FOLMSBEE.COM TERMS OF SERVICE
By using FOLMSBEE.COM Mail you agree to the following
Terms of Service. Please read them carefully.
Summary of Terms of Service
A. You agree to provide true and correct
information about yourself in the FOLMSBEE.COM Mail Terms
of Service registration form.
B. You agree not to use the service for
illegal purposes or for the transmission of material
that is unlawful, harassing, libelous, invasive of
another's privacy, abusive, threatening, harmful, vulgar,
obscene, tortious, or otherwise objectionable, or that
infringes or may infringe the intellectual property
or other rights of another.
C. You agree not to use the service for
the transmission of "junk mail", "spam", "chain letters",
or unsolicited mass distribution of email.
D. You agree that FOLMSBEE.COM, and their
designees may in their sole discretion terminate your
account if they believe you have in any way violated
the Terms of Service.
E. Please report any violations of the
Terms of Service to webmaster@folmsbee.com.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The FOLMSBEE.COM Mail service (the "Service"), owned
by FOLMSBEE.COM and operated on FOLMSBEE.COM's behalf by FOLMSBEE.COM,
is provided to you ("User") under the terms and conditions
of this FOLMSBEE.COM Mail Terms of Service and any amendments
thereto and any operating rules or policies (the "FMTS")
that may be published from time to time by FOLMSBEE.COM
The FMTS comprises the entire agreement between User
and FOLMSBEE.COM and supersedes any prior agreements pertaining
to the subject matter contained herein. BY COMPLETING
THE REGISTRATION PROCESS AND SENDING IT TO WEBMASTER@FOLMSBEE.COM
, YOU ARE AGREEING TO BE BOUND BY THE FMTS.
II. DESCRIPTION OF SERVICE
FOLMSBEE.COM is providing User with the capability
to send and receive electronic mail via the World Wide
Web on the FOLMSBEE.COM Mail system. FOLMSBEE.COM does not charge
User for the Service, except for Enhancements User
may elect to obtain (though FOLMSBEE.COM may in the future
charge a fee for use of the Service). User must:
(a) provide for User's own access to the World Wide
Web and pay any service fees associated with such access,
and (b) provide all equipment necessary for User to
make such connection to the World Wide Web, including
a computer and modem .
III. USER'S REGISTRATION OBLIGATIONS
In consideration of use of the Service, 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,
FOLMSBEE.COM has the right to terminate User's account and
refuse any and all current or future use of the Service.
IV. USE OF REGISTRATION DATA
User agrees FOLMSBEE.COM or its designee may disclose
Registration Data to third parties about User and information
about User's use of the Service provided that such
disclosures do not include User's name, mailing address,
email address, telephone or facsimile number, or account
number, except as authorized by User or User's representative
or as required by law or legal process., or as set
forth in Paragraph VII below.
V. MODIFICATIONS TO TERMS OF SERVICE
FOLMSBEE.COM may change the FMTS from time to time.
User will be notified of any such changes by a startup
screen describing the changes. By clicking on the
"I Accept" button that follows the posted changes User
agrees to be bound by the modifications to the FMTS.
If User does not click the "I Accept" button, User's
account will be terminated.
VI. MODIFICATIONS TO SERVICE
FOLMSBEE.COM reserves the right to modify or discontinue,
temporarily or permanently, the Service with or without
notice to User. User agrees that FOLMSBEE.COM
shall not be liable to User or any third-party for
any modification or discontinuance of the Service.
VII. FOLMSBEE MAIL PRIVACY POLICY
FOLMSBEE.COM considers email transmitted via the
Service to be the private correspondence between the
sender and recipient. FOLMSBEE.COM will not monitor, edit
or disclose the contents of a User's private communications,
except that User agrees FOLMSBEE.COM may do so:
(a) as required by law; (b) to comply with legal process;
(c) if necessary to enforce the FMTS; (d) to respond
to claims that such contents violate the rights of
third-parties; (e) to protect the rights or property
of FOLMSBEE.COM or others.
User understands and agrees that technical
processing of email communications is and may be required
(a) to send and receive messages; (b) to conform to
the technical requirements of connecting networks;
(c) to conform to the limitations of the Service; or
(d) to conform to other, similar technical requirements.
User acknowledges and agrees that FOLMSBEE.COM does
not endorse the content of any User communications
and are not responsible or liable for any unlawful,
harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, tortious, or otherwise objectionable
content, or content that infringes or may infringe
the intellectual property or other rights of another.
VIII. MEMBER 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.
IX. MEMBER CONDUCT
User agrees to abide by all applicable local,
state, national, and international laws and regulations
in User's use of the Service, and agrees not to interfere
with the use and enjoyment of the Service by other
Users. User agrees to be solely responsible for the
contents of User's transmissions through the Service.
