GoVisalia, Inc., ("GoVisalia")
shall provide e-mail products and services ("the GoVisalia Service") to you ("User") under the terms and conditions
of this GoVisalia User Agreement ("the Agreement"). USER
UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT
WITH GoVisalia AND NOT THE WEB SITE WITH WHOM GoVisalia 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 GoVisalia 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.
PERSONS UNDER 13 MAY NOT SIGN UP FOR THE GoVisalia SERVICE AT THIS
TIME.Acceptable Use Policy
The following policy governs the use of the GoVisalia Service by User.
User will comply with the terms and spirit of the Agreement.
(a) User shall not use the
GoVisalia Service for spamming. Spamming
includes, but is not limited to (1) the bulksending 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, and (9) the
e-mailing of age- inappropriate communications or content to anyone
under the age of 18. GoVisalia has in place a spam monitoring and
control system to reduce spam sent to and from Users. GoVisalia 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.
(b) User shall not use the GoVisalia Service in a manner which
violates any city, state, national or international law or regulation,
or which fails to comply with accepted Internet protocol. User shall not
attempt to interfere in any way with GoVisalia networks or network
security, or attempt to use the GoVisalia Service to gain unauthorized
access to any other computer system.
(c) User shall at all times provide
GoVisalia with accurate
information. User shall immediately notify GoVisalia 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 GoVisalia's
provision of the GoVisalia Service. User shall not resell, rent, lease,
grant a security interest in, or make commercial use of the GoVisalia services without the express written consent of
GoVisalia.
(d) User agrees to use GoVisalia E-mail addresses containing the
names of colleges, universities, celebrities, entertainment properties,
businesses, or teams for personal use only and not for any commercial
purpose.
(e) User agrees not to transfer E-mail address for gain or otherwise.
Transfer of such E-mail address will result in termination of contract
with end user.
Privacy Policy
Review our privacy policy.
Title
Title, ownership rights, and intellectual property rights in all content
and material that is part of, contained in, or accessed through the GoVisalia
Service, and provided by either GoVisalia or sponsors or any other
content provider shall remain the sole property of GoVisalia and/or its
sponsors or any other content provider. User acknowledges and agrees
that certain college, university, team, celebrity or business names
contained within GoVisalia E-mail addresses may represent protected
trademarks and service marks. Such content and materials are protected
by the copyrights, trademark, service mark and patent laws and treaties.
Indemnification
User agrees to indemnify and hold GoVisalia and its licensors, parents,
subsidiaries, affiliates, network partner sites, officers and employees
("Affiliated Parties"), harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of User's use of the GoVisalia Service, the violation of
the Agreement by User, or the infringement by User, or by any other user
of the GoVisalia 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.
Disclaimer of Warranty
GoVisalia EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE GoVisalia SERVICE.
THE GoVisalia 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 GoVisalia SERVICE IS
BORNE BY USER. GoVisalia MAKES NO WARRANTY REGARDING ANY GOODS,
INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE GoVisalia
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.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL GoVisalia 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 GoVisalia SERVICE, THE PERFORMANCE OF
GoVisalia 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 GoVisalia BE
LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT GoVisalia RECEIVED FROM USER
FOR THE GoVisalia SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
AND EXCLUSION MAY NOT APPLY TO USER.
Storage
GoVisalia assumes no responsibility for the deletion or failure to
store, deliver or timely deliver messages. Without limiting the
foregoing sentence, GoVisalia may, from time to time and without
notice, set limit(s) on the number of messages a member may send, store,
or receive through the service, and GoVisalia retains the right to
delete any E-mails above or below such limit(s) as well as to deactivate
any account which is over such limit(s) without any liability
whatsoever, and User hereby releases GoVisalia from any such liability.
Any notice provided by GoVisalia to Users in connection with such
limit(s) shall not create any obligation to provide future notification
regarding any change(s) to such limit(s).
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, GoVisalia may immediately suspend the use of
such GoVisalia E-mail address, and User will indemnify and hold GoVisalia harmless, in accordance with the Indemnification section above, for any
claim or demand against GoVisalia that arises out of such selection.
User acknowledges and agrees that neither GoVisalia nor any of its
licensors shall be liable to User in the event GoVisalia 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 GoVisalia 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 GoVisalia
E-mail address.
Modification
GoVisalia reserves the right to modify the GoVisalia Service as
described in the Agreement and on the site, and to change the terms and
conditions of the Agreement at any time, without notice. Continued use
of the GoVisalia Service after such modifications shall be deemed an
acceptance by the User to be bound by the terms of the modified
Agreement.
Termination
GoVisalia Service may be terminated for any reason, in whole or in
part, effective immediately, by either GoVisalia at any time without
notice and without any liability whatsoever, and User hereby releases GoVisalia
from any such liability. Upon termination, User's right to use the GoVisalia
Service immediately ceases, and GoVisalia is not obligated to forward
any unread or unsent messages to User or any third party. GoVisalia shall not be liable to User or any third party for termination of the
GoVisalia Service. In the case of a terminated paid GoVisalia Service
("Premium Service"), upon written request to GoVisalia, User
shall receive at GoVisalia's option, either i) reimbursement of the
pro-rata portion of the amount paid for the period remaining on User's
account for the terminated Premium Service; or ii) credit for another
Premium Service equivalent to the pro-rata portion of the amount paid
for the period remaining on User's account for the terminated Premium
Service. There shall be no reimbursement or credit if the GoVisalia Service is terminated due to User's violation of the terms of this
Agreement. GoVisalia reserves the right to terminate User's E-mail
address in the event that GoVisalia's rights to use certain domain
names or E-mail addresses terminate or expire. In addition, GoVisalia retains the right, at
GoVisalia's sole discretion, to terminate any and
all parts of the GoVisalia Service provided to User, without refunding
User for any annual fees paid but not yet accrued, if it determines that
User has failed to comply with any of the terms of the Acceptable Use
Policy. If GoVisalia determines that User has failed to comply with any
of the terms of the Acceptable Use Policy above, GoVisalia shall, if
and when it deems it 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 GoVisalia for any direct, indirect,
special, incidental, or consequential damages incurred by GoVisalia as
a result of User's spamming or other prohibited activity.
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.
Action Limit
User and GoVisalia agree that any cause of action arising out of or
related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently
barred.
No Waiver
No waiver on the part of GoVisalia 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.
GoVisalia Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of any GoVisalia
successor companies or assigns.
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.
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.
Governing Law
This Agreement shall be governed by and construed in accordance with the
laws of the State of California applicable to agreements executed and
performed wholly within the State of California.
