|
The following terms and conditions (the “Terms and Conditions”) govern your
use of the website (this "Site") of Peer-to-Peer and any services contained within the Site. By
using or downloading any materials from this Site, you agree to these Terms and
Conditions 1. Copyrighted
Information and Copyright Agent . Please note that the pages on the Site
may contain other proprietary notices and copyright information, the terms of
which must be observed and followed.
Unless otherwise noted,
all information, text, articles, data, images, Documents (as defined below),
software or other materials (collectively hereinafter referred to as the
"Materials") contained on any page within this Site are copyrighted by
Peer-to-Peer (hereinafter
collectively referred to as the "Copyright Holder"). Title to copyright in the
Materials will at all times remain with the Copyright Holder. You may only use,
download or copy the Materials contained in the Site in accordance with the
Terms and Conditions. Any permitted copies of the Materials must retain the
copyright notice, and any other proprietary notices contained in such Materials.
Unless otherwise provided in the Terms and Conditions, you may not edit, modify
or make use of the Materials without the express, prior written consent of
Peer-to-Peer. You may not use any content contained in the Materials in any
manner that may give a false or misleading impression or statement as to
Peer-to-Peer, the Copyright Holder, or any third party referenced in the
Materials. Nothing on this Site shall be construed as conferring any license
under any Copyright Holder's intellectual property rights, whether by estoppel,
implication or otherwise. You agree to use the Site and the Materials and
services and products on the Site or accessible via the Site only for lawful
purposes. Peer-to-Peer MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS
ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.
Except as specifically provided in these
Terms and Conditions, any reproduction, distribution, replication or
retransmission of any information contained on this Site without the prior
written consent of Peer-to-Peer is strictly prohibited.
2. Disclaimers and Limitation on
Liability.
(A) DISCLAIMER OF WARRANTIES.
THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE
PROVIDED "AS IS," AND Peer-to-Peer MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS.
Peer-to-Peer DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY.
Peer-to-Peer DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE
VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN
TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. Peer-to-Peer RESERVES THE
RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT
NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT
NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD
PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE.
Peer-to-Peer MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY,
TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. Peer-to-Peer IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY
INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY.
NEITHER Peer-to-Peer NOR ANY OF ITS MEMBERS,
DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS
OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS,
EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION
OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA,
INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD
PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE
PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE
AND WILL NOT MAKE ANY CLAIM AGAINST Peer-to-Peer FOR LOST DATA, RE-RUN TIME,
INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE
MATERIALS.
3. Links to Third Party Sites.
Any other web sites that are
accessible via any link on this Site are not under the control of
Peer-to-Peer. Peer-to-Peer is not responsible for the contents of any
linked site or any link contained in a linked site, or any changes or updates to
the information contained in such sites. Peer-to-Peer provides the linked
sites to you only as a convenience and the inclusions of any such link on the
Site does not imply Peer-to-Peer endorsement of the site, the organization
operating such site, nor any products or services of that organization. Your
linking to any off-site pages or other sites is entirely at your own risk.
4. Governing Law; Venue for any
Proceedings. Any action,
proceeding, dispute, claim or controversy arising out of or relating to this
Site or these Terms and Conditions, or any Peer-to-Peer services offered on
or accessed via the Site, shall (i) be governed by Massachusetts State law and
controlling U.S. federal law, without application of any choice of law rules and
(ii) be subject to the exclusive jurisdiction of the courts of the State of
Massachusetts located in Suffolk County or of the United States District Court
of the Eastern District of Massachusetts, and you hereby submit to the
jurisdiction of said courts.
5. Complete Agreement; Changes to the
Terms and Conditions. These Terms
and Conditions represent the entire understanding relating to the use of the
Site and prevail over any prior or contemporaneous, conflicting or additional,
communications. Peer-to-Peer shall have the right to revise and modify the
Terms and Conditions at any time by posting the revised Terms and Conditions on
the Site. Any use of the Site after such posting shall be deemed to constitute
acceptance of the revised Terms and Conditions by the user.
6. Indemnification.
You agree to defend, indemnify, and hold harmless Peer-to-Peer its
officers, directors, employees, members, agents and affiliates from and against
any claims, actions or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from your breach of the Terms and
Conditions. Peer-to-Peer shall provide notice to you promptly of any such
claim, suit, or proceeding and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
7.
Termination.
Peer-to-Peer reserves the right to immediately terminate your access and
use of the Site, or any services, in the event of any conduct by you
or through your account which Peer-to-Peer, in its sole discretion,
considers to be unacceptable, or in the event of any breach by you of the Terms
and Conditions.
Without limiting the foregoing,
accounts that generate excessive SPAM will be terminated immediately. Excessive
SPAM is considered to be a constant flood of SPAM messages which may cause a lag
or damage to Peer-to-Peer's network. Also, accounts that become delinquent
(overdue
payments by 14-days) will be terminated.
Upon termination, you agree to cease all use of this Site and Peer-to-Peer
services.
8. Cancellation: You (the customer) may
cancel service at anytime. Accounts cancelled up to one day before
the next billing cycle will not be charged for the following month.
Cancellations are not pro-rated so there are no refunds for unused portions of
the month in which you cancel.
9. Definition of a 'User': Each
email address (including email aliases) designated to receive mail at yourdomain.com
is considered to be one 'User'.
9. Mailbox Filtering: Provides
protection for one 'User' (email address) only.
10. Sub-Domains, Alias Domains, Second-Level
Domains: Sub-Domains, Alias Domains and Second Level Domains are
all considered FQDN's (Fully Qualified Domain Names). Each FQDN is
considered to be a separate domain and will be treated as a separate account.
Peer-to-Peer's definition of an 'Entire Domain' covers every email address
within your FQDN (except forwarded mail - see next paragraph).
11. Forwarded Mail: Mail that is
forwarded to your FQDN on a permanent or consistent basis will not be filtered
and in most cases will be rejected by Peer-to-Peer. Forwarding is not
allowed from any domain that does not have an account with Peer-to-Peer.
12. Questions. Please
contact us with any questions you have about
these Terms and Conditions
|