In order to activate your email account, you must read the agreement below,
type your email and login, then click 'I AGREE'.Internet Email Services Agreement
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES DESCRIBED
BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR OTHERWISE USE THESE SERVICES. CLICKING ON THE BUTTON MARKED "I ACCEPT"
AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT
YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
This Internet Email Services Agreement (the "Agreement") is between you
and Martindale-Hubbell, a division of Reed Elsevier Inc., a corporation organized
and existing under the laws of Massachusetts, with a place of business at
121 Chanlon Road, New Providence, NJ 07974.
1. Grant of Rights
MARTINDALE-HUBBELL grants you a non-exclusive, non-transferable, limited
right to access and use the Internet email access services provided by MARTINDALE-HUBBELL
to you under this Agreement (collectively, the "Service"), on any machine(s)
of which you are the primary user. A Service account may not be transferred
to another party or entity without prior written approval from MARTINDALE-HUBBELL,
and any such transfer of a Service account is subject to any limits established
by MARTINDALE-HUBBELL with such approval.
2. Content
You recognize that you are solely responsible for the content of any information
you make available by means of the Service, including, without limitation,
by posting on a Web site or in email. MARTINDALE-HUBBELL has the right to
monitor the content which you or other users make by means of the Service,
but shall have no obligation to do so. You agree that if MARTINDALE-HUBBELL,
in its sole discretion, deems any content made available by you to be unlawful,
fraudulent, unacceptable, offensive, obscene or otherwise objectionable,
MARTINDALE-HUBBELL has the right, but not the obligation, to remove or deny
access to such content. You expressly agree that MARTINDALE-HUBBELL shall
not be liable to you for any action MARTINDALE-HUBBELL takes to remove or
restrict access to such material, nor for any action taken to restrict access
to material posted in violation of any law, regulation or rights of a third
party, including, but not limited to, rights under the copyright law and
prohibitions on libel, slander and invasion of privacy. MARTINDALE-HUBBELL
has the right to take all reasonable actions to remove or restrict access
to any such material, including restriction, suspension or termination of
your access privileges and/or deletion of the objectionable material.
3. Proprietary Materials
Material accessible to you through the Service may be the subject of third-party
intellectual property, including, without limitation, patents, copyrights,
trademarks and trade secrets. Except as expressly permitted by the owner
of such rights, you may not reproduce, redistribute, retransmit, publish
or otherwise transfer, or commercially exploit, any such material.
4. Prohibited Uses
You expressly agree not to use the Service in a manner that is prohibited
by any law or regulation, or to facilitate the violation of any law or regulation.
You acknowledge that prohibited conduct includes, but is not limited to,
use of the Service to invade the privacy of third parties, impersonation
of MARTINDALE-HUBBELL personnel or other parties or entities, transmitting
abusive, profane, libelous, slanderous, threatening or otherwise harassing
material via e-mail, or your personal Web pages. You also agree not to use
the Service to (i) solicit other members to patronize services; (ii) violate
the security of the Service; or (iii) attempt to utilize another user's account
name or persona without authorization from that user.
(b) You agree not to use the Service or any MARTINDALE-HUBBELL electronic
mail address in connection with the sending of the same or substantially
similar unsolicited electronic mail message, whether commercial or not, to
a large number of recipients. You agree not to send unsolicited mass mailings
from another service that in any way implicates the use of the Service, MARTINDALE-HUBBELL
equipment or any MARTINDALE-HUBBELL electronic mail address. For purposes
of this provision, merely making one's e-mail address accessible to the public
shall not constitute a request or invitation to receive messages. For each
violation by you of this provision, you agree to pay MARTINDALE-HUBBELL damages
to compensate for the lost goodwill such a violation causes, but, where warranted,
such as in the case of an accidental transmission, MARTINDALE-HUBBELL may
waive all or part of any applicable charge. Payment by you under this provision
shall not prevent MARTINDALE-HUBBELL from seeking to obtain other legal remedies
against you, including other damages or an injunction.
5. System Resources
You acknowledge that MARTINDALE-HUBBELL will place reasonable limits on
email storage and that you are responsible for compliance with this limit.
You expressly agree that MARTINDALE-HUBBELL shall not be liable to you or
any third party for any damages resulting from any reasonable action MARTINDALE-HUBBELL
takes to enforce this provision, including, without limitation, deleting
materials from your storage space. You acknowledge that you may not use the
Service to operate server programs, including, but not limited to, mail servers,
IRC servers, ftp servers or Web servers. You further agree not to use any
technology, method or device to maintain a constant connection with the Service.
6. Charges
You are responsible for all charges associated with connecting to the
Service, including, without limitation, all telephone access lines, telephone
and computer equipment necessary to access the Service.
You are responsible for all activities and any charges resulting from
use of the Service.
