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End-User Services Agreement
EVERYONE.NET'S SERVICES ARE USED IN PROVIDING THESE SERVICES TO YOU ON THIS SITE AND INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM EVERYONE.NET, WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES!
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 Everyone.net's services ("User" or “you”), Proofpoint, Inc. acting through its division, Everyone.net, a Delaware corporation located at 892 Ross Drive, Sunnyvale, CA 94089 ("Company"), and the owner of the Web site through which you have requested Everyone.net's services ("Customer"). Everyone.net's services, as described below in Section 2 (the "Services"), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement.
The Services, provided by Company on behalf of Customer, are provided to User under the terms and conditions of this Agreement any amendments to this Agreement and any operating rules or policies that may be published from time to time by Company and Customer, 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.
Company, on behalf of Customer, is providing User with certain email services or any other services which Company may elect to provide on behalf of Customer in the future. These Services are provided to User at the discretion of Customer, 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 or Paid End User individual upgrades such as one_archive, one_mobile, etc.).
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 and Customer have the right to terminate User's account and refuse any and all current and/or future use of the Services.
User acknowledges that Registration Data is to be shared between Company and Customer. Company and Customer agree not to contact User if User informs Company of User's preference not to be contacted. Company shall inform Customer if User states a preference not to be contacted. However, Company shall not be responsible or liable if Customer contacts User, permits a third party to contact User, or provides or discloses User's Registration Data to any third party.
Company and Customer consider email transmitted via the Services to be the private correspondence of the sender. Neither Company nor Customer will monitor, edit, or disclose the contents of a User's private communications, except that User agrees that Company, Customer, 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, Customer, its third party service providers, or others.
User will be asked to choose the first part of its user name, which will be followed by the "@" symbol and Customer's domain name (Example: YourNameHere@Example.com). User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in Company's sole discretion. Company shall own User's complete user name.
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 to indemnify and hold Company, Customer, 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.
Company, Customer, 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.
User agrees that Company, Customer, or their third party service providers may terminate User's password, account, or use of the Services if Company, Customer, 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, Customer, or their third party service providers or other Users or parties. User further agrees that Company, Customer, 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.
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, Customer, 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, Customer, 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.
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, Customer, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.
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.
USER AGREES THAT COMPANY, CUSTOMER 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, CUSTOMER, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
APPENDIX 1 TO END-USER SERVICE AGREEMENT