FREEPORTSCHOOLS.ORG
END-USER SERVICES AGREEMENT
This End-User Services Agreement ("Agreement")
is an agreement between you, an individual or an individual acting
on behalf of your employer, a corporation, partnership, or other
legal entity that will be using FREEPORTSCHOOLS.ORG's services
("User"), and the owner of the Web site through which
you have requested E-mail services, FreeportSchools.org, 235 North
Ocean Ave., Freeport, NY 11520 ("Company"). FreeportSchools.org's
services, as described below in Section 2 and any exhibits hereto
(the "Services"), include proprietary materials, the
use of which is subject to the terms and conditions of this Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company are provided
to User under the terms and conditions of this Agreement and any
exhibits hereto, any amendments to this Agreement and/or any exhibits,
and any operating rules or policies that may be published from
time to time by Company, all of which are hereby incorporated by
reference. This Agreement comprises the entire agreement between
User and Company and supersedes any prior agreements pertaining
to the subject matter contained herein.
2. DESCRIPTION OF SERVICES
Company is providing User with any or all of
the following services: (a) email; (b) meta-search; (c) community
services; and (d) any other services which Company may elect to
provide on behalf of Client in the future. These Services are provided
to User at the discretion of Company and Company has no obligation
to provide the Services directly to User. Company does not charge
User for the Services (though Company may do so at any time in
the future), but may charge for enhancements User may elect to
obtain (e.g., Mail Plus Total Protection).
Company also reserves the right to modify or
discontinue, temporarily or permanently, the Services with or without
notice to User. User agrees that Company, and their third party
service providers, shall not be liable to User or any third party
for any modification or discontinuance of the Services.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old
to register for the Services. In consideration of use of the Services,
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. If any information provided by User ("Registration
Data") is untrue, inaccurate, not current, or incomplete,
Company has the right to terminate User's account and refuse any
and all current and/or future use of the Services.
4. USE OF REGISTRATION DATA
User acknowledges that Registration Data may
be shared by Company. Company agrees not to contact User if User
informs Company of User's preference not to be contacted. However,
Company shall not be responsible or liable if User permits a third
party to contact User, or provides or discloses User's Registration
Data to any third party.
User agrees that Company, or a designee of Company
may disclose Registration Data to third parties about User and
information about User's use of the Services, provided that such
disclosures do not include User's name, mailing address, email
address, telephone or facsimile number, or account number, unless:
(a) User has joined the FreeportSchools.org e-mail program, has
co-registered to receive any third party products or services,
or has otherwise authorized Company to disclose such information;
(b) such disclosure is required by law or legal process; or (c)
User violates any of the terms set forth in Section 7 below.
This Agreement includes the terms and conditions
of Company's Privacy Policy, a copy of which is located at http://FreeportSchools.org/privacy.cfm,
and which is hereby incorporated by reference. In the event that
there exists any inconsistency between this Agreement and the Privacy
Policy, the terms and conditions of the Privacy Policy shall take
precedence.
5. USER CONTENT
Company considers email transmitted via the
Services to be the private correspondence of the sender. Company
will not monitor, edit, or disclose the contents of a User's private
communications, except that User agrees that Company, and their
third party service providers, may do so: (a) as required by law;
(b) to comply with legal process; (c) if necessary to enforce this
Agreement; (d) to respond to claims that such contents violate
the rights of third parties; or (e) to protect the rights or property
of Company, its third party service providers, or others.
User acknowledges that content posted to public
community areas is publicly available and that Company does not
take any responsibility for such content. However, Company reserves
the right to remove any public content posted by a User that violates
any law or condition of this Agreement, upon notice of such violation.
User understands and agrees that technical (and
sometimes manual) processing of email communications, search requests,
community postings, and any other information supplied by User
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 Services; or (d) to conform
to other, similar technical requirements.
User acknowledges and agrees that Company and
their third party service providers do 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, indecent, tortious, or otherwise objectionable
content, or content that infringes or may infringe the intellectual
property or other rights of another.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
Company will issue the first part of username,
which will be followed by the "@" symbol and domain name
(Example: YourNameHere@FreeportSchools.org). User agrees to use
the username which is unique, not obscene, unlawful, or otherwise
objectionable, in Company's sole discretion. Company shall own
User's complete user name.
User will receive a designated password and
account upon completing the registration process for the Services.
User is responsible for maintaining the confidentiality of the
password and account, and is fully responsible for all activities
that occur under User's account. User agrees to immediately notify
Company of any unauthorized use of User's password or account or
of any other breach of security.
7. USER CONDUCT
User agrees to abide by all applicable local,
state, national, and international laws and regulations during
use of the Services, and agrees not to interfere with the use and
enjoyment of the Services by other users. User agrees to be solely
responsible for the contents of User's private and public communications,
whether uploaded, posted, emailed, or otherwise transmitted through
the Services.
User agrees: (a) not to use the Services for
illegal purposes; (b) not to interfere with or disrupt the Services
or servers or networks connected to the Services; (c) to comply
with all requirements, procedures, policies, and regulations of
networks connected to the Services; (d) not to resell the Services
or use of or access to the Services; and (e) to comply with all
applicable laws regarding the transmission of technical data exported
from the United States.
