| 1. USER'S REGISTRATION
OBLIGATIONS
In consideration of use of these electronic mail services,
User agrees to: provide true, accurate,
current, and complete information about User as prompted
by the registration form;
and to maintain and update this information to keep
it true, accurate, current,
and complete. If any information provided by User is
untrue, inaccurate, not current,
or incomplete, User's account will be terminated and
refuse any and all current and/or
future use of these electronic mail services.
2. USER CONTENT
AW Enterprises reserves the right to remove any public
content posted by a User that
violates any law or condition of this Agreement, upon
notice of such violation.
User acknowledges and agrees that AW Enterprises, Client
and their third party
service providers do not endorse the content of any
User communications and are not
responsible or liable for any unlawful, harassing, libelous,
privacy invading,
abusive, threatening, harmful, vulgar, obscene, indecent,
tortious,
or otherwise objectionable content, or content that
infringes or may infringe the
intellectual property or other rights of another.
3. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will be asked to choose the first part of its user
name, which will be
followed by the "@" symbol and lookinawe.co.uk
or awe.serveftp.net as the domain name
(example YourNameHere@lookinawe.co.uk). User agrees
to choose a user name which
is unique, not obscene, unlawful, or otherwise objectionable,
in Street Tuners Inc. sole discretion.
User will receive a designated password and account
upon completing the registration
process for the Services. User is responsible for maintaining
the
confidentiality of the password and account, and is
fully responsible for all
activities that occur under User's account. User agrees
to immediately notify
AW Enterprises. of any unauthorized use of User's password
or account or of any
other breach of security.
4. USER CONDUCT
User agrees to abide by all applicable local, national,
and international laws
and regulations during use of AW Enterprises' electronic
mail Services, and agrees not to interfere with the
use and enjoyment of the electronic mail services by
other users.
User agrees to be solely responsible for the contents
of User's private and public communications, whether
uploaded, posted, electronic mailed, or otherwise transmitted
through the AW Enterprises network.
User agrees: (a) not to use these electronic mail services
for illegal purposes;
(b) not to interfere with or disrupt the electronic
mail services or servers or networks
connected to the electronic mail services; (c) to comply
with all requirements, procedures,
policies, and regulations of networks connected to the
electronic mail services;
(d) not to resell these electronic mail services or
use of or access to these electronic mail services;
and (e) to comply with all applicable laws regarding
the transmission of technical data
exported from the United Kingdom.
User agrees not to upload, post, electronic mail, or
otherwise transmit through these electronic mail services:
any unlawful, harassing, libelous, privacy invading,
abusive, threatening, harmful,
vulgar, obscene, indecent, tortuous, or otherwise objectionable
material of any kind;
any material that violates the rights of another, including,
but not limited to,
the intellectual property rights of another; (c) any
material that violates any applicable
local, state, national, or international law or regulation;
or (d) unsolicited or
unauthorized advertisements, promotional materials,
"junk mail," "spam," "chain
letters,"
or other forms of solicitation. User agrees not to attempt
to gain unauthorized access to
other computer systems or networks connected to these
electronic mail services.
User acknowledges and agrees that AW Enterprises may
ban User from future use
of these electronic mail and other services if User
does not comply with AW Enterprises
standards of conduct, even if User attempts to use these
electronic mail and other services
through another Client or under a different name. Furthermore,
User acknowledges and agrees that AW Enterprises may
recover damages from User
if User violates these terms.
5. INDEMNITY
User agrees to indemnify and hold AW Enterprises, Client,
and their third party service providers, and their parents,
subsidiaries, affiliates,
officers, and employees, 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 these electronic mail services,
User's connection to these electronic mail services,
User's violation of this Agreement,
or User's violation of any rights of another party.
6. STORAGE OF COMMUNICATIONS
AW Enterprises, Client, and their third party service
providers assume no responsibility
for the deletion or failure to store electronic mail
messages, communications,
or other content maintained or transmitted through these
electronic mail services. AW Enterprises
may establish in its sole discretion an upper limit
on the extent of message storage it will
maintain for User.