7. User Information
You certify to MARTINDALE-HUBBELL that you are not a minor, i.e., that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision of the parent or guardian. For purposes of identification and marketing, you agree to provide MARTINDALE-HUBBELL with accurate, complete, and updated information required by the registration to the Service (Registration Data), including your legal name, address, telephone number(s), and applicable payment data, if necessary (e.g., credit card number and expiration date). You agree to notify MARTINDALE-HUBBELL within sixty (60) days of any changes in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Service. You are solely responsible for maintaining the confidentiality of your id's and passwords, and agree that MARTINDALE-HUBBELL will have no obligations with regard thereto, nor with regard to the id's and passwords used by the intended recipients of secure email you may send. MARTINDALE-HUBBELL reserves the right to reveal any Registration Data or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency.
8. Secure Delivery
The Service contains a feature permitting secure delivery of email in accordance with the instructions accompanying the Service. MARTINDALE-HUBBELL, however, does not warrant or guarantee the confidentiality of emails delivered via the Service, and you and/or your intended recipients are responsible for safeguarding and protecting the ids and passwords used in connection with the secure feature of the Service. You acknowledge that by transmitting materials by means of the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and MARTINDALE-HUBBELL.
9. Warranty and Indemnification
You represent and warrant to MARTINDALE-HUBBELL that you will not transmit
by means of the Service any materials of any kind which (i) violate, plagiarize,
or infringe on the intellectual property or contractual rights of any third
party; (ii) are exported in violation of any law, rule, or regulation governing
exports from the United States; (iii) contain libelous, defamatory, obscene,
pornographic, abusive or otherwise unlawful material; (iv) contain software
viruses or any other malicious code designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment. You further represent and warrant to MARTINDALE-HUBBELL that your
use of the Service will at all times comply with all applicable laws, rules,
and regulations. You hereby agree to indemnify, defend and hold harmless
MARTINDALE-HUBBELL and its employees, licensors, independent contractors,
providers, subsidiaries and affiliates (collectively, the "Affiliates"),
from and against any and all liability and costs incurred by the Affiliates
in connection with any claim arising out of any breach by you of the foregoing
representations, warranties and covenants, including, without limitation,
attorneys' fees and costs. You shall cooperate as fully as reasonably required
in .the defense of any claim. MARTINDALE-HUBBELL reserves the right, at its
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle any
matter without the written consent of MARTINDALE-HUBBELL.
10. DISCLAIMER OF WARRANTY
THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED "AS IS," WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, MARTINDALE-HUBBELL MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR
THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION
OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, MARTINDALE-HUBBELL'S NEGLIGENCE.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MARTINDALE-HUBBELL BE LIABLE FOR ANY SPECIAL
OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF MARTINDALE-HUBBELL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MARTINDALE-HUBBELL'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED
$100 DOLLARS.
12. Termination
In addition to any other rights set forth herein, either you or MARTINDALE-HUBBELL
may terminate this Agreement at any time upon written notice. MARTINDALE-HUBBELL
also reserves the right to restrict, suspend or terminate the Service in
whole or in part, without notice, with respect to any breach or threatened
breach of Sections 3 or 4, or based on a breach of any of your warranties
set forth in Section 9. If MARTINDALE-HUBBELL terminates your membership
pursuant to this Section 12, MARTINDALE-HUBBELL reserves the right to deny
access to the Service in whole or in part, including, without limitation,
removing your Web site from the MARTINDALE-HUBBELL server, and to refuse
to provide the Service to you following such termination.
13. Modifications to Agreement
MARTINDALE-HUBBELL has the right to modify this Agreement. Any modification
is effective immediately upon either a posting on the MARTINDALE-HUBBELL
Web site at www.lawyers-mail.com, or upon notice by electronic mail, or U.S. mail.
Your continued use of the MARTINDALE-HUBBELL Service following notice of
any modification to this Agreement shall be conclusively deemed an acceptance
of all such modification(s). Your only right with respect to any dissatisfaction
with any modifications made pursuant to this provision, or any policies or
practices of MARTINDALE-HUBBELL in providing the Services, including, without
limitation, (i) any change in the content of the Services, or (ii) any change
in the amount or type of any fees for the Service, is to terminate membership
by delivering notice to MARTINDALE-HUBBELL. Such notice will be effective
upon receipt by MARTINDALE-HUBBELL.
14. General
This Agreement constitutes the entire agreement between you and MARTINDALE-HUBBELL
with respect to the MARTINDALE-HUBBELL Service and supersedes all prior agreements
between you and MARTINDALE-HUBBELL. Failure by MARTINDALE-HUBBELL to enforce
any provision of this Agreement shall not be construed as a waiver of any
provision or right. Interpretation and enforcement of this agreement shall
be governed by the laws of the state of New Jersey (excluding its choice
of law rules). You consent to personal jurisdiction in the federal and state
courts of New Jersey for any action arising out of or relating to your use
of the MARTINDALE-HUBBELL Service. The federal and state courts of New Jersey
shall have exclusive jurisdiction over all such actions. In any such action,
the prevailing party shall be entitled to recover all legal expenses incurred
in connection with the action, including, but not limited to, its costs,
both taxable and non-taxable, and reasonable attorney's fees. In the event
that any portion of this Agreement is held unenforceable, the unenforceable
portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties, and the remainder
of the provisions shall remain in full force and effect.
