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Please be sure to read the End-User
Service Agreement below.
The
opinions, expressions and suggestions
expressed herein are those of the individual
and do not necessarily reflect the views
of silkworth.net.
SILKWORTH.NET™
END-USER SERVICES AGREEMENT
This
End-User Services Agreement ("Agreement")
is an agreement between you, an individual
or an individual acting on behalf of
your employer, a corporation, partnership,
or other legal entity that will be using
Silkworth.net's services ("User"),
Silkworth.net, ("Company"),
and the owner of the Web site through
which you have requested Silkworth.net's
services ("Client"). Silkworth.net's
services, as described below in Section
2, may include proprietary materials,
the use of which is subject to the terms
and conditions of this Agreement.
1.
ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The
Services, provided by Silkworth.net,
are provided to User under the terms
and conditions of this Agreement, any
amendments to this Agreement, and any
operating rules or policies that may
be published from time to time by Company
and Client, all of which are hereby
incorporated by reference. This Agreement
comprises the entire agreement between
User and Company and supersedes any
prior agreements pertaining to the subject
matter contained herein.
2.
DESCRIPTION OF SERVICES
Company,
on behalf of Client, is providing User
with any or all of the following services:
(a) email; (b) meta-search; (c) community
services; and (d) any other services
which Company may elect to provide on
behalf of Client in the future. These
Services are provided to User at the
discretion of Client, and Company has
no obligation to provide the Services
directly to User. Company does not charge
User for the Services.
Company and Client also reserve the
right to modify or discontinue, temporarily
or permanently, the Services with or
without notice to User. User agrees
that Company, Client, and their third
party service providers shall not be
liable to User or any third party for
any modification or discontinuance of
the Services.
3.
USER'S REGISTRATION OBLIGATIONS
User
must be at least thirteen (13) years
old to register for the Services. In
consideration of use of the Services,
User agrees to: (a) provide true, accurate,
current, and complete information about
User as prompted by the registration
form; and (b) to maintain and update
this information to keep it true, accurate,
current, and complete. If any information
provided by User ("Registration
Data") is untrue, inaccurate, not
current, or incomplete, Company and
Client have the right to terminate User's
account and refuse any and all current
and/or future use of the Services.
4.
USE OF REGISTRATION DATA
User
acknowledges that Registration Data
is to be shared between Company and
Client. Company and Client agree not
to contact User if User informs Company
of User's preference not to be contacted.
Company shall inform Client if User
states a preference not to be contacted.
However, Company shall not be responsible
or liable if Client contacts User, permits
a third party to contact User, or provides
or discloses User's Registration Data
to any third party.
User agrees that Company, Client, or
a designee of Company or Client may
disclose Registration Data to third
parties about User and information about
User's use of the Services, provided
that such disclosures do not include
User's name, mailing address, email
address, telephone or facsimile number,
or account number, unless: (a) User
has co-registered to receive any third
party products or services, or has otherwise
authorized Company and/or Client to
disclose such information; (b) such
disclosure is required by law or legal
process; or (c) User violates any of
the terms set forth in Section 7 below.
This Agreement includes the terms and
conditions of Company's Privacy Policy,
a copy of which is located at http://silkworth.net/policy.html,
and which is hereby incorporated by
reference. In the event that there exists
any inconsistency between this Agreement
and the Privacy Policy, the terms and
conditions of the Privacy Policy shall
take precedence.
5.
USER CONTENT
Company
and Client consider email transmitted
via the Services to be the private correspondence
of the sender. Neither Company nor Client
will monitor, edit, or disclose the
contents of a User's private communications,
except that User agrees that Company,
Client, and their third party service
providers may do so: (a) as required
by law; (b) to comply with legal process;
(c) if necessary to enforce this Agreement;
(d) to respond to claims that such contents
violate the rights of third parties;
or (e) to protect the rights or property
of Company, Client, its third party
service providers, or others.
User acknowledges that content posted
to public community areas is publicly
available and that Company does not
take any responsibility for such content.
However, Company reserves the right
to remove any public content posted
by a User that violates any law or condition
of this Agreement, upon notice of such
violation.
User understands and agrees that technical
(and sometimes manual) processing of
email communications, search requests,
community postings, and any other information
supplied by User is and may be required:
(a) to send and receive messages; (b)
to conform to the technical requirements
of connecting networks; (c) to conform
to the limitations of the Services;
or (d) to conform to other, similar
technical requirements.
User acknowledges and agrees that Company,
Client and their third party service
providers do not endorse the content
of any User communications and are not
responsible or liable for any unlawful,
harassing, libelous, privacy invading,
abusive, threatening, harmful, vulgar,
obscene, indecent, tortious, or otherwise
objectionable content, or content that
infringes or may infringe the intellectual
property or other rights of another.
6.
USER NAME, MEMBER ACCOUNT, PASSWORD
AND SECURITY
User
will be asked to choose the first part
of its user name, which will be followed
by the "@" symbol and Client's
domain name (Example: YourNameHere@Example.com).
