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Terms of Use
PLEASE
READ THESE TERMS OF USE CAREFULLY. BY
USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS CONTAINED AND
LINKED BELOW.
Acceptance of Contract Terms
Welcome to the SwitchEmail.com web site (the
"Site). The following are terms of
a legal agreement between you and Vats Intercontinental Inc. ("Vats
Intercontinental"). Vats
Intercontinental makes available for your use on this Site information,
documents, software and products (collectively, the "Materials") and
various services operated by Vats Intercontinental (collectively, the
"Services"), subject to the terms and conditions set forth in this
document (the "Terms of Use"). By accessing or using this Site, which
includes your access to or use of any of the Materials or Services, you agree
to the Terms of Use, whether you are a member of VIP Club or not. Vats
Intercontinental reserves the right to change the Terms of Use from time to
time at its sole discretion. Your use of the Site will be subject to the most
current version of the Terms of Use posted on the Site at the time of such use.
You can review the most current version of the Terms of Use at any time
at:
http://www.switchemail.com/TermsOfUse.asp. In addition, when using particular Services or Materials on this
Site, you shall be subject to any posted guidelines or rules applicable to such
Services or Materials that may contain terms and conditions in addition to
those in the Terms of Use. All such guidelines or rules are hereby incorporated
by reference into the Terms of Use. If you breach any of the Terms of Use, your
authorization to use this Site automatically terminates and you must
immediately destroy any Materials downloaded or printed from the Site.
The material provided on this Site is protected by law,
including, but not limited to, United States Copyright Law and international
treaties. This Site is controlled and operated by Vats Intercontinental from
its offices within the United States. Vats Intercontinental makes no
representation that materials in the Site are appropriate or available for use
in other locations, and access to them from territories where their contents
are illegal is prohibited. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for compliance with
applicable local laws. Any claim
relating to, and the use of, this Site and the materials contained herein is
governed by the laws of the state of Texas.
Personal Information and Privacy
To learn about how Vats Intercontinental protects your
personal information, such as your name and address, refer to the SwitchEmail
Online Privacy Policy, http://www.switchemail.com/privacy.asp.
Registration Obligations
To access some of the Services and Materials you may be
asked to register. Your access to these
portions of the Site are completely optional, but if you choose to register,
you agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Services' registration form (such information
being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or Vats Intercontinental has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Vats
Intercontinental has the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof). Vats Intercontinental is concerned about
the safety and privacy of all its users, particularly children. For this
reason, you must be 13 years old or older to register for the Services or the
Site.
Username, Password and Security
Upon completing the Services' registration process, you
will receive or will be able to choose a password and username designation. You
are responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify Vats Intercontinental
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. Vats Intercontinental cannot and will not be liable for any loss or
damage arising from your failure to comply with this section.
Conduct
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not Vats Intercontinental, are entirely responsible for all
Content that you e-mail, transmit or otherwise make available via the Services.
Vats Intercontinental does not control the Content transmitted via the Services
and, as such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will
Vats Intercontinental be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
e-mailed, transmitted or otherwise made available via the Services.
You agree to not use the Services to:
a. e-mail,
transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b. harm minors
in any way;
c. impersonate
any person or entity, including, but not limited to, a Vats Intercontinental
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Services;
e. e-mail,
transmit or otherwise make available any Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
f. e-mail,
transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g. e-mail,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose;
h. e-mail,
transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
l. "stalk"
or otherwise harass another; or
m. collect or
store personal data about other users.
You acknowledge that Vats Intercontinental does not
pre-screen Content, but that Vats Intercontinental and its designees shall have
the right (but not the obligation) in their sole discretion to refuse or move
any Content that is available via the Services. Without limiting the foregoing,
Vats Intercontinental and its designees shall have the right to remove any
Content that violates the Terms of Use or is otherwise objectionable
You acknowledge and agree that Vats Intercontinental may
preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c)
respond to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Vats Intercontinental, its
users and the public.
