BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY luckysite123 YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE THAT YOU SUBMIT TO THE LAW AND JURISDICTION OF THE COMMONWEALTH OF PENNSYLVANIA. Please carefully read these terms and conditions as they describe your legal rights and obligations. This agreement shall become come effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an email from luckysite123 confirming your order, whichever happens first.
For the purposes of this Agreement:
1.1. "Content" shall mean the downloadable files which are interpreted by a client email or other application for display with or without plug-ins.
1.2. "luckysite123 Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by luckysite123 and/or luckysite123's affiliates, agents, or assigns which function to provide the luckysite123 Services.
1.3. "luckysite123 Services" shall mean the products and services provided by luckysite123 at any given time, including but not limited to email, file storage, and any associated support services, which luckysite123 Services may be changed, amended, cancelled and/or otherwise altered at any time in luckysite123's sole discretion.
1.4. "luckysite123 Software" shall mean any software provided by luckysite123 at any given time, whether downloaded to your computer or utilized online as part of the luckysite123 Services. The luckysite123 Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
1.5. "Laws" shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the luckysite123 Services and the laws of any provinces, states or dependencies thereof.
1.6. "Parties" shall collectively refer to luckysite123 and you.
1.7. "Suspend" or "Suspension" shall include the disabling of your Account and/or the cessation of transmission of data via Your Services.
1.8. "You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
1.9. "Your Data" shall mean any data, including but not limited to documents, emails, images, web pages, or other Content, related to your use of the luckysite123 Services and stored on or transmitted by the luckysite123 Equipment.
1.10. "Your Services" shall mean the specific luckysite123 Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract.
2.1. Email Services
2.1.1. luckysite123 shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of server space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Data and disseminating said data via the Internet through the use of luckysite123's Equipment for purposes consistent with this Agreement.
2.1.2. luckysite123, either directly or through its assignee or licensee, shall provide a moderated bulletin board on which you may post questions relating to Your Services. luckysite123 is not obligated to provide any customer service or technical support except as specified in this Section 2, and cannot guarantee that your questions will be answered in a timely fashion or otherwise. Notwithstanding the foregoing, luckysite123 at its sole discretion may at any time alter or cease providing the moderated bulletin board provided pursuant to this Agreement without any liability to luckysite123.
2.1.3. All use of the luckysite123 Services shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or luckysite123's services by entering into multiple agreements.
2.1.4. Your use of the luckysite123 Services, including but not limited to email traffic, and combined mailbox use and file storage per account shall not exceed that specified for Your Services. You are responsible for monitoring your use of the luckysite123 Services, and agree to check your email and download or delete your email on a regular basis in order to ensure compliance with this paragraph. Should your use of the luckysite123 Services exceed the limits specified for Your Services luckysite123 may return or reject any and all emails sent to you to the originating sender and delete or deny access to the storage space for Your Data without liability to you. You agree that luckysite123 may terminate your Account without notice or liability to you for usage in excess of permitted amounts.
2.1.5. luckysite123 reserves the right to alter, amend, or discontinue the provision of some or all of the luckysite123 Services, including but not limited to the provision of certain luckysite123 Services to International Customers in a particular market, at any time in luckysite123's sole discretion.
2.1.6. You are responsible for backing up Your Data on your own computer. luckysite123 does not warrant or otherwise guarantee that it will back up Your Data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, luckysite123 will have no obligation or liability to you.
2.1.7. You represent and warrant that your email address does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your email address is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 7. luckysite123 may suspend performance under or terminate this Agreement, cease transmission of emails or data associated with your account, permanently remove Your Data from the luckysite123 Equipment, revoke any and all email addresses assigned to you, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the provisions of Section 7, relevant Laws, or for any reason whatsoever, in its sole discretion. luckysite123 assumes no liability in the event a particular email address is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned email addresses do not infringe the rights of third parties, or that you will retain the rights to that email address for any period of time. You waive any and all clams you may have, now and forever, against luckysite123 relating to the registration and use of your email address and agree to indemnify and hold harmless luckysite123 from and against any such claims.
2.2.1. luckysite123 may, in its sole discretion, provide you with luckysite123 Software in combination with Your Services. Upon payment of all fees due and owing to luckysite123 under this Agreement, luckysite123 hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the luckysite123 Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for luckysite123. Source code or other information pertaining to the logic design of the luckysite123 Software is specifically excluded from the license granted hereunder.
2.2.2. Although the luckysite123 Software is generally provided free of charge, luckysite123 reserves the right to charge for the luckysite123 Software or any upgrades therefor at any time.
2.2.3. You recognize that the luckysite123 Software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the luckysite123 Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by luckysite123 or, if sublicensed by luckysite123, by the respective owners of the Software. You further acknowledge that you have been advised that the luckysite123 Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of luckysite123, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to luckysite123, and that its use and disclosure must be carefully and continuously controlled.
