Revenge Email

REVENGEMAIL.COM TERMS OF SERVICE


No Unlawful or Prohibited Use

BY ACCESSING AND USING REVENGEMAIL.COM, YOU AGREE TO THE FOLLOWING TERMS OF SERVICE. PLEASE READ THEM CAREFULLY. THESE TERMS OF SERVICE MAY BE UPDATED OR CHANGED AT ANY TIME WITHOUT NOTICE OTHER THAN POSTING ON THIS WEB SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE IN THEIR ENTIRETY, DO NOT ACCESS OR USE REVENGEMAIL.COM. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF SERVICE, PLEASE CONTACT US.

LAST UPDATED: JUNE 8, 2009


Definitions

RevengeMail.com is an Internet Web site containing e-mail services designed to enable you to communicate with others (collectively, the “Communication Services”). In these Terms of Service, the words “we”, “us”, and “our” refer to the Communication Services and its proprietors. The words “you”, “your”, and “user” refer to all individuals and/or entities accessing the Communication Services.


Modification of these Terms of Use

We reserve the right to change the terms, conditions, and notices, including but not limited to any charges associated with the use of the Communications Services. You are responsible for regularly reviewing these Terms of Service and additional terms posted on particular websites as applicable. Your continued use of the Communications Services constitutes your agreement to be bound by all such terms, conditions, and notices.


Use of Service

You agree to use the Communication Services only to post, send, and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use, access, or view the Communications Services if you are younger than either (1) eighteen (18) years of age, or (2) less than the age of majority or incapable of agreeing to these Terms of Service in your jurisdiction.
  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, or disseminate any unlawful topic, name, material, or information.
  • Publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their belonging to a race, a religion, a specific sexual orientation, or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes, or are otherwise a member of a protected class as defined by applicable law.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by (i) intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws or (ii) by rights of privacy or publicity, if and unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload, embed, or link to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose.
  • Download any file posted by another user of the Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any applicable laws or regulations, including without limitation, your and our home jurisdictions.
  • Access or use the Communications Services in any jurisdiction where the Communications Services or your access or use of the same is unlawful or where the content of the Communications Services does not meet community standards for decency.
  • Compile, use, download, or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
  • Decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or in any way used on the Communications Services, or attempt to do the same.

Except as otherwise explicitly provided in these Terms of Service, we have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials in our sole discretion. We reserves the right to terminate your access to the Communication Services or any portion or feature thereof at any time, without notice, for any reason whatsoever.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion, notwithstanding any indication on or in the Communications Services that it is “anonymous”.

We do not control or endorse the content, messages, or information found in or on the Communication Services and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. You agree to use the Communications Services at your own risk and acknowledge and agree that true anonymity on the Internet does not exist.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

You agree that we may establish limits concerning use of the Communications Services, including without limitation the maximum number of days that e-mail messages will be retained by us, the maximum number of e-mail messages that may be sent from or received by anybody, the maximum size of an e-mail message that may be sent from or received by anyone, the maximum disk space that will be allotted on the Communication Service’s servers on your behalf, and the maximum number of times and duration you may access the Communications Services in a given period of time.

You agree that we have no responsibility or liability for the deletion, corruption, or failure to store, transmit, or timely transmit any messages or other content maintained or transmitted by the Communications Services.


No Unlawful or Prohibited Use

As a condition of your use of the Communications Services, you will not use the Communications Services for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Communications Services in any manner that could damage, disable, overburden, or impair the Communications Services (or the network(s) connected to the Communications Services) or interfere with any other party’s use and enjoyment of the Communications Services. You may not attempt to gain unauthorized access to the Communications Services, other accounts, computer systems or networks connected to the Communications Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Communications Services.


Complaints/Abuse

Abuse of the Communications Services should be reported by using the built-in flagging system. Alternatively, you can submit an e-mail to RevengeMail.com.


Materials Posted on the Communications Services

We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input, or submit to the Communications Services for review by the general public, or by the members of any public or private community (each a “Submission” and, collectively, “Submissions”); however, by posting, uploading, inputting, providing, or submitting (collectively, “Posting”) any Submission you agree to grant us (1) permission to use your Submission in connection with the operation of the Communications Services; (2) the perpetual royalty-free license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission throughout the universe; and (3) the right to sublicense such rights to any other party as we deem fit.