You understand that the technical processing and
transmission of the Services, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
Termination
You agree that Vats Intercontinental, in its sole
discretion, may terminate your password, account (or any part thereof) or use
of the Service, and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if Vats Intercontinental
believes that you have violated or acted inconsistently with the letter or
spirit of the Terms of Use. Vats Intercontinental may also in its sole
discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your access
to the Service under any provision of this Terms of use may be effected without
prior notice, and acknowledge and agree that Vats Intercontinental may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
Service. Further, you agree that Vats Intercontinental shall not be liable to
you or any third-party for any termination of your access to the Service.
Transmissions
Please note that any non-personal information or material
sent to Vats Intercontinental will be generally deemed to be non-confidential
and non-proprietary, and may be disseminated or used by Vats Intercontinental
or its affiliates for any purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products. Notwithstanding the
foregoing, all personal data provided to Vats Intercontinental Online will be
handled in accordance with the SwitchEmail Online Privacy Policy, mentioned
above. You are prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other material that could give rise
to any civil or criminal liability under the law.
Use of Software
The software and accompanying documentation that are made
available to download from this Site are the copyrighted work of Vats
Intercontinental and/or its contributors. Use of the software is governed by
the terms of the end user license agreement that accompanies or is included
with such software. You will not be able to download or install any software
that is accompanied by or includes an end user license agreement unless you agree
to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use
the software.
Indemnity
You agree to indemnify and hold Vats Intercontinental, and
its affiliates, officers, agents, co-brander or other partners and employees,
harmless from any claim or demand, including reasonable attorneys fees, made by
any third party due to or arising out of Content you submit, post transmit or
make available through the Site, your use of the Site or Services, your connection
to the Site, your violation of the Terms of Use, or your violation of any
rights of another.
Copyright Notice, Use Restrictions, and Agents
All Site materials, including, without limitation, logos,
design, text, graphics, other files, and the selection and arrangement thereof
are Copyright © 2001-2003 Vats Intercontinental. ALL RIGHTS RESERVED, or by the
original creator of the material.
The Site is owned and operated by Vats
Intercontinental. Except as expressly
provided in writing between you and Vats Intercontinental, no material from the
Site or any other Web site owned, operated, licensed, or controlled by Vats
Intercontinental may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one copy
of the Materials on any single computer for your personal, noncommercial home
use only, provided you keep intact all copyright and other proprietary notices.
Modification of the Materials or use of the Materials for any other purpose is
a violation of Vats Intercontinental's copyright and other proprietary
rights. For purposes of these terms,
the use of any such material on any other Web site or networked computer
environment is prohibited.
Vats Intercontinental respects the intellectual property
of others, and we ask our users to do the same.If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact Vats Intercontinental's
Copyright Agent at Customer Support.
Third-Party Content & Services
Vats Intercontinental may provide links to Web pages and
content of third parties ("Third Party Content") as a service to
those interested in this information. Vats Intercontinental does not monitor
nor have any control over any Third-Party Content or third party Web sites.
Vats Intercontinental does not endorse or adopt any Third-Party Content and can
make no guarantee as to its accuracy or completeness. Vats Intercontinental
does not represent or warrant the accuracy of any information contained therein,
and undertakes no responsibility to update or review any Third-Party Content.
When leaving the Site, you should be aware that Vats Intercontinental's terms
and policies no longer govern, and, therefore, you should review the applicable
terms and policies, including privacy and data gathering practices, of that
site. You use these links and Third-Party Content contained therein at your own
risk.
Third Party Web Sites
This Site contains links to third-party Web sites that are
not under the control of Vats Intercontinental. Vats Intercontinental makes no
representations whatsoever about any other Web site to which you may have
access through this Site. When you access a non-Vats Intercontinental Web site,
you do so at your own risk and Vats Intercontinental is not responsible for the
accuracy or reliability of any information, data, opinions, advice, or
statements made on these sites or for the quality of any products or services
available on such sites. Vats Intercontinental provides these links merely as a
convenience and the inclusion of such links does not imply that Vats
Intercontinental endorses or accepts any responsibility for the content or uses
of such Web sites.
