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The following Terms and Conditions constitute a legally binding agreement (the "Agreement") between you ("You" or the "Client") and LifeName Inc. ("LifeName") regarding subscriptions to the LifeName email forwarding service ("Service"). The Agreement constitutes the entire agreement between the parties and supersedes all prior agreement between the parties regarding the subject matter contained herein. BEFORE YOU CHOOSE TO CLICK THE PURCHASE LIFENAME BUTTON ON THE SUBSCRIBE PAGE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHOOSING TO CLICK THE PURCHASE LIFENAME BUTTON YOU ARE REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT REPRESENT THE FOREGOING, DO NOT CLICK THE PURCHASE LIFENAME BUTTON AND DO NOT USE THE SERVICES CONTAINED ON THIS SITE. · SERVICES OFFERED The Services offers users the ability to own the same email address for the user’s entire life. LifeName is a mail forwarding service taking all of the users’ emails sent to their LifeName email address and automatically forwarding it to the user’s current email account (called virtual hosting). · MAIL FORWARDING SERVICES You may not, without express written permission from LifeName, mirror the pages available on the LifeName.com website or any results pages thereof on your website or on any device that allows Internet access, including, without limitation, Personal Digital Assistants (PDA's) or mobile phones. You understand that LifeName does not review the email messages transmitted through the Service. You assume sole and exclusive responsibility for use of the email forwarding service. By way of illustration only, and in no way limiting of the foregoing, LifeName is not responsible for any defects, lost messages and/or risks that exist in the mail forwarding Service, or any resulting loss or problems associated with any such defects or risks. Such defects and/or risks include, without limitation, the risk of loss of Source Material(s) sent over the Internet, the lack of confidentiality of material sent over the Internet, the passing of viruses and the inaccuracy of messages rendered by the mail forwarding service. LifeName will not guarantee assistance, including any technical or customer support, in the use of the mail forwarding service, and your use of the mail forwarding service is at your own risk. The mail forwarding service is provided "AS IS" and in accordance with the disclaimers set forth below. LifeName reserves the right to refuse a user or email address at its discretion for any reason or no reason whatsoever, including, without limitations, reasons relating to the size, usability and/or subject matter of the mesage(s). In instances in which VAT is chargeable, it shall be in addition to the fee. Additional charges may be made for all expenses incurred by LifeName at the request of, or by agreement with, You, which are not included in your confirmation of the order acknowledgment or which LifeName considers reasonably necessary for the completion of the work or any legitimate purpose associated with it. · ACKNOWLEDGEMENT OF AGREEMENT Following submission of the registration form and completion of the needed information by You online, LifeName will provide You with an acknowledgment confirming the order. Each order when accepted constitutes a separate agreement and is governed by these Terms and Conditions. If You for any reason request cancellation of the email forwarding service that You have commissioned, charges will not be refunded for the remainder of the term. · QUALITY ISSUES LifeName shall use reasonable efforts to provide Services at the highest grade, nature and quality, according to industry standards. Should any other additional costs be incurred, LifeName reserves the right to charge for those as well. LifeName reserves the right to destroy or otherwise dispose of any message or other property belonging to You which has been in LifeName's custody for more than two (2) days following reception of the message. LifeName shall use reasonable efforts to complete and deliver the message to you within a commercially reasonable time frame. · CONFIDENTIALITY LifeName shall treat all messages, email addresses and demographic information supplied by You as confidential. Absent your prior consent, LifeName shall not divulge or otherwise disclose messages, email addresses and demographic information to any person other than authorized employees or authorized subcontractors of LifeName. The provisions of this paragraph shall not apply to the extent the messages, addressees or information: (1) is or became known to LifeName without an obligation to maintain its confidence; (2) is or became generally known to the public without violation of any confidentiality restriction; or (3) LifeName is required by law to divulge such information. · PRIVACY POLICY LifeName, Inc. takes personal privacy seriously, and shares your concerns about the protection of your personal information online. This, above all, is our guiding policy regarding the privacy of the information we represent. Please read our detailed PRIVACY POLICY amendment to this agreement. · PAYMENT TERMS Payment can only be made by a valid credit card. Payment functionality and encryption is handled by a secure third party. Where non-validation occurs, LifeName has no commitment to the customer. LifeName has the right to sue the registered user for any use of a fraudulent credit card number on its site. · SITE CONTENT AND INTELLECTUAL PROPERTY All rights to the Content (defined herein) and Services are exclusively reserved to LifeName. You acknowledge that the LifeName website may contain information, communications, software, photos, text, video, graphics, music, sounds, images, methodologies, innovations, know-how, databases and other material and services ("Content"), which are provided by LifeName or by licensors of LifeName. You agree and acknowledge that the Content and its use, and the use of this Site, are protected by copyright, trademark, and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided for in this Agreement, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. The LifeName website is protected by copyright, pursuant to United States copyright laws, international conventions and other copyright laws. Except as set forth in this Agreement, You may not, in whole or in part, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms and Conditions), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, or materials used in connection with the LifeName website. · WARRANTIES By using the Services hereunder, You hereby: Represent and warrant that You are at least 18 years of age and possess the legal authority to enter into this Agreement and agree with all Terms and Conditions herein. You agree to supervise any and all usage by minors under your name or account. You also represent and