User agrees (a) not to use the Service for
illegal purposes; (b) not to interfere with or disrupt
the Service or servers or networks connected to the
Service; (c) to comply with all requirements, procedures,
policies and regulations of networks connected to the
Service; and (d) to comply with all applicable laws
regarding the transmission of technical data exported
from the United States.
User agrees not to transmit through the Service
any unlawful, harassing, libelous, privacy invading,
abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind. User agrees not
to transmit any material that violates the rights of
another, including but not limited to the intellectual
property rights of another. User agrees not to transmit
any material that violates any applicable local, state,
national, or international law or regulation. User
agrees not to attempt to gain unauthorized access to
other computer systems or networks connected to the
Service. Finally, User agrees not to transmit "junk
mail", "spam", "chain letters", or unsolicited mass
distribution of email.
X. INDEMNITY
User agrees to indemnify and hold FOLMSBEE.COM and
and it's parents, subsidiaries, affiliates,
officers, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made
by any third party due to or arising out of User's
use of the Service, User's connection to the Service,
User's violation of the FMTS, or User's violation of
any rights of another.
XI. NO RESALE OF SERVICE
User agrees not to resell the Service or use
of or access to the Service.
XII. EMAIL STORAGE
FOLMSBEE.COM assumes no responsibility
for the deletion or failure to store email messages.
FOLMSBEE.COM may establish an upper limit on the size of
message storage it will maintain for User.
XIII. TERMINATION
User agrees that FOLMSBEE.COM or may terminate
User's password, account or use of the Service if FOLMSBEE.COM
or believes (a) that User has violated or acted
inconsistently with the letter or spirit of the FMTS,
or (b) that User has violated the rights of FOLMSBEE.COM
or other Users or parties. User further agrees
that FOLMSBEE.COM may terminate User's password,
account or use of the Service if User fails to use
the Service at least one time during a reasonable period
of time as determined by FOLMSBEE.COM from time to time which
period shall not be less than three months.
User acknowledges and agrees that any termination
of service under this Agreement under any provision
of this Agreeement may be effected without prior notice,
and acknowledges and agrees that FOLMSBEE.COM may immediately
delete email files in User's account and bar any further
access to such files or the Service.
XIV. DEALINGS WITH ADVERTISERS
User's correspondence with or participation
in promotions of advertisers found on the Service,
including payment and delivery of related goods or
services, and any other terms, conditions, warranties
or representations associated with such dealings, are
solely between User and such advertiser. User agrees
not to hold FOLMSBEE.COM liable for any loss or
damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers
on the Service.
XV. LINKS
The Service may provide, or Users may include
in email, links to other Web sites or resources. User
acknowledges and agrees that FOLMSBEE.COM is
not responsible for the availability of such external
sites or resources, and does not endorse and is not
responsible or liable for any content, advertising,
products, or other materials on or available from such
sites or resources. User agrees that FOLMSBEE.COM
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any
such content, goods or services available on such external
sites or resources.
XVI. FOLMSBEE.COM'S PROPRIETARY RIGHTS
User acknowledges and agrees that content,
including but not limited to text, software, music,
sound, photographs, graphics, video, or other material
contained in sponsor advertisements or information
presented to User through the Service or advertisers
is protected by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. User
acknowledges and agrees that User is permitted to use
this material and information only as expressly authorized
by FOLMSBEE.COM or advertisers, and may not copy, reproduce,
transmit, distribute, or create derivative works of
such content or information without express authorization.
XVII. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE
IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
FOLMSBEE.COM EXPRESSLY DISCLAIM 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.
FOLSMBEE.COM MAKES NO WARRANTY THAT THE
SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES FOLMSBEE.COM 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.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN
DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
FOLMSBEE.COM MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY USER FROM FOLMSBEE.COM OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
XVIII. LIMITATION OF LIABILITY
USER AGREES THAT FOLMSBEE.COM 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 YAHOO! OR FOUR11
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT FOLMSBEE.COM
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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY
TO YOU.
XIX. NOTICE
Any notice to User or to the Service shall
be made via either email or regular mail. The Service
may also provide notices of changes to the FMTS or
other matters by displaying notices to Users generally
on the Service.
XX. GENERAL
The FMTS and the relationship between User
and FOLMSBEE.COM shall be governed by the laws
of the State of California without regard to its conflict
of law provisions. User and FOLMSBEE.COM agree
to submit to the personal and exclusive jurisdiction
of the courts located within the state of California.
The failure of FOLMSBEE.COM to exercise
or enforce any right or provision of the FMTS shall
not constitute a waiver of such right or provision.
If any provision of the FMTS 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 FMTS 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 FMTS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the FMTS are for convenience
only and have no legal or contractual effect.