1. The Fan Mail Services (collectively the service) is provided by FanMail.com, L.L.C. ("FanMail.com"), with all rights reserved. The service consists of information services, software, and other content provided by the Service. In addition, third parties provide information, software, and other content (collectively, "Third Party Content") which may be accessed over the Service. These terms and any instructional screens published over the Service constitute the entire and only agreement (collectively, the "Agreement") between Fan Mail Services and member (including its designated users) with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof.
2. Upon notice published over the Service, Fan Mail Services may modify this agreement or the Operating Rules, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.
3. Member's right to use the service or to designate users is not transferable and is subject to the limits currently, or in the future, that may be established by the Service.
4. Member agrees to indemnify FanMail.com, L.L.C., any of its information providers, licensers, employees, and agents against liability for any and all use by member of member's account.
5. The Service is provided to the Member at no charge. However, to use the Service the Member must obtain access to the World Wide Web and an account to which the Service shall forward the Member's Email. Member must pay any service fees associated with such access and or account. In addition, the Member shall provide all equipment necessary to connect to the World Wide Web, including a computer and a modem or other connection device. Member shall pay all applicable taxes related to the use of the Service by Member or its designated users. Member shall be responsible for all use of the Service accessed through Member's or its designated users password(s).
6. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. NEITHER FAN MAIL SERVICES, FANMAIL.COM, L.L.C., NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES FAN MAIL SERVICES OR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER FAN MAIL SERVICES NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. MEMBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO THE THIRD PARTY CONTENT.
7. Member, upon becoming aware of any vulnerability (s) of the Service, that may exist now or in the future, agrees not to further exploit or disclose such vulnerability(s) except to Fan Mail Services.
8. The provisions of paragraphs 6 and 7 are for the benefit of Fan Mail Services and its respective Information Providers, Licensors, Employees, and Agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.
9. Subject to the terms of this Agreement, Fan Mail Services grants to member a personal, non-exclusive, nonassignable and nontransferable license to use and display the Fan Mail Services Information Manager software ("Software") on any machine(s) of which member is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Member may not sublicense, assign or transfer this license or the Software. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is strictly prohibited by the Service. It is up to each individual member to determine what restrictions the information provider has placed on the information's use and to abide by those restrictions.
10. This agreement is, and shall be governed by and construed in accordance with the laws of the State of Alabama applicable to agreements, made and performed in Alabama. Any cause of action of member or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
11. Notwithstanding any acknowledgment of a member purchase order by Fan Mail Services any provision or condition in any purchase order, voucher, or other memorandum of the member which is in any way inconsistent with, or adds to, the provisions of this agreement is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of paragraphs 6, 8, and 11 and all obligations of and restrictions on member and its designated users shall survive any termination of the Agreement.
12. Member agrees to be fully responsible and absolutely liable for any and all intentional or unintentional acts that are directly associated with member's username that results in a disruption to, improper use of, additional cost to, or an illegal act effecting the Service.
13. In consideration of the use of the Service, the Member represents that they are of legal age to form a binding contract and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. Member, also, agrees to: (a) provide true, accurate, current and complete information about them as prompted by the Service's registration form (such information being the "Member Registration Data") and (b) maintain and promptly update the Member Registration Data to keep it true, accurate, current and complete. If the Member provides any information that is untrue, inaccurate, not current or incomplete, or FanMail.com has reasonable grounds to suspect that the information provided is untrue, inaccurate, not current or incomplete, FanMail.com has the right and may at it's sole discretion suspend or terminate the Member's account and refuse any and all current or future use of the Service (or any portion thereof).
14. Unless otherwise specified, the Service is for your personal and non-commercial use.
15. If the forwarding address the member has provided is unreachable by the Service for an extended period of time or if the use of the Service by a member is determined to be adversely affecting other members of the Service the Service may at it's sole discretion deactivate or terminate a member's account either permanently or temporarily.
16. The Service for the protection of it's members has the right and may at it's sole discretion terminate a member's account either permanently or temporarily for violating any one or all of the terms put forth in this agreement.
17. Use of the Service signifies acceptance of this agreement.