Mailfriends_Terms_Of_use

Introduction

Welcome to Mailfriends the social networking service that allows
Members to find and communicate with old and new friends. The Services
offered by Mailfriends include the Mailfriends.com Website (the
"Website"), the penpalfriends.net, mailfriends.com, mailfriends.org,
penpal-friends.com, penpalfriend.com, penpalfriend.net Websites, and
any other features, content, or applications offered from time to time
by Mailfriends in connection with the Website (collectively, the
"Services"). By using the Mailfriends Service you accept and agree to
be bound by the following terms and conditions (the 'Terms of
Service'). Where applicable under law, these Terms constitute a
'writing signed by you. Mailfriends.com is a division of IO1 Limited,
incorporated in the UK, hereafter referred to as mailfriends or
Mailfriends.com.
This Terms of Service ("Agreement") sets forth the legally binding
terms for your use of the Services. By using the Services, you agree to
be bound by this Agreement, whether you are a "Visitor" (which means
that you simply browse the Website) or you are a "Member" (which means
that you have registered with Mailfirends.com). The term "User" refers
to a Visitor or a Member. You are only authorized to use the Services
(regardless of whether your access or use is intended) if you agree to
abide by all applicable laws and to this Agreement. Please read this
Agreement carefully and save it. If you do not agree with it, you
should leave the Website and discontinue use of the Services
immediately. If you wish to become a Member, communicate with other
Members and make use of the Services, you must read this Agreement and
indicate your acceptance at the end of this document before proceeding
to the Registration process.

1Changes to Mailfriends.com and the Terms of Service

We reserve the right, at our sole discretion, to change,
modify, add, or delete portions of these Terms of Service at any time
without further notice. If we do this, we will post the changes to
these Terms of Service on this page and will indicate at the top of
this page the Terms of Service's effective date. Your continued use of
the Web site after any such changes constitutes your acceptance of the
new Terms of Service. You are responsible for regularly reviewing these
Terms of Service so that you will be aware of any changes.

2Eligibility and Registration

You must be 12 years or older to use the Mailfriends Service.
By registering for the Mailfriends Service, you represent and warrant
that you are 12 or older and that you have the capacity to understand,
agree to and comply with these Terms of Service. You should provide
true, accurate and complete registration information to be a
Mailfriends.com user ('user'). As part of the registration process, you
will be asked to select a username and password and you will be
responsible for all activities occurring under your username and for
keeping your password secure. We may refuse to grant you a username
that impersonates someone else, is or may be protected by trademark or
proprietary rights law, or is vulgar, offensive or otherwise
inappropriate, as determined by us in our sole discretions.

3Member Conduct and Appropriate Content

The Mailfriends Service is made available for your personal,
non-commercial use only. You may not use the Mailfriends Service for
any illegal or unauthorized purpose. International users agree to
comply with all local rules regarding on-line conduct and acceptable
content, including laws regulating the export of data from the United
States or your country of residence. You are solely responsible for
your conduct and any data, text, information, graphics, photos,
profiles, audio and video clips, links and other content ('Materials')
that you submit, post, and display on the Mailfriends Service.
We may, but shall have no obligation to, remove Materials that we
determine in our sole discretion are unlawful, fraudulent, threatening,
libellous, defamatory, obscene or otherwise objectionable, or infringes
or violates any party's intellectual property or other proprietary
rights or these Terms of Service. Further, under no circumstances does
Mailfriends have any obligation to check the accuracy or truthfulness
of the any Materials, nor to monitor any User's use of the Mailfriends
Service. If you become aware of misuse of the Services by any person,
please contact Mailfriends.
Mailfriends reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting by you, or to restrict, suspend,
or terminate your access to all or any part of the Services at any
time, for any or no reason, with or without prior notice, and without
liability.
Some examples of unacceptable postings might include the following.
However this should not be seen as an extensive list. The final
decision on what is deemed as an inappropriate posting rests with the
operators of Mailfriends

