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This Terms and Conditions statement will explain the following
regarding our Site and Service:
- Service
- Your Obligations
- Content
- No Warranties
- Indemnification
- Termination
- Miscellaneous
1. Services
1.1. By requesting or using Christmas Lake Online Services you agree
to accept the terms of the Agreement as if you had signed it.
Christmas Lake Online may change this Agreement at any time;
such changes will be effective immediately upon transmission of notice
by e-mail, postal mail, posting on the Christmas Lake Online Web
site or any other means. Each time you use the applicable Service
reaffirms your acceptance of the then-current Agreement. If you do not
wish to be bound by this Agreement, you must discontinue using the
Services and notify the
webmaster of
your intent to terminate the account.
1.2. Christmas Lake Online may discontinue or alter any
service level or aspect of the Services at any time, without notice,
without liability and in Christmas Lake Online 's sole discretion.
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2. Your Obligations
2.1. You agree to provide Christmas Lake Online with accurate,
current and complete information, to the extent required by Christmas
Lake Online for your registration as a user of any of the
Services or at any time thereafter, and to maintain and to update this
information as required to keep it accurate, current and complete. You
agree in your enrollment and in your use of the Services not to
impersonate any other person or entity, and you represent that you are
either 18 years of age or older.
2.2. You are responsible and liable for any activity by any person who
uses your account with the Services. Other users of your account will
be bound by this Agreement as if they were you. You are responsible
for maintaining the confidentiality of your password and for any
liability resulting from disclosure of your password. You agree that,
upon becoming aware that your password or account is (or possibly is)
being used without authorization, you will immediately change your
password and notify Christmas Lake Online by sending e-mail to
abuse@Christmas Lake
Online .com.
2.3. You are responsible for obtaining and maintaining the equipment
and telephone services necessary to access and use the Services and
for any telephone charges associated with connecting to and using the
Services, including without limitation any telephone charges
associated with the transmission to or from your computer of any
information sent by or on behalf of Christmas Lake Online, including
without limitation information of the types specified in Section 2.4
below. Depending on the access method and services you accept or
select, your location and your calling plan, connecting to the access
number (s) you accept or select may cause you to incur long distance
or additional charges on your telephone bill. To find out
whether you will incur any charges and, if so, the amounts of such
charges, please contact your local telephone company. You are solely
responsible for all telephone charges incurred by your use of the
Christmas Lake Online Services and Christmas Lake Online
will not reimburse you for any such charges. Certain Christmas Lake
Online Services require, but do not include, Internet access and
you are responsible for obtaining, at your own expense, such access
from Christmas Lake Online or another provider.
2.4. You expressly permit and authorize Christmas Lake Online and its
affiliates (and such third parties as may be authorized by Christmas
Lake Online, subject to the Privacy Statement) to furnish you,
electronically when you use the Services or by any other means
selected by Christmas Lake Online , information or materials prepared
by Christmas Lake Online or by (or on behalf of) other entities,
including advertising information, solicitations and software
downloads. You acknowledge that any such information, advertisements,
solicitations and downloads are an inseparable part of the Services,
and you understand and agree that the furnishing of such information,
advertisements, solicitations and downloads to you cannot be
terminated unless the Services are also terminated. Some third parties
furnishing you with advertisements and solicitations through the
Services may permit you to "opt out" of receiving such communications
from them, in which case you can do so by following the instructions
they provide. However, Christmas Lake Online is not responsible
for any such party's failure to comply with its own "opt out"
policies, nor does Christmas Lake Online endorse the views or
content of any third party advertisements or solicitations. All such
advertisements and solicitations will be understood to be requested by
you through the act of using the Services, and each time you use your
account reaffirms such request. Christmas Lake Online 's policies
relating to privacy and the collection and use of subscriber
information are set forth in the Privacy Statement, which forms an
integral part of this Agreement.
2.5. You agree in using the Services to comply with Christmas Lake
Online 's Guidelines for Acceptable Use. You acknowledge that the
Services are provided only for personal use by you and members of your
household, and not for corporate or excessive commercial use or for
use by organizations or other groups of users.