2.2.4. luckysite123 or, if sublicensed by luckysite123, the respective owners of the luckysite123 Software shall at all times retain title to all the luckysite123 Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder. 2.2.5. Unless provided otherwise in the specifications for Your Services, the luckysite123 Software supplied hereunder is for the your personal or business use. You shall not permit any third party to use the luckysite123 Software or allow access to the luckysite123 Software from sites outside of your home or business premises except as specifically authorized in writing by luckysite123. The luckysite123 Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 2.
126.96.36.199 While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the luckysite123 Software, whether such luckysite123 Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for Your use pursuant to this Agreement, nor; (ii) provide or make the luckysite123 Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of luckysite123. In order to protect luckysite123's trade secrets and copyrights in the luckysite123 Software, you agree to reproduce and incorporate luckysite123's trade secrets or copyright notice in any copies, modifications or partial copies.
188.8.131.52 You agree to notify luckysite123 forthwith if you obtain information as to any unauthorized possession, use or disclosure of any luckysite123 Software by any person or entity, and further agree to cooperate with luckysite123 at luckysite123's expense, in protecting luckysite123's proprietary rights. 184.108.40.206 Unless agreed otherwise in writing by luckysite123, the luckysite123 Software may be used only on a single computer or workstation. luckysite123 software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the luckysite123 Software on a network except to facilitate permissible installation of the luckysite123 Software on computers attached to the network. You warrant and guarantee that all users of the Software shall be aware of and comply with the terms of this license.
2.2.6. Certain luckysite123 Software is provided for online use as part of the luckysite123 Services (the "luckysite123 Online Software"). The luckysite123 Online Software is hosted software which runs directly on luckysite123's servers, and you may not download, install, store or make any copies of the luckysite123 Online Software, nor may you sublicense the luckysite123 Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the luckysite123 Online Software or any copies thereof and not to assist any third party in doing so. The luckysite123 Online Software is designed to be used through the luckysite123 user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. luckysite123 reserves the right to modify or discontinue the luckysite123 Online Software at any time without notice.
2.2.7. luckysite123 may provide its customers with the ability to download certain third-party software (the "Third Party Software"). The license conditions governing the use of the Third Party Software may differ from luckysite123's own software licenses. Customers of luckysite123 are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. THE PROVISION AND OFFERING OF SUCH THIRD PARTY SOFTWARE BY luckysite123 DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN luckysite123 MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.
2.2.8. In the event of termination of this Agreement, or upon any act which shall give rise to luckysite123's right to terminate, or upon the expiration of the license for luckysite123 Software which is subject to a limited-duration license, any and all licenses granted under this Section 2.2 shall terminate automatically, and you will remove, erase or destroy the luckysite123 Software and documentation and all copies thereof, wherever located, without demand or notice.
2.2.9. luckysite123 may stop providing the Software or any updates thereto, including but not limited to the Third-Party Software, at any time without notice or any further liability to You.
2.2.10. Certain Software (including Third-Party Software) may not be available to International Customers
3. INTENTIONALLY OMITTED
4. NO EXPRESS OR IMPLIED AGREEMENT TO DISSEMINATE MATERIALS WHICH ARE INCONSISTENT WITH YOUR WARRANTIES
Receipt by luckysite123 of data for storage and/or transmission via luckysite123's Equipment which are inconsistent with your warranties set forth in Section 7 herein shall not constitute an agreement by luckysite123 to allow the luckysite123 Services or the luckysite123 Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of luckysite123's Services or Equipment, to continue to disseminate such data
5. NO WARRANTIES BY luckysite123
THE luckysite123 SERVICES AND luckysite123 SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE luckysite123 SERVICES IS AT YOUR SOLE RISK. luckysite123 DOES NOT WARRANT THAT THE luckysite123 SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES luckysite123 MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE luckysite123SERVICES. NO WARRANTY IS MADE BY luckysite123 REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND luckysite123 HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. luckysite123 DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE luckysite123 SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS
6. luckysite123'S LIMITED LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL luckysite123, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE luckysite123 SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, luckysite123'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, luckysite123 DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE luckysite123 SERVICES, AND luckysite123 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE luckysite123 FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF luckysite123 FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO luckysite123 IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, IF ANY.
7. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES
7.1 You acknowledge that only you may use your account and you agree and warrant that you shall not permit anyone else to use your account or authorize any third party to access your account on your behalf. You are responsible for all activity that takes place with respect to your account.
7.2. You agree and warrant that your use of the luckysite123 Services and luckysite123's Equipment, and all sales and distributions, by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or copies of copyrighted works (such as .ZIP); goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the luckysite123 Services or luckysite123 Equipment, shall at all times comply with all applicable Laws.
