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Seek 7 Free Email Terms of Use
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General Overview
Seek 7 Services, its subsidiaries and affiliates (collectively
"Seek 7") provide you with access to this Web site and the
services available on this Web site. Access to and use of the Services
is governed by these Terms of Use. By accessing or using the Services,
you indicate your assent to be bound by the Agreement, and your
acknowledgment of and agreement to its terms.
Provided Services
The Services include but are not limited to Seek 7 Search (located at
www.seek7.com) (the "Search Services"). The Services may
also be located on third party web sites and/or applications either as
a link from an add-on service to, or otherwise in connection with, Web
sites and/or applications that such third parties control. Our Search
Services enable you to search the World Wide Web for anything that
interests you. We may provide you with search listings of advertisers
of Seek 7 (as well as search listings provided to Seek 7 by a third
party to supplement the advertiser listings) that help you find what
you are looking for.
Further Details and Considerations
The Services act as a system or venue to introduce you to buyers and
sellers of goods and services and providers of information. Seek 7
uses reasonable efforts to ensure the availability of the information
and content, including links, that it makes available through the
Services. However, the Services are composed of content not offered by
Seek 7. Seek 7 does not control (i) the quality, safety or legality of
items available through or on its advertisers' Web sites or sites of
third parties not in privity of contract with Seek 7, (ii) the truth
or accuracy or legality of the content from those advertisers or those
third parties (even if such content appears on the Services), or (iii)
the availability or technical capabilities of their Web sites or links
to those Web sites. Seek 7 is not liable or responsible for content
supplied or approved by third parties, or for actions you might
take in reliance on that content. Nothing contained in any of the
Services is an offer or promise to sell a specific product for a
specific price or that any advertiser will sell any product or service
for any purpose or price or on any specific terms.
Seek 7 does not guarantee the price, terms, product, availability
and/or services offered by any advertiser. For all of the Services,
Seek 7 is not involved in any transactions between you and any of its
advertisers, and is not responsible for, and does not guarantee the
price or performance of any goods, services or information provided by
advertisers. If you have a dispute with one or more advertisers, you
agree to release and hereby release Seek 7 (and Seek 7's officers,
directors, agents, subsidiaries, affiliates, employees, successors,
assigns, content providers and service providers) from claims, demands
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Restricted to Personal Private Use
Under this Agreement, Seek 7 gives you limited permission to access
and use the Services only for your personal use, and to copy,
distribute and transmit the content of the Services only to the extent
that such copying, distribution, and transmission is automatically
done through your browser software incidentally to using the Services
for your personal use. You may also print a copy of the information
displayed on the Services for your personal use. That means, that
except as set forth above, you may not modify, reformat, copy,
display, distribute, transmit, publish, license, create derivative
works from, transfer or sell any information, products, or service
obtained by your use of the Services. This restriction means, among
other things, that you may not mirror on your own Web site any portion
of the Services or display through your own Web site any results pages
or other information from the Services without Seek 7's express
permission. Your right to access the Services is subject to any limits
established by Seek 7.
You agree that you will not use any automated means, including,
without limitation, agents, robots, scripts, or spiders, to access,
monitor or copy the Services except those automated means expressly
made available by Seek 7, if any, or authorized in advance and in
writing by Seek 7. The Seek 7 Web Site contains robot exclusion
headers and you agree that you will not use any device, software or
routine to bypass our robot exclusion headers, or to interfere or
attempt to interfere with the proper working of the Services. Without
limitation to the foregoing, you further agree that you will not take
any action that imposes an unreasonable or disproportionately large
load on our infrastructure (as determined by Seek 7).
