Acceptance of the LPeMAIL.COM Service Agreement.
LPeMAIL agrees to provide email and related
services (The Service) to you (Customer) under the term of
LPeMAIL's Service Agreement (The Agreement). By using the
The Service you agree to be bound by all of the terms set
forth herein. Title. LPeMAIL and the LPeMAIL logo are service
marks of BKMedia. All content found on the LPeMAIL site
is copyrighted and protected by national and international
Acceptable Use. Customers will not use the Service for any
unethical or illegal activity, or transmit any text, data,
graphics, or other material for any illegal purpose or which
is related to illegal activity, or in violation of another's
rights, including, but not limited to, copyrights, trade secrets,
and privacy. The customer shall not transmit or receive any
threatening, harassing, libelous or obscene material. The
Customer shall not transmit or receive any material which
is deemed illegal by any local, state, federal, or international
law. The Customer shall not use the Service in conjunction
with spamming, sending bulk email, or sending any type of unsolicited
email. Customers may not use their LPeMAIL.com address in
the message headers or body in any of the abovementioned emails.
To do so will result in a fine of $150 per email sent. Customer may not resell
the Service without the written consent of LPeMAIL. LPeMAIL,
at its sole discretion, may terminate Service if the Customer
fails to comply with any of the terms of this Service Agreement,
or for any other reason that LPeMAIL considers compelling.
Customer understands that Liveprayer.com will send a Daily Devotional and other periodic messages to Customer via the email account provided to Customer by LPeMail.
LPeMail provides accounts for individuals. Please do not set up corporate business accounts.
Disclosure. LPeMAIL will not monitor or disclose the contents
of Customer's email, except when required by or under exigent
circumstances to protect the personal safety of its customers
or the public, when required to do in the course of system
maintenance, or when requested by the Customer.
Warranty. LPeMAIL makes no warranties of any kind, either
expressed or implied, for the Service. LPeMAIL disclaims
any warranty of merchantability or fitness for a particular
purpose. The entire risk as to the performance of, or arising
out of the use of the Service is borne by the Customer. Some
jurisdictions do not allow exclusions of an implied warranty,
so this disclaimer may not apply to the Customer and the Customer
may have other legal rights that vary by jurisdiction.
All inactive accounts will be deleted after 60 days. You must check your mail by logging into your account or via POP3 to be considered active.
LPeMAIL.COM has zero tolerance for those who use their LPeMAIL.com
address in conjunction with spamming. Customers may not use
their LPeMAIL.com address in the message headers or body
of any unsolicited mail. The use of a LPeMAIL.com address
as a contact at a website advertised in unsolicited mail is
also defined as a violation of our agreement, even if the
address did not appear in the actual unsolicited email. Any
use of a LPeMAIL.com address in conjunction with spam will
result in a fine of $150 for each email sent. If you fail to pay this fine we
will and you hereby grant us the right to turn it over to a collection agency.
By connecting to our servers or network, or by causing and email message to be sent thru our network, you are bound by the following:
Any unsolicited email sent TO any address or server at LPeMail.com will incure a charge of $150.
Use of a LPeMAIL.com address in conjunction with spam will
result in a fine of $150 for each email recieved. If you fail to pay this fine we
will and you hereby grant us the right to turn it over to a collection agency.
LPeMAIL.COM, at its sole discretion, may terminate Service
if the Customer fails to comply with any of the terms of the
Service Agreement, or for any other reason that LPeMAIL.COM
considers compelling. Limitation of Liability. Under no circumstances
and under no legal theory, tort, contract, or otherwise shall
LPeMAIL be liable to Customer or any other person for any
indirect, special, incidental, or consequential damages including,
but not limited to, loss of data, delays, misdeliveries or
service interruptions caused by LPeMAIL's negligence, Customer's
negligence, or unforeseeable acts. In no event will LPeMAIL be liable for any damages in excess of what
received from Customer for the Service. Some states do not
allow the exclusion or limitation of incidental or consequential
damages, so this limitation and exclusion may not apply to
Intellectual Property. Customer agrees that their LPeMAIL.COM
alias does not interfere with the intellectual property rights
of any third party, and is not being used for any illegal
purpose. Violation is ground for immediate Service termination.
Indemnification. Customer agrees to indemnify and hold
its affiliates, officers, and employees, harmless from any
claim or demand, including attorneys' fees, made by any third
party due to or arising out of the Customer's use of the LPeMAIL
Service, the violation of the Agreement by the Customer, or
the infringement by Customer, or other user of the Service
using Customer's computer, of any intellectual property of
other right of any person or entity, or as a result of any
threatening, libelous, obscene, harassing or offensive material
contained in any Customer communication.
Financial Loss. If Customer misuse of the Service results
in financial loss to LPeMAIL, the Customer agrees to fully
compensate LPeMAIL for costs and damages incurred.
Modification. LPeMAIL reserves the right to modify the
Service or change the terms and conditions of this agreement.
LPeMAIL shall provide notice of such changes by posting
on its World Wide Web site. Customers not agreeing to the
modified agreement may terminate the Service. Continued use
after such material has been posted shall be deemed acceptance
of the agreement by the customer.
Notice Any notice required shall be given as follows: Notice
from Customer to LPeMAIL shall be in writing via certified
mail or email. Notice from LPeMAIL shall be in writing and
shall be made by certified mail, email, or posted on the
LPeMAIL web site.
Termination. LPeMAIL Service may be terminated, effective
immediately, by either LPeMAIL or the Customer at any time
upon written notice to the other party. Upon termination Customer's
right to use Service immediately ceases. LPeMAIL shall not
be liable for any third party termination of the Service.
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.
Waivers. No waiver on the part of LPeMAIL 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.
Entire Agreement. This Agreement sets forth the provisions
with respect to the subject matter herein and supersedes all
prior agreements and understandings, whether oral or written,
relating to the subject matter.
Action Limit. No action, regardless of form, arising out
of, or in any way related to the subject matter of this agreement,
may be brought more than two years after the cause of action
Governing Law. This Agreement shall be governed by the laws
of the State of Florida in the United States of America. The
Customer agrees that any action brought under, arising out
of, or in connection with this agreement, or any alleged breach
hereof, the sole forums shall be the United States Federal
Court sitting in Tampa, Florida, and that any action commenced
in such courts shall not be transferred or removed to any
other state or federal court. The Customer agrees to personal
jurisdiction and venue of such courts.