7.3. You agree and warrant that you will neither store on nor allow to be transmitted by luckysite123's Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by an age-inappropriate-looking performer (i.e. someone who looks younger than eighteen years of age, regardless of their actual age) or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age by virtue of the advertising, script, make-up, demeanor, costuming, setting, etc., or which could otherwise result from or cause harm to minors.
7.4. You agree and warrant that all data, visual materials, advertising and other matter you store on or allow to be transmitted by luckysite123's Equipment shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to consenting adults and only to places in which such materials comply with contemporary community standards.
7.5. You agree and warrant that all data, visual materials, advertising and other matter you store on or allow to be transmitted by luckysite123's Equipment shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, incest, rape, sexual assault, actual physical violence, torture or disfigurement, or other content deemed objectionable by luckysite123, in its sole discretion.
7.6. You agree and warrant that you shall not damage, disable, overburden, or impair the luckysite123 Services or interfere with anyone else’s use or enjoyment of the luckysite123 Services.
7.7. You agree and warrant that you will not use the luckysite123 Services to transmit messages which display, contain or link to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or display or contain any material that consists of child pornography or which could otherwise result in harm to minors.
7.8. You agree that in the event that luckysite123 is informed by any party that You are using the luckysite123 Services to transmit messages which infringe the copyright of any party, or violate the right of publicity or privacy of any party, or consist of any other claim or violation of intellectual property rights of any kind, then luckysite123 may, without prior notice to you and in luckysite123's sole and exclusive discretion, suspend the provision of the luckysite123 Services and/or terminate this Agreement, without any liability of any kind to luckysite123 from either you or any third party. As more completely set forth in Sections 5, 6 and 9, you waive any and all claims you may have, now and forever, against luckysite123 relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless luckysite123 from and against any such claims.
7.9. You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, all data which you store or otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the luckysite123 Services or luckysite123's Equipment.
7.10. You agree and warrant that no data or other matter you store on or allow to be transmitted by luckysite123's Equipment shall constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.
7.11. You agree and warrant that no data or other matter you store on or allow to be transmitted by luckysite123's Equipment shall contain or link to any material which is harmful, violent, threatening, abusive or hateful.
7.12. You agree and warrant that any and all material(s) of every kind which you store or transmit using luckysite123's Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the luckysite123 Equipment or web site or another person's web site without authorization, or use the luckysite123 Services to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.
7.13. You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming," "phishing," or "mail bombing," and luckysite123 reserves the right to block mail from any source, including outgoing mail from your Account, which luckysite123 believes, in its sole discretion, is being used to send such unsolicited email. While luckysite123 continues to actively review and implement new technology to ensure that its customers neither send nor receive unsolicited email, there is no currently available technology that will totally prevent the sending and receiving of unsolicited email.
7.14. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the luckysite123 Services or luckysite123's Equipment.
7.15. You agree and warrant that you shall not resell or redistribute the luckysite123 Services or any part thereof, or use any unauthorized means to modify or reroute the luckysite123 Services (or to attempt same).
7.16. You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the luckysite123 Services and that no taxing authorities shall have any claim against luckysite123 or any persons affiliated therewith for the payment of such taxes.
7.17. You represent and warrant that you are over thirteen years of age and are fully competent to enter into this Agreement.
7.18. You agree to comply with all Laws rules regarding online conduct and acceptable Content.
7.19. You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons" maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for luckysite123 Services. Residents of countries which are serviced by a luckysite123 affiliate are required to contract with those luckysite123 affiliates, and you represent and warrant that you are not a resident of one of those countries.
7.20. You agree to abide by United States and other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your luckysite123 account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
7.21. You agree not to use your Account for the storage of files other than in the course of normal email usage or as provided otherwise in the specifications for Your Services.
7.22 With respect to any advertising content you may transmit through the Services, you agree and warrant that all such advertising content shall comply with all Laws, and shall not result in consumer fraud, product liability, or damage of any kind to any third party.
8. CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT
8.1 luckysite123 is a service mark of luckysite123, all rights reserved. The trademarks, logos, and service marks displayed on this web site (collectively, the "Marks") belong luckysite123 and/or its affiliates or third parties which have licensed those rights to luckysite123 ("Partners"); luckysite123 and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. All other trademarks, product names, and company names and logos appearing on luckysite123's web site are the property of their respective owners.
8.2 Unless expressly stated otherwise on the luckysite123 web site, you should assume that all content, images, and materials appearing on this web site (collectively the "luckysite123 Content") are the sole property of luckysite123. Both U.S. and international copyright laws and treaties protect such luckysite123 Content. You may not use, reproduce, display, or sell any luckysite123 Content without luckysite123's prior written consent. You may not link to any page within luckysite123's web site or frame any portion of the site without luckysite123's prior written consent