The technology underlying, and content within, the Services is owned
by Seek 7 and/or its licensors (including Seek 7's advertisers and
other content providers) and is protected by copyright and other
intellectual property or proprietary rights. If you use the Services
other than as provided above, you may violate copyright and other laws
of the United States, other countries, as well as applicable state
laws and may be subject to penalties. As between you and Seek 7, Seek
7 owns and retains all ownership of the technology underlying and
content within the Services, and reserves all rights not explicitly
granted to you in this Agreement.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND. SEEK 7 DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
LIMITED LIABILITY
NEITHER SEEK 7 NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT
PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. SEEK 7
WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS
PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE
SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF SEEK 7, ITS
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR
SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH
STATE LAW.
Copyright and Trademark Claims
SEEK 7 is a provider of an interactive computer services for purposes
of 47 U.S.C. section 230. As such, its liability for others' conduct
and information is limited as described therein. Further, Seek 7 is a
service provider pursuant to the Digital Millennium Copyright Act.
Pursuant to the Digital Millennium Copyright Act, Seek 7 has
designated an agent to receive notifications of alleged copyright
infringement on the Services:
Business and Legal Affairs
Seek 7 Search Engine
Labyrinth Internet Solutions, LLC
7765 Tigertail Rd.
St Pauls, NC 28384
Tel: 910.425.3482
Fax: 910.425.3482
E-Mail: office@seek7.com
In notifying Seek 7 of alleged copyright infringement, you must
include the following information:
1. - A description of the copyrighted work that is the subject of
claimed infringement.
2. - A description of the infringing material and information
sufficient to permit Seek 7 to locate the alleged material.
3. - Contact information for you, including your address, telephone
number and/or e-mail address.
4. - A statement by you that you have a good faith belief that the
material in the manner complained of is not authorized by the
copyright owner, or its agent, or by the operation of any law.
5. - A statement by you, signed under penalty of perjury, that the
information in the notification is accurate and that you have
the
authority to enforce the copyrights that are claimed to be infringed.
6. - A physical or electronic signature of the copyright owner or a
person authorized to act on the owner's behalf.
Failure to include all of the above-listed information may result in
the delay of the processing of your complaint. For more information on
the Digital Millennium Copyright Act please visit the United States
Copyright Office at: http://lcweb.loc.gov/copyright/onlinesp/.
Seek 7 does not arbitrate or resolve trademark disputes among Seek 7's
advertisers or between those advertisers and third parties. However,
Seek 7 will promptly comply with an order of a court of competent
jurisdiction concerning a trademark issue. Seek 7 occasionally
receives requests to remove listings from within the Services. Seek 7
reserves the right to address such requests on a case-by-case basis.
Objectionable Material and Filtering Results
Seek 7 encourages you to use discretion when browsing the Internet or
using the Services. The Services may contain information that you find
objectionable, harmful, deceptive or otherwise inappropriate,
especially for children. To ensure you do not receive offensive
material, nevertheless, you must install your own filtering software
if you wish to limit the content available through the Services. If
you come across any site that you believe contains child pornography
or other illegal material, please contact office@seek7.com and we will
contact the authorities as appropriate.
Access to the Services
Seek 7 reserves the right to change any information, features and
functions of the Services without prior notice. Seek 7 may deny you
access to all or part of the Services without prior notice if you
engage in any conduct or activities that Seek 7 determines, in its
sole discretion, violate this Agreement, the rights of Seek 7 or any
third party, or is otherwise inappropriate.
Your Registration Obligations
In consideration of your use of the
Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
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
Seek 7 has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Seek 7 has the right to
suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
Member Account Password and Security
You will receive a password and account
designation upon completing the Service's registration process. 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
Seek 7 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. Seek 7 cannot and will not be
liable for any loss or damage arising from your failure to comply with
this guideline.
Member 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 Seek 7, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
Seek 7 does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no
circumstances will Seek 7 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, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
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| a. |
upload, post, email, 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 Seek 7 official, 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 Service; |
| e. |
upload, post, email, 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. |
upload, post, email, transmit or
otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; |
| g. |
upload, post, email, 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; |
| h. |
upload, post, email, 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; |
| i. |
interfere with or disrupt the
Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service; |
| j. |
intentionally or unintentionally
violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the
U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law; |
| k. |
"stalk" or otherwise
harass another; or |
| l. |
collect or store personal data about
other users. |
You acknowledge and agree that Seek 7 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
Service; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of
Seek 7, its users and the public.