warrant that all information supplied by You is true and accurate. Any and all speculative, false or fraudulent information is prohibited, without limitation. You agree that the subscription shall be used only for legitimate and lawful purposes by You or by another person on whose behalf You are legally authorized to act. You must keep confidential and not send or disclose your username or password to anybody other than LifeName. You accept and assume total responsibility for all aspects of use of the Services by all persons using your username and password. LifeName reserves the right in its sole discretion to refuse to provide the Services at any time. You agree that LifeName may suspend or deny further access to the Site or the Services for any reason whatsoever, or for no reason at all, including, without limitation, violation of these Terms and Conditions. You are not entitled to a credit or refund for loss of access during the suspension period. · TERM AND TERMINATION In the event You breach this Agreement, LifeName shall have the right to terminate the Agreement immediately or any time thereafter, whereupon You will not be refunded any fees paid to LifeName. In the event that LifeName breaches this Agreement, You shall have the right to terminate this Agreement, whereupon LifeName shall return to You all refunds due. Neither party shall be deemed to be in breach or default of any provision of this Agreement by reason of a delay, or of a failure in performance due to any causes beyond its control. If this Agreement is terminated, LifeName is entitled to a full payment for the work and expenses incurred with respect to your use of Services. · DISCLAIMERS APPLICABLE TO ALL SERVICES THE LIFENAME WEBSITE, THE SERVICES, AND ANY OTHER MATERIALS PROVIDED BY LIFENAME OR THIRD PARTIES THROUGH LIFENAME.COM, ARE PROVIDED "AS IS." LIFENAME MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF THE SITE OR SERVICES, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY OF THE CONTENT, MATERIALS, OR SERVICES PROVIDED THROUGH THE SITE. LIFENAME SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES PROVIDED BY LIFENAME (OR THIRD PARTIES ON BEHALF OF LIFENAME), OR ANY DAMAGE OR LOSS DUE TO INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE, OR DELIVERY OF MESSAGES, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF LIFENAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. LIFENAME MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT THE MAIL FORWARDING SERVICE, INCLUDING, WITHOUT LIMITATION, AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY TRANSMITTED MESSAGE. YOUR CHOICE TO RELY UPON LIFENAME SERVICES IS AT YOUR OWN RISK. · LIMITATION OF LIABILITY LIFENAME'S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, SHALL NOT IN ANY EVENT EXCEED THE ACTUAL PAYMENTS RECEIVED BY LIFENAME IN CONSIDERATION OF A SPECIFIC CUSTOMER. · INDEMNIFICATION You hereby agree to indemnify, defend and hold harmless LifeName and its past and present officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability or costs incurred by the Indemnified Parties in connection with any and all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to any breach by You, or by any other person using your Subscription identification, of these Terms and Conditions, or otherwise arising from the use of the Subscription services, including, without limitation, reasonable attorney fees. You agree to defend, indemnify and hold harmless LifeName from any and all costs, expenses, liabilities, actions or fines arising out of, or in any way connected with, the materials, texts, documents, software or other items delivered to LifeName as a specific message. You shall cooperate as fully as reasonably required in the defense of any claim. LifeName reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. · WRITTEN NOTICE OF COPYRIGHT CLAIMS Claims of infringement should be in writing and should be directed to LifeName as specified below. You should include the following information in the written notice. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LifeName to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be covered. A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Your address, telephone number, and e-mail address. We ask that you place the term "Notice of Infringement" in the subject line of all such notifications, and send the notification to: We will process and investigate all notices of alleged infringement as required by law and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. · MISCELLANEOUS It is strictly to forbidden to link directly to the Services offered on the LifeName website, without the express written permission of LifeName. A hyperlink to the general URL "www.LifeName.com" shall be permitted, provided You do not infringe LifeName's proprietary rights and You abstain from deep-linking or any other unlawful reference. Framing the Site with links, advertisements and/or other information not originating from the Site is expressly prohibited. Neither party shall be liable for failure in the performance of any of its obligations under this Agreement if such failure is caused by circumstances beyond the control of the party affected. Strikes or other labor difficulties that are only capable of being terminated on terms reasonably unacceptable to the party affected shall not be considered circumstances within the control of such party. The Client who contracts with LifeName via e-mail, or more generally via a computer network, or any other similar means of communication, acknowledges that these means of communication possess, notably in terms of evidentiary force, the same validity as that conferred by a writing in a hard copy. The obligations of the parties under this Agreement, which by their nature would continue beyond the termination or cancellation of this Agreement, shall survive such termination or cancellation. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The failure of either party to insist, in any one or more instances, upon the performance of any of the Terms or Conditions of this Agreement, or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right. LifeName reserves the right to change the Terms, Conditions, and notices under which the Site is offered at any time. Such modifications shall be effective immediately upon posting. You agree to review the Agreement periodically to be aware of such modifications, and your continued access or use of the Site or Services shall be deemed to be your acceptance of the modified agreement. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America. Use of the LifeName website Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph. LifeName is a trademark of LifeName Inc. in the United States and/or other countries.
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Copyright 2002, LifeName Inc. All Rights Reserved. |