7. TERMINATION
User agrees that AW Enterprises, terminate User's password,
account, or use of these electronic mail services if
AW Enterprises, Client, or their third party service
providers believe:
that User has violated or acted inconsistently with
the letter or
spirit of this Agreement; or (ii) that User has violated
the rights of
AW Enterprises, Client, or their third party service
providers or other
Users or parties. User further agrees that AW Enterprises.,
Client,
and their third party service providers may terminate
User's password,
account, or use of these electronic mail services if
User a.)
fails to use these electronic mail services at least
one time within ten days after
initial registration (the "Initial Period");
or b.) fails to use
these electronic mail services at least one time during
any consecutive 30-day period
following the Initial Period.
(b) User agrees AW Enterprises and Client may immediately
delete User's account
and all related information, communications, and files,
and may bar any further
access to such account, communications, files, or these
electronic mail services
under any provision of this Agreement. User also acknowledges
and agrees
that termination of any of these electronic mail services
may be effected
without prior notice.
8. LINKS
These electronic mail services may provide, or users
may include, links to other Web sites or resources.
However, User agrees not to include in electronic mail
or community postings (or elsewhere via the Services)
any "deep link" which leads to a web page,
other than the home page, of another party's web site
unless such a link is authorized by the owner of that
web site. User acknowledges and agrees AW Enterprises
are not responsible for the availability of such external
sites or resources, or for User's use of deep links,
and that AW Enterprises, Client, and their third party
service providers do not endorse and are not responsible
or liable for any content, advertising, products, or
other materials on or available from such sites or resources.
9. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including,
but not limited to, text, software,
music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information
presented to User through these electronic mail services
or third party advertisers is protected by copyrights,
trademarks, service marks, patents, or other proprietary
rights and laws.
User acknowledges and agrees that User is permitted
to use this material and information only
as expressly authorized by AW Enterprises, Client, or
advertisers, as applicable,
and may not copy, reproduce, transmit, distribute, or
create derivative works of such content
or information without such express authorization.
10. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THESE ELECTRONIC MAIL
SERVICES IS AT USER'S SOLE RISK.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
AW ENTERPRISES, CLIENT, AND THEIR THIRD PARTY SERVICE
PROVIDERS EXPRESSLY DISCLAIM
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.
AW ENTERPRISES, CLIENT, AND THEIR THIRD PARTY SERVICE
PROVIDERS MAKE NO WARRANTY THAT
THESE ELECTRONIC MAIL SERVICES WILL MEET USER'S REQUIREMENTS
OR THAT THE ELECTRONIC MAIL SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES AW ENTERPRISES,
CLIENT, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THESE ELECTRONIC MAIL SERVICES, OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THESE ELECTRONIC MAIL SERVICES, OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT,
DATA, OR OTHER MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS
OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT
USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S
COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL OR DATA.
AW ENTERPRISES, CLIENT AND THEIR THIRD PARTY SERVICE
PROVIDERS MAKE NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
OR FROM THESE ELECTRONIC MAIL SERVICES OR ANY
TRANSACTIONS ENTERED INTO THROUGH THESE ELECTRONIC MAIL
SERVICES.
11. LIMITATION OF LIABILITY
USER AGREES THAT AW ENTERPRISES., CLIENT AND THEIR THIRD
PARTY SERVICE PROVIDERS SHALL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM THE
USE OR THE INABILITY TO USE THESE ELECTRONIC MAIL SERVICES,
OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED,
OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THESE ELECTRONIC MAIL SERVICES,
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA, OR OTHER INTANGIBLES,
EVEN IF AW ENTERPRISES, CLIENT, OR THEIR THIRD PARTY
SERVICE PROVIDERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT AW ENTERPRISES, CLIENT, AND
THEIR THIRD PARTY SERVICE PROVIDERS
SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION, OR TERMINATION
OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER
SUCH INTERRUPTION, SUSPENSION,
OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT.
Please be aware that there is a risk involved whenever
downloading electronic mail attachments to
your computer or sending electronic mail attachments
to others and that, as provided in the
Terms of Service, neither AW Enterprises nor its licensors
are responsible for
any damages caused by your decision to do so.
12. AMENDMENT
AW Enterprises may modify this Agreement at any time,
and such modifications
shall be effective immediately upon posting or other
method of notification to User,
which notice may be provided on the Web pages through
which User accesses or uses
THESE ELECTRONIC MAIL Services. User's continued access
or use of THESE ELECTRONIC MAIL Services
shall be deemed to be User's conclusive acceptance of
the modified Agreement. |