You should not

Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
Publish,
distribute and/ or disseminate any harmful, obscene, indecent,
unlawful, libellous, profane, defamatory, infringing, inappropriate,
hateful, or racially, ethnically or otherwise objectionable material or
information.
Use other Members' personal data for purposes
other than establishing contact that is reasonably expected to be
welcomed by such other Members
Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
Submit
Materials of any third party without such third party's prior written
consent, or Materials that falsely express or imply that such Materials
are sponsored or endorsed by Mailfriends
Create a false or
misleading identity of, including, but not limited to, a Mailfriends
employee, or falsely state or otherwise misrepresent your affiliation
with a person or entity, for the purpose of misleading others as to the
identity of the sender or the origin of a message or to harvest or
otherwise collect information about others.
Transmit,
email or post any material that contains in any form software viruses
or such programs as including but not limited to, Trojan horses, worms,
time bombs, cancel-bots, computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment.
Use the
Mailfriends Service in any unlawful manner or in any other manner that
could damage, disable, overburden or impair the website.
Attempt
to gain unauthorized access to the Mailfriends Service, other accounts,
computer systems or networks connected to the Mailfriends Service,
through password mining or any other means.
Modify, adapt,
translate, or reverse engineer any portion of the Mailfriends Service,
or use any robot, spider, site search/retrieval application, or other
device to retrieve or index any portion or the Mailfriends Service.
Reformat or frame any portion of the web pages that are part of the Mailfriends Service.
Disseminate
content that infringes any patent, trademark, trade secret, copyright,
rights of privacy or publicity, or other proprietary right of any party
or infringes any intellectual property law or any other applicable law.
Remove any copyright, trademark or other proprietary rights notices contained in or on the Mailfriends Service.
Disseminate
any unsolicited or unauthorized advertising, promotional materials,
'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other
form of such solicitation.
Interfere with another Member's use and enjoyment of the Mailfriends service.
Harvest
or collect email addresses or other contact information of Members,
including usernames, from the Mailfriends website by electronic or
other means.

4Proprietary Rights in Content on Mailfriends

By displaying or publishing ("posting") any Content, messages, text,
files, images, photos, video, sounds, profiles, works of authorship, or
any other materials (collectively, "Content") on or through the
Services, you hereby grant to Mailfriends, a non-exclusive, fully-paid
and royalty-free, worldwide license (with the right to sublicense
through unlimited levels of sublicensees) to use, copy, modify, adapt,
translate, publicly perform, publicly display, store, reproduce,
transmit, and distribute such Content on and through the Services. This
license will terminate at the time you remove such Content from the
Services. You represent and warrant that: (i) you own the Content
posted by you on or through the Services or otherwise have the right to
grant the license set forth in this section, and (ii) the posting of
your Content on or through the Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other
rights of any person. You agree to pay for all royalties, fees, and any
other monies owing any person by reason of any Content posted by you to
or through the Services. Mailfriends and its affiliates and licensors
own and retain all rights in the Mailfriends Web site and Mailfriends
Service, which contain proprietary and confidential information that is
protected by applicable intellectual property and other laws, including
without limitation all (1) text, (2) software, (3) photographs, (4)
graphics, (5) page layout, and (6) design presented through and as part
of the Mailfriends Service. Except as expressly authorized by
Mailfriends, you may not copy, modify, publish, transmit, distribute,
perform, display or sell any of Mailfriends proprietary information

5Copyright Policy

Mailfriends respects the intellectual property rights of
others. If you believe your work has been copied in a way that
constitutes copyright infringement or are aware of any infringing
material on the Web site, please contact us and provide us with the
following information: an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has been
infringed; a description of where the material that you claim is
infringing is located on the Web site (including a URL and/or screen
shot); your address, telephone number, and email address; a written
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.

6Termination of Service

Mailfriends may, in its sole discretion and at any time,
discontinue temporarily or permanently providing the Mailfriends
Service, or any part thereof, with or without notice. You agree that
any termination of access to the Mailfriends Service under any
provision of the Terms of Service may be effected without notice, and
acknowledge and agree that Mailfriends may immediately deactivate or
delete your account and all related information and files in your
account and/or bar any further access to such files or the Mailfriends
Service. Where possible, Mailfriends will use reasonable efforts to
give Members fair notice of termination or suspension of their access
to the Mailfriends Service. Further you agree that Mailfriends shall
not be liable to you or any third party for any termination or
suspension of access to the Mailfriends Service or modification of the
Mailfriends Service.

7Member Disputes.

