The FidoNet / Redmail e-mail services, bulletin board services, chat
areas, news groups, forums, groups, personal web pages, calendars, photo
albums, file cabinets and/or other message or Internet facilities
designed to enable you to communicate with others (collectively,
"Internet Services"). You agree to use the Internet Services only to
post, send and receive messages and material that are proper and, when
applicable, related to the particular Internet Service.
By way of example, and not as a limitation, you agree that when using a
Internet Service, you will not:
- Use the Internet Service in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
- Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consents to do the same.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any topic, name,
material or information that incites discrimination, hate or violence
towards one person or a group because of their belonging to a race, a
religion or a nation, or that insults the victims of crimes against
humanity by contesting the existence of those crimes.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material
- Use any material or information, including images or photographs, which
is made available through the Redmail Sites/Services in any manner
that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property of
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Internet Service specifically allows such messages.
Download any file posted by another user of a Internet Service thatyou
know, or reasonably should know, cannot be legally distributed in such
- Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Internet
- Violate any code of conduct or other guidelines which may be applicable
for any particular Internet Service.
- Harvest or otherwise collect information about others, including e-mail
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of an these Service(s)
or other user or usage information or any portion thereof.
Redmail has no obligation to monitor the Internet Services.
However, Redmail reserves the right to review materials posted to a
Internet Service and to remove any materials in its sole discretion.
Redmail reserves the right to terminate your access to any or
all of the Internet Services at any time, without notice, for any reason
Redmail reserves the right at all times to disclose any
information as Redmail deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in
part, in Redmail's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Internet Service.
Redmail does not control or endorse the content, messages or information
found in any Internet Service and, therefore, Redmail
specifically disclaims any liability with regard to the Internet
Services and any actions resulting from your participation in any
Internet Service. Managers and hosts are not authorized Redmail
spokespersons, and their views do not necessarily reflect those
Materials uploaded to the Internet Service may be subject to
posted limitations on usage, reproduction and/or dissemination, you are
responsible for adhering to such limitations if you download the
(a) Host Warranty. Host represents and warrants that Host has the power and authority to enter into and perform its obligations under this Agreement.
(b) Client Warranties. Client represents and warrants that (i) Client has the power and authority to enter into and perform its obligations under this Agreement; (ii) Client Content does not and shall not contain any materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of a third party, including without limitation export laws, or that otherwise constitute Impermissible Content, and that Client owns the Client Content or otherwise has the right to place the Client Content on the Web Site, and (iii) Client has obtained all authorization necessary for hypertext links from the Web Site to other third party web sites. Should Client receive notice of a claim regarding the Web Site, Client shall promptly provide Host with written notice of such claim.
(c) Disclaimer of Warranty. HOST (NOR ITS LICENSORS) MAKES ANY WARRANTIES HEREUNDER, EXPRESS OR IMPLIED, AND DISCLAIMS AND EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND USAGE OF TRADE AND COURSE OF DEALING. CLIENT ACKNOWLEDGES THAT THE SOFTWARE AND HOSTING SERVICES ARE PROVIDED "AS IS," AND CLIENT UNDERSTANDS THAT IT ASSUMES ALL RISKS REGARDING USE, QUALITY AND PERFORMANCE (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH UNINTERRUPTED ACCESS TO HOSTING SERVICES). WITHOUT LIMITING THE FOREGOING, CLIENT SPECIFICALLY ACKNOWLEDGES THAT HOSTING SERVICES MAY BE PERIODICALLY UNAVAILABLE DUE TO SERVICING, MAINTENANCE, OR OTHER CAUSES.
(a) Indemnification. Client shall defend and indemnify Host, its officers, directors, employees and licensors against, and hold Host harmless from, any claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs of litigation) by any other party (i) resulting from any breach of this Agreement by Client, or any modification of the Software or Hosting Services by any party other than Host, or the combination, operation or use of the Software or Hosting Services with other products not supplied by Host, or (ii) relating in any way to Client's use of Hosting Services or the Software.
(b) Equitable Relief. Client acknowledges that Host will be irreparably harmed by any material breach by Client of the material provisions of this Section 7 and Sections 2(b) and 2(c). Therefore, in addition to any other remedies that Host may have, Host shall be entitled to an injunction, issued by any court having jurisdiction, restraining any such violation of such Sections or specific performance, if applicable. Client hereby waives, with respect to any future such dispute related to such Sections, any defense based on the argument that Host will not be irreparably harmed by a material breach or that Host has available to it an adequate remedy at law for such breach.
(c) Limitations. THE TOTAL LIABILITY, IF ANY, OF HOST (OR ITS LICENSORS) FOR DAMAGES RELATING TO THE SOFTWARE AND HOSTING SERVICES SHALL NOT EXCEED THE TOTAL PAYMENTS MADE BY CLIENT TO HOST FOR HOSTING SERVICES DURING THE MOST RECENT TWELVE (12) MONTH PERIOD. REGARDLESS OF THE FORM OF ACTION, HOST SHALL NOT BE LIABLE FOR SPECIAL, PUNITIVE, CONSEQUENTIAL, COLLATERAL, INCIDENTAL OR ANY OTHER INDIRECT LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS AND DAMAGES RELATING TO LOSS OF DATA, DOWN TIME, TRANSACTION ERRORS OR OTHER LOSSES TO CLIENT OR ANY OTHER PERSON) ARISING OUT OF THIS AGREEMENT OR THE USE OR DISTRIBUTION OF THE SOFTWARE OR HOSTING SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.