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SearchBC.Com
FreeMail
Terms of Service Agreement:
Please read the following document stating our Terms of service.
SearchBC.Com FreeMail lets you manage your e-mail online and enables
you to send attachments, organize your e-mail into folders and
use your own e-mail address lists, so you never have to be without
the ability to get or send email when you're away from home.
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NEW
MEDIA DATA MARKETING INC., AND SEARCHBC.COM COMMUNICATIONS FREEMAIL
TERMS OF SERVICE AGREEMENT (TOS). (SEARCHBC.COM COMMUNICATIONS IS
A WHOLLY OWNED SUBSIDIARY OF NEW MEDIA DATA MARKETING INC.)
1. ACCEPTANCE OF TERMS
Welcome to SearchBC.Com. SearchBC.Com Communications and New Media
Data Marketing Inc. (the "NMD"), provides its service to you, subject
to the following Terms of Service (the "TOS"), which may be updated
by us from time to time without notice to you. You can review the
most current version of the TOS at any time at: http://www.SearchBC.com/freemail/tos.html.
In addition, when using particular SearchBC.Com services, you and
SearchBC.Com shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference
into the TOS. SearchBC.Com also may offer other services from time
to time that may be governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
SearchBC.Com currently provides users with access to several on-line
resources and an offline resource, including, communications tools,
World Wide Web searching and directory indexing tools and a screensaver
tool, through its network of properties (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new SearchBC.Com properties,
shall be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that SearchBC.Com assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
In order to use the Service, you must obtain access to the World
Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem
or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information
being the "Registration Data"); (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete
and (c) reside or have a place of business in British Columbia Canada.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or SearchBC.Com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
SearchBC.Com has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or
any portion thereof).
4. SEARCHBC.COM PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, please see our full
privacy policy at http://www.SearchBC.Com/freemail/privacy.html
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and member account designation upon
completing the registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify SearchBC.Com of any unauthorized
use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each
session. SearchBC.Com cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated.
This means that you, and not SearchBC.Com, are entirely responsible
for all Content that you upload, post, e-mail or otherwise transmit
via the Service. SearchBC.Com does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will SearchBC.Com be liable in any way for
any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, e-mailed or otherwise
transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise
transmit any Content: (a) that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, libelous, obscene,
invasive of another's privacy, hateful, or otherwise objectionable;
(b) that will harm minors in any way; (c) that you do not have a
right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information ); (d) that impersonates any person or entity, including,
but not limited to, NMD or SearchBC.Com: (i) Director; (ii) employee;
(iii) contractor; (iv) associate; (v) advertiser; (vi) development
team member (vii) or falsely state or otherwise misrepresent your
affiliation with NMD, SearchBC.Com or any person or entity; (e)
with forged headers or otherwise manipulated identifiers in order
to disguise the origin of any Content transmitted through the Service;
(f) such as any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation; (g) which contains software viruses
or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality any computer software or hardware
or telecommunications equipment; (h) which infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party; or (i) which interferes with or disrupts the Service
or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Service.
SearchBC.Com and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any content created by SearchBC.Com
or submitted to SearchBC.Com, without limitation.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You acknowledge and agree that SearchBC.Com may preserve Content
and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms
of Service; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or
personal safety of SearchBC.Com, its users and the public.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from Canada or the country
in which you reside.
8. INDEMNITY
You agree to indemnify and hold SearchBC.Com, NMD, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your
use of the Service, your connection to the Service, your violation
of the Terms of Service, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SearchBC.Com may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that e-mail messages or other uploaded
Content will be retained by the Service, the maximum number of e-mail
messages that may be sent from or received by an account on the
Service, the maximum size of any e-mail message that may be sent
from or received by an account on the Service, the maximum disk
space that will be allotted on SearchBC.Com's 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 SearchBC.Com has no responsibility or liability for the deletion
or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge
that SearchBC.Com reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge
that SearchBC.Com reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without
notice.
11. MODIFICATIONS TO SERVICE
SearchBC.Com reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that SearchBC.Com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. TERMINATION
You agree that SearchBC.Com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if SearchBC.Com
believes that you have violated or acted inconsistently with the
letter or spirit of the Terms of Service. SearchBC.Com may also
in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service may be effected
without prior notice, and acknowledge and agree that SearchBC.Com
may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that SearchBC.Com
shall not be liable to you or any third-party for any termination
of your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through 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 you and such advertiser. You agree
that SearchBC.Com and NMD shall not be responsible or 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.
14. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because SearchBC.Com has
no control over such sites and resources, you acknowledge and agree
that SearchBC.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. You further acknowledge
and agree that SearchBC.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 or through any such
site or resource.
15. SEARCHBC.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by SearchBC.Com or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in
whole or in part.
16. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE
THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEARCHBC.COM
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.
b. SEARCHBC.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL
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 YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEARCHBC.COM
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
17. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT
SEARCHBC.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SEARCHBC.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY
TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. SearchBC.Com shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted
via the Service, and shall not be responsible or liable for any
trading or investment decisions made based on such information.
20. DISCLAIMER REGARDING SEARCH
Search and Directory are free services offered by SearchBC.Com.
Because the Web changes constantly, no search engine technology
can possibly have all accessible sites at any given time. Thus,
SearchBC.Com explicitly disclaims any responsibility for the Content
or availability of information contained in our search index or
directory.
21. TRADEMARK
SearchBC.Com, the SearchBC.Com logo, freemail.searchbc.com, the
freemail.searchbc.com logo trademarks and service marks, and other
SearchBC.Com Network logos and product and service names are trademarks
of New Media Data Marketing Inc. and SearchBC.Com (the "NMD Marks").
Without SearchBC.Com's prior permission, you agree not to display
or use in any manner, the NMD Marks.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and SearchBC.Com
and govern your use of the Service, superceding any prior agreements
between you and SearchBC.Com. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and SearchBC.Com shall be governed by the laws of the
Province of British Columbia, Canada without regard to its conflict
of law provisions. You and SearchBC.Com agree to submit to the personal
and exclusive jurisdiction of the courts located within the Province
of British Columbia Canada. The failure of SearchBC.Com to exercise
or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS
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 TOS remain in full force and effect.
You agree 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 TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
VIOLATIONS
Please
report any violation of the TOS to abuse@searchbc.com
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