Terms Of Service

UltimateResponse.com, shall provide e-mail products and services ("the UltimateResponse.com Service") to you ("User") under the terms and conditions of this UltimateResponse.com User Agreement ("the Agreement"). USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH UltimateResponse.com AND NOT THE WEB SITE WITH WHOM UltimateResponse.com HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH UltimateResponse.com AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS E-MAIL SITE. USERS UNDER 13 MAY NOT SIGN UP FOR THE UltimateResponse.com SERVICE AT THIS TIME.


1.  Acceptable Use Policy

The following policy governs the use of the UltimateResponse.com Service by User. User will comply with the terms and spirit of the Agreement.

  1. User shall not use the UltimateResponse.com Service for Spamming. This includes, but is not limited to:

  1. The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients.

  2. The sending of junk mail.

  3. The use of distribution lists that include people who have not given specific permission to be included in such distribution process.

  4. Posting commercial ads to USENET newsgroups that do not permit it.

  5. Posting articles containing binary encoded data to a non-binary newsgroups

  6. Excessive and repeated posting off-topic messages to newsgroups.

  7. Excessive and repeated cross-posting.

  8. E-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive.

  9. The e-mailing of age inappropriate communications or content to anyone under the age of 18.

UltimateResponse.com has in place a Spam monitoring system, and  shall make reasonable attempts to respond to complaints made by User regarding the receipt of Spam or other harassing e-mail or, in the case of a User under the age of 18, complaints from such User or from such User's parent or guardian regarding the receipt of Spam, other harassing e-mail, or e-mail containing any age-inappropriate communications or content.

  1. User shall not use the UltimateResponse.com Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. This includes but is not limited to:

  1. WAREZ sites or sites that promote the use of, or supply directly links to serial numbers, cracks, pirate software or Unlicensed Software.

  2. Sites that promotes porn or nudity, this includes BANNERS, CLICKER SITES, EDITORIALS, STORIES, NUDE PHOTOGRAPHS, EXPLICIT LANGUAGE, SEXUAL FICTION, OR ANYTHING THAT WE DEEM INAPPROPRIATE TO OUR SERVICE.

  1. User shall not attempt to interfere in any way with UltimateResponse.com networks or network security, or attempt to use the UltimateResponse.com Service to gain unauthorized access to any other computer system.

  2. User shall at all times provide UltimateResponse.com with accurate information. User shall immediately notify UltimateResponse.com of any security breach in or unauthorized use of User's account. User shall not interfere in any way with another User's use of, or UltimateResponse.com's provision of the UltimateResponse.com Service. User shall not resell, rent, lease, grant a security interest in the UltimateResponse.com services without the express written consent of UltimateResponse.com.

 
2.  Privacy Policy

Review our Privacy Policy.
 

3.  Spamming Policy

Review our Spamming Policy.

 
4.  Title

Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the UltimateResponse.com Service, and provided by either UltimateResponse.com or sponsors or any other content provider shall remain in UltimateResponse.com and/or its sponsors or any other content provider. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties.


5.  Indemnification

User agrees to indemnify and hold UltimateResponse.com and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable Barristers and or Solicitors fees, made by any third party due to or arising out of User's use of the UltimateResponse.com Service, the violation of the Agreement by User, or the infringement by User, or other user of the UltimateResponse.com Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any User communications.


6.  Disclaimer of Warranty

UltimateResponse.com EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE UltimateResponse.com SERVICE. THE UltimateResponse.com SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE UltimateResponse.com SERVICE IS BORNE BY USER. UltimateResponse.com MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE UltimateResponse.com SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.


7.  Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL UltimateResponse.com OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE UltimateResponse.com SERVICE, THE PERFORMANCE OF UltimateResponse.com SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL UltimateResponse.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT UltimateResponse.com RECEIVED FROM USER FOR THE UltimateResponse.com SERVICE. 


8.  Storage

UltimateResponse.com assumes no responsibility for the deletion or failure to store, deliver or timely deliver of messages. UltimateResponse.com has set no fixed upper limit on the number of messages a member may send or receive through the service; however, UltimateResponse.com retains the right to determine whether or not Member's conduct is consistent with the letter and spirit of the user agreement. UltimateResponse.com reserves the right to set limits on the number of messages or their storage. This constitutes a change to the user agreement and UltimateResponse.com will notify users of any changes to the user agreement as stated in the Modification section below.


9.  Infringement

User represents that the user id selected by the User, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, UltimateResponse.com may immediately suspend the use of such UltimateResponse.com e-mail address, and User will indemnify and hold UltimateResponse.com harmless, in accordance with the Indemnification section above, for any claim or demand against UltimateResponse.com that arises out of such selection. User acknowledges and agrees that neither UltimateResponse.com nor any of its licensors shall be liable to User in the event UltimateResponse.com is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of a UltimateResponse.com e-mail address. If as a result of such action, User loses an e-mail address, the User's sole remedy shall be the receipt of a replacement UltimateResponse.com e-mail address.


10.  Modification

UltimateResponse.com reserves the right to modify the UltimateResponse.com Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement. UltimateResponse.com will post the new Agreement and updated descriptions of the UltimateResponse.com Service on the site and will notify users when the Agreement has been changed. Continued use of the UltimateResponse.com Service after such postings shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement. Users not wishing to be bound by the modified Agreement or UltimateResponse.com Service may terminate the UltimateResponse.com Service pursuant to the Termination section below.


11.  Termination

UltimateResponse.com Services may be terminated in whole or in part, effective immediately, by either UltimateResponse.com or User at any time upon written notice. Upon termination, User's right to use the UltimateResponse.com Service immediately ceases, and UltimateResponse.com is not obligated to forward any unread or unsent messages to User or any third party. UltimateResponse.com shall not be liable to User or any third party for termination of the UltimateResponse.com Service. UltimateResponse.com reserves the right to terminate User's e-mail address in the event that UltimateResponse.com's rights to use certain domain names or e-mail addresses terminate or expire, in which case User shall receive a replacement UltimateResponse.com e-mail address. In addition, UltimateResponse.com retains the right, at UltimateResponse.com's sole discretion, to terminate any and all parts of the UltimateResponse.com Service provided to User, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If UltimateResponse.com determines that User has failed to comply with any of the terms in Sections (a) and (b) above, of the Acceptable Use Policy, UltimateResponse.com shall when appropriate, (1) facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to UltimateResponse.com for any direct, indirect, special, incidental, or consequential damages incurred by UltimateResponse.com as a result of User's spamming or other prohibited activity.


12.  Severability

If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.


13.  Action Limit

User and UltimateResponse.com agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.


14.  No Waiver

No waiver on the part of UltimateResponse.com to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.


15.  UltimateResponse.com Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of any UltimateResponse.com successor companies or assigns.


16.  Headings

The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.


17.  Entire Agreement

This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.

18.  Governing Law

This Agreement shall be governed by and construed in accordance with English Law.

 
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