End User License Agreement
BY USING ANY OF SAF-T-PAK SERVICES (INCLUDING, WITHOUT LIMITATION, THE SAF-T-PAK INTERNET ACCESS SERVICES, THE RELATED SOFTWARE, EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY SAF-T-PAK (COLLECTIVELY, THE "SAF-T-PAK SERVICE OR SERVICES"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT YOU SHOULD NOT REGISTER FOR AN ACCOUNT AND/OR DISCONTINUE YOUR USE OF THE SAF-T-PAK SERVICES. YOUR SAF-T-PAK ACCOUNT WILL NOT BE ACTIVATED IF YOU DO NOT AGREE TO THESE TERMS, AS APPLICABLE. PLEASE READ THESE SAF-T-PAK SERVICE AND SAF-T-PAK SITE TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), THE ACCEPTABLE USE GUIDELINES FOR SAF-T-PAK SERVICES AND THE SAF-T-PAK SITE ("GUIDELINES"), THE SAF-T-PAK SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") AND SAF-T-PAK'S PRIVACY STATEMENT ("PRIVACY STATEMENT") BEFORE REGISTERING FOR AN ACCOUNT WITH SAF-T-PAK, INC. ("SAF-T-PAK") OR USING THE SAF-T-PAK WEBSITE ("SITE"). THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT MAY ALSO BE REFERRED TO COLLECTIVELY AS THE "RULES". The Terms and Conditions, Guidelines, License Agreement and Privacy Statement may be found at the Saf-T-Pak Site at: http://apps.saftpak.inmarkinc.com/ If at any time you do not agree to be bound by these Rules and the scope of the Saf-T-Pak Services you should immediately end your use of Saf-T-Pak Services and return or destroy all copies of software provided by Saf-T-Pak, including, if any, third party software distributed by Saf-T-Pak. Saf-T-Pak may change the Rules and the scope of the Saf-T-Pak Services in whole or in part, at any time without notice. Such changes will be posted on the Saf-T-Pak Site and such posting will constitute notice to you. Links to the Rules can be found on the Saf-T-Pak Site's Home Page, located at http://www.saftpak.com Each time before using the Saf-T-Pak Services, you agree to review changes to the Rules and, if any change is not acceptable to you, you agree to terminate use of Saf-T-Pak Services. Your continued use of Saf-T-Pak Services after the posting of any such change constitutes your acceptance of all the changes.
Saf-T-Pak reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which Saf-T-Pak believes in its sole discretion to be illegal or potentially harmful to others or may expose Saf-T-Pak to harm or liability. Saf-T-Pak may suspend or terminate your use of Saf-T-Pak Services if it determines that you have failed to comply with any of the Rules. Saf-T-Pak reserves the right to take or terminate the use of any user name or email address at any time.
* Saf-T-Pak Services. Subject to the Rules, and such other regulations that Saf-T-Pak may adopt from time to time, Saf-T-Pak will provide you with free Internet services. Saf-T-Pak retains the right to suspend or terminate use of the Saf-T-Pak Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right. Collection and Use of Personal Information. Saf-T-Pak will collect, store, compile and utilize information about you, your computer and your use of the Saf-T-Pak Services including, without limitation, information regarding the Web sites you visit and information that you provide in response to Saf-T-Pak questionnaires, surveys and registration forms. Saf-T-Pak may provide this information to third parties including advertisers, clients, marketing organizations and others. However, Saf-T-Pak will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information, unless you give Saf-T-Pak consent to do so or except as may be required by law. Please refer to the Privacy Statement for the Saf-T-Pak privacy policies and information practices.
* Completion of Saf-T-Pak Questionnaires, Surveys and Registration Forms. In exchange for Saf-T-Pak providing the Saf-T-Pak Services without charge, you agree to provide Saf-T-Pak with accurate and complete information it may request, from time to time, through questionnaires, surveys and registration forms.
* Minors. If you are less than 18, you are not allowed to use the Saf-T-Pak services
* Registration Information. You must register for Saf-T-Pak Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. Saf-T-Pak reserves the right to verify the accuracy of the information you submit in connection with your registration for Saf-T-Pak Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to Saf-T-Pak's verification of such information.
