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TERMS OF USE

USA.NET requires that visitors to its website ("you") located at www.usa.net (the "Site") adhere to the following terms and conditions ("Terms of Use"), which will constitute a valid, electronic agreement between you and USA.NET for your use of the Site and the Services (below).

You must adhere to these Terms of Use for so long as you are using the Site or Services. The most current version of the Terms of Use is available to visitors of the Site by clicking on the "Legal" hypertext link at the bottom of each page of the Site.

USA.NET may make available to you via the Site, a variety of information and resources, which may include programs for download, product information, newsletters, information available through hypertext links to other sites and services, and communication forums, including any updates made available from time to time (the "Services"). Your access to the Site and use of the Services are subject to these Terms of Use and all applicable laws and regulations. You may not modify these Terms of Use. USA.NET may modify these Terms of Use and if so, the amended Terms of Use will be posted to the "Legal" hypertext link on the bottom of each page of the Site. Please read these Terms of Use carefully. You are responsible for reviewing these Terms of Use with each visit to the Site. If any terms contained herein conflict with the terms contained in any offer or elsewhere on the Site, these Terms of Use shall control.

1. YOUR RESPONSIBILITIES. You acknowledge that USA.NET is not responsible or liable, and does not control, the content of information that may be posted to the Site or on the Services by you or other visitors to the Site. You are not permitted to post any content that (a) infringes on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (d) contains viruses or other similar harmful or deleterious programming routines; (e) damages, disables, overburdens, or impairs the Site or any other party's use of the Site; or (f) contains hyperlinks to any sites that do or are. Complaints regarding abuse of the Site, the Services, or a violation of these Terms of Use should be sent to abuse@usa.net.

2. PRIVACY. USA.NET considers your registration data, credit card information, and other personal information that you may provide via the Site or Services, to be private. However, USA.NET may monitor and disclose any personal information that you provide, to the extent permitted by law, for the purpose of ensuring your compliance with these Terms of Use or to protect the rights, property, or interests of USA.NET or any third party. Messages that you send to USA.NET through the Site or Services will be received with your name and Internet Protocol ("IP") address contained within the header of your message. We will not intentionally monitor or disclose any personal information or data that you may post to the Site or the Services unless required to do so (i) to enforce these Terms of Use; (ii) by law; (iii) to defend USA.NET in any action; or (iv) to protect USA.NET property. Additionally, you agree to respect the privacy and confidentiality of others using the Site or Services. You understand and agree that USA.NET may disclose statistics about your registration information in connection with its marketing activities; provided however, USA.NET will only disclose such information in the aggregate. Additional information about USA.NET's privacy policy can be found at the following hypertext link: http://www.usa.net/privacy.html.

3. COPYRIGHT NOTICE. All information and content such as text, software, music, sound, photographs, graphics, video, or other material which may be protected by copyrights, trademarks, or other intellectual property rights and laws available on or through the Site or Services ("Content") is protected by copyright (© 2008 USA.NET, Inc. All rights reserved.). You are prohibited from modifying, downloading, copying, posting, distributing, transmitting, displaying, reproducing, publishing, selling, licensing, or creating derivative works of any Content, without obtaining the permission of USA.NET, Inc. or the owner of such Content. Any Content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to personal liability or criminal prosecution. For more information on USA.NET's Copyright Notice, please click here.

USA.NET respects the intellectual property rights of others, and therefore complies with the Digital Millennium Copyright Act ("DMCA"). USA.NET has designated with the U.S. Copyright Office, an agent to receive notice of alleged copyright infringement under the DMCA. If you believe that a copyrighted work has been infringed by a user of the Site or Services under DMCA, please click here. USA.NET reserves the right to remove any allegedly infringing material from the Site or Services. USA.NET will have no liability to any user of the Site or Services, or to any third party, for the removal of such material.

4. TRADEMARKS. The trademarks, logos, service marks, taglines, and domain names displayed on the Site ("Trademarks") are the property of USA.NET or the Trademarks' respective owners. You are prohibited from using any Trademarks for any purpose without the written permission of USA.NET or the owner of the Trademarks. For additional information on use of the Trademarks, please review the USA.NET Trademark Guidelines available at www.usa.net/legal/trademark-guidelines.asp.

5. DISCLAIMER OF WARRANTIES. USA.NET uses reasonable efforts to provide accurate, complete and current Content on the Site, however USA.NET does not guarantee that the Content is accurate, complete, or current. The Site or Services may enable you access to other Internet sites and third party material via hypertext links. USA.NET does not endorse, control, verify the accuracy of, nor is it responsible for, any Content posted to the Site, unless specifically posted by USA.NET, including Content available through hypertext links.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USA.NET MAY CHANGE THE FEATURES OR FUNCTIONALITY OF THE SITE OR SERVICES AT ANY TIME, IN ITS SOLE DISCRETION. USA.NET 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.

USA.NET MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE; NOR DOES USA.NET MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SITE OR SERVICES, OR THAT ANY DEFECTS IN THE SOFTWARE USED TO PROVIDE THE SITE OR SERVICES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOU OBTAINING SUCH CONTENT. ADDITIONALLY, USA.NET MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, OR ANY TRANSACTIONS YOU ENTER INTO THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM USA.NET, OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

6. LIMITATION OF LIABILITY. USA.NET SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING ANY THIRD PARTY MATERIAL ACCESSED VIA A HYPERTEXT LINK, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ERRORS, OR OMISSIONS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. Some States do not allow the limitation of liability so the foregoing may not apply to you.

7. MISCELLANEOUS. These Terms of Use will be governed by and construed in accordance with the laws of the State of Colorado without giving effect to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the courts located in the county of El Paso, Colorado. If any provision of Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any failure on the part of USA.NET to act with respect to your breach of these Terms of Use does not waive USA.NET's right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and USA.NET regarding your use of the Site. These Terms of Use and all documents relating hereto have been drafted and shall be interpreted in English.

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