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THE FOLLOWING ARE THE TERMS AND CONDITIONS FOR USE OF
THIS SCIKIDS MAIL SERVICE (THE "SERVICE"). PLEASE READ THEM CAREFULLY.
THIS SERVICE IS PROVIDED ONLY TO INDIVIDUALS WHO ARE 13 YEARS OR OLDER
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BY CLICKING THE "YES (Yes! I agree)" BUTTON AND COMPLETING THE REGISTRATION
PROCESS, YOU ("USER") ARE STATING THAT YOU ARE ELIGIBLE FOR A SCIKIDS
MAIL ACCOUNT AND THAT YOU AGREE TO BE BOUND BY THE SCIKIDS MAIL TERMS OF SERVICE ("TOS").
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open a Scikids Mail account, you must complete the
registration process by choosing a username and password and
providing us with current and accurate information as prompted
by the Registration Form.
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. Scikids
Mail may access your account, including its contents to conform to legal
requirements or comply with legal process or to respond to service or technical
issues.
2. MEMBER PRIVACY
It is Scikids Mail's policy to respect the privacy of
its members. Scikids Mail will not monitor, edit, or disclose any personal
information about you or your Scikids Mail account, including its contents,
without your prior permission unless Scikids Mail 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 Scikids Mail; (3) enforce the TOS; or (4) act to protect the interests
of its members or others. Scikids Mail 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 Scikids Mail account. You agree that Scikids Mail may access
your account, including its contents, as stated above or to respond to
service or technical issues. For more information, please check our "Privacy
Statement".
3. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
Scikids Mail reserves the right to change the TOS 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 Scikids Mail
site. Continued use of the Service after any such change shall constitute
your consent to such changes.
4. EMAIL STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of storage space per member is currently limited
to 2 MB, and some messages may not be processed due to space constraints
or outbound message limitations. You agree that Scikids Mail is not responsible
or liable for the deletion or failure to store email messages.
5. MEMBER CONDUCT
Scikids does not, and cannot monitor, censor or edit
the contents of your email messages. You alone 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:
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Use the Service in connection with chain letters, junk email,
spamming or any duplicative or unsolicited messages.
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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.
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Transmit through the Service unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind of nature or that encourages conduct that could constitue
a criminal offense, give rise to civil liabilty or otherwise violate any
applicable local, state, national or international law or regulation.
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Transmit any material that contains viruses, trojan horses,
worms, time bombs, cancelbots, or any other harmful or deleterious programs.
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Violate any U.S. law regarding the transmission of technical
data or software exported from the United States through the Service or
transmit any material that may infringe the intellectual property rights
or other rights of third parties, including trademark, copyright or right
of publicity.
6. DISCLAIMER OF WARRANTIES
Scikids Mail provides electronic mail service, including
information and links to content from third parties. Scikids Mail does
not control in any respect any information, products or services offered
by these third parties. The materials available through Scikids Mail 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, Scikids Mail 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. Scikids Mail 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.
Scikids Mail 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.
7. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under
no circumstances, including, but not limited to, negligence, shall Scikids
Mail 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 wih third parties, advertisers
through the Service. You specifically agree that Scikids Mail 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 Scikids Mail's terms and conditions, your sole and exclusive
remedy is to discontinue using Scikids Mail.
8. INDEMNIFICATION
You agree to indemnify and hold Scikids Mail, 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.
9. TERMINATION
Scikids Mail may terminate the Service with or without
cause at any time and effective immediately. In addition, Scikids Mail,
in its sole discretion, may terminate your account for violation of the
letter or spirit of the TOS. In addition, Scikids Mail may terminate your
account for inactivity, which is defined as failing to log into the Service
for 180 days since your last log-on. Upon termination of the Service,
your right to use the Service immediately ceases. Scikids Mail 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.
10. LAWS
The TOS shall be governed by and construed in accordance
with the laws of the state of California and the United States of America,
excluding their conflict of law provisions.
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