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Catholic Online WebMail User Agreement Please read the following agreement carefully. You must accept the agreement to be able to use Catholic Online WebMail 1. ACKNOWLEDGMENT AND ACCEPTANCE OF USER AGREEMENT The Catholic Online WebMail ("Service") is provided to you ("User") under the terms and conditions of this Catholic Online WebMail User Agreement and any operating rules or policies that may be published by Catholic Online and/or Catholic Online WebMail. The Catholic Online WebMail User Agreement comprises the entire agreement between User and Catholic Online WebMail and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE CATHOLIC ONLINE WEBMAIL USER AGREEMENT. 2. DESCRIPTION OF SERVICE Catholic Online WebMail is providing User with a capability to send and receive electronic mail ("email") via the World Wide Web and on Catholic Online's own system. Catholic Online WebMail will not charge User for this Service. User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access. In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration information ("Registration Information"). Furthermore, User grants Catholic Online WebMail the right to disclose to third parties certain Registration Information about User and Service Usership in the aggregate; such disclosures may include User's name, mailing address, email address, account and phone number. Catholic Online WebMail is required to disclose certain information by any applicable law or legal process served on Catholic Online WebMail. If any information provided by User is inaccurate, Catholic Online WebMail retains the right to terminate User's Usership and rights to use the Service. Catholic Online currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Catholic Online to provide the Service. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Catholic Online properties, shall be subject to the User Agreement. You understand and agree that the Service is provided "AS-IS" and that Catholic Online assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. MODIFICATIONS TO User Agreement Catholic Online WebMail may change the terms and conditions of the Catholic Online WebMail User Agreement from time to time. Upon any change in the terms and conditions of the Catholic Online WebMail User Agreement, Catholic Online WebMail will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you may terminate your use of the Service at that time. User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the Catholic Online WebMail User Agreement and its modifications; and (2) agreement by User to abide and be bound by the Catholic Online WebMail User Agreement and its modifications. 4. MODIFICATIONS TO SERVICE Catholic Online WebMail reserves the right to modify or discontinue the Service with or without notice to User. Catholic Online WebMail shall not be liable to User or any third party should Catholic Online WebMail exercise its right to modify or discontinue the Service. 5. CONTENTS OF MESSAGES AND PRIVACY POLICY Email is private correspondence between the sender and the recipient. It is Catholic Online WebMail policy to respect the privacy of its Users. Therefore, in addition to the privacy of registration information as discussed in Section 2 above, Catholic Online WebMail will not monitor, edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Catholic Online WebMail; (2) protect and defend the rights or property of Catholic Online WebMail; or (3) act under exigent circumstances to protect the personal safety of its Users or the public. User acknowledges and agrees that Catholic Online WebMail neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. User acknowledges and agrees that certain technical processing of email messages and their content may be required to: (A) send and receive messages; (B) conform to connecting networks' technical requirements; (C) conform to the limitations of the Service; or (D) conform to other similar requirements. Catholic Online WebMail does not monitor, censor or edit the contents of Users e-mail messages. Users alone are responsible for the contents of their messages, and the consequences of any such messages. User agrees that it will not use Catholic Online WebMail for chain letters, junk mail, spamming, solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. User further agrees not to use Catholic Online WebMail to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Catholic Online WebMail reserves the right to terminate any Users account if it becomes aware and determines, in its sole discretion, that such User is violating any of the foregoing guidelines. It is Catholic Online WebMail policy to respect the privacy of its Users. 6. USER ACCOUNT, PASSWORD, AND SECURITY Once you become a User of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password or icon at any time by following instructions; you may also set up a new account and close an old one at your convenience. User agrees to immediately notify Catholic Online WebMail of any unauthorized use of User's account or any other breach of security known to User. 7.ACCOUNT AND PASSWORD User is responsible for maintaining the confidentiality of its account number and password. User shall be responsible for all uses of its account, whether or not authorized by User. User agrees to immediately notify Catholic Online WebMail of any unauthorized use of its account. 8. DISCLAIMER OF WARRANTIES USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CATHOLIC ONLINE WEBMAIL 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. CATHOLIC ONLINE WEBMAIL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CATHOLIC ONLINE WEBMAIL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. CATHOLIC ONLINW WEBMAIL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CATHOLIC ONLINE WEBMAIL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 9. LIMITATION OF LIABILITY CATHOLIC ONLINE WEBMAIL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE 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 INTANGIBLE, EVEN IF CATHOLIC ONLINE WEBMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 10. NO RESALE OR COMMERCIAL USE OF THE SERVICE User's right to use the Service is personal to User. User may only be an individual: User may not be a corporation or other business entity. User agrees not to resell or make any commercial use of the Service, without the express consent of Catholic Online WebMail. 11. EMAIL MESSAGE STORAGE/ADDRESS BOOK/FOLDERS AND OTHER LIMITATIONS Catholic Online WebMail assumes no responsibility for the deletion or failure to store email messages, address book and folders. Catholic Online WebMail has set no fixed upper limit on the number of messages a User may send or receive through the Service; however, Catholic Online WebMail retains the right, at Catholic Online WebMail sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the Catholic Online WebMail User Agreement and may terminate Service if a User's conduct is found to be inconsistent with the Catholic Online WebMail User Agreement. 12. USER CONDUCT User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. 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 Catholic Online, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Catholic Online 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 Catholic Online 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, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a Catholic Online official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l. "stalk" or otherwise harass another; or m. collect or store personal data about other users. You acknowledge that Catholic Online does not pre-screen Content, but that Catholic Online and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Catholic Online and its designees shall have the right to remove any Content that violates the User Agreement 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 Catholic Online or submitted to Catholic Online, including without limitation information in Catholic Online! Message Boards, Catholic Online! Clubs, and in all other parts of the Service. You acknowledge and agree that Catholic Online 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 the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Catholic Online, its users and the public. 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. Catholic Online WebMail may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the Catholic Online WebMail User Agreement. 13. INDEMNIFICATION User agrees to indemnify and hold Catholic Online, Catholic Online WebMail, its 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 Service, the violation of this Catholic Online WebMail User Agreement by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity. 14. TERMINATION Either User or Catholic Online WebMail may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Catholic Online WebMail shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the Catholic Online WebMail User Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Usership; and (3) notify Catholic Online WebMail of termination. Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right and Catholic Online WebMail will have no obligation thereafter to forward any unread or unsent messages to User or any third party. 15. NOTICE All notices to a party shall be in writing and shall be made either via email or conventional mail. Catholic Online WebMail may broadcast notices or messages through the Service to inform User of changes to the Catholic Online WebMail User Agreement, the Service, or other matters of importance; such broadcasts shall constitute notice to User. 16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. Catholic Online WebMail assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. 17. PROPRIETARY RIGHTS TO CONTENT User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service ("Content") by Catholic Online, Catholic Online WebMail or Catholic Online WebMail Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser. 18. APPLICABLE LAWS The Catholic Online WebMail User Agreement shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. User and Catholic Online WebMail agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of the Catholic Online WebMail User Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Catholic Online WebMail failure to exercise or enforce any right or provision of the Catholic Online WebMail User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Catholic Online WebMail in writing. User and Catholic Online WebMail agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Catholic Online WebMail User Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
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