1. ACCEPTANCE OF TERMS
By subscribing to Aardvark Web Services' Internet services,
you agree to be bound by all of the following terms
and conditions (the "Terms of Service"),
which may be updated by us from time to time with
or without notice to you. You also
agree to be bound by any other terms or policies
stated anywhere on www.theaardvark.com and/or www.aardmail.com,
which may be updated by us from time to time with
or without notice to you.
2. DESCRIPTION OF SERVICE
Aardvark Web Services provides the general public ("Users")
with Internet-based services (the "Service"),
including, without limitation, email & email-related
services, DNS, domain name registration, web site hosting,
and remote data backup. The Service you purchase may
provide you with unique email/web address(es). Users
may access, compose and manage messages and web sites
via the web. Please refer to our web site at www.theaardvark.com for
a complete list of service offerings and products.
3. REGISTRATION OBLIGATIONS
In consideration of the use of the Service, you agree
to: (a) provide true, current, accurate and complete
information as prompted by the registration form;
and (b) maintain and update this information as required
to keep it current, complete and accurate. If any
information provided by you is inaccurate, not current
or incomplete, Aardvark Web Services retains the
right to suspend or terminate your enrollment and
rights. Furthermore, you acknowledge that you are
responsible for maintaining the confidentiality of
your account and login password. You are responsible
for all uses of your account, whether or not actually
or expressly authorized by you.
4. MEMBER CONDUCT
You may be either an individual or a corporation or
business entity, but you agree not to resell the
use of the Service, in whole or in part. You
agree to be solely responsible for the content of
your transmissions through the Service. You
acknowledge that Aardvark Web Services simply acts
as a passive conduit for the distribution and transmission
of data. Your use of the Service is subject
to all applicable local, state, national and international
laws and regulations. Furthermore, you agree
to abide by all rules and regulations described in
the Policy section of Aardvark Web Services' web
site, and you recognize that violation of any such
rules and regulations can be cause for termination
of your account at the discretion of Aardvark Web
Services without notice to you and with forfeit of
any and all fees. You agree not to:
- Use the Service in
connection with chain letters, junk email,
spamming or any duplicative or unsolicited
messages.
- 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
login password mining or any other means.
- Interfere with another member's use and enjoyment
of the Service or another entity's use and
enjoyment of similar services.
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5. GENERAL PRACTICES REGARDING USAGE AND
STORAGE
You acknowledge that Aardvark Web Services may establish
general practices and limits concerning use of the
Service, including, without limitation, the maximum
number of messages that may be sent from or received
by an account on the Service, the maximum disk space
that will be allotted on Aardvark Web Services' servers
on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the
Service, in a given period of time. You agree
that Aardvark Web Services has no responsibility or
liability for the deletion or failure to store any
messages, web sites, data, and other communications
maintained or transmitted by the Service. You
acknowledge that Aardvark Web Services reserves the
right to log off accounts that are inactive for an
extended period of time. You further acknowledge that
Aardvark Web Services reserves the right to change
these general practices and limits at any time, in
our sole discretion, with or without notice to you.
We reserve the right to refuse service to anyone for
any reason, with or without cause.
6. FORCE MAJEURE
Aardvark Web Services is excused from any
failure or delay in performance of responsibilities
otherwise imposed by these Terms and Conditions for
any cause beyond its reasonable control. Such
causes include, without limitation, fires, floods,
storms, earthquakes, civil disturbances, disruption
of telecommunications, transportation, utilities or
necessary supplies, governmental action, computer viruses,
hardware/software failures and incompatible or defective
equipment, software or services not supplied by Aardvark
Web Services. Nothing herein enlarges any warranty
or diminishes any disclaimer provided in Section 7
("Warranties").
7. WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. AARDVARK
WEB SERVICES 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. AARDVARK
WEB SERVICES MAKES NO WARRANTY THAT THE SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES AARDVARK WEB SERVICES 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 COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY
OF ANY TRANSLATION OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. AARDVARK
WEB SERVICES MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
AARDVARK WEB SERVICES ASSUMES NO RESPONSIBILITY FOR
THE DELETION OR FAILURE TO STORE MESSAGES, WEB SITES,
OR ANY USER DATA. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM AARDVARK WEB
SERVICES OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL AARDVARK WEB SERVICES OR ITS SUPPLIERS
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 THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, OR RESULTING FROM ANY DATA THAT MAY BE TRANSMITTED
BY OUR SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE
LOSSES, EVEN IF AARDVARK WEB SERVICES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
9. INDEMNIFICATION
You agree to indemnify and hold Aardvark Web Services,
its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim, demand or damage,
including, but not limited to reasonable attorneys'
fees, made by you or any third party due to or arising
out of your use of, or lack of use of, or conduct
on the Service or any other customer's use of or
conduct on the Service. As an Aardvark Web Services
customer you waive any and all past, current and
future legal rights against Aardvark Web Services. This
waiver of rights will continue even if you cancel
your subscription, your account is terminated, or
the Service is canceled, terminated, sold, or otherwise discontinued.
10. TERMINATION
Aardvark Web Services may terminate the Service with
or without cause at any time. By way of example,
and not as a limitation, Aardvark Web Services may
terminate your account for unacceptable content,
if Aardvark Web Services believes you have violated
the letter or spirit of the Terms of Service, or
if Aardvark Web Services decides, in its sole discretion,
to discontinue offering the Service. Upon
termination of the Service, your right to use the
Service immediately ceases. Aardvark Web Services
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. You agree
that any termination of your access to the Service
may be effected without prior notice. You agree that
if your account is terminated due to any violation
of these Terms of Service by you or on your behalf
that you immediately forfeit any fees you may have
paid for the Service. You agree that
if the Service is canceled, terminated, sold, or othewise discontinued for any reason, that you immediately forfeit any fees you may have
paid for the Service.
11. PROPRIETARY RIGHTS
You acknowledge that content, including, but not limited
to text, software, music, sounds, photographs, videos,
graphics or other material contained in information
presented to you through the Service may be protected
by copyrights, trademarks, service marks, patents
or other proprietary rights and laws.
12. GENERAL TERMS
These Terms of Service will be governed by and construed
in accordance with the laws of the State of Texas,
without giving effect to its conflict of laws or
provisions of your actual state or country of residence. Both
you and Aardvark Web Services submit to personal
jurisdiction in Texas. If any provision of
the Terms of Service is held to be invalid or unenforceable,
such provision shall be struck and the remaining
provisions shall be enforced. Aardvark Web Services'
failure to act with respect to a breach by you or
others does not waive our right to act with respect
to subsequent or similar breaches. The section
titles in the Terms of Service are for convenience
only and have no legal or contractual effect.
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