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CEDAR NETWORKS TERMS OF SERVICE (TOS)
DESCRIPTION OF SERVICE
Cedar Networks will provide You with the services you select (the "Service"). Access is provided subject to the following Terms of Service ("TOS"). Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS IS" and that Cedar Networks assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or settings.
Cedar Networks provides basic equipment to access the Services free of charge. Any damage or change to the equipment may cause you to incur the cost of repair or replacement of the equipment. Should you decide to terminate services before the end of the contract term, you may incur charges for the cost of the equipment.
You affirm that you are at least eighteen (18) years of age. The Service is not transferable and may not be used by anyone other than You.
MEMBER ACCOUNTS, PASSWORDS AND SECURITY
You will receive one or more account names and passwords upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the passwords and accounts, and are fully responsible for all activities that occur under your passwords or accounts.
You agree to immediately notify Cedar Networks of any unauthorized use of your passwords or accounts or any other breach of security, and to ensure that You exit from your accounts at the end of each session. Cedar Networks cannot and will not be liable for any loss or damage arising from your failure to comply with these responsibilities.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Cedar Networks are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Cedar Networks does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Cedar Networks be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree not to use the Service to:
You acknowledge that Cedar Networks does not pre-screen Content, but that Cedar Networks has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Cedar Networks may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS, response to claims that any Content violates the rights of third-parties, or protect the rights, property or personal safety of Cedar Networks, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks, and changes to conform and adapt to the technical requirements of these networks or devices.
Recognizing the global nature of the Internet, You agree to comply will all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You reside.
You agree to indemnify and hold Cedar Networks, and its officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of Content You upload, post, email, or otherwise transmit via the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE NO SHARING OF SERVICE
You acknowledge that Cedar Networks may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other Content will be retained by the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Cedar Networks servers on your behalf, and the maximum number of times (and the maximum duration for which) You may access the Service in a given period of time. You agree that Cedar Networks has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Cedar Networks reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Cedar Networks reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Cedar Networks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cedar Networks shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Cedar Networks, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Cedar Networks believes that You have violated or acted inconsistently with the letter or spirit of the TOS. Cedar Networks may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Cedar Networks may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, You agree that Cedar Networks shall not be liable to You or any third-party for any termination of your access to the Service.
The Service may provide links to other World Wide Web sites or resources. Because Cedar Networks has no control over such sites and resources, You acknowledge and agree that Cedar Networks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Cedar Networks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
CEDAR NETWORKS PROPRIETARY RIGHTSYou acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Cedar Networks You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Cedar Networks grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that Your use of the service is at your sole risk. The service is provided on as "As Is" and "As Available" basis. Cedar Networks 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. - Cedar Networks makes no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the Service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by your through the Service will meet your expectations, and any errors in the software will be corrected. - Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Cedar Networks or through or from the Service shall create any warranty not expressly stated in the TOS.
LIMIT OF LIABILITY
You expressly understand and agree that Cedar Networks shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages for loss of profits, goodwill, use, data or other intangible losses (even if Cedar Networks has been advised of the possibility of such damages), resulting from the use or inability to use the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the above Warranties and Liabilities may not apply to You.
Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to You generally on the Service.
The TOS constitute the entire agreement between You and Cedar Networks and govern your use of the Service, superseding any prior agreements between You and Cedar Networks. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software. The TOS and the relationship between You and Cedar Networks shall be governed by the laws of the States of Colorado and New Mexico without regard to its conflict of law provisions. The failure of Cedar Networks to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Service were last updated on December 17, 2009.
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