilizing any of a number of anti-spam programs and utilities. Lastly, if you or anyone else using an account which you are connected with are in any way damaged by spam, or by any spammer, in any way, either financially, psychologically, physically, or otherwise, you agree to indemnify Applied Mail and its' partners (which specifically includes service providers), as well as all officers, directors, employees, and agents, and hold them harmless from any such damage(s). 2. Representations and Warranties As a User of the Service, you understand, represent, warrant, and agree that; You are over 18 years of age, or, alternatively, you have the permission or your parents or legal guardian to participate in the Service. You are solely responsible for any and all Content that you post on the Service and/or transmit (via email or other means). You will not use or operate any IRC (internet relay chat) or IRC bots on the Service. You will not employ proxies, bots, spiders, or other devices in an effort to generate fraudulent revenue. Each and every one of your postings, and any communications you have with others, is entirely voluntary; you can terminate your account and/or stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for your interactions with others. Applied Mail and its' partners do not moderate the Service nor maintain an active censorship program, but may, either directly or via our authorized representatives, review, suspend, and/or delete your account(s) which in our sole judgment violates the terms or spirit of this Agreement. You will abide by standards of conduct and decency which are in line with the general online community, as well as all local and federal laws. Violation of this, in Applied Mail's sole and absolute discretion, may result in Applied Mail taking appropriate action against you, including, without limitation, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content to any public area that: is profane or offensive, as determined by normal standards of the online community; is in any way illegal or unlawful for you to personally post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; provides access to an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files; displays pornographic or sexually explicit material of any kind; provides instructional information about activities such as making or buying weapons, violating someone's privacy, or creating or distributing computer viruses; solicits passwords or personally identifying information for any purpose from others; is an adult soliciting a relationship with a minor; constitutes, or could be construed as, harmful matter or indecent communications to minors; constitutes, or could be construed as, child pornography or the abuse of children; constitutes, or could be construed, as being abusive to women; constitutes, or could be construed, as being abusive to animals; entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle; is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity; constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights; and, in any program, file, data stream or other material contains viruses, worms, "Trojan horses" or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity. As the provider of the Service, Applied Mail represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order and available to the majority of people on the world wide web. 3. Email Trash Folder You understand and agree that Applied Mail and/or its' partners may empty email "trash" and "spam" folders at their sole and absolute discretion (generally every night). By placing emails into the trash folder you are indicating your desire to permanently delete such email. If you do not want to permanently delete an email, you agree that you will either leave it in the inbox or place it in another folder of your creation; as anything in the trash folder will be automatically deleted from the system. 4. Billing Cycle for Services Email accounts are billed on a non-refundable annual basis. Accounts may be canceled at any time, and thus will not be billed in the following annual cycle (accounts are charged on the first of the month of the anniversary of initial sign-up); but no pro-rata refunds will be given. 5. Proprietary Rights in Applied Mail Content on the Service Applied Mail owns and retains all proprietary rights in the Service and Content it provides thereon, as well as all programming code, user-interface designs, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary information of Applied Mail partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. 6. Copyright Policy You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Applied Mail's Copyright Agent for notice of claims of copyright infringement can be reached as follows: General Counsel, Incipience, Inc., P.O. Box 16460 Golden, CO 80402. 7. Privacy Use of the Service is also governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. 8. Links to Third-Party Web Sites The Service contains links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Applied Mail nor its' partners and User explicitly agrees that Applied Mail and its' partners are not responsible for the content on any Linked Site; including, without limitation, any link contained in a Linked Site, nor any changes or updates to a Linked Site, nor if the Linked Site is not working appropriately. Applied Mail is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by Applied Mail of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Furthermore, any activity or dealings with third parties (including advertisers) linked to from the Service, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party (or advertiser, as the case may be); Applied Mail and it's partners shall not be responsible nor liable for any part of any such activity or dealings. 9. Disclaimers Applied Mail AND ITS' PARTNERS ARE not responsible for any USER CONTENT, NOR FOR ANY incorrect or inaccurate Content, posted on the Service, or in connection with the Service, whether caused by User, other users, APPLIED MAIL OR ITS' PARTNERS, officers, agents, partners and employees, or by any of the equipment or programming associated with or utilized in the Service. Applied Mail AND ITS' PARTNERS ARE not responsible for the conduct, whether online or offline, of any user of the Service. Applied Mail assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, SERVICE, CONTENT, OR User communications. Applied Mail AND ITS' PARTNERS ARE not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will Applied Mail OR ITS' PARTNERS ARE be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Service or transmitted to or from User, or any interactions between User and others, whether online or offline. THE SERVICE IS PROVIDED "AS-IS" AND, EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE, APPLIED MAIL AND ITS' PARTNERS DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER APPLIED MAIL NOR ITS' PARTNERS MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, APPLIED MAIL AND ITS' PARTNERS ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE. 10. Liability Limitations IN NO EVENT SHALL APPLIED MAIL OR ITS' PARTNERS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF APPLIED MAIL OR ITS' PARTNERS AND/OR THEIR USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF APPLIED MAIL AND/OR ITS' PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT APPLIED MAIL AND ITS' PARTNERS' LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USER TO APPLIED MAIL OR ITS' PARTNERS FOR THE SERVICE DURING THE TERM OF USER'S USE OR SUBSCRIPTION (IF ANY). 11. Term This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. Applied Mail may terminate your account(s) (if any) at any time and without reason, with no notice required. If Applied Mail terminates your account(s) in the Service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 5, 6, 7, 8, and 9 of this Agreement. 12. Disputes If there are any disputes between you and Applied Mail and/or any of our partners, subsidiaries, affiliates, officers, agents, directors, and/or employees, you agree that the dispute will be governed by the laws of the State of New York, USA without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York. 13. Indemnity You agree to indemnify and hold Applied Mail, its partners, subsidiaries, affiliates, officers, agents, directors, and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Furthermore, each of Applied Mail and User shall defend, indemnify, and hold harmless the other, and its partners, directors, officers, employees, and other agents, from and against any loss, liability, damage, award, claim, cost and expense (including, but not limited to, reasonable attorney's fees and expenses) arising out of or incurred in connection with any warranty or representation made pursuant to this Agreement by Applied Mail, User, other users, or any use of the Service by User or other users. 14. Entire Agreement and Force Majeure This Agreement, accepted upon use of the Service, contains the entire agreement between User and Applied Mail regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances beyond its reasonable control, including but not limited to, acts of God, war, riot, embargo, acts of civil or military authorities, fire, flood, earthquake or other natural forces, accident, strike, or shortage of fuel or energy. 15. Notices Any notices to Applied Mail are to be sent to P.O. Box 17409 Denver, CO 80217. 16. Language It is expressly agreed that it is the will of both Applied Mail and User that this Agreement, as well as the Privacy Policy, and all other related documents and agreements (e.g. the search affiliate agreement) have been drawn up in English. Please Contact us with any questions regarding this agreement. Applied Mail Services, LLC, P.O. Box 17409 Denver, CO 80217 FAQs  |   Features & Options  |   Partners  |   Request Info  |   About Us  |   Contact Us  |   AMS  |   Site Map   |  Privacy   |  Terms © 2004 Applied Mail Services. All Rights Reserved.