No compensation will be paid with respect to the use of any of your Submissions, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in our sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.


Content Available Through the Communications Services

All content (if any) that is made available to view and/or download on, in, through, or in connection with the Communications Services, excluding content and/or software that may be made available by end-users through the Communication Services, and is owned by us and is our copyrighted work and/or that of our suppliers and is protected by copyright laws and international treaty provisions.

Any reproduction or redistribution of the content of the Communications Services is expressly prohibited by law, and may result in civil and criminal penalties. Without limiting the foregoing and notwithstanding anything to the contrary in these Terms of Service, you acknowledge that we are the owners of the copyright and trademarks of the Communications Services and that copying, reproducing, or modifying of these copyrighted materials, including without limitation, the underlying code, software, and/or content to any other server or location in whole or in part for further reproduction or redistribution or for any other purposes is expressly prohibited.


Termination/Access Restriction

RevengeMail.com reserves the right, in its sole discretion, to terminate your access to any or all Communications Sites/Services and the related services or any portion thereof at any time, without notice, compensation, or liability, with or without cause.

RevengeMail.com shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.


Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Communications Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Communications Services. Without our advance express written permission, you may not use the Communications Services in any commercial manner.


Links to Third-Party Sites

The Communications Services may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under our control. We are not responsible for the contents of or functionality of any Linked Site. The inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. Any dealings with third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the third party. You acknowledge and agree that we are not responsible or liable for any part of any such dealings.


Termination/Access Restriction

RevengeMail.com reserves the right, in its sole discretion, to terminate your access to any or all Communications Sites/Services and the related services or any portion thereof at any time, without notice.

RevengeMail.com shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.


Modification of these Terms of Use

RevengeMail.com reserves the right to change the terms, conditions, and notices, including but not limited to the charges associated with the use of the Communications Sites/Services. You are responsible for regularly reviewing these Terms and Conditions and additional terms posted on particular websites. Your continued use of the Communications Sites/Services constitutes your agreement with RevengeMail.com to all such terms, conditions, and notices.


Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Communications Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Communications Sites/Services. Without the advance express written permission of TrashMail, you may not use the Communications Sites/Services in any commercial manner.


Links to Third-Party Sites

The Communications Services may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under our control. We are not responsible for the contents of or functionality of any Linked Site. The inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators.

Any dealings with third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the third party. You acknowledge and agree that we are not responsible or liable for any part of any such dealings.


Privacy Policy

The personal information we collect from you, or you provide to us, is governed by our Privacy Policy, located at RevengeMail.com/privacy, as updated by us from time to time, and incorporated into these Terms of Service by this reference.


Copyright Policy

If you believe that any materials on or accessible through the Communications Service (excluding material on Linked Sites) infringe your copyright, trademark, or other legal rights, you may request removal of those materials (or access thereto) by contacting us here or mail your request to RevengeMail.com, P.O. Box 7731, Van Nuys, CA 91409. Such a request must contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe you have been wrongly identified as a copyright infringer, pursuant to the above process, then you may notify us as above, with the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location before removal;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of U.S. District Court for the judicial district in which your address is located, or if your address is outside of the United States, to the jurisdiction of the U.S. District Court for the Central District of California, and that you will accept service of process from the person who provided notification under the copyright infringement notification procedures above or an agent of such person.


Liability Disclaimer


EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MATERIAL ON OR ACCESSIBLE THROUGH THE COMMUNICATIONS SERVICES (INCLUDING ALL CONTENT - WHETHER PROVIDED BY US OR BY OTHER USERS, SOFTWARE, CODE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE THEREIN OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE COMMUNICATIONS SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. LIKE ANY WEB SITE, THE COMMUNICATIONS SERVICES ARE SUBJECT TO OCCASIONAL OUTAGES, DOWNTIME, AND OTHER TECHNICAL PROBLEMS, AND NO PART OF ANY SUBSCRIPTION OR OTHER FEES (IF ANY) SHALL BE REFUNDABLE OR PRO-RATED ON ACCOUNT OF SUCH TECHNICAL ISSUES. USE OF THE COMMUNICATIONS SERVICES IS AT YOUR OWN RISK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS VIRUS- OR ERROR-FREE.