2.6. You agree that Christmas Lake Online may establish general
practices and limits concerning use of the Services. These may
include, among others, the maximum number of days that unread e-mail
messages will be retained by the Services, the maximum number of
e-mail messages that may be sent from or received by an account on the
Services, the maximum size of any e-mail message or attachment that
may be sent from or received by an account on the Services, the
maximum disk space that will be allocated on Christmas Lake Online 's
servers on a subscriber's behalf, and the maximum number of times (and
the maximum duration for which) a subscriber may access the applicable
Service in a given period of time. The Christmas Lake Online e-mail
service and network including, without limitation, e-mail addresses,
is owned by Christmas Lake Online. E-mail in inactive or
terminated accounts may be deleted in accordance with Christmas Lake
Online 's policies. You agree to use Christmas Lake Online
e-mail services only to send and receive personal messages. Christmas
Lake Online prohibits unsolicited e-mail to be sent or received
through the Services, and uses a variety of techniques to eliminate or
minimize e-mail or attachments that Christmas Lake Online
believes are unsolicited, inappropriate or harmful. In doing so,
Christmas Lake Online may block or delete e-mail or attachments
sent by you or to you, even though such e-mail or attachments may not
be unsolicited, inappropriate or harmful. You understand that unless
otherwise specified in your service level or plan terms, Christmas
Lake Online does not utilize anti-virus software or services to scan
for viruses. If your service level or plan terms do include anti-virus
software or services, you understand that that not all viruses can be
detected and/or cleaned. You are responsible for any damages
caused by your decision to download any e-mail or attachments.
You agree that Christmas Lake Online is not responsible for any e-mail
or attachments that are blocked or deleted for any reason and that you
have no right, and Christmas Lake Online has no obligation, to
retrieve or access any such deleted or blocked e-mail or attachments.
You further agree that Christmas Lake Online is not responsible for
any e-mail or attachments that it fails to block or delete, even if
such e-mail or attachments contain viruses or are otherwise harmful to
your computer. Without limiting the generality of Christmas Lake
Online 's rights as set forth in this Agreement, Christmas Lake Online
reserves the right to change your e-mail address and associated member
ID if, in Christmas Lake Online 's sole discretion, it is
inappropriate or infringes on the rights of a third party.
You acknowledge that Christmas Lake Online may implement
prioritization practices in connection with accessing certain internet
access Services and that your ability to establish and maintain a
connection to the applicable Service may be limited, in connection
with such practices or otherwise. You acknowledge that any limits
Christmas Lake Online establishes may differ for different
portions of the Services, and in particular may be set at different
levels for subscribers based on factors determined in Christmas Lake
Online 's sole discretion, which may or may not include, among others,
a subscriber's chosen service level, specific usage patterns,
geographic location, the particular telecommunications carrier through
which a connection to the Services are attempted or established,
and/or a subscriber's participation in certain programs designed to
generate revenues for Christmas Lake Online. You acknowledge that
Christmas Lake Online may restrict, limit or require the use of
third party software or services in connection with the Services. You
also acknowledge that Christmas Lake Online reserves the right
to change these general practices and limits at any time, in its sole
discretion, with or without notice.
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3. Content
3.1. You acknowledge that information, communications, photographs,
video, graphics, software, music, sounds and other materials may be
accessible to you through your use of the Services. You acknowledge
that, as a matter of policy, Christmas Lake Online does not
pre-screen such materials, but that Christmas Lake Online has
the right (but not the obligation) to remove from its computer servers
materials (including, without limitation, materials created, posted,
uploaded or transmitted by you) that Christmas Lake Online , in its
sole discretion, determines to be in violation of the Guidelines. You
further acknowledge, however, that Christmas Lake Online does
not have the capability to monitor, review, restrict, edit or remove
materials made available by third parties on the Internet, and you
agree that you must evaluate, and bear all risks associated with, the
use of any materials, including any reliance on the accuracy,
completeness, or usefulness of such materials. The fact that Christmas
Lake Online provides a link to a particular Web page is not an
indication that we endorse that site's policies or the content or
products available from that particular site.
3.2. You acknowledge that materials available through the Services may
be protected by copyright, trademarks, and other intellectual property
rights. You agree that your use of such materials is governed by all
applicable laws and regulations, and by any further restrictions
placed on such materials by their owners or licensors.
3.3. You acknowledge that the Services may provide certain public
areas (e.g. message boards, newsgroups, forums, and public mailing
lists), and that Christmas Lake Online is a distributor (and not
a publisher) of information disseminated by persons using the
Services. By posting, uploading or transmitting material to any such
area, you are requesting Christmas Lake Online and/or its
partners to make such material available to others, and you are
acknowledging that placing such material in a public area will result
in copies of such material being transmitted to others. By posting,
uploading or transmitting material to any public area, you (i) grant
to Christmas Lake Online and/or its partners a worldwide,
royalty-free, perpetual, irrevocable, non-exclusive license (including
the waiver of any moral rights) to use, reproduce, modify, adapt,
publish, distribute, display, and create derivative works from, such
material (in whole or in part) and to incorporate it into other works
in any form, media or technology (whether now known or later
developed) and (ii) warrant that the owner of any rights in the
material, including intellectual property and moral rights, has waived
such rights and has given you the right to grant the license described
above.
