In consideration of the mutual promises herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. TERMS OF SERVICE
Techweavers Inc. (“Service Provider”) provides its email services to the end user (“you”, “your”), subject to the terms of service set out in this agreement ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.techweavers.net/index.php?page_id=1046. In addition, when using particular Service Provider services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
(a) Your payment obligations with regard to the Service are as set out in your subscription application.
(b) Service Provider currently provides users with access to the email service with the functionality described in your subscription application (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that neither Service Provider nor its suppliers assume responsibility for the timeliness, deletion, mis-delivery, non- delivery or failure to store or accurately store, any user communications, addresses or personalization settings.
(c) You are responsible for obtaining access to the Service and that access may involve fees to Service Provider or third party fees (such as Internet service provider or airtime charges).
(d) You must provide and are responsible for all equipment necessary to access the Service.
3. CERTAIN SUBSCRIPTION OBLIGATIONS
You agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's subscription form ("Subscription Data"); and (b) promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Service Provider or its suppliers have reasonable grounds to suspect this, Service Provider or its suppliers have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), including any transition rights. Service Provider is concerned about the safety and privacy of all its users, particularly minors. For this reason, if you wish to allow anyone else access to the Service, you should assist them in setting up any relevant accounts and supervise their access to the Service. Allowing anyone access, means s/he will be able to access all components of the Service. As the subscriber, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below), which may be delivered to you, are appropriate for any person to whom you allow access.
4. SERVICE PROVIDER PRIVACY POLICY
Subscription Data and certain other information about you is subject to our Privacy Policy attached as Exhibit 1.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the Service's subscription process. You are responsible for maintaining their confidentiality, and for all activities that occur under your password or account. You agree to (a) immediately notify Service Provider of any unauthorized use of your password or account or any other breach of security, and (if applicable); and
(b) exit from your account at the end of each session. Service Provider, and its suppliers, cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted over the Service, by you or others using your account are your responsibility. You, and not Service Provider, are entirely responsible for all Content that you, or others to whom you provide access, send, post, or otherwise make available via the Service. Service Provider does not control the Content made available via the Service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content for any particular viewer. By using the Service, you may be exposed to Content that is offensive, indecent or objectionable, including spam, or which may contain viruses, and other destructive elements. Under no circumstances will Service Provider or its suppliers 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 or viewing of any Content posted, emailed, transmitted or otherwise made available via the Service.