User agrees not to upload, post, email, or otherwise
transmit through the Services: (a) any unlawful, harassing, libelous,
privacy invading, abusive, threatening, harmful, vulgar, obscene,
indecent, tortuous, or otherwise objectionable material of any
kind; (b) any material that violates the rights of another, including,
but not limited to, the intellectual property rights of another;
(c) any material that violates any applicable local, state, national,
or international law or regulation; or (d) unsolicited or unauthorized
advertisements, promotional materials, "junk mail," "spam," "chain
letters," or other forms of solicitation. User agrees not
to attempt to gain unauthorized access to other computer systems
or networks connected to the Services. User acknowledges and agrees
that Company may ban User from future use of the Services if User
does not comply with Company's standards of conduct, even if User
attempts to use the Services through another company or under a
different name. Furthermore, User acknowledges and agrees that
Company may recover damages from User if User violates these terms..
8. INDEMNITY
User agrees to indemnify and hold Company, and
their third party service providers, and their 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 Services, User's
connection to the Services, User's violation of this Agreement,
or User's violation of any rights of another party.
9. STORAGE OF COMMUNICATIONS
Company, and their third party service providers
assume no responsibility for the deletion or failure to store email
messages, communications, or other content maintained or transmitted
through the Services. Company may establish, in its sole discretion,
an upper limit on the extent of message storage it will maintain
for User.
10. TERMINATION
(a) User agrees that Company, or their third
party service providers may terminate User's password, account,
or use of the Services if Company, or their third party service
providers believe: (i) that User has violated or acted inconsistently
with the letter or spirit of this Agreement; or (ii) that User
has violated the rights of Company, or their third party service
providers or other Users or parties. User further agrees that Company,
and their third party service providers may terminate User's password,
account, or use of the Services if User a.) fails to use the Services
at least one time within seven (7) days after initial registration
(the "Initial Period"); or b.) fails to use the Services
at least one time during any consecutive 30-day period following
the Initial Period.
(b) User agrees Company may immediately delete
User's account and all related information, communications, and
files, and may bar any further access to such account, communications,
files, or the Services under any provision of this Agreement. User
also acknowledges and agrees that termination of any of the Services
may be effected without prior notice.
11. LINKS
The Services may provide, or users may include
in email or community postings, links to other Web sites or resources.
However, User agrees not to include in email or community postings
(or elsewhere via the Services) any "deep link" which
leads to a Web page, other than the Home page, of another party's
Web site unless such a link is authorized by the owner of that
Web site. User acknowledges and agrees that Company, and their
third party service providers, are not responsible for the availability
of such external sites or resources, or for User's use of deep
links, and that Company, and their third party service providers
do not endorse and are not responsible or liable for any content,
advertising, products, or other materials on or available from
such sites or resources.
12. COMPANY'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 Services or third
party 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 Company, or advertisers, as applicable,
and may not copy, reproduce, transmit, distribute, or create derivative
works of such content or information without such express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES
IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
(b) COMPANY, AND THEIR THIRD PARTY SERVICE PROVIDERS
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.
(c) COMPANY, AND THEIR THIRD PARTY SERVICE PROVIDERS
MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS
OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES COMPANY, OR ITS THIRD PARTY SERVICE PROVIDERS
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION,
CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION
AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY, AND THEIR THIRD PARTY SERVICE PROVIDERS,
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY USER FROM COMPANY, CLIENT, OR THEIR THIRD
PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO SOME USERS..
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY, AND THEIR THIRD
PARTY SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE
USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICES, 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 INTANGIBLES, EVEN IF COMPANY, OR THEIR THIRD PARTY SERVICE
PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY, AND THEIR
THIRD PARTY SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES,
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.
(c) User acknowledges that Pursuant to Section
512 of the Digital Millennium Copyright Act, Company has a policy
providing for termination of Services to account holders who are
repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN
NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT
OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE
ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii)
SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED
IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR
ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE
AMOUNT IN EXCESS OF $50.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
(f) If User’s account includes the virus
scanner, please be advised that this virus scanner may not be able
to detect or repair all viruses and variants, as new viruses and
variants frequently appear. Please be aware that there is a risk
involved whenever downloading email attachments to your computer
or sending email attachments to others and that, as provided in
the Terms of Service, neither FREEPORTSCHOOLS.ORG nor its licensors
are responsible for any damages caused by your decision to do so.
(g) If User’s account includes SpamShield,
please be advised that this product and product of its type are
not 100% effective and from time to time our product may misclassify
spam as legitimate mail and legitimate mail as "spam".
Users are advised to periodically check their "spam" folder
for email that may have been mislabeled, as provided in the Terms
of Service neither FREEPORTSCHOOLS.ORG nor its licensors are responsible
for any damages caused by your decision to use SpamShield.
(h) FREEPORTSCHOOLS.ORG may place limits on
mail a user can send in a given period of time in order to protect
the health of the company's network. Users may contact their administrators
for exemptions to this clause.
15. AMENDMENT
Company may modify this Agreement at any time,
and such modifications shall be effective immediately upon posting
or other method of notification to User, which notice may be provided
on the Web pages through which User accesses or uses the Services.
User's continued access or use of the Services shall be deemed
to be User's conclusive acceptance of the modified Agreement.
16. GENERAL
Company's third party service providers are intended
beneficiaries of this Agreement. Company shall not be liable to
User for any breach of this Agreement or the Privacy Policy. This
Agreement, and the relationship between User and Company, shall
be governed by the laws of the State of New York without regard
to its conflict of law provisions. User and Company agree to submit
to the personal and exclusive jurisdiction of the courts located
within the state of New York. The failure of Company, and their
third party service providers, to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of
such right or provision. If any provision of this Agreement 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 rule
that the other provisions of this Agreement 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 Services or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever
barred.