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The
following are the terms and conditions for use of the free email service provided by
jerseycityi.com (hereafter 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 a jerseycityi.com account.
By clicking the "I accept" button and completing the registration process, you are stating that you are eligible for a jerseycityi.com account and that you agree to be bound by all of the terms and conditions of the jerseycityi.com free email terms of service found in this document.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open a jerseycityi.com 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 jerseycityi.com immediately of any
unauthorized use of your account or any other breach
of security.
2. MEMBER PRIVACY
It is jerseycityi.com's policy to respect the privacy of
its members. jerseycityi.com will not monitor, edit, or
disclose any personal information about you or your
jerseycityi.com account, including its contents, without
your prior permission unless jerseycityi.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 jerseycityi.com;
(3) enforce the Terms of Service; or (4) act to protect
the interests of its members or others. jerseycityi.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 jerseycityi.com account.
For more information, see the
jerseycityi.com Privacy Statement.
You agree that jerseycityi.com may access your account,
including its contents, as stated above or to respond
to service or technical issues.
3. EMAIL STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of storage space per member is currently
limited to 2MB, and some messages may not be processed
due to space constraints or outbound message limitations.
You agree that jerseycityi.com is not responsible or liable
for the deletion or failure to store email messages.
4. MEMBER CONDUCT
The Service is provided to individuals only. Any unauthorized
commercial use of the Service, or the resale of its
services, is expressly prohibited.
Your 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 chain letters, junk
email, spamming or any duplicative or unsolicited
messages (commercial or otherwise);
- harvest
or otherwise collect information about others, including
email addresses, without their consent;
- create
a false identity or forged email address or header,
or otherwise attempt to mislead others as to the identity
of the sender or the origin of the message;
- transmit
through the Service unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature;
- transmit
any material that may infringe the intellectual property
rights or other rights of third parties, including
trademark, copyright or right of publicity;
- transmit
any material that contains viruses, trojan horses,
worms, time bombs, cancelbots, or any other harmful
or deleterious programs;
- violate
any U.S. law regarding the transmission of technical
data or software exported from the United States through
the Service;
- 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; or
- interfere
with another member's use and enjoyment of the Service
or another entity's use and enjoyment of similar services.
5. DISCLAIMER OF WARRANTIES
jerseycityi.com provides electronic mail service, including
information and links to content from third parties.
jerseycityi.com does not control in any respect any information,
products or services offered by these third parties.
The materials available through jerseycityi.com and any
third party are provided "as is" and "as
available" and without warranties or conditions
of any kind either express or implied. To the fullest
extent permitted by applicable law, jerseycityi.com expressly
disclaims all warranties and conditions, express or
implied, including, but not limited to, implied warranties
and conditions of merchantability, merchantable quality,
correspondence to description and fitness for a particular
purpose. jerseycityi.com does not represent or warrant
that the Service materials will be uninterrupted or
error-free, that defects will be corrected, or that
this site or the server that makes it available, are
free of viruses or other harmful components. jerseycityi.com
does not warrant or represent that the use or the results
of the use of the materials available through the Service
or from third parties will be correct, accurate, timely,
reliable or otherwise.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under
no circumstances, including, but not limited to, negligence,
shall jerseycityi.com be liable for any direct, indirect,
incidental, special or consequential damages that result
from the use of or the inability to use the Service,
any changes to the Service, 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 jerseycityi.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. If you are dissatisfied
with the Service, the materials available on or through
the Service, or with any of jerseycityi.com's terms and
conditions, your sole and exclusive remedy is to discontinue
using jerseycityi.com.
Limitation or exclusion of warranties, conditions, and/or liability for some types of damages may not be permitted in some jurisdictions, in which case some or all of sections 5 and 6 may not apply to you. If permitted by law, jerseycityi.com's liability is limited to resupplying the service.
7. INDEMNIFICATION
You agree to indemnify and hold jerseycityi.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
jerseycityi.com may terminate the Service with or without
cause at any time and effective immediately. In addition,
hobokeni.com, in its sole discretion, may terminate
your account for violation of the letter or spirit of
the Terms of Service.
If you wish to terminate your account, your only recourse
is to discontinue use of the account. In addition, jerseycityi.com
may terminate your account for inactivity, which is
defined as failing to log into the Service for an extended
period of time, as determined by jerseycityi.com. The amount
of time that jerseycityi.com currently views as an "extended"
period of time is a first log-on 10 days or later after
registration and after an initial log-on, 120 days since
your last log-on. Upon termination of the Service, your
right to use the Service immediately ceases. jerseycityi.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
jerseycityi.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, you agree to pay jerseycityi.com liquidated
damages of $5 for each piece of spam or unsolicited
bulk email transmitted from or otherwise connected with
your jerseycityi.com account, or hobokeni.com's actual
damages, whichever is greater.
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. jerseycityi.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 email-distributed, commercially produced
information presented to you by the Service, by jerseycityi.com,
or jerseycityi.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, including
code and software.
12. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
jerseycityi.com reserves the right to change the Terms
of Service or policies regarding the use of the Service
at any time and to notify you by posting an updated
version of the Terms Of Service on the jerseycityi.com
site.
13. LAWS
The Terms of Service shall be governed by and construed
in accordance with the laws of the state of New Jersey
and the United States of America, excluding their conflict
of law provisions.
You and jerseycityi.com agree to submit to the exclusive
jurisdiction of the courts located in the county of
Hudson in the state of New Jersey. If any provision(s)
of the Terms of Service is held by a court of competent
jurisdiction to be contrary to law, 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.
jerseycityi.com's failure to exercise or enforce any right
or provision of the Terms of Service shall not constitute
a waiver of such right or provision unless acknowledged
and agreed to by jerseycityi.com in writing.
You and jerseycityi.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 Terms of Service 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.
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