* Other Charges. YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES RELATED TO YOUR USE OF SAF-T-PAK SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL LOCAL AND/OR LONG DISTANCE TELEPHONE CHARGES INCURRED IN CONNECTION WITH THE YOUR USE OF SAF-T-PAK SERVICES. YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE TO SAF-T-PAK'S CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS THE SAF-T-PAK SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER. You are also responsible for charges for any purchases made through use of Saf-T-Pak Services and any surcharges incurred while using any supplemental services or features other than Saf-T-Pak Services which apply a surcharge.
* Bypassing or Disabling Any Portion of the Saf-T-Pak Services or Software. If you bypass or disable any portion of the Saf-T-Pak Services or software, including, without limitation, the blocking of cookies, you are in violation of these Terms and Conditions and we may suspend or terminate your use of Saf-T-Pak Services without notice. Termination of your Saf-T-Pak Services will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Saf-T-Pak Services is terminated for any reason you will be unable to access any undelivered email messages in your Saf-T-Pak email account.
* Accessing Saf-T-Pak Services. You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Saf-T-Pak Services and for ensuring such equipment and services are compatible with Saf-T-Pak's requirements.
* Use of your Saf-T-Pak Account. You are responsible for all use of your Saf-T-Pak Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, Saf-T-Pak personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of Saf-T-Pak Services or through other Internet services. You may not transfer or permit any other person to use your Saf-T-Pak account. You may not use more than one login session at a time, even if you maintain more than one Saf-T-Pak account.
* No Resale of Saf-T-Pak Services and Saf-T-Pak Site. The Saf-T-Pak Services are for personal use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered. If you accessed the Saf-T-Pak Services through a CD-ROM disc or diskette, you may give the disc or diskette to friends and family, but you may not sell it or copy it.
* Transmission and Receipt of Content. Saf-T-Pak exercises no control over the content of information passing through its network or equipment. Disputes may arise between you and others or between you and Saf-T-Pak related to such content or commerce. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through Saf-T-Pak's network or equipment are your sole and exclusive responsibility.
* Links to Third Party Sites. The Saf-T-Pak Site contains links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use Saf-T-Pak's name and logo on these sites. Saf-T-Pak does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by Saf-T-Pak of the site or any association with their operators. Because Saf-T-Pak has no control over such sites and resources, you agree that Saf-T-Pak is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our service, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that Saf-T-Pak shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
* Indemnification of Saf-T-Pak. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SAF-T-PAK AND ITS SPONSORS, PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF SAF-T-PAK SERVICES THROUGH THE SAF-T-PAK ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM SAF-T-PAK'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF SAF-T-PAK SERVICES PROVIDED TO YOU.
* YOU ACKNOWLEDGE THAT SAF-T-PAK SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SAF-T-PAK SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF SAF-T-PAK SERVICES OR THAT SAF-T-PAK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SAF-T-PAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE , MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, INCLUDING ANY WARRANTIES CONCERNING YEAR 2000 COMPLIANCE OF SERVICES, PRODUCTS OR SOFTWARE SOLD OR OTHERWISE MADE AVAILABLE ON THIS SITE.
Limitation of Saf-T-Pak's Liability
* IN NO EVENT SHALL SAF-T-PAK BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT SAF-T-PAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SAF-T-PAK SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL SAF-T-PAK'S LIABILITY TO YOU EXCEED ONE DOLLAR ($1.00) or any amounts actually paid in cash by you to Saf-T-Pak, whichever is less. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SAF-T-PAK SERVICES MAY BE BROUGHT BY YOU OR SAF-T-PAK MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, Saf-T-Pak's liability shall be limited to the greatest extent permitted by law.
Policy to Terminate Use of Services for Copyright Infringement
* Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, Saf-T-Pak will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Saf-T-Pak and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, Saf-T-Pak will terminate the infringing subscriber's account. Saf-T-Pak may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Saf-T-Pak has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Saf-T-Pak respects the intellectual property of others, and we ask our subscribers to do the same.
* Liability Limitation. Saf-T-Pak shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.
* Entire Agreement. These Rules (as may be modified by updated Rules on the Saf-T-Pak Site) together constitute the sole agreement between Saf-T-Pak and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms.
* Legal Actions. These Rules will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Los Angeles, California, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.
* Severability. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
* No Waiver. Any failure of Saf-T-Pak to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.
How to Contact Us
Specific questions about these Rules should be directed to: firstname.lastname@example.org
Click here for a list of ways to contact Saf-T-Pak Inc.