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
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.
User shall not use the UltimateResponse.com Service for Spamming.
This includes, but is not limited to:
The bulk sending of unsolicited
messages, or the sending of unsolicited e-mails which provoke complaints
The sending of junk mail.
The use of distribution lists
that include people who have not given specific permission to be included
in such distribution process.
Posting commercial ads to USENET
newsgroups that do not permit it.
Posting articles containing
binary encoded data to a non-binary newsgroups
Excessive and repeated posting
off-topic messages to newsgroups.
Excessive and repeated
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.
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.
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:
WAREZ sites or sites that promote
the use of, or supply directly links to serial numbers, cracks, pirate
software or Unlicensed Software.
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.
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.
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.
Review our Privacy
3. Spamming Policy
Review our Spamming
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.
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
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.
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
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.
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.
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
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
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.
The headings in this Agreement are for convenience only and
shall not affect the meaning or interpretation of this Agreement or any
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.