Acknowledgment and Acceptance of TTI User Agreement
Touch Technologies, Inc., ("TTI") shall provide network products and services ("the TTI Service") to you ("User") under the terms and conditions of this TTI User Agreement ("the Agreement").

USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH TTI AND NOT THE WEB SITE WITH WHOM TTI HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH TTI AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS NETWORK SITE. USERS UNDER 13 MAY SIGN UP FOR THE TTI SERVICE ONLY WITH THE CONSENT OF THEIR PARENT OR GUARDIAN.

Acceptable Use Policy
The following policy governs the use of the TTI Service by User. User will comply with the terms and spirit of the Agreement.

(a) User shall not use the TTI Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. User shall not attempt to interfere in any way with TTI networks or network security, or attempt to use the TTI Service to gain unauthorized access to any other computer system.

(b) User shall at all times provide TTI with accurate information. User shall immediately notify TTI of any security breach in or unauthorized use of User's account. User shall not interfere in any way with another User's use of, or TTI's provision of the TTI Service. User shall not resell, rent, lease, grant a security interest in, or make commercial use of the TTI services without the express written consent of TTI.

Title
Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the TTI Service, and provided by either TTI or sponsors or any other content provider shall remain in TTI and/or its sponsors or any other content provider. TTI does not retain the rights to any User-provided content.

Indemnification
User agrees to indemnify and hold TTI and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), 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 TTI Service, the violation of the Agreement by User, or the infringement by User, or other user of the TTI Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any User communications.

Disclaimer of Warranty
TTI EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE TTI SERVICE. THE TTI SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE TTI SERVICE IS BORNE BY USER. TTI MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE TTI SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TTI OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE TTI SERVICE, THE PERFORMANCE OF TTI SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL TTI BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT TTI RECEIVED FROM USER FOR THE TTI SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.

Infringement
User represents that the name selected by the User, when used alone or combined with a second, third or fourth level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, TTI may immediately suspend the use of such TTI subdomain, and User will indemnify and hold TTI harmless, in accordance with the Indemnification section above, for any claim or demand against TTI that arises out of such selection. User acknowledges and agrees that neither TTI nor any of its licensors shall be liable to User in the event TTI is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of an TTI e-mail address. If as a result of such action, User loses a subdomain, the User's sole remedy shall be the receipt of a replacement subdomain.

Modification
TTI reserves the right to modify the TTI Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement. TTI will post the new Agreement and updated descriptions of the TTI Service on the site. Continued use of the TTI Service after such postings shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement. Users not wishing to be bound by the modified Agreement or TTI Service may terminate the TTI Service pursuant to the Termination section below.

Termination
TTI Services may be terminated in whole or in part, effective immediately, by either TTI or User at any time upon written notice to the other party. Upon termination, User's right to use the TTI Service immediately ceases, and TTI is not obligated to forward any unread or unsent messages to User or any third party. TTI shall not be liable to User or any third party for termination of the TTI Service. In the case of a terminated paid TTI Service ("Premium Service"), upon written request to TTI, User shall receive at TTI's option, either i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the TTI Service is terminated due to User's violation of the terms of this Agreement. TTI reserves the right to terminate User's subdomain in the event that TTI's rights to use certain domain names or subdomains terminate or expire, in which case User shall receive a replacement TTI subdomain. In addition, TTI retains the right, at TTI's sole discretion, to terminate any and all parts of the TTI Service provided to User, without refunding User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If TTI determines that User has failed to comply with any of the terms in Section (a) above, of the Acceptable Use Policy, TTI shall when appropriate, (1) facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to TTI for any direct, indirect, special, incidental, or consequential damages incurred by TTI as a result of User's spamming or other prohibited activity.

Severability
If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.

Action Limit
User and TTI agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

No Waiver
No waiver on the part of TTI to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.

TTI Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of any TTI successor companies or assigns.

Headings
The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

Entire Agreement
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to agreements executed and performed wholly within the State of California.

 
 

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