MAKELIST / FINDMAIL

Disclaimer and Terms of Service

The MakeList service (the "Service") is provided to you ("User") by FindMail Inc. under the terms and conditions of this Disclaimer and Terms of Service Agreement (DTOSA) and any amendments thereto and any operating rules or policies that may be published from time to time by FindMail.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "CREATE LIST" BUTTON (OR THE "I AGREE" BUTTON IF APPLICABLE), YOU ARE AGREEING TO BE BOUND BY THE DTOSA.

FindMail's MakeList service is intended for consumers and organizations to operate a Mailing List. Any misuse will cause the termination of the service. Mailing Lists that are not maintained, viewed or active may be removed without notice.

FindMail is not responsible for the delivery of any goods or services sold or advertised through its sponsors or Mailing Lists. Furthermore, FindMail is not responsible for the content of messages distributed through Mailing Lists. The opinions and views expressed in the Mailing Lists do not reflect those of FindMail. The contents of Mailing Lists are based on data submitted by individual users and are not reviewed in any way before they appear on Mailing Lists.

DESCRIPTION OF SERVICE

FindMail is providing User with a capability to send e-mails to multiple recipients via the MakeList mailing list system. In addition, FindMail is providing User with the capability to create and manage mailing lists. All e-mail messages sent through the MakeList mailing list system are archived. Archives may be private or public. If an archive is intended to be private, it is the responsibility of the list manager to use the list system properly to make sure that such privacy is achieved. This includes the determination of appropriate list policies and the secure management of passwords and other access capabilities. FindMail cannot guarantee 100% security, but it will make best effort to keep private archives protected. FindMail should not be used for private communities that require high degrees of confidentiality or privacy. In no case shall FindMail be held liable for any disclosure or release of information through its services.

CONTENT GUIDELINES

These content guidelines are designed to promote the free flowing exchange of ideas about your interests, and activities and at the same time maintain standards consistent with the Internet community and the societies of the world at large.

We reserve the right to remove any Mailing List from the system which is brought to our attention and which we find, in our sole discretion, violates these page content guidelines, or otherwise is in violation of the law. FindMail does not actively monitor the content of Mailing Lists, but will investigate complaints of violation of these guidelines.

User agrees to refrain from using the Service for the following activities:

- Displaying material containing nudity or pornographic material of any kind; - Providing material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity; - Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual; - Defaming any person or group; - Displaying material that exploits children under 18 years of age; - Violating the rights of another, including but not limited to the intellectual property rights of another. - Using the Service for acts of copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation); - Violating Internet standards; - Using the service for other illegal activities - Displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material - Invading other's privacy. - Interfering with or disrupting the Service or servers or networks connected to the Service - Transmitting "junk mail", "spam", "chain letters" or unsolicited mass distribution of e-mail. - Distributing content that consist of hyperlinks to content not allowed in FindMail;

FindMail also reserves the right, instead of following the above stated guidelines, to delete all files and remove any Mailing List at any time without any warning for any reason or no reason.

DATA

FindMail is not responsible for any loss of data resulting from our deletion of Mailing Lists, network or system outages, file corruption or any other reasons.

REGISTRATION OBLIGATIONS

User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, FindMail has the right to terminate User's account and refuse any and all current or future use of the Service.

NO RESALE OF SERVICE

User agrees not to resell the Service or use of or access to the Service.

OTHER RESPONSIBILITIES

Users are solely responsible for everything contained in their own Mailing Lists. FindMail does not verify, endorse or otherwise vouch for the contents of any Mailing Lists. Users can be held legally liable for the contents of their Individual Mailing Lists, and may be held legally accountable if their Mailing Lists include, for example, material protected by copyright, trademark, patent or trade secret law without the permission of the author or owner or defamatory comments.

User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service.

INDEMNIFICATION

The user agrees to indemnify and hold harmless FindMail and its affiliates, officers, and employees for any loss, liability, claim, demand, damage, and expenses (including reasonable attorneys' fees) arising from or in connection with the contents or use of the Service.

OTHER FINDMAIL RIGHTS

FindMail also reserves the following rights:

- To release current or past user information in the event FindMail believes that accounts are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed and/or if FindMail deems it necessary and/or appropriate; - To deny service to offenders of these guidelines or the DTOSA; - To terminate or deny service to anyone for any reason or no reason.

MODIFICATIONS TO TERMS OF SERVICE

FindMail may change the DTOSA at any time without notice.

MODIFICATIONS TO SERVICE

FindMail reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that FindMail shall not be liable to User or any third-party for any modification or discontinuance of the Service.

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 FindMail may immediately delete data and files in User's account and bar any further access to such files or the Service.

USER ACCOUNT, PASSWORD AND SECURITY

User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to immediately notify the Service of any unauthorized use of User's password or account or any other breach of security.

USER'S PROPRIETARY RIGHTS

User retains a copyright and trademark in material on which it holds a pre-existing copyright or trademark.

FINDMAIL'S PROPRIETARY RIGHTS

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that FindMail can display images and text throughout the Service. This includes the insertion of sponsor messages into messages distributed on hosted lists.

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.

FINDMAIL 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.

FINDMAIL MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FINDMAIL 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.

FINDMAIL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM MAILING LISTS OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH LISTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM FINDMAIL OR THROUGH OR FROM THE USERS' SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

USER AGREES THAT FINDMAIL 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 PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM 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 FINDMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT FINDMAIL SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

GENERAL

The DTOSA and the relationship between User and FindMail shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and FindMail agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California.

The failure of FindMail to exercise or enforce any right or provision of the DTOSA shall not constitute a waiver of such right or provision. If any provision of the DTOSA 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 DTOSA 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 DTOSA must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the DTOSA are for convenience only and have no legal or contractual effect.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.

We appreciate your interest and support and we welcome you to our community.

(Owner) Mailing List Arema-l : arema-l-owner@makelist.com
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Archives : http://www.findmail.com/list/arema-l

© 1998

Mr. @rema Net
http://arema.cjb.net
E-mail : arema@bayside.net