Throughout this document, the term 'Service' shall refer to the spamgourmet service and website; the term "transmit" shall mean to send, upload, store, post, or otherwise submit Content to the Service; the term 'Content' shall refer to information, data, text, software, music, sound, photographs, graphics, video, messages or other materials which may be sent; the term 'Provider' shall refer to the provider of the Service; the term 'you' shall refer to the person or organization using the Service; the term 'party' shall refer to either you or Provider; and the term 'parties' shall refer to both you and Provider.
1. Responsibility for Content and Usage. You understand that all Content is the sole responsibility of the person from which such Content originated. This means that you, and not Provider, are entirely responsible for all Content that you transmit via the Service. Provider does not control the Content and, as such, does not guarantee the accuracy, integrity or quality of any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You agree to not use the Service:
(a) to send 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) to harm, threaten, 'stalk' or otherwise harass another;
(c) to impersonate any person or entity, including, but not limited to, a Provider official or administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) to transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(f) to transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
(g) to transmit any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation, or use the service to supply a reply address or list removal address in any such solicitation, however it is sent;
(h) to transmit any material that contains or facilitates the transmission of 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) to interfere with or disrupt the Service or servers or networks associated with the Service, or disobey any requirements, procedures, policies or regulations of networks associated with the Service;
(j) to intentionally or unintentionally violate any applicable local, state, national or international law, regulation, or other applicable rule;
(k) to collect or store personal data about other users, other than is mutually agreed for the purposes of team activities;
(l) to promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
(m) to conceal a true recipient email address in furtherance of the violation of the lawful terms of another service.
(n) in a way that consumes resources in a manner grossly disproportionate to that of other users of the service, including, but not limited to the use of scripting or other automated means to create large numbers of accounts, addresses, or messages over a short period of time.
(o) report a message forwarded normally through the Service as spam to an organization in a way that implicates the Service as the source of the spam.
(p) use a forwarding email address which requires that the Service communicate with a mail server that has "graylisted" the mail server of the Service.
2. 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.
3. Indemnity. You agree to indemnify and hold Provider, and its subsidiaries, affiliates, officers, agents, co-branders 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 your Content, your use of the Service, your connection to the Service, your violation of these terms, or your violation of any rights of another.
4. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. Note that you are not prohibited from using the open source code for the Service to create your own service, whether you charge a fee or not, provided you do not use the servers, bandwidth, and other similar resources of the Service to provide your service.
5. Modifications to Service. Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the the Service (or any part thereof) with or without notice. You agree that Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. Termination. You agree that Provider, in its sole discretion, may terminate your login account, use of the Service or use of any other Provider service, and remove and discard any related Content, for any reason, including, without limitation, for lack of use or if Provider believes that you have violated or acted inconsistently with the letter or spirit of the these terms and conditions. Provider 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 these terms and conditions may be effected without prior notice, and acknowledge and agree that Provider may immediately deactivate or delete your account and all related Content and/or bar any further access to such Content. Further, you agree that Provider shall not be liable to you or any third-party for any termination of your access to the Service.
7. Governing Law, Jurisdiction, Venue, and Dispute Resolution. This agreement shall be interpreted in accordance with the laws of the State of Texas, without regard to that state's law regarding conflict of laws. The parties submit to the personal jurisdiction of the courts of the state of Texas, and the venue for all purposes shall be in Harris County, Texas. If a dispute arises out of or relates to this agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by Professional Attorney Mediators, the Association of Attorney Mediators, Harris County Dispute Resolution Center, or other similarly qualified mediation organization under its Commercial Mediation Rules before resorting to litigation.
8. No Warranty: NO WARRANTIES ARE PROVIDED WITH THIS SERVICE OR WITH RESPECT TO ACCOMPANYING MATERIALS, SOFTWARE, OR DISKS(S). PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, OTHER THAN THE ABOVE WARRANTIES EXPRESSED HEREIN, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR THE PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT BACKUP COPIES OF YOUR FILES AND DATA WILL BE AVAILABLE. YOU MAY HAVE OTHER SPECIFIC LEGAL RIGHTS, VARYING FROM JURISDICTION TO JURISDICTION.
9. Limitation on Damages: In no event shall Provider or its suppliers or distributors, if any, be liable for any special, punitive, incidental, indirect, or consequential damages whatsoever, including but not limited to damages for loss of profits, business interruption, loss of information, or other pecuniary loss arising out of the use or inability to use the Service even if Provider or its suppliers or distributors have been advised of the possibility of such damages. In no event will Provider's liability or the liability of Provider's suppliers and distributors, if any, for any reason exceed the greater of i) the actual price already paid by you for the Service or ii) one US dollar.