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| menichetti.org Terms and Conditions | |||
Welcome to menichetti.org Before you register for your menichetti.org account, you must read and agree to these Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
1. Description of Service. menichetti.org email addresses are free, donations are greatly appreciated, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. menichetti.org disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. menichetti.org also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Personal Use. The Service is made available to you
for your personal use only. Due to the Children's Online Privacy Protection
Act of 1998 (which
is available
at http://www.ftc.gov/ogc/coppa1.htm),
you must be at least thirteen (13) years of age to use this Service. You
must provide current, accurate identification,
contact, and other information that may be required as part of the registration
process and/or continued use of the Service. You are responsible for maintaining
the confidentiality of your Service, and are responsible
for all activities that occur thereunder. menichetti.org reserves the right
to refuse service to anyone at any time without notice for any reason.
3. Proper Use. You agree that you are responsible for
your own communications and for any consequences thereof. Your use of the
Service
is subject to your
acceptance of and compliance with the Agreement,
or such other agreement as menichetti.org may provide from time to time.
You agree that you will use the Service in compliance with all applicable
local,
state,
national, and international laws, rules and regulations, including any
laws regarding the transmission of technical data exported from your country
of
residence. You shall not, shall not agree to, and shall not authorize or
encourage any third party to: (i) use the Service to upload, transmit or
otherwise distribute any content that is unlawful, defamatory, harassing,
abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable
as reasonably determined by menichetti.org; (ii) upload, transmit or otherwise
distribute content that infringes upon another party's intellectual property
rights
or other proprietary, contractual or fiduciary rights or obligations; (iii)
prevent others from using the Service; (iv) use the Service for any fraudulent
or inappropriate purpose; or (v) act in any way that violates the Program
Policies, as may be revised from time to time. Violation of any of the
foregoing may result in immediate termination of this Agreement, and may
subject you
to state and federal penalties and other legal consequences. menichetti.org
reserves the right, but shall have no obligation, to investigate your use
of the
Service in order to determine whether a violation of the Agreement has
occurred or
to comply with any applicable law, regulation, legal process or governmental
request.
4. Content of the Service. menichetti.org takes no responsibility
for third party content (including, without limitation, any viruses or
other
disabling
features),
nor does menichetti.org have any obligation to monitor such third party
content. menichetti.org reserves the right at all times to remove or refuse
to distribute
any content on the Service, such as content which violates the terms of
this Agreement. menichetti.org also reserves the right to access, read,
preserve, and
disclose any information as it reasonably believes is necessary to (a)
satisfy any applicable law, regulation, legal process or governmental
request, (b)
enforce this Agreement, including investigation of potential violations
hereof, (c) detect, prevent, or otherwise address fraud, security or
technical issues
(including, without limitation, the filtering of spam), (d) respond to
user support requests, or (e) protect the rights, property or safety
of menichetti.org,
its users and the public. menichetti.org will not be responsible or liable
for the exercise or non- exercise of its rights under this Agreement.
5. Intellectual Property Rights. menichetti.org's Intellectual
Property Rights. You acknowledge that menichetti.org owns all right, title
and interest in and to
the Service, including
without limitation all intellectual property rights (the "menichetti.org Rights"),
and such menichetti.org Rights are protected by U.S. and international
intellectual property laws. Accordingly, you agree that you will not copy,
reproduce,
alter, modify, or create derivative works from the Service. You also agree
that you will not use any robot, spider, other automated device, or manual
process to monitor or copy any content from the Service. The menichetti.org
Rights include rights to (i) the Service developed and provided by menichetti.org;
and
(ii) all software associated with the Service. The menichetti.org Rights
do not include
third-party content used as part of Service, including the content of communications
appearing on the Service.
Your Intellectual Property Rights. menichetti.org does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your menichetti.org account. We will not use any of your content for any purpose except to provide you with the Service.
6. Representations and Warranties. You represent and warrant
that (a) all of the information provided by you to menichetti.org to participate
in the Services
is correct
and current; and (b) you have all necessary right, power and authority
to enter into this Agreement and to perform the acts required of you
hereunder.
7. Privacy. As a condition to using the Service, you agree
to the terms of the menichetti.org Privacy Policy as it may be updated
from time to time. menichetti.org
understands
that privacy is important to you. You do, however, agree that menichetti.org
may monitor, edit or disclose your personal information, including the
content
of your emails, if required to do so in order to comply with any valid
legal process or governmental request (such as a search warrant, subpoena,
statute,
or court order), or as otherwise provided in these Terms of Use and the
menichetti.org Privacy Policy. Personal information collected by menichetti.org
may be stored and
processed in the United States or any other country in which menichetti.org
or its agents maintain facilities. By using menichetti.org email, you consent
to any such transfer of information outside of your country.
8. Account
Inactivity. After
a period of inactivity, menichetti.org reserves the right to disable or
terminate a user's account. If an account has been deactivated
for inactivity, the email address associated with that account may be given
to another user without notice to you or such other party.
9. Publicity. Any use of menichetti.org
trade names, trademarks, service marks, logos, domain names, and other
distinctive brand features
("Brand Features")
must be in compliance with this Agreement and in compliance with menichetti.org
then current Brand Feature use guidelines.
10. Termination; Cancellation. You may cancel your use
of the Services and/or terminate this Agreement with or without cause at
any time by providing
notice to menichetti.org; provided, however, that
a terminated account may continue to exist for up to 90 business days
before such cancellation takes effect. menichetti.org may at any time
and for any reason
terminate the Services, terminate this Agreement, or suspend or terminate
your account. In the event of termination, your account will be disabled
and you may not be granted access to your account or any files or other
content contained in your account although residual copies of information
may remain
in our system. Except as set forth above or unless menichetti.org has previously
canceled or terminated your use of the Services (in which case subsequent
notice by menichetti.org shall not be required), if you have provided an
alternate email address, menichetti.org may or may not notify you via email
of any such termination or cancellation, which shall be effective immediately
upon menichetti.org delivery
of such notice. Sections 3, 4, 5, 7, and 10 - 12 of the Agreement, along
with applicable provisions of the general Terms of Service (including the
section regarding limitation of liability), shall survive expiration or termination.
11. Indemnification. You agree to hold harmless and indemnify
menichetti.org, and its subsidiaries, affiliates, officers, agents, and
employees from and
against
any third party
claim arising from or in any way related to your use of the Service, including
any liability or expense arising from all claims, losses, damages (actual
and consequential), suits, judgments, litigation costs and attorneys' fees,
of every kind and nature. In such a case, menichetti.org will provide you
with written notice of such claim, suit or action.
12. Choice of Law; Jurisdiction. These
Terms of Use will be governed by and construed in accordance with the laws
of the State of California, without
giving effect
to its conflict of laws provisions or your actual state or country of residence.
Any claims, legal proceeding or litigation arising in connection with the
Service will be brought solely in Los Angeles County, California, and you
consent to the jurisdiction of such courts.
v. 000001
Copyright ©2005
Michael J. Menichetti |