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4. No Warranties
4.1. You agree that use of the Services is at your sole risk. You
acknowledge that some of the Services may provide access to the
Internet, but that the Internet is not owned, operated or managed by
Christmas Lake Online .
4.2. With respect to information, goods and services provided or
accessed on or through the Services or otherwise available on the
Internet, Christmas Lake Online (i) has no responsibility or
obligation with respect to (and does not endorse) any information,
good or service, (ii) makes no warranties whatsoever (express or
implied) with regard to any information, good or service (including,
without limitation, warranties of accuracy, completeness, usefulness,
merchantability, safety or fitness for a particular purpose), (iii)
will not be a party to a transaction between you and any other user of
the Services and (iv) will not be liable, under any circumstance, for
any loss, cost or damage arising directly or indirectly from any act
or omission of any person or from any information, good or service;
except to the extent the foregoing may not be disclaimed under law.
Christmas Lake Online does not assume liability to subscribers
or others for any failure to enforce the Guidelines.
4.3. Christmas Lake Online AND ITS PARTNERS DO NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY
AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. Christmas Lake
Online DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY
LENGTH OF TIME OR AT ANY SPEED. THE SERVICE AND THE SOFTWARE ARE
PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES
WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION,
WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Christmas Lake
Online DOES NOT WARRANT THAT Christmas Lake Online
SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN
IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE
OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SERVICE OR Christmas Lake
Online SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN
(INCLUDING ELECTRONIC) INFORMATION PROVIDED BY Christmas Lake Online ,
ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR
AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY
SUCH ADVICE OR INFORMATION.
4.4. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL
BREACH) WILL Christmas Lake Online OR ANYONE ELSE INVOLVED IN
PROVIDING THE SERVICE OR SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH
THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE
OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. Christmas
Lake Online 'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT
TO THE SOFTWARE OR THE SERVICE WILL BE REPLACEMENT OF MEDIA CONTAINING
THE SOFTWARE THAT Christmas Lake Online DEEMS TO BE DEFECTIVE OR
THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU FOR THE APPLICABLE
SERVICE FOR THE PRIOR MONTH, IF ANY. THE TERMS OF THIS SECTION WILL
SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH
RESTRICT LIMITATION OF LIABILITY PROVISIONS, Christmas Lake Online 'S
LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
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5. Indemnification
You agree to indemnify and hold harmless Christmas Lake Online and its
affiliates and their respective officers, directors, employees and
agents against any liability, damages or other expenses (including
attorneys' fees and costs) arising from your use of the Services
(including, without limitation, your dissemination of any information
on the Services).
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6. Termination
6.1. Christmas Lake Online may terminate your access to the
Services and your account at any time, for cause or for no cause, with
or without written (including electronic) notice. Upon termination,
you will have no right to continue to use the Services or access any
stored content on the Services (and any such content will be
forfeited). You acknowledge that if an account on the Services is
terminated (or if you delete your account from Christmas Lake Online
's central computers), any unread e-mail sent prior to termination (or
deletion of your account) may be deleted from the Services.
6.2. You may cancel your account at any time by emailing the
webmaster at
any time. If you are dissatisfied with this Agreement or any
terms, policies, or practices of Christmas Lake Online in
operating the Services, any content available through the Christmas
Lake Online Services, or any change to any of the foregoing,
your sole recourse is to cancel your service and discontinue using the
webmail account.
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7. Miscellaneous
7.1. The failure of either you or Christmas Lake Online to
insist upon or enforce strict performance by the other of any
provision of the Agreement will not be construed as a waiver of any
provision or right. Neither the course of conduct between you and
Christmas Lake Online nor trade practice will act to modify any
provision of the Agreement.
7.2. If any provision of this Agreement is held to be unenforceable
for any reason, that provision will be reformed only to the extent
necessary to effect the original intentions of the parties, and the
remainder of this Agreement will remain in full force and effect.
7.3. This Agreement and its enforcement will be governed by, and
construed in accordance with, the laws of the State of Indiana,
without regard to conflicts-of-law principles. You consent to the
exclusive jurisdiction of the state and federal courts situated in the
State of Indiana in connection with any action arising under this
Agreement or relating to the Services or Software, and to having any
judgment or order from such jurisdiction recognized in any other
court, tribunal or other governmental body in order to have the same
enforced against you. Any cause of action brought by or on behalf of
you with respect to this Agreement, the Services or Software must be
commenced within one year after the claim or cause of action arose.
7.4. For the purposes of this Agreement, references to including shall
mean "including, without limitation," unless such language is already
set forth.
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Last update: 10-13-2004
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