This Site can be accessed from other countries around the
world and may contain references to Vats Intercontinental products, services,
and programs that have not been announced in your country. These references do
not imply that Vats Intercontinental intends to announce such products,
services or programs in your country.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT
BETWEEN YOU AND VATS INTERCONTINENTAL, ALL SERVICES AND MATERIALS ON THIS WEB
SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, VATS INTERCONTINENTAL MAKES NO WARRANTY THAT (i) THE SERVICES
AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v)
ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED.
THE SOFTWARE IS PROVIDED BY VATS INTERCONTINENTAL "AS
IS" AND "WITH ALL FAULTS." VATS INTERCONTINENTAL MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR
SUITABILITY OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. FURTHER, VATS INTERCONTINENTAL MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY
STATEMENTS, INFORMATION OR MATERIALS CONCERNING THE SOFTWARE THAT IS CONTAINED
IN THE SITE.
VATS INTERCONTINENTAL ASSUMES NO RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE
REFERENCED BY OR LINKED TO THE SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. VATS INTERCONTINENTAL MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND VATS INTERCONTINENTAL MAKES NO
COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM VATS INTERCONTINENTAL OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL VATS INTERCONTINENTAL BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1)
RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS
OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION) EVEN IF VATS INTERCONTINENTAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF THE FAILURE OF AN
EXCLUSIVE REMEDY.
EXCLUSIONS AND LIMITATIONS
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
Trademark Information
The trademarks, logos and service marks
("Marks") displayed on this Site are the property of Vats
Intercontinental or other third parties. You are not permitted to use the Marks
without the prior written consent of Vats Intercontinental or such third party
which may own the Marks.
Applicable Law and Venue
By accessing this Site, you and Vats Intercontinental
agree that all matters relating to your access to, or use of the Site shall be
governed by and construed in accordance with the laws of the state of Texas,
without regard to its conflict of law provisions. You and Vats Intercontinental also agree that any action at law
or in equity with respect to such matters shall be filed only in state or
federal court located in the state of Texas, and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of such
courts.
Export Control Laws; Notice to U.S. Government Users
The export and re-export of Vats Intercontinental software
products are controlled by the United States Export Administration Regulations
and such software may not be exported or re-exported to Cuba, Iran, Iraq,
Libya, North Korea, Sudan, or Syria or any country to which the United States
embargoes goods. In addition, Vats Intercontinental software may not be
distributed to persons on the Table of Denial Orders, the Entity List, or the
List of Specially Designated Nationals.
By downloading an Vats Intercontinental software product
you are certifying that you are not a national of Cuba, Iran, Iraq, Libya,
North Korea, Sudan, or Syria or any country to which the United States
embargoes goods and that you are not a person on the Table of Denial Orders,
the Entity List, or the List of Specially Designated Nationals.
All Vats Intercontinental products and publications are
commercial in nature. The software and documentation available on this Site are
"Commercial Items," as that term is defined at 48 C.F.R. §2.101,
consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation," as such terms are used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation are
licensed to U.S. Government end users (A) only as Commercial Items and (B) with
only those rights as are granted to all other end users pursuant to the terms
and conditions herein.
U.S. Government Restricted Rights
The materials on this Site are provided with
"RESTRICTED RIGHTS." Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in applicable laws and
regulations. Use of the materials by the Government constitutes acknowledgment
of Vats Intercontinental's proprietary rights in them.
Term of Use Revisions
Vats Intercontinental may at any time revise these Terms
of Use by updating this posting. By using this Site, you agree to be bound by
any such revisions and should therefore periodically visit this page to
determine the then current Terms of Use to which you are bound.
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