1. Subscriber
Conduct. YOU MAY NOT SEND "SPAM" (unsolicited email
in connection with Email directed to people not personally known
to you, including but not limited to junk mail, chain letters
or other unsolicited bulk email, commercial or otherwise). You
are solely responsible for your content and acknowledge that Email
acts as a passive conduit for the transmission of your data. You
warrant that the content you provide through Email: (a) does not
infringe on any third party's intellectual property rights or
proprietary rights, or rights of publicity or privacy; (b) does
not violate any law, statute, ordinance or regulation; (c) is
not defamatory, libelous, pornographic, or obscene; or (d) does
not contain viruses or other similar harmful programming. Arkansas.Net
reserve the right to terminate your account at any time without
notice if it determines that you have violated the terms of this
agreement. Arkansas.Net may immediately upon termination delete
email files in your account and bar any further access to such
files or the Service.
2. Registration
Data. In consideration for Email service, you agree to provide
Arkansas.Net with current, complete, and accurate registration
information (the "Registration Data") as prompted and
to update this information as required keeping it current, complete,
and accurate. The Email service is a part of your Internet access
services with Arkansas.Net and subject to our terms of use, which
are incorporated into this Agreement
3. Privacy.
Except as provided in § 2 above, Arkansas.Net will not monitor
or disclose any private e-mail message or address information
unless required by law, regulation, court order, or legitimate
administrative purpose. Email is subject to the privacy policy
of Arkansas.Net. Any personally identifiable information that
you provide will only be used by Arkansas.Net, and certain business
partners in order to provide you with a more customized and efficient
service, and to enroll you as a member in Arkansas.Net. You may
receive program information and updates from Arkansas.Net periodically,
and have the right to opt-out of any communications not directly
related to the operation of Email
4. Personal
Use. Your right to use Email is personal to you. You will not
resell or make any commercial use of Email without its express
consent. Please guard your account password, as you are liable
for all uses of your account, including any unauthorized uses.
5. Indemnification.
You will indemnify and hold harmless Arkansas.Net, its employees,
directors, officers, agents and their successors and assigns from
any damages and expenses relating to the use of your account.
6. Term.
This Agreement shall continue while you use Email Either you,
or Arkansas.Net may terminate the service at any time, with or
without cause. The provisions of §§ 1, 5 and 10 will
survive any such termination.
7. Disclaimer
of Warranties. YOU USE Email AT YOUR SOLE RISK. Email IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARKANSAS.NET
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.
ARKANSAS.NET
MAKE NO WARRANTY THAT Email WILL MEET YOUR REQUIREMENTS, OR THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DO ARKANSAS.NET MAKE ANY WARRANTY THAT THE RESULTS THAT MAY
BE OBTAINED THROUGH Email MEET YOUR NEEDS OR THAT DEFECTS IN THE
SOFTWARE WLL BE CORRECTED.
ARKANSAS.NET
MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED, OR ANY TRANSACTIONS ENTERED INTO THROUGH Email
ANY
MATERIAL AND/OR DATA YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH
Email COMES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF
DATA.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN
FROM Email WILL CREATE ANY WARRANTY.
8. Limitation
of Liability. ARKANSAS.NET WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED
COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, EVEN IF OR ARKANSAS.NET HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
9. Proprietary
Rights. Content, including but not limited to text, software,
music, sound, photographs, graphics, video, or other material
contained in sponsor advertisements or information presented to
you by Netscape, Arkansas.Net or its advertisers may be protected
by copyrights, trademarks, or other intellectual property rights
and laws. You may use this material only as expressly authorized
by Netscape, Arkansas.Net or its advertisers, and may not copy,
transmit, or create derivative works of such content or information
without express authorization.
10. Mail Storage: In order to properly manage the amount of disk space utilized by messages stored on its servers, Arkansas.Net will prune the contents of the message directories on a regular basis. The following schedule will determine what files are removed from its servers:
| Unread Messages: |
Removed after 30 days |
| Read Messages: |
Removed after 30 days |
| Read Messages (With attachments greater than 1 mb):
Removed after 7 days |
| Sent Messages: |
Removed after 30 days |
| Spam Messages: |
Removed after 14 days |
| Quarantined messages (those containing viruses):
Removed after 7 days |
Incoming messages are limited to a maximum attachment size of 2 megabytes. If you require receiving attachments larger than 2 megabytes, please contact support@arkansas.net and your incoming attachment limit can be increased for a nominal fee.
11.
Modifications. or Arkansas.Net may change the Terms of Use from
time to time, and will provide reasonable notice of the changes.
12.
Miscellaneous. This Agreement is governed by the laws of the State
of Arkansas without giving effect to principles of conflict of
laws. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Netscape's or Arkansas.Net's failure
to act with respect to a breach by you or others does not waive
its right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire agreement between you, Arkansas.Net
and supersedes any prior agreements pertaining to the subject
matter contained herein.
13.
Please report any violations of the Terms of Use to noc@arkansas.net.
|