Limitation of Liability

YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE COMMUNICATIONS SERVICES AND ANY INFORMATION ON OR ACCESSIBLE THROUGH THE COMMUNICATIONS SERVICES. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE GREATER OF ONE U.S. DOLLAR (USD $1.00) OR THE AMOUNT, IF ANY, ACTUALLY PAID FOR THE USE OF THE COMMUNICATIONS SERVICES, AND YOU HEREBY RELEASE US AND OUR EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, AND OWNERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATES AND JURISDICTIONS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Indemnification

You agree to indemnify, defend, and hold us, and our employees, agents, representative, officers, directors, and owners harmless from and against any and all losses (including, but not limited to attorneys’ fees and costs) resulting from any claims that you assert, or may assert, based on or relating to your use, or the use of any individual using your login and password, of the Communications Services. You further agree to indemnify, defend, and hold us and our employees, agents, representative, officers, directors, and owners harmless from and against any and all losses resulting from claims of third parties (including, but not limited to attorneys’ fees and costs), that result in whole or in part from violations by you, or any individual using your login and password (if any), of any of the terms of these Terms of Service.


Force Majeure

We shall not be held liable for any delay or failure in performance of any part of these Terms of Service from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal or criminal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slowdowns over the Internet by any third-party Internet service providers, including without limitation Internet service provider(s), domain name registrar(s), and other third party service providers selected and/or paid by us.


Assignment

You agree not to assign any of your rights under these Terms of Service. We may assign our rights under these Terms of Service without notice, provided that such assignee agrees to abide by the same Terms of Service, unless and until modified in accordance with their terms.


Survivability

The ownership and proprietary rights provisions set forth in these Term of Service, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of these Terms of Service and any obligations hereunder for any reason.


Interpretation and Choice of Law

These Terms of Service shall be interpreted in accordance with the laws of the State of California and of the United States of America, without giving effect to the choice of law provisions of such laws. The headings in these Terms of Service are for convenient reference only, and are not to be used in interpreting these Terms of Service. If any provision of these Terms of Service shall be deemed to be illegal or unenforceable, to the maximum extent permissible under applicable law, such provision shall be deemed rewritten to as closely as possible reflect the intent of the parties as expressed herein and otherwise, if not capable of being rewritten, then stricken from these Terms of Service, and the remaining provisions shall remain in full force and effect in order to preserve the intent of the parties. These Terms of Service represent the entire understanding between you and us with respect to its subject matter and supersede all prior agreements and understandings between us with respect to its subject matter. No terms, conditions, prior course of dealings, course of performance, usage of trade, understandings, purchase orders, or agreement purporting to modify, vary, supplement, or explain any provision of these Terms of Service shall be effective unless in writing and signed by representatives of each of us who are authorized to amend these Terms of Service.


Dispute Resolution

Except as otherwise required by law, any dispute concerning these Terms of Service, the Communications Services, any subscription or fees, our products, services, advertising, copyrights, or trademarks, or any other dispute between you and us shall be resolved by binding arbitration in Los Angeles County, California before one arbitrator from JAMS, using their streamlined arbitration rules. You hereby irrevocably and unconditionally consent to this jurisdiction and further agree that the laws of California and of the United States shall apply (except conflict of law provisions) to any such arbitration or court proceeding. The party initiating the proceeding shall initially pay for the costs of suit or arbitration, and each party shall initially bear its own attorney fees and costs; however, the parties irrevocably covenant and agree that they shall request at the outset that the court or arbitrator determine the prevailing party and award reasonable attorneys fees and costs at the conclusion of the case or arbitration, in accordance with these Terms of Service. Any amounts that are or become due to any party under these Terms of Service shall, after a thirty (30) calendar day payment grace period, accrue interest at the rate of ten percent (10%) simple interest per annum until paid in full.


Notices

Any notices or communications under these Terms of Service to you will be addressed to the electronic address and/or mailing address provided by you upon your registration with us, if any, and otherwise to any known email or street address. You may update such information from time to time by notifying us, and any such notice will be deemed delivered immediately upon sending in the case of electronic mail and three days after mailing in the case of standard postal mail. If directed to us, such notices shall be given here.



 

 


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