User agrees to choose a user name which
is unique, not obscene, unlawful, or
otherwise objectionable, in Company's
sole discretion. Company shall own User's
complete user name.
User will receive a designated password
and account upon completing the registration
process for the Services. User is responsible
for maintaining the confidentiality
of the password and account, and is
fully responsible for all activities
that occur under User's account. User
agrees to immediately notify Company
of any unauthorized use of User's password
or account or of any other breach of
security.
7.
USER CONDUCT
User
agrees to abide by all applicable local,
state, national, and international laws
and regulations during use of the Services,
and agrees not to interfere with the
use and enjoyment of the Services by
other users. User agrees to be solely
responsible for the contents of User's
private and public communications, whether
uploaded, posted, emailed, or otherwise
transmitted through the Services.
User agrees: (a) not to use the Services
for illegal purposes; (b) not to interfere
with or disrupt the Services or servers
or networks connected to the Services;
(c) to comply with all requirements,
procedures, policies, and regulations
of networks connected to the Services;
(d) not to resell the Services or use
of or access to the Services; and (e)
to comply with all applicable laws regarding
the transmission of technical data exported
from the United States.
User agrees not to upload, post, email,
or otherwise transmit through the Services:
(a) any unlawful, harassing, libelous,
privacy invading, abusive, threatening,
harmful, vulgar, obscene, indecent,
tortuous, or otherwise objectionable
material of any kind; (b) any material
that violates the rights of another,
including, but not limited to, the intellectual
property rights of another; (c) any
material that violates any applicable
local, state, national, or international
law or regulation; or (d) unsolicited
or unauthorized advertisements, promotional
materials, "junk mail," "spam,"
"chain letters," or other
forms of solicitation. User agrees not
to attempt to gain unauthorized access
to other computer systems or networks
connected to the Services. User acknowledges
and agrees that Company may ban User
from future use of the Services if User
does not comply with Company's standards
of conduct, even if User attempts to
use the Services through another Client
or under a different name. Furthermore,
User acknowledges and agrees that Company
may recover damages from User if User
violates these terms.
8.
INDEMNITY
User
agrees to indemnify and hold Company,
Client, and their third party service
providers, and their parents, subsidiaries,
affiliates, officers, and employees,
harmless from any claim or demand, including
reasonable attorneys' fees, made by
any third party due to or arising out
of User's use of the Services, User's
connection to the Services, User's violation
of this Agreement, or User's violation
of any rights of another party.
9.
STORAGE OF COMMUNICATIONS
Company,
Client, and their third party service
providers assume no responsibility for
the deletion or failure to store email
messages, communications, or other content
maintained or transmitted through the
Services. Company may establish in its
sole discretion an upper limit on the
extent of message storage it will maintain
for User.
10.
TERMINATION
(a)
User agrees that Company, Client, or
their third party service providers
may terminate User's password, account,
or use of the Services if Company, Client,
or their third party service providers
believe: (i) that User has violated
or acted inconsistently with the letter
or spirit of this Agreement; or (ii)
that User has violated the rights of
Company, Client, or their third party
service providers or other Users or
parties. User further agrees that Company,
Client, and their third party service
providers may terminate User's password,
account, or use of the Services if User
a.) fails to use the Services at least
one time within seven (7) days after
initial registration (the "Initial
Period"); or b.) fails to use the
Services at least one time during any
consecutive 30-day period following
the Initial Period.
(b) User agrees Company and Client may
immediately delete User's account and
all related information, communications,
and files, and may bar any further access
to such account, communications, files,
or the Services under any provision
of this Agreement. User also acknowledges
and agrees that termination of any of
the Services may be effected without
prior notice.
11.
LINKS
The
Services may provide, or users may include
in email or community postings, links
to other Web sites or resources. However,
User agrees not to include in email
or community postings (or elsewhere
via the Services) any "deep link"
which leads to a web page, other than
the home page, of another party's web
site unless such a link is authorized
by the owner of that web site. User
acknowledges and agrees that Company,
Client, and their third party service
providers are not responsible for the
availability of such external sites
or resources, or for User's use of deep
links, and that Company, Client, and
their third party service providers
do not endorse and are not responsible
or liable for any content, advertising,
products, or other materials on or available
from such sites or resources.
12.
COMPANY'S PROPRIETARY RIGHTS
User
acknowledges and agrees that content,
including, but not limited to, text,
software, music, sound, photographs,
graphics, video, or other material contained
in sponsor advertisements or information
presented to User through the Services
or third party advertisers is protected
by copyrights, trademarks, service marks,
patents, or other proprietary rights
and laws. User acknowledges and agrees
that User is permitted to use this material
and information only as expressly authorized
by Company, Client, or advertisers,
as applicable, and may not copy, reproduce,
transmit, distribute, or create derivative
works of such content or information
without such express authorization.
13.
DISCLAIMER OF WARRANTIES
(a)
USER EXPRESSLY AGREES THAT USE OF THE
SERVICES IS AT USER'S SOLE RISK. THE
SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE"
BASIS.
