24HOUREMAIL.COM (24HOUREMAIL.COM) provides e-mail marketing
services pursuant to the terms set forth below (Agreement).
By clicking on the [Submit Continue, Join Now or Agree buttons,
you are agreeing to use 24HOUREMAIL.COM, as well as any other
services which may be offered from time to time by 24HOUREMAIL.COM,
in a manner consistent with these terms and with applicable
laws and regulations. 24HOUREMAIL.COM may modify this Agreement
at any time. In the event of any discrepancy between this Agreement,
FAQs, the Privacy Statement, and similar statement posted by
24HOUREMAIL.COM, the terms of this Agreement shall control.
1. Subscriber Conduct. YOU MAY NOT SEND "SPAM" (unsolicited
email in connection with 24HOUREMAIL.COM directed to people
not personally known to you, including but not limited to junk
mail, chain letters or other unsolicited bulk email, commercial
or otherwise). You are solely responsible for your content and
acknowledge that 24HOUREMAIL.COM acts as a passive conduit for
assisting in developing email marketing programs. You warrant
that your use of, and the content you provide through 24HOUREMAIL.COM:
(a) does not infringe on any third party's intellectual property
rights or proprietary rights, or rights of publicity or privacy;
(b) does not violate any local, state, federal or international
law, statute, ordinance or regulation, including but not limited
to those involving the transmission of technical data or software
exported from the U.S. through 24HOUREMAIL.COM ; (c) is not
unlawful, harassing, abusive, threatening, defamatory, libelous,
pornographic, obscene, or otherwise objectionable in any way;
(d) will not attempt to perform or assist others in performing
unauthorized access to 24HOUREMAIL.COM, other accounts, computer
systems or networks connected to 24HOUREMAIL.COM; (e) will not
interfere with another member's account; or (f) does not contain
viruses, or other similar harmful programming.
2. Payment. Upon completing the registration procedure, you
will be given access to an email account and marketing program.
You may then have individual persons register for an email account
with 24HOUREMAIL.COM directly under your name (a "First Generation
Referral"). The 24HOUREMAIL.COM program is designed for you
to be paid $1.00 U.S. funds each time one of your referrals
becomes a qualified affiliate. You will not receive any payment
when: (a) any of your Users reverse payment, (b) you or your
Users do not meet the qualifications of the PayPal.com system
(where available) . You, or each of your First Generation
Users, may also have individual persons register directly under
each of your First Generation Users, to a depth of five generations
(a "Subsequent Generation User") total. The 24HOUREMAIL.COM
program is designed for you to be paid $1.00 U.S. each time
one of your Subsequent Generation Users request to be and becomes
an approved affiliate. You will be paid to a total of five (5)
generations of referrals. You will receive all payments directly
from 24HOUREMAIL.COM or its authorized agents. You,
and each individual person registered underneath you, may only
have one email marketing account with 24HOUREMAIL.COM. In order
to receive payment, you must open a PayPal.com account. Your
commission account page will contain an estimated calculation
showing the amount of money accrued in your account. In case
of a dispute as to the amount accrued, the amount shown in your
account is final and binding upon you in all respects. In the
event of technical problems or data loss, which causes a loss
of account information, your account will be reset at $0.00,
and you hereby waive any and all claims for any amount previously
accrued but not yet disbursed. SEE PAYPAL.COM FOR ALL RULES
AND REGULATIONS PERTAINING TO OPENING AND MAINTAINING A PAYPAL.COM
3. Registration Data. In consideration for 24HOUREMAIL.COM service,
you agree to provide 24HOUREMAIL.COM with current, complete,
and accurate registration information (the "Registration Data")
as prompted, and to update this information as required keeping
it current, complete, and accurate.
4. Privacy. 24HOUREMAIL.COM will not intentionally monitor or
disclose any private e-mail message or address information to
third parties unless required by law, regulation, court order,
or legitimate administrative purpose. 24HOUREMAIL.COM is an
anonymous email service. 24HOUREMAIL.COM may release the Registration
Data and associated information (including but not limited to
your IP address, operating system, browser software, ISP and
/or other numeric codes) to third parties in connection with
promotional or marketing activities. You may receive program
information and updates from 24HOUREMAIL.COM periodically, and
have the right to opt-out of any communications not directly
related to the operation of 24HOUREMAIL.COM.
