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.