wetjen.com :: service agreement

This Wetjen.com Email Services User Agreement ('Agreement') is by and between Wetjen.com and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of Wetjen.com's Email Account Services and the Wetjen.com WebMail System (together, 'Email Accounts'). Your use of Email Accounts constitutes Your agreement to all such terms and conditions. By using Email Accounts, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Wetjen.com may establish from time to time. You may view the latest version of this Agreement at any time at: http://www.wetjen.com/email/agreement.asp

1. FEES. As consideration for the services purchased by You and provided to You by Wetjen.com, You agree to pay Wetjen.com at the time service is provided. Payment is to be made by You providing a valid credit card for charge by Wetjen.com, and is non-refundable. If for any reason Wetjen.com is unable to charge your credit card with the full amount owed Wetjen.com for the service provided, or if Wetjen.com is charged back for any fee it previously charged to the credit card You provided, You agree that Wetjen.com may pursue all available remedies in order to obtain payment.

2. TERM OF AGREEMENT; MODIFICATIONS. The term of this Agreement shall continue in full force and effect as long as you have any Email Accounts account with Wetjen.com. In the event You terminate Your Email Accounts account, Wetjen.com will not transfer or manage Your Email Accounts account or its contents.

You agree that Wetjen.com may modify this Agreement from time to time. Wetjen.com may also discontinue services it provides under this agreement. You agree to be bound by any changes Wetjen.com may reasonably make to this agreement when such changes are made.

3. YOUR USE OF Email Accounts. Wetjen.com has no obligation to monitor Your use of Email Accounts. However, Wetjen.com reserves the right to review materials You publish using Email Accounts and to remove any materials in its sole discretion. Wetjen.com reserves the right to terminate your access to Email Accounts at any time, without notice, for any reason whatsoever.

Wetjen.com reserves the right at all times to disclose any information as Wetjen.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wetjen.com's sole discretion.

4. NO UNLAWFUL CONDUCT OR IMPROPER USE. As a condition of Your use of Email Accounts, You agree not to use Email Accounts for any purpose that is unlawful or prohibited by these terms and conditions.

Wetjen.com explicitly reserves the right to terminate Your account if it comes to Wetjen.com's attention that You are using Email Accounts for objectionable activities. Objectionable activities include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way.

5. NO SPAM; LIQUIDATED DAMAGES. Wetjen.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Wetjen.com liquidated damages of US$1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Wetjen.com's actual damages

6. YOUR ACCOUNT SECURITY. When You register for Email Accounts, You agree to complete the registration process by providing current, complete and accurate information. You are entirely responsible for maintaining the confidentiality of Your password and account information. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify Wetjen.com immediately of any unauthorized use of Your account or any other breach of security. Wetjen.com will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Wetjen.com or another party due to someone else using Your account or password.

7. YOUR PRIVACY AND USE OF YOUR PERSONAL INFORMATION. You may view the current Wetjen.com Privacy Policy at any time at http://www.wetjen.com/privacy.asp. Please refer to the Privacy Policy for information regarding Your privacy and the collection and use of Your personal information.

8. DISPUTE RESOLUTION POLICY. All disputes between You and Wetjen.com shall be resolved through any court, arbitration, mediation or other proceeding that may be available. We suggest bringing any matters to our attention prior to seeking alternative methods of resolution.

9. LIMITATION OF LIABILITY. You agree that Wetjen.com's entire liability to You under this agreement, and Your only remedy, in connection with any service provided by Wetjen.com to You under this agreement, and for any breach of this agreement by Wetjen.com, shall be limited to the fees You paid to Wetjen.com for the particular service in contention.

10. INDEMNITY. You agree to release, defend, indemnify and hold harmless Wetjen.com and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Wetjen.com and/or Your use of the services provided by Wetjen.com.

11. REPRESENTATIONS AND WARRANTIES. You warrant that all information provided by You as part of the application process is truthful, complete, current and accurate. You also warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that Your account with Wetjen.com will not be used in connection with any illegal activity.

You agree that Wetjen.com makes no representations or warranties of any kind in connection with this Agreement. Wetjen.com expressly reserves the right to deny, cancel or transfer any Email Accounts account that it deems necessary, in its discretion, to protect the integrity and stability of the Email Accounts system, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Wetjen.com, as well as its affiliates, subsidiaries, officers, directors and employees. Wetjen.com also reserves the right to freeze an account during resolution of a dispute.

12. DISCLAIMER OF WARRANTIES. Wetjen.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. VENUE; WAIVER OF TRIAL BY JURY. This Agreement shall be deemed entered into in the state of Nebraska. The laws and judicial decisions of Douglas County, Nebraska, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating from or arising out of this Agreement, shall be brought in the courts of Douglas County, Nebraska.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

14. SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.