You understand that the technical processing and
transmission of the Service, 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.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
Use and Storage
You acknowledge that Seek 7 may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, or other
Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or received by
an account on the Service, the maximum disk space that will be allotted on
Seek 7's servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period
of time. You agree that Seek 7 has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that Seek 7 reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that Seek 7 reserves
the right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
Service Modifications
Seek 7 reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that Seek 7 shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
Termination of Service
You agree that Seek 7 may, under certain
circumstances and without prior notice, immediately terminate your
Seek 7 account, any associated email address, and access to the Service.
Cause for such termination shall include, but not be limited to, (a)
breaches or violations of these Terms of Service or other incorporated
agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or
any part thereof), (e) unexpected technical issues or problems, and (f)
extended periods of inactivity.
Termination of your Seek 7 account includes (a) removal
of access to all offerings within the Service, including but not limited
to Seek 7 email, and other such Free services (b) deletion of your
password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause shall be
made in Seek 7's sole discretion and that Seek 7 shall not be liable to
you or any third-party for any termination of your account, any associated
email address, or access to the Service.
Universal Spam Policy:
- Manipulating identifiers, such as email headers, to
disguise the origin of any content transmitted to or through Seek 7
computer systems.
- Relaying email from a third party's mail servers
without the permission of that third party.
- Using or causing to be used Seek 7 computer systems
to facilitate the transmission of unsolicited or unauthorized
material. This includes any promotional materials, URLs, "junk
mail," "chain letters," "pyramid schemes," or
any other form of unauthorized solicitation that you may upload, post,
email, transmit, or otherwise make available.
- Using "robots" or otherwise harvesting
other's email addresses from the Seek 7 site for purposes of sending
unsolicited or unauthorized material.
- Uploading, posting, emailing, or transmitting the
same message, URL, or post multiple times.
Violations of our Terms of Service or this Universal
Spam Policy may result in legal action against you and the termination,
without notice, of your Seek 7 account and/or anything associated with it,
including, but not limited to, email accounts, posts, pages, and profiles.
Nothing in this policy is intended to grant any right to transmit email to
or through Seek 7 computer systems. Seek 7 does not waive any rights by
the failure to enforce this policy in every instance in which it might
apply.
NOTICE: Sending unsolicited email advertisements to or
through Seek 7 computer systems will use or cause to be used Seek 7
servers located in Florida, United States. Any unauthorized use of Seek 7
computer systems is a violation of the Seek 7 Terms of Service, Universal
Spam Policy, and certain federal and state laws. Such violations may
subject the sender and his or her agents to civil and criminal penalties.
Please report
all violations of this Universal Spam Policy.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of North
Carolina and the United States without regard to its conflict of law
provisions. Seek 7's failure to exercise or enforce any right or provision
of the Agreement will not be deemed to be a waiver of such right or
provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of this Agreement
remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Services must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or
the Services will be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim must be arbitrated on an individual basis, and
must not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration must be conducted in Fayetteville,
North Carolina, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either you or Seek 7 may seek any
interim or preliminary relief from a court of competent jurisdiction in
Fayetteville, North Carolina, as necessary to protect the rights or
property of you or Seek 7.
Public Contact Notice
You may direct any questions concerning this Agreement to:
Seek 7 Search Engine
Labyrinth Internet Solutions, LLC
7765 Tigertail Rd.
St Pauls, NC 28384
Tel: 910.425.3482
Fax: 910.425.3482
E-Mail: office@seek7.com
Amendment
Seek 7 may amend this Agreement at any time by posting the amended terms
on its Web site. This Agreement may not be otherwise amended except in a written document signed
by you and Seek 7. This agreement was last revised on April 20, 2003.
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