You are solely responsible for your interactions with other Mailfriends
Users. Mailfriends reserves the right, but has no obligation, to
monitor disputes between you and other Users.

8Privacy.

Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

9Disclaimers.
Mailfriends is not responsible for any incorrect or inaccurate Content
posted on the Website or in connection with the Services provided,
whether caused by Users of the Services or by any of the equipment or
programming associated with or utilized in the Services. Profiles
created and posted by users on Mailfriends may contain links to other
websites. Mailfriends is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by
Mailfriends. Inclusion of any linked website on Mailfriends does not
imply approval or endorsement of the linked website by Mailfriends.
When you access these third-party sites, you do so at your own risk.
Mailfriends takes no responsibility for third party advertisements
which are posted on this Website or through the Services, nor does it
take any responsibility for the goods or services provided by its
advertisers. Mailfriends is not responsible for the conduct, whether
on-line or off-line, of any User of the Services. Mailfriends assumes
no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration
of, any User or Member communication. Mailfriends is not responsible
for any problems or technical malfunction of any telephone network or
lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical
problems or traffic congestion on the Internet or on any of the
Services or combination thereof, including any injury or damage to
Users or to any person's computer related to or resulting from
participation or downloading materials in connection with the Services.
Under no circumstances shall Mailfriends be responsible for any loss or
damage, including personal injury or death, resulting from use of the
Services, attendance at a Mailfriends event, from any Content posted on
or through the Services, or from the conduct of any Users of the
Services, whether online or offline. The Services are provided "AS-IS"
and as available and Mailfriends expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. Mailfriends
cannot guarantee and does not promise any specific results from use of the Services.

YOU AGREE THAT YOUR USE OF THE MAILFRIENDS SERVICE IS ENTIRELY AT YOUR OWN RISK.

10Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at Mailfriend's request
defend, Mailfriends, its parents, subsidiaries, and affiliates, and
their respective owners, officers, managers, members, agents, and
employees, from and against any third party claim arising from or in
any way related to your use of or conduct on the Mailfriends Service,
including any liability or expense arising from all claims,
liabilities, losses, damages (actual and consequential), suits,
judgments, litigation costs, expenses, and attorneys' fees, of every
kind and nature. In such a case, Mailfriends will provide you with
written notice of such claim, suit or action
Such limitation of liability shall apply (i) whether the damages arise
from use or misuse of and reliance on the mailfriends service, from
inability to use the mailfriends service, or from the interruption,
suspension, or termination of the mailfriends service (including such
damages incurred by third parties), and (ii) notwithstanding any
failure of essential purpose of any limited remedy and to the fullest
extent permitted by law. If you are dissatisfied with the Mailfriends
service or any part of the Mailfriends service your sole and exclusive
remedy is to discontinue using the Mailfriends service and its related
website. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation and
exclusions may not apply to you. Under no circumstances shall
Mailfriends be liable to you for any amount exceeding one hundred
dollars ($100).

11Notices

Mailfriends may provide you with notices regarding the
mailfriends.com Service or these Terms of Mailfriends Service by
regular mail, email, or postings to this Web site.

12Legal Compliance

You shall comply with all applicable domestic and international
laws, statutes, ordinances, regulations, contracts and applicable
licenses regarding your use of the Mailfriends Services.

13Other.

This Agreement is accepted upon your use of the Website or any
of the Services and is further affirmed by you becoming a User. This
Agreement constitutes the entire agreement between you and Mailfriends
regarding the use of the Services. The failure of Mailfriends to
exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or
contractual effect. Mailfriends is a trademark of Mailfriends. This
Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect
the validity and enforceability of any remaining provisions.

14Miscellaneous

These Terms of Service will be governed by and construed in accordance
with the laws of the United Kingdom, without giving effect to its
conflict of laws provisions or your actual state or country of
residence. You shall not assign these Terms of Service or assign any
rights or delegate any obligations hereunder, in whole or in part,
whether voluntarily or by operation of law, without our prior written
consent. Any such purported assignment or delegation will be null and
void and of no force or effect.
Without limiting the foregoing, under no circumstances shall
Mailfriends be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes
beyond its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes,
labour disputes, riots, insurrections, civil disturbances, shortages of
labour or materials, fires, floods, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or fluctuations
in heat, light, or air conditioning.