(b) COMPANY, CLIENT, AND THEIR THIRD
PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM
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.
(c) COMPANY, CLIENT, AND THEIR THIRD
PARTY SERVICE PROVIDERS MAKE NO WARRANTY
THAT THE SERVICES WILL MEET USER'S REQUIREMENTS
OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES
COMPANY, CLIENT, OR ITS THIRD PARTY
SERVICE PROVIDERS MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES, OR AS
TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICES,
OR THAT DEFECTS IN THE SOFTWARE WILL
BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT
ANY INFORMATION, CONTENT, DATA, OR OTHER
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH OR FROM THE SERVICES IS OBTAINED
AT USER'S OWN DISCRETION AND RISK, AND
THAT USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM
OR ANY LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY, CLIENT AND THEIR THIRD
PARTY SERVICE PROVIDERS MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH OR FROM THE SERVICES
OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER FROM
COMPANY, CLIENT, OR THEIR THIRD PARTY
SERVICE PROVIDERS, OR THROUGH OR FROM
THE SERVICES, SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
(g) SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES,
THEREFORE SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO SOME USERS.
14.
LIMITATION OF LIABILITY
(a)
USER AGREES THAT COMPANY, CLIENT AND
THEIR THIRD PARTY SERVICE PROVIDERS
SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICES, OR FOR
COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES, OR RESULTING FROM ANY
GOODS OR SERVICES PURCHASED OR OBTAINED,
OR FROM MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICES,
OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF USER'S TRANSMISSIONS
OR DATA, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA, OR OTHER INTANGIBLES, EVEN IF
COMPANY, CLIENT, OR THEIR THIRD PARTY
SERVICE PROVIDERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY,
CLIENT, AND THEIR THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION,
OR TERMINATION OF SERVICES, INCLUDING,
BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION, OR TERMINATION WAS JUSTIFIED
OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT
OR ADVERTENT.
(c) User acknowledges that Pursuant
to Section 512 of the Digital Millennium
Copyright Act, Company has a policy
providing for termination of Services
to account holders who are repeat offenders.
However, USER ACKNOWLEDGES AND AGREES
THAT IN NO EVENT SHALL COMPANY BE LIABLE
FOR ANY DAMAGES, WHETHER IN CONTRACT
OR TORT, INCLUDING, BUT NOT LIMITED
TO, DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, OR LOST PROFITS
OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, ARISING OUT OF COMPLIANCE
OR REASONABLE ATTEMPTS TO: (i) COMPLY
WITH UNITED STATES COPYRIGHT ACT; OR
(ii) SATISFY REQUIREMENTS TO QUALIFY
FOR THE SAFE HARBORS DESIGNATED IN SECTION
512 OF THE DIGITAL MILLENNIUM COPYRIGHT
ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE
FOR ANY AND ALL MATTERS RELATING TO
THIS AGREEMENT FOR ANY AGGREGATE AMOUNT
IN EXCESS OF $1.
(e) SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO SOME USERS.
(f) If you have a chosen virus scanner,
please be advised that this virus scanner
may not be able to detect or repair
all viruses and variants, as new viruses
and variants frequently appear. Please
be aware that there is a risk involved
whenever downloading email attachments
to your computer or sending email attachments
to others and that, as provided in the
Terms of Service, neither Silkworth.net
nor its licensors are responsible for
any damages caused by your decision
to do so.
(g) If you have chosen to use Anti-Spam
Software, please be advised that the
product and product of its type are
not 100% effective and from time to
time the product may misclassify spam
as legitimate mail and legitimate mail
as "spam". Users are advised
to periodically check their "spam"
folder (if you have one) for email that
may have been mislabeled, as provided
in the Terms of Service neither Silkworth.net
nor its licensors are responsible for
any damages caused by your decision
to use Anti-Spam Software.
(h) Silkworth.net may place limits on
mail a user can send in a given period
of time in order to protect the health
of the company's network.
15.
AMENDMENT
Company
may modify this Agreement at any time,
and such modifications shall be effective
immediately upon posting or other method
of notification to User, which notice
may be provided on the Web pages through
which User accesses or uses the Services.
User's continued access or use of the
Services shall be deemed to be User's
conclusive acceptance of the modified
Agreement.
16.
GENERAL
Company's
and Client's third party service providers
are intended beneficiaries of this Agreement.
Company shall not be liable to User
for any breach by Client of this Agreement
or the Privacy Policy. This Agreement
and the relationship between User and
Company and Client shall be governed
by the laws of the State of North Carolina
without regard to its conflict of law
provisions. User, Company, and Client
agree to submit to the personal and
exclusive jurisdiction of the courts
located within the state of North Carolina.
The failure of Company, Client, and
their third party service providers
to exercise or enforce any right or
provision of this Agreement shall not
constitute 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 rule that the other provisions of
this Agreement remain in full force
and effect. User agrees 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
or this Agreement must be filed within
one (1) year after such claim or cause
of action arose or be forever barred.
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