5. Personal Use. Your right to use the 24HOUREMAIL.COM web presence
is personal to you. You may not use it for unauthorized commercial
use. You agree not to resell 24HOUREMAIL.COM services
without the express consent of 24HOUREMAIL.COM, which consent
may be withheld by 24HOUREMAIL.COM at its sole discretion. Please
guard your account password, as you are liable for all uses
of your account, including any unauthorized use. You agree to
notify 24HOUREMAIL.COM immediately of any unauthorized use of
your account or password, as well as any unauthorized or improper
behavior by you, any first Generation Referrals, any Subsequent
Generation Referrals, or any third party. You agree to access
the account at least once per month for the account to remain
active. An inactive account will be cancelled after ninety (90)
days of inactivity.
6. Indemnification. You will, and hereby do, indemnify and hold
harmless 24HOUREMAIL.COM, its employees, shareholders, directors,
officers, agents, representatives, advertisers, successors and
assigns (collectively, for the purposes of this provision, "the
Indemnitee" from any and all liability, projected loss of revenue
or commissions, all other loss, or damages including but not
limited to, bodily injury, illness, death or property damage
(which, in turn, includes but is not limited to, lost profits
or income, lost business opportunity, or lost earnings) which
Indemnitee becomes legally obligated to pay (including reasonable
attorneys fees and court costs, as a result of claims, demands,
costs or judgments arising out of your use of 24HOUREMAIL.COM
caused by or arising out of the negligence, fault, breach of
warranty, products liability or strict negligence of you, the
Indemnitee, or third parties, whether such negligence, fault,
breach of warranty, or liability is sole, joint or several.
7. Term. This Agreement shall continue while you use 24HOUREMAIL.COM.
You may terminate your use at any time. 24HOUREMAIL.COM may
terminate your use of 24HOUREMAIL.COM at any time, with or without
cause, and without notice. Upon termination by either party,
24HOUREMAIL.COM reserves the right to maintain all email records
of all users, and at its sole discretion, immediately delete
all files in your account and bar any further access to such
files or the Service, and may delete any accrued amount in your
account. The provisions of Sections 1,2,4, 6, 8, 9, 10 and 14
will survive any such termination.
8. Disclaimer of Warranties. YOU USE 24HOUREMAIL.COM AT YOUR
SOLE RISK. 24HOUREMAIL.COM IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. 24HOUREMAIL.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.
24HOUREMAIL.COM MAKES NO WARRANTY THAT 24HOUREMAIL.COM OR ANY
OF ITS AFFILIATE'S CO-BRANDED SITES WILL MEET YOUR REQUIREMENTS,
OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES 24HOUREMAIL.COM MAKE ANY WARRANTY THAT THE RESULTS
THAT MAY BE OBTAINED THROUGH 24HOUREMAIL.COM MEET YOUR NEEDS,
OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
24HOUREMAIL.COM MAKES NO WARRANTIES REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEMS OR LOSS OF DATA. ANY MATERIAL AND/OR DATA YOU DOWNLOAD
OR OTHERWISE OBTAIN THROUGH 24HOUREMAIL.COM COMES AT YOUR OWN
DISCRETION AND RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU
OBTAIN FROM 24HOUREMAIL.COM WILL CREATE ANY WARRANTY.
9. Limitation of Liability. 24HOUREMAIL.COM WILL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES OR FOR INTERRUPTED, UNTIMELY, UNDELIVERED, INCORRECT,
INSECURE, OR ERRONEOUS COMMUNICATIONS, LOST DATA OR LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF
24HOUREMAIL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
10. Proprietary Rights. Content, including but not limited to
software, text, sound, music, video, photographs, graphics,
or other material contained in our sponsors advertisements or
information presented to you by 24HOUREMAIL.COM or its advertisers,
must be considered protected by copyrights, trademarks, or other
intellectual property rights and laws. You may use this material
only as expressly authorized by 24HOUREMAIL.COM or its advertisers,
and may not copy, transmit, or create derivative works of such
content or information without express written authorization.
11. Modifications. 24HOUREMAIL.COM may change these Terms of
Use from time to time, and you agree to accept and be bound
by any such changes, regardless of whether you receive actual
or constructive notice of the same.
12. Miscellaneous. This Agreement is governed by the laws of
the State of California without giving effect to principles
of conflict of laws. Any lawsuit filed in connection with or
arising from the terms of the Agreement shall be filed only
in the Los Angeles County Superior Court, Los Angeles CA, and
you hereby waive any objections to such venue or jurisdiction.
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. 24HOUREMAIL.COM's failure to act
with respect to a breach by you or others does not waive its
right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire agreement between you,
24HOUREMAIL.COM and supersedes any prior agreements pertaining
to the subject matter contained herein.
13. Taxes. User shall be responsible for all taxes